A Houston Divorce Lawyer Providing Professional And Compassionate Guidance
The decision to pursue a divorce is never easy. There is a lot to think about and there are overwhelming decisions to make. Our firm’s attorney, Denise Guajardo Khoury, is committed to helping her clients in Houston and its surrounding communities make educated and informed decisions in their divorce and family law matters.
With decades of dedicated experience, and as a certified mediator, our founding attorney at Guajardo Khoury Family Law will provide informed legal guidance and work to protect your rights and best interests in divorce proceedings, including settlement discussions, mediation, a collaborative divorce, or advocating on your behalf at trial.
Getting Divorced In Texas
Texas is recognized as a “no-fault” divorce state, meaning that you can file for divorce, and there is no need to prove that your spouse was at fault or committed wrongdoing. Every divorce case is unique and has varying degrees of conflict. In a contested divorce, spouses disagree on one or several issues. Meanwhile, in an uncontested divorce, spouses might be able to agree on all of the divorce terms. The process can vary in duration and complexity, but our firm’s attorney is committed to making sure you will navigate this challenging time with clarity and confidence.
Temporary Orders: Transitioning From Separation To Divorce
During the divorce process, most parties will begin to separate their living arrangements and untangle from each other. This can be cause for contention, but the court can issue temporary orders to help ease the transition. Temporary orders can be issued to:
- Ensure that additional debts are not accrued by your spouse in your name
- Protect access to the children by deciding temporary custody and parenting time schedules
- Prevent parental relocation to another state or country
- Dictate who has use of the marital home, the family vehicle(s)
- Direct who will maintain insurance coverage
Temporary orders can be especially helpful in high-conflict divorce. They can also protect spouses in divorces that involve domestic violence and financial abuse.
The Complexities Of A High Net Worth Divorce
When a couple has a high net worth, their divorce can be infinitely more complicated. Cataloging various types of assets for evaluation and their anticipated division can be a complex process. With decades of experience, attorney Denise Khoury works with forensic accountants and other financial experts to ensure that your rights are protected.
Spousal Maintenance And Alimony
In the state of Texas, if there is a significant imbalance in the earning capacity of the spouses, the parties can agree on contractual alimony and decide that one spouse will provide maintenance, or alimony, to the other. Because spousal maintenance has to be agreed upon, the parties will set the terms, including the length or number of payments and the amount of money paid.
Pursuing A Settlement: Mediation And Collaborative Divorce
Most parties in a divorce will attempt to reach a settlement during divorce mediation. With the help of a neutral third party, the parties will work together to resolve their differences. Our firm’s attorney is a certified mediator who helps parties come to an agreement on their contested issues in a divorce. This can be done with or without each spouse having their own representation.
In a collaborative divorce, both parties are represented by a lawyer. They commit to resolving their issues without going to court and instead use other professionals to help them resolve their differences. Both mediation and collaborative divorce offer couples the chance to resolve their differences in a private setting conducive to facilitating cooperative and creative solutions.
Frequently Asked Questions About Divorce
Families do not have to go through a divorce alone. Our attorney at Guajardo Khoury, PC, can represent families every step of the way. We are here to educate families on their legal rights. Here are some important questions you may have:
What is a “no-fault” divorce in Texas?
In Texas, a majority of divorces are filed as “no-fault.” No-fault divorce means that a couple has mutually agreed to divorce and that neither party is to blame for the end of a marriage. When couples file for a no-fault divorce, divorce matters such as child custody, asset division and alimony can all be resolved amicably.
A fault-based divorce means that there was something specific one party did that led to the breakdown of the marriage, such as abandonment, abuse, or adultery. A fault-based divorce is often costly and time-consuming, which is why many couples will file for a no-fault divorce.
What are the residency requirements for filing for divorce in Texas?
Texas family laws require at least one spouse to live in the county where they file for 90 days and in the state for six months before filing for divorce.
How is property divided in a Texas divorce?
Texas is a community property state, so marital assets may be divided equally. Each spouse keeps their own separate property, including inheritance and gifts. However, an equal distribution of assets may not exactly mean assets are split 50/50. Assets may be split depending on what is “just and right.” In other words, factors such as each spouse’s education, earning capacity and health, custody of children, and taxes, can influence the division of assets and debts.
What should I bring to my initial consultation with a divorce lawyer?
There are several important documents to bring to your initial consultation with a divorce lawyer. A few of the documents you should bring include:
- Your marriage certificate
- Tax returns for the last two years
- Bank statements for the last year
- Records of any debts or loans
- Property titles to real estate and vehicles
- Prenuptial or postnuptial agreements
Our lawyers can help you prepare your document for your initial consultation.
How are debts divided in a Texas divorce?
Debts may be considered joint liabilities, and they may undergo the same division treatment as other marital assets during the divorce process.
Consult A Houston Divorce Lawyer
Our divorce lawyer is available for confidential initial consultation appointments. To schedule an appointment, call our office at 281-305-6381 or fill out our online contact form. Let us help you start your new beginning.