Divorce Lawyer – Here to Help Fix Complicated Issues
The Law Offices of Luis Yañez has been ranked as one of the best divorce law firms in the Southwest region due to our highly reviewed assistance and quality care. With the top local help, our ratings and reviews speak about our great initial consultation process. With an experienced and reliable firm by your side, it’s no wonder why we are rated so highly in the El Paso Region.
Dealing With A Complex Divorce
Having to deal with a divorce is a complicated process. As divorce lawyers, we understand that not all divorces can be easily resolved. From the stress of emotional strain to understanding everything from child support and custody to visitation rights, assets, and property separation, divorces can be some of the most complicated ordeals anyone can go through. With a complex divorce, there are even more issues to address.
- High Net-Worth – With large assets involved in the process, it’s important to assess the value of the division of the property fairly.
- Business Practices – The level of involvement from each spouse, outside partners connected to the business, etc.
- Unique Assets – This includes 401 (k) accounts, retirement plans, stock investments, foreign bank accounts, properties owned both in and out of state and country, or any other assets that might be difficult to evaluate.
- Reimbursement Claims – In Texas, property obtained during the marriage is considered community property. Although, improvements to a property made prior to marriage can be reimbursed for funds spent.
- Child Relocations – If the custodial parent decides to move out of state with the child, they must seek court approval. If the non-custodial parent disagrees with the situation, this can also cause problems.
- Tax Issues – Post-separation, tax problems can arise for the following tax year.
These are only a few of the major problems that we see during complex divorces. This can also go more in-depth into financial issues, hidden assets, child complications, etc.
Contested vs. Uncontested Divorce
As divorce lawyers, we understand that there are various issues to think of when getting divorced. Things like asset and debt division, child support, and custody are all issues that can also determine how long the trial will go on. If you’re able to agree about all major issues with your spouse before the trial, it will be considered an uncontested divorce. These types of divorces tend to be relatively quick and will not require a trial or any other large legal matters. This also means that the cost of divorce will be significantly lower.
However, if you and your spouse cannot agree on one or more major issues, it will be a contested divorce. Many times divorces start contested and turn to uncontested. The judge will sort out any issues that you cannot come to a formal agreement with at the time. Keep in mind that we’re here to help you through many of these decisions, and some of the options can become appealable.
Divorce Issues You May Face
During your divorce issues, you must decide on or have the court make a choice for include:
- Financial impacts
- Hidden assets
- Knowing your assets
- Hidden assets
- Coming to agreements
- Child custody and visitation
- Knowing all accounts under your names
Texas is a community property state, meaning that the property acquired in the marriage belongs to both spouses. If you owned separate property prior to your marriage, then that property still belongs to you. The court will find a way to divide the community property in an equitable way under the circumstances. Factors that come into play here are:
- The cause of breakup leading to divorce
- Earning power between both spouses
- The health of each spouse
- Who has custody
- Education and future employability
Spousal Support (Alimony)
Either side can request support from the other spouse during the divorce process if the requesting spouse does not have enough to provide for basic needs and one of the following circumstances:
- The supporting spouse was convicted for an act of family violence against the other or children within two years of filing for divorce.
- The requesting spouse is unable to earn enough income to self-support themselves due to a physical or mental disability
- The spouses were married for at least ten years but less than twenty and the requesting spouse lacks the ability to meet basic needs to earn income
- The spouse with custody must support a child with a disability and is unable to work.
Child Custody & Visitation Rights
Child custody and visitation can become a complicated matter for several reasons. If you and your spouse cannot come to an agreement and custody gets taken to trial, then a few things could happen depending on the circumstances. Every case is different in this situation and many things are taken into consideration when the choice gets made. To learn more about custody and visitation, see our page here.
Depending on how custody is agreed upon, someone will have to pay some form of child support. This can mean 20% of income goes towards the parent with primary custody. This is where our divorce lawyer can help by getting you fair payments. Click here to learn more about the child support process.
Schedule A Consultation, Today
If you and your spouse are filing for a divorce, give us a call to schedule a consultation with our divorce lawyers. We want you to be prepared during this time, and we understand the guidance you may need during these life events. Our divorce lawyer can help explain the process so that you and the other party are treated fairly. Come by our office or contact us today.