Don't Go Through Your Divorce Alone. Hire the Divorce Lawyers Fort Worth Trusts.

As a family law firm, we handle all aspects of both family law and divorce cases. Our experienced family law attorneys can help you with:

Child Custody

One of the highest conflict matters that divorcing spouses may have to handle, is the agreement on child custody. While divorce often happens because spouses fall out of love with each other, the love for their children will never fade and remains as strong as ever.

This means that both parties are often likely to fight for custody, and neither will back down. This can create even more conflict and may actually cause a situation that is detrimental to the children. In a divorce, it is always best to reduce the displacement in the children’s lives as much as possible.

When it comes to making decisions and signing divorce papers every family court Judge in Texas will make their rulings based on what they believe is in the best interests of the children. Texas law, backed by studies, believes that children have the best chance of healthy development if they have access to both parents after a divorce.

This means a joint custody plan is the preferred method unless one party can clearly evidence that the other parents may pose a danger to the children. Our child custody attorneys can help you and your ex reach a favorable outcome. 

Mothers’ and Fathers’ Rights

Thankfully, as times have changed, no Family Court or Judge will make their decisions based solely upon gender. Mothers, nor fathers, will not get preferential treatment when it comes to things like child custody based upon their gender.

The courts will always consider what is in the best interest of the children involved, and this can mean that the dispute becomes a prolonged one. A prolonged dispute is never good for any children involved and this is why it is important to seek the help of a skilled Fort Worth family law attorney.

This becomes a problem when both parents are fighting for custody, and unfortunately, it can be the children that suffer in a prolonged dispute.

Modification of Order

A divorce decree is a court order, and this means that things like child custody, child support, spousal support, and the division of property are all legally binding. You cannot simply decide that you wish to stop paying child support for example.

However, orders can be modified in the right circumstances. If you can present evidence to the court that there has been a significant change in circumstances or if you have reason to believe that your child may be in danger, the courts will listen to your appeal.

Pursuing a modification of a court order is always difficult, and you will need to handle it with care. Your best option is to discuss it with an Fort Worth divorce lawyer who can help you build an air-tight case, backed with evidence.

For changes of circumstances, the courts may reduce payments if you can prove you have lost a job, suffered an illness, developed a disability, relocated or have a new family and dependents.

Child Support

Child support payments are important payments made by one parent to the parent who houses the child the majority of the time. This is to cover the cost of clothing, food, and accommodation. These payments are in place to cover the void created by a partnership of two, splitting, whilst still retaining the same legal obligation to meet their children’s needs.

High-Asset Divorce

When there are significant assets in the marital estate, the division of property becomes a lot more complex. First will be the need to divide the property into separate and community property, as Texas is a community property state.

This means that all of the assets you or your spouse have obtained during the period of your marriage is classed as community property and this is up to equitable division. Which means fair, not equal. While a 50/50 split may happen, the Judge ultimately retains the ability to divide the estate in the split they see as fair and equitable.

All of the property that each spouse owned before the marriage, and any gifts, inheritance, or compensation payouts will remain the sole property of that individual. Divorce between high net worth individuals can be extremely complex. That’s why it is crucial to work with a skilled high asset divorce lawyer who can help you and your ex reach a fair outcome. 

Enforcement

Because your divorce decree is a legally binding court order, it means that violating the terms could result in court enforcement in the most severe cases.

If your ex-spouse has not been paying their child support or spousal support payments, then you should discuss it with your attorney. They will speak to them before escalating matters.

You must remember, however, that visitation and custody arrangements are two separate issues and this means that they have no impact on each other. You cannot stop the mother or the father of your children from seeing their children just because they are not paying child support. If you do this, you are violating a legal order too.

In the most extreme cases, where your ex-spouse is being unreasonable and unwilling to work with your attorney on a plan to catch up with payments, your attorney may seek the help of the courts, who have the power to garnish wages and even issue a warrant for their arrest.

Recovery of Attorney Fees

In rare cases where there is a significant disparity in wealth between two spouses, the spouse with the larger pool of resources may attempt to draw out the proceedings because they know they can afford it and their spouse may run out of money.

This is a malicious tactic and if you have reason to believe this is what is happening, you and your attorney may be able to apply to the courts to have your spouse cover all of your attorneys’ fees as a result of their misconduct.

Domestic Violence

Domestic violence has, unfortunately, been on the rise over previous years, particularly during the Covid-19 lockdowns.

We take a firm stance against any form of domestic abuse, and our promise to our clients is that if you are suffering from domestic violence, we are here to help. We can help you discuss your options, help you put a safety plan in action before you make any decisions, such as telling your spouse you are filing for divorce, and we can help you file a protection order. A protection order can protect you and your children from your abusive spouse while you move forward with your divorce proceedings.

False Domestic Violence Allegations

While rather rare, we have seen cases where there have been false allegations of domestic violence. This is a tactic that may be used by desperate parties in an attempt to sway property divisions or child custody decisions.

Thankfully, your attorney will be able to help you dispute these claims and discredit your spouse in the eyes of the court in the meantime.

Spousal Support

For spouses that have sacrificed their careers or given up the opportunity to pursue further and higher education in order to look after children or the family home, leaving a divorce can be scary. This is because, without the financial assistance of the main earner, they may not be able to live the same quality of life or fund their new education or retraining.

This is why spousal support may become necessary. Spousal support is a payment paid by one spouse to the other after the divorce. It usually only lasts as long as it takes the spouse to get back on their feet and retrain.

Different Child Custody Arrangements

There are three types of child custody arrangements, they are:

• Joint Managing Conservatorship
• Sole Managing Conservatorship
• Possessory Conservatorship

Joint Managing Conservatorship Custody

The preferred custody plan is the joint managing conservatorship plan. With this plan, both parents will have the legal joint right to make important decisions In regard to their children.

Under this plan, one spouse will have the child live with them, that house becoming the primary residence while the other parent will have visitation rights, which give them the legal right to see their child for a minimum amount of time. Usually, there will be a visitation schedule, with the most common example being the alternating weekend plan. In this plan, the visiting parent will have the child on alternate weekends and one night during the week and the child will live at the primary residence with the other parent for the rest of the time.

Sole Managing Conservatorship Custody

Sole managing conservatorship is usually awarded when there is a reason why one parent should not have the right to make important decisions relating to the child. This does not mean that they will not have visitation, although this visitation may need to be supervised.

Reasons why the courts may consider awarding sole managing conservatorship to one parent may be if the other parent has a history of violence, drug abuse, or felonies.

If you wish to pursue sole custody, you will be expected to present an extremely compelling case and should discuss this with your Fort Worth child custody attorney.

Possessory Conservatorship

Possessory conservatorship is a type of child custody arrangement in Texas that grants an adult, such as a grandparent, the right to have possession of a child and make decisions about the child’s living arrangements, healthcare, and education. When this happens, the parents may be made managing conservators.

The possessory conservator may also be granted the right to make decisions about the child’s passport, residence, and travel. However, the managing conservators must be notified and must be given the opportunity to participate in the decision-making process.