Many people going through a divorce wonder about whether or not they can have a family law court order their soon-to-be ex-spouse to pay their attorney's fees before the divorce is over. There are several reasons why a person might need this to happen and the short answer to the question, as is with many family law legal questions, is it depends. Courts will consider various factors in deciding whether it would be fair to order a spouse to pay for the attorney's fees of the other spouse while a case is going on. One important thing to note when requesting attorney fees on a temporary basis is whether you are asking for the attorney's fees based on a suit affecting the parent-child relationship within a divorce i.e. attorney's fees based on the safety and welfare of the children or based on the need for attorney's fees based on another reason. Let's explore the law that gives a family court authority to order one spouse to pay for another spouse's interim attorney fees in a Texas divorce based on facts other than the safety and welfare of children.
In Texas alimony is called spousal support and it may be that you and your spouse have reached an agreement on whether or not one spouse receives a payment for their support during or after divorce. If you haven't reached an agreement with your spouse then court intervention is likely necessary to obtain the maintenance or "alimony" that you think that you are entitled to.
Sometimes the situation arises when two people have lived together for an extended period, perhaps even 20+ years and then decide to separate, they may wonder what rights to property and children do I have? Am I common law married? The situation becomes even more troublesome when only one spouse is a bread winner and the other is the ever noble homemaker. This blog post will address the property issues that can arise when two people live together but aren't married or wait a long period of time to marry under Texas family law.
Many people don't know that the vast majority of family law cases end up settling out of court. Most of the time out of court settlements are for good reason and can greatly simplify a family law case for all involved and eliminate some of the strain that is placed on the Texas family courts. Not only is it very expensive to take a case all the way to trial, but you know your situation better than a judge does and you are in a better position to decide what is going to work best for you and your family.
Sometimes people near or at retirement age come into my office and would like to know about what will happen to the assets that they have worked much of their lives to amass upon divorce. The answer to this question is of importance to more and more people in Texas and I thought this would be a good time to shed some light on the subject.
Many folks who are going through a Texas divorce, or are contemplating a divorce in Texas, wonder what is going to happen to the property that they have acquired during their marriage. Many people worry that they are going to suffer because they are a male, or operate under the common misconception that a division of property in a Texas divorce is automatically 50/50, or that you can marry a billionaire for a week and get half of what they own by getting a divorce a few days or weeks later. The truth of the matter is that many factors come into play when a Texas divorce court decides how to divvy up a marital estate. How will the marital property be divided you ask? It depends, read on to learn more.
What is Community Property in Texas?
Many people are anxious to know how much marital property they are going to be able to walk away with after a Texas divorce. As background, everything acquired during marriage is community property; regardless of whose name is on the item in question. What that means is that the item belongs one hundred percent to you and one hundred percent to your spouse. A court will seek to make a just and right division, how a court divides property is the subject of a separate article that can be found here: "Dividing Property in a Texas Divorce, Is it Just and Right?". What I want to address is the benefit or harm that could be caused in excessively fighting over certain property in a divorce.
People get divorced for many different reasons, the reasons for divorce are not the topic of this post. The topic of this post is what do you want once you have actually decided to obtain a divorce. You and your attorney need to identify your goals to achieve the best result for you and your family.
You may or may not be surprised to learn that most Texas divorce cases settle outside of court. You may not understand why you should attend mediation and you may just be ready to have your day in court. Attending mediation doesn't mean that you are giving up on your day in court, and in many instances a Texas court of law will require the parties to attend mediation before any contested hearing, especially if child custody is involved or their are complex property issues to be litigated. Although mediation doesn't always work, it can present some valuable opportunities that may be impossible to get standing in front of a judge.
Divorce isn't something people usually enjoy and can compound the already high level of stress involved in everyday life. There are so many feelings that are involved in the process, hurt, burdened, afraid, angry, are a few, there are too many to list. The following article is going to give you a few tips about why talking to an attorney before a divorce is a good idea and can be beneficial for you. Divorce should not be taken on alone and I encourage you to schedule a free consultation by calling 832-777-8924 or by sending an email to firstname.lastname@example.org.
Chad Zubi Houston Family and Criminal Law Attorney.