Leander Divorce Lawyer

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Divorce is one of the most challenging things that anyone can face. In particular, the emotional toll can be immensely difficult to manage and overcome. However, as hard as it can be to go through a divorce, it also offers the opportunity for a new beginning. With the right Leander divorce lawyer representing you, a divorce can leave you with a solid foundation for the next phase of your life.

It’s critical to hire a lawyer who understands the nuances of divorce law, the details of the process, and the sensitivities involved. Our team at the Vaught Law Firm focuses on providing skilled assistance in these situations. With our skilled, compassionate lawyers on your side, you’ll be equipped to seek a favorable outcome.

Major Issues in a Leander Divorce

The process of divorce involves separating and dividing two lives that are deeply intertwined. There are many critical details to work out, and it can often be especially stressful when so many vital parts of your life are undecided. Working with the right lawyer can give you the confidence to know that your desires are being advocated for.

Child Custody

One of the most difficult aspects of a divorce is working out arrangements for child custody. Most parents have a deep love for and desire to be with their children. However, a divorce almost always means some time away from children. This can cause this aspect to be particularly emotional and tense as the details are decided.

There are two different aspects of child custody. One of these is possession and access, which involves the physical aspects of where the child will reside and what kind of time will be spent with both parents. If one parent has possession and access, their child will live with them.

The other aspect, known as conservatorship, describes the rights and duties of the parents, along with how the parents will be involved in making the important decisions for the child’s education, medical care, religious practices, and other important issues.

If the issue goes to court, the court will consider a variety of factors when looking at the issue of conservatorship, but the law makes it clear that their primary concern must be the best interest of the child. While the general preference would be to ensure that both parents play a very active role in their children’s lives, a judge will look at the whole situation and relevant factors before reaching a conclusion or approving an agreement.

Child Support

Child support decisions can be especially difficult, and it is often the parent who spends less time with the child who will be paying the support. The other parent will have less opportunity to work and require more resources to care for the child.

The amount of child support paid will be a percentage of the noncustodial parent’s net monthly income. The amount you pay or receive each month will be dependent on the paying parent’s income and the number of children.

Spousal Maintenance

Compared with other states, Texas tends to place a stricter set of criteria on who will and who won’t be eligible to receive spousal maintenance. Any spouse who is seeking maintenance must be able to show that they are unable to meet their minimum reasonable needs. Once that is proven, they must meet a minimum of at least one other requirement:

  • Have been married for a certain period and are unable to earn enough to meet their basic needs
  • Have custody of the couple’s child, who has a mental or physical condition that requires significant extra care
  • Is unable to become self-supporting because of their own physical or mental condition
  • Their spouse was convicted of family violence, and the victim was either the dependent spouse or their child. The convictions must have occurred soon before the divorce was filed or while the divorce was pending.

If spousal maintenance is awarded, there are also a number of factors that could limit the amount and the length of time for which the maintenance will be paid.

Property Division

Texas operates under community property rules for property division. This means that before any property is divided, it must first be established which property is considered community property and which is considered separate property. Generally, separate property will only be property that was owned prior to the marriage or gifts and inheritance, so long as the property was never mixed with the community property during the marriage.

Once the property is put into the appropriate categories, it will be only the community property that is then divided. The property is not required to be divided in an even, 50-50 split in terms of value. Instead, it should be divided in an equitable manner. This allows the judge the opportunity to consider the broader scope of the marriage and a variety of factors. With all of that in mind, they will want the division of property to be “just and right.”

If you created a premarital agreement before you were wed, you may follow the instructions specified in the agreement when dividing property.

Let the Vaught Law Firm Help You Through the Divorce Process

We believe that a divorce could be the beginning of something better for our clients. There’s always sadness, disappointment, and possibly resentment involved in the process, but it does hold the opportunity to move on to the next phase of life and begin anew. However, to take advantage of that possibility, it’s absolutely critical that you hire a lawyer who understands the impact the divorce proceedings will have on your future.

At the Vaught Law Firm, we want to set our clients up with a strong foundation on which to build what’s next for their lives. While a divorce is always extremely difficult, we take the time to understand what’s most important to you and how we can pursue those objectives. Contact us if you’re facing a divorce and need a team prepared to represent you and your interests.