Vonda Covington, a divorce and family law attorney serving the residents of Richmond, Texas and neighboring regions, stresses the value of understanding the many steps associated with the divorce process, in addition to why divorcing individuals need to hire an attorney possessing significant experience handling these matters.
Issues Requiring Resolution
A Texas divorce lawyer urges those considering divorce to realize that several issues must be resolved before a judicial body will recognize their dissolution as official. Such subjects include:
Arguably, the most important financial matter necessitating resolution is asset allocation. Texas is a community property state. This means the property the splitting couple accumulated during their married life is subject to division. Separate assets, such as inheritances, gifts, or any material either spouse owned prior to the wedding, are not considered community property.
Moreover, the state adheres to a civil law principle known as equitable division. This mandate dictates that the assets in question be split as equally and fairly as possible. However, that does not necessarily mean each spouse will receive an even 50 percent allocation. Courts complete the distribution process after considering various underlying factors.
Typically, if the parting couple is the parents of minor children, the spouse not holding physical custody of the youths in question will be required to remit child support payments.
Separating factions with minor children must determine which parent will hold physical custody over their offspring. When spouses cannot reach an amicable arrangement, family courts will render such decisions with the children’s best interests at heart.
A Richmond, Texas divorce attorney urges prospective clients to realize that there are several distinct categories of divorce, uncontested and contested.
Uncontested splits are those in which the parting subjects do so on amicable terms and demonstrate a willingness to resolve pertinent matters without major court involvement.
In such instances, individuals agree to fair and equitable asset allocation agreements and develop parenting plans. Texas courts encourage divorcing couples to create parenting contracts outlining several key issues.
Typically, parents share custody. However, one spouse will hold physical custody, meaning this parent’s home will be the youths primary residence and where they will spend the bulk of their time. The parenting contract will also contain provisions regarding visitation and transportation schedules for the parent not holding physical custody.
Additionally, parenting contracts might include discussions involving how important scholastic, health, and other pertinent decisions will be made on a child’s behalf. Furthermore, the document may also include mandates regarding how expenses such as higher education and medical costs will be addressed.
Unfortunately, not all divorces proceed smoothly. Many breakups are bitter and hotly contested. Such cases often proceed to a courtroom trial.
Those experiencing contested divorce hire legal representation, disclose marital assets, and make their wishes public. However, contested proceedings often head to a trial involving the disclosure of grounds, the presentation of evidence, and witness testimony. That said, the ultimate outcome will be determined by a judge or another legal official.
Equitable asset distribution is determined after the court considers several issues, including the current incomes or earning potential of each party, the age and health of said subjects, individual financial stability, which person will hold physical custody of minor children, how much each spouse contributed to community property accumulation, and the external obligations each party might hold.
Ergo, it is not uncommon for a deciding entity to award a higher percentage of the couple’s property to one spouse and less to the other.
Furthermore, custody will be awarded based on who the court deems would most befit the needs, health, and social well-being of the youths under scrutiny. Texas has also established rules governing parenting plans and visitation schedules for spouses who cannot amicably agree on said arrangements.
Contacting Vonda Covington
If you are contemplating divorce, reside in Richmond or surrounding areas, and are feverishly searching for divorce lawyers near you, look no further than the experienced divorce and family law attorney, Vonda Covington.
Attorney Covington possesses significant experience handling such cases and producing favorable results for her clients.