If you do not meet the conditions required to qualify for the uncontested divorce flat fee, The Haw Law Firm can represent you as your Divorce Attorney in Katy, Texas.
What is the consultation fee?
Clients may receive a free 30 minute phone consultation with an attorney at The Haw Law Firm. In-person consultations cost $200.
What is the retainer at The Haw Law Firm?
The retainer is set during the initial consultation, based on the complexity of your case, the anticipated legal needs that you have in your case and also what you are able to afford. The retainer is usually combined with a monthly payment plan.
There are usually two main areas that cause parties to be unable to come to an agreement during a divorce, Property and Child Custody, both of which are discussed below:
Property Division in Divorce
Separate v. Community Property
In Texas, all property is presumed to be community property unless it is established as separate property by clear and convincing evidence. Community property is owned by both spouses, and it must be divided by the court upon divorce.
Separate property is property of a spouse that was owned or claimed by the spouse before marriage, the property acquired by the spouse after marriage by gift, devise or descent and the recovery for personal injuries sustained by the spouse during marriage (except for the recovery for lost earning capacity during the marriage). Many times, the establishment of separate property is difficult and fact-sensitive.
When the court divides community property during a divorce, the Court will make an award based upon what is “just and right.” Generally, the starting place in the division negotiations is 50% to each spouse. However, the court may award a disproportionate share of the community estate to one spouse.
There are many factors that the court considers when weighing whether to award a disproportionate share of the estate to one spouse. These factors include, but are not limited to, the disparity in earning capacities between the spouses, fault in the failure of the marriage, and the physical condition or health of the spouses.
The Haw Law Firm can help you ensure that your property division is fair and help you navigate the difficult process of dividing up what may feel like a lifetime worth of assets.
Custody of the Children
When a suit for divorce involves minor children, deciding the issues of custody, care and control of the child(ren) is of primary importance.
Sole Conservator v. Joint Managing Conservators
The court determines whether the parents should be appointed as joint managing conservators. Joint Managing Conservators considering the following factors:
(1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators;
(2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest;
(3) whether each parent can encourage and accept a positive relationship between the child and the other parent;
(4) whether both parents participated in child rearing before the filing of the suit;
(5) the geographical proximity of the parents’ residences;
(6) if the child is 12 years of age or older, the child’s preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and
(7) any other relevant factor.
Who gets to decide where the children live?
One parent will usually be given the right to determine the primary residence of the child. In other words, one parent will be able to decide where the child lives. Who gets this right is an important decision and can be hotly contested among the parties.
The party that is not appointed the primary parent is generally required to pay child support according to the statutory guidelines.