Austin No Fault Divorce Attorneys
Texas No Fault Divorce Lawyers
Divorce is all about the separation of your life from the life of your spouse. This separation impacts your finances and your relationship with your children. Even if the spouses are separating amicably the divorce process will still be complex. But an experienced divorce lawyer for men in Austin can make the whole process easier and you should contact one for:
- A litigated divorce;
- A collaborative divorce;
- High Net Worth Divorce; and
- Military divorce.
Your lawyer’s main goal is to work with you to create a strategy that will increase your chances of getting an order that is favorable to you and your children.
How Divorce Lawyers For Men Can Help You?
Top Divorce Lawyers Austin
Many men have fears that they may be stereotyped and disregarded in divorce cases, and are concerned that judges may issue orders that put men at a disadvantage. Men are concerned that women may be favored in the court system especially when it involves child support and asset division during divorce. Men oftentimes are more likely to remain in a bad marriage due to their fears about not being able to see their children consistently after a divorce.
An experienced divorce lawyer can guide you through the divorce process, ensure that your rights with your children are protected, and protect your financial interests.
Asset Division
Best Divorce Attorney Austin
Since Texas is a community property estate, during a divorce the community property of the parties will be divided between the husband and the wife in a fair and equitable manner. Debts that accumulated during the marriage must also be divided among the spouses. Community property is the property or assets that were acquired during the marriage. Your Austin Divorce Attorney can assist you with how long-term incentive plans such as stock options, restricted stock units, bonuses, and performance shares are treated in a Texas divorce.
The assets that the two spouses brought into the marriage are considered separate property. There is a likelihood of a conflict to emerge when the spouses disagree on what is community property and what is not.
What Fathers That Want Primary Custody Should Know
Mens Divorce Law In TX
Either the mother or the father can be awarded the exclusive right to designate the primary residence of the children in Texas, which is the legal right that parents are fighting over when there is a disagreement regarding custody. Texas Courts will consider a number of factors in determining the parent that is awarded the right to determine the primary residence of a child. The leading case on these factors is Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), as determined by the Texas Supreme Court. The factors established in that case are still guiding factors for Texas Judges making custody determinations which include:
- the desires of the child;
- the emotional and physical needs of the child now and in the future;
- the emotional and physical danger to the child now and in the future;
- the parental abilities of the individuals seeking custody;
- the programs available to assist these individuals to promote the best interest of the child;
- the plans for the child by these individuals or by the agency seeking custody;
- the stability of the home or proposed placement;
- the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and
- any excuse for the acts or omissions of the parent.
***This listing is by no means exhaustive, but does indicate a number of considerations which are pertinent.
One of the primary considerations for Judges is the role of each parent in raising the children before the petition for divorce was filed. In other words, what involvement in child duties did you have before the divorce was filed. Other considerations include:
- Whether the father has the necessary mental, emotional and physical condition to support a child;
- Whether the father is willing to put the needs of the child first including having a relationship with your child that serves your child’s best interests.
Useful Tips For Men Going Through A Divorce
Men’s Advocate Lawyers
While there is nothing in Texas law that gives women an advantage over men regarding custody, the way a man is perceived could negatively impact their case in court. It is important that you do not do anything at the end of a marriage that can negatively impact your divorce situation. You can prevent this by doing the following:
- Stay home: Your spouse can’t kick you out of the home or change the locks just because you are getting divorced. So, as long as the environment in your home is not extremely hostile, stay in the home with your children, until Temporary Orders can be negotiated that establish a possession schedule for each parent’s time with the children. I always recommend consulting with an attorney before moving out of the marital residence.
- Prevent confrontations: Divorce is often emotional, which means heated arguments are very likely to occur. If you get into a heated argument, especially in the initial stage of the divorce, your spouse could call the police. Many difficulties ensue if the police come to your home regarding allegations of family violence, especially if an arrest occurs. Any arrest is highly likely to influence custody and possession of your children.
- Compile documents: Gather documents like complete actual bank statements, brokerage account statements, retirement account statements, social security statements, financials, income reporting documents such as W-2s, 1099s, tax returns, etc. Your lawyer will use these documents when preparing your case.