Divorce and Related Issues
Despite your best effort to "make it work," divorce may ultimately be the only realistic solution. And when you make that decision, it helps to have an attorney who is on your side.
Since 1977, I have guided clients through the legal process of divorce and other related issues with compassion and discretion. My office staff and I are prepared to assist you during this difficult period in your life, helping you set realistic expectations and addressing any questions or concerns you may have.
Divorce
In Texas, you can only file for divorce—not separation. This can make the decision to divorce even more difficult for some couples, as it does not provide a legal state of transition before filing for divorce. With more than 32 years of experience in family law, I am ready to help you determine the right solution for your marital issues. If divorce is the path you choose, I help ensure you navigate it with dignity and clarity.
When you file for divorce, the state of Texas requires that you declare the grounds, or reason, for the divorce. Texas allows for divorce on both no-fault and fault-based grounds.
No-fault grounds
You may file for a no-fault divorce if the marriage is intolerable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Fault-based grounds
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Alimony
Alimony is available in Texas by agreement. In many cases, it is beneficial to both parties to reach an agreement that includes alimony.
Texas law also provides for spousal support in Chapter Eight of the Texas family code. Spousal support is available to either partner in a marriage depending on their income and if they were financially dependent on the other person during the marriage. The amount and duration of spousal support awarded may directly impact the division of marital property.
I understand that spousal support can be crucial in your recovery from a divorce. I do not give you false hope regarding your chances of receiving spousal support—I tell you if the odds are stacked against you. If they are, I work even harder to attain the spousal support you deserve.
Property and debt division
Any property division case has the potential to become very complicated, very quickly. This is especially true when the couple owns multiple businesses, pension plans, properties, or stocks—or if they are in serious debt. As an experienced family lawyer and MBA, I understand the nuances of property and debt division, including—
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Your business and divorce
As the owner of a small business and the recipient of an MBA degree, I know first-hand the hard work and sacrifice involved in operating a company. So I understand your concerns regarding your business during and following a divorce. You may feel that your livelihood and professional ambitions are at risk, even while your personal life is under siege. I provide legal counsel to guide you through all aspects of your divorce—including how to protect your business during this challenging time.
Pre-and post-nuptial agreements
Protecting your assets is important in any partnership—including marriage. Although many couples planning to marry do not want to consider the practical side of marriage, it is in fact a legal contract between two individuals. When one or both partners bring financial or other property into the marriage—or have exceptionally high earning potential—it is a good idea to discuss these matters before marrying. In those instances, a pre-nuptial agreement is vital.
If you are already married and determine that a post-nuptial agreement such as a partition agreement is in order, I can help with that, too.
In both cases, it is crucial that the documents are well planned and drafted correctly. I have advised thousands of engaged and married couples on these issues and written pre- and post-nuptial agreements for them. I can do the same for you.
Post-divorce issues
Even in the most straightforward divorce, where both spouses are in agreement on most issues, challenges may arise. For example, if one spouse worked outside the home while the other was a homemaker, how will the working spouse's retirement account be divided? If the account started during the marriage, I can draft qualified domestic relations orders to help ensure equitable distribution of the account. I can even help if the brokerage firm on the account does not require a qualified domestic relations order.
As part of the divorce and post-divorce proceedings, I routinely—
- Draft deeds and transfer titles for all types of property, such as vehicles and boats
- Assist with wealth distribution of stock options
- Deal with insurance issues related to the dissolution of marriage
Contact the Law Office of V. Wayne Ward P.C. today
When I became an attorney in 1977, my goal was to help people. That remains my priority today. I represent clients in family law cases including divorce, child custody and support, and related issues. I am well versed in alternatives to litigation such as collaborative law and mediation. Contact me today. I am ready to hear your story and determine how I can help you through this difficult period in your life.
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