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A Lawyer that Offers Varied Approaches to Achieving Divorce
Helping you end your relationship in a less emotionally damaging way
Divorce can quickly escalate from a reasonable decision to a full-blown, I-don’t-care-if-it-costs-me-$100,000-I’m-going-to-get-sole-custody-of-the-dog process. Elaine S. Michael Attorney at Law helps Texans focus on the divorce issues that really matter, such as the welfare of your children and the need to keep communication channels open for future issues, while ensuring that your rights are protected and asserted in child visitation, child support, property division and other matters.
Types of Texas divorces
The dissolution of your marriage can be accomplished in a number of ways. The easiest way is uncontested divorce, also called no-fault divorce or simple divorce, in which you and your spouse simply agree there exists a conflict for which there is no reconciliation. Contested divorces may be filed on the grounds of cruelty, adultery, conviction of a felony, abandonment, confinement in a mental hospital or abandonment.
Contested divorces may be settled through mediation, where a neutral party is responsible for encouraging parties to reach an agreement on their own (an attorney may be consulted) or litigation, where resolution is argued before a judge in divorce court.
20 years’ experience in handling contestable divorce issues
Divorce attorney Elaine S. Michael has more than 20 years’ legal experience — and direct personal experience — with major divorce issues, including:
Child custody and child support — Texas courts operate on the presumption that the child's interests are best served by ordering joint custody, with the parent providing the primary residence for the child receiving child support from the other parent. The courts follow a formula to determine child support until the child finishes high school or reaches age 18, whichever is first, or is otherwise emancipated. The court also will make an order for medical support for the child.
Spousal support — Texas tends to be tough on alimony, limiting post-marital maintenance to strict circumstances and time periods. The supporter cannot be ordered to pay more than the lesser of $5,000 a month or 20 percent of the person’s average monthly gross income.
Division of property — Aside from the children, the most highly contested aspect of divorce tends to be the division of property. These points are important to remember:
Texas is a community property state and all property accumulated during the marriage is presumed to be community property. However, this is a rebuttable presumption, and with the use of a technique referred to as “tracing” it is possible to identify certain assets as separate property.
Assets must be divided in a "fair and equitable " manner. This can mean a 50/50 split, but many times one party will be awarded a larger proportion of the property.
Factors to be considered in the division of community property include the earnings potential of the individuals, fault in the breakup of the marriage and debt you jointly owe.
Family law attorney Elaine Michael provides counsel on simple or complex property issues, and represents your argument before the court. She is devoted to fighting as hard as you want to fight and will always push forward for a fair and equitable division of property on your behalf.
Resolving divorce issues amicably, so family members can move on- Call today at 281-993-0700