Divorce & Accompanying Issues
When going through a divorce, it can often be one of the most difficult times in a person’s life. At Koch Law Firm, we understand this difficulty and make sure to help our clients identify and achieve their needs and goals during this trying time. We provide legal assistance in all areas related to divorce, including temporary orders, modification, and enforcement of custody and child support obligations. We take your needs seriously and help you through the financial, emotional, and practical decisions you will face throughout the divorce in order to promote a more positive future.
We handle both, contested and uncontested divorces, and encourage our clients to use different settlement negotiations and mediation to try and reach agreed decisions. Both forms of alternative dispute resolution (ADR) allow you to have control over the decisions made which will affect your future. While trial is always an option, courts don’t always allow parties adequate time to fully present their case, and typically apply the standard possession order to most cases. Settlement conferences and mediation are a way to allow clients to be involved in developing a creative solution to fit the unique requirements in their case. However, if settlement attempts prove unsuccessful, Koch Law Firm will vigorously protect the rights of its clients in court.
A divorce proceeding will require decisions about children and property. It is important to understand the process and what to expect. At Koch Law Firm, we make sure to walk our clients through the entire process and keep them updated throughout the entirety of the case. The three main areas to focus on are (1) property division, (2) child custody, and (3) child support.
Texas is considered a community property state. This means that unless an exception applies, all property acquired during the marriage is considered community property and needs to be divided. If a spouse receives a gift, inheritance, or recovery from a personal injury claim, those assets are excluded and are considered separate property. When dividing the community property, there is no requirement that the property be divided equally. The court will consider the length of the marriage and the just and right division based on the needs of you and your children. Because the judge does not know your family and your needs, coming to an agreement before a trial is often the best way to get your intended results.
The best interest of the child is always the primary consideration of the court in determining the issue of child custody. The court presumes that joint managing conservatorship is in the best interest of the child, but this presumption can be rebutted and sole managing conservatorship is appointed in certain cases. Generally, both parents have the same rights and duties regarding the children. The amount of visitation and child support is where the challenges begin. While the courts have their standard orders, parents can always reach an agreement and our firm can help you come up with a creative plan that is acceptable to the courts.
The law provides for child support and presumes that applying the statutory guideline is in the best interest of the child. Courts will use a statutory formula to determine the exact amount of support, however, other factors may apply and creative agreements can be reached outside of the court.
If you are considering filing for a divorce, or your spouse has already filed, call Koch Law Firm at (469) 328-8376 to schedule a consultation. You can also fill out a contact form and someone will reach out to you within 24 hours to discuss your case.