One of the most common questions an Austin Divorce Attorney is asked is, “What’s the difference between a contested and an uncontested divorce?” An uncontested divorce is a divorce in which the parties have reached an agreement on all issues, including spousal support, visitation, child support and division of property and debt. A contested divorce is a divorce in which the parties are not in agreement on all issues. Even if the parties are in agreement on all but one issue, the divorce is considered contested.
Although Texas law does not recognize same sex marriages, an Austin Divorce Attorney may assist same sex couples in documenting their relationship under contract law principals. This is best accomplished through the use of a domestic partnership agreement. A domestic partnership agreement is a legally enforceable contract which sets forth the rights and obligations of the parties during the relationship and in the event the relationship ends.
Austin divorce attorneys are sometimes called upon to represent clients who wish to create a post-nuptial agreement. Post-nuptial agreements are similar to prenuptial agreements except that they are created after a couple is married.
“Why should I get a prenuptial agreement?” This is a big question that as an Austin divorce attorney, I’m often asked. Prenuptial (or premarital) agreements are designed to protect each individuals’ “property” and appreciate in interest or value earned upon that property from being entitled as community property…
As an Austin divorce lawyer, I understand that divorcing couples have another area they tend to argue about… pets. Most people consider their dogs, cats and other family pets a big part of their family. The thought of being away from these pets can be quite unbearable.
Do The Legwork For Your Attorney: Find The Hidden Assets Before You File For Divorce There are many important functions that an Austin divorce attorney must contend with including getting their clients the best possible property settlement considering the circumstances. Be honest: an ideal world would have both spouses automatically letting the other know of all their assets and how those assets would be split. But this is not the ideal world and this is where Austin divorce attorneys come in handy.
The reasons that older couples tend to divorce are not that much different to the reasons why younger couples get divorced. However, older couples who choose to part ways need to have an Austin divorce lawyer who knows their special needs.
There are times when clients may need an Austin divorce attorney to look into having a marriage negated. What the client really wants, however, is having the marriage declared void. Annulments and voids do not mean the same thing and people often confuse the two terms.
A lot of questions are asked to me about mediation. How it works, who’s involved, are we going to be in the same room, will the mediator decide if we can’t come to an agreement? All very good questions.
There is a presumption under the Texas Family Code that alimony should not be awarded in a divorce case. However, this is a rebutbable presumption. This means that while the courts tend to presume that alimony is not necessary, a person can overcome that presumption. Only a qualified Austin divorce lawyer can tell you for sure if you qualify for alimony.
The legal aspects of Texas alimony were explained in the previous article titled “Texas Alimony Part 1.” Here, the reality of how alimony works will be explained. Only a qualified Austin divorce lawyer can help you determine if Alimony is appropriate for you.