Divorce Attorney for Women in Houston

Divorcing a Husband FAQs

Divorcing a husband in Houston is a tough decision and a woman facing that decision probably has many questions. To help reduce the stress and answer some of your questions, our divorce attorneys for women in Houston put together several frequently asked questions (FAQs).

What Are the First Steps to Take When Divorce Is Inevitable?

• The first step is always going to be do your research and do your homework. Gathering financial documents, property information, and any evidence for trial purposes is vital at the onset of a divorce, especially if there is a concern the other spouse may attempt to dispose of or hide community assets.
• Finding a reputable and skilled divorce lawyer is the next step. They can review your documents, assess your facts and circumstances, and give you a better understanding of your legal standing.

What Is the Most Common Mistake Women Make During a Divorce?

• Trusting that an offer from their spouse is “fair” and proceeding without an lawyer. Even if an agreement was reached informally, it’s so important to have an lawyer review a proposed offer. What seems “fair” coming from your spouse may not be seen as “just and right” under the eyes of the Texas Family Code.

What Financial Tactics Do Husbands Use During a Divorce?

• Shady financial tactics during a divorce can include hiding of assets, trying to claim separate property (such as inheritance or owned prior to marriage) as community property, underreporting income or hiding sources of income, trying to pass of debt to the other spouse.
• The best defense against all of those tactics is to bring the receipts. Document assets and the date they were acquired, don’t mix inheritance money with your joint checking account, be mindful of all accounts and try to stay on top of the family finances.
• Bring your attorney all the documents you can obtain and if your spouse is controlling or prevents you from accessing the accounts, hire a great attorney who will utilize the discovery process to your benefit.

How Do I Protect My Interest for Assets Acquired Before the Marriage?

• As Texas is a community property state, any assets acquired prior to marriage should remain the separate property of that spouse. Here is where documentation becomes so important. The burden of proving an asset is separate property falls on the spouse making that claim. If a portion of a retirement account, a motor vehicle or real property was owned prior to marriage, you must provide the documentation showing the date of inception.

Our Children Attend a Private School, Have a Tutor and a Nanny. Will Child Support Cover These Expenses?

• It depends. Child support in Texas is determined using a very concrete formula. One child receives 20% of a paying spouse’s net income, two children receive 25%, three children receive 30% and so on. Child support is also capped to the first $9200.00 of the paying spouse’s monthly income.
• There are provisions in the Texas Family Code that allow for payment of child support above the guideline amounts, but that is not guaranteed and is very fact specific. If a child has disabilities or special circumstances that require a tutor or a special school, then it may be something a Texas family law court would order.
• Often if a child is already in private school, the parties can reach an agreement to keep the existing accommodations in place so the child is not disrupted.

Will Spousal Maintenance Support My Current Lifestyle?

• That depends on your lifestyle. Texas family law courts only order post-divorce spousal maintenance in very specific circumstances. Absent domestic violence or other specific issues, the marriage must have lasted at least ten years. The length of support obligation post-divorce is typically capped depending on the length of marriage. The amount of spousal maintenance to be paid is also capped, at $5000.00 per month or 20% of the paying spouse’s gross monthly income, whichever is less.
• The purpose of post-divorce maintenance is to ensure that a divorcing spouse’s reasonable and necessary needs are being covered while they get back on their feet. This does not mean your ex-husband will foot the bill for frivolous vacations, designer clothes, or spa treatments.

How Much Can a Divorce Financially Impact Affluent Women?

• The issues remain the same regardless of who the breadwinner in the family is. There are going to be questions regarding spousal support, child support, division of property and obligation to pay debts.
• To protect an affluent woman’s assets, it is vital that she consult with a Texas divorce lawyer, before the proceedings have even begun if possible, to establish a litigation game plan.

Will the Kids and I be Able to Stay in the House?

• The answer to this depends on a variety of factors. Is the house community property? If the husband owned the house prior to marriage, the wife and children may be able to stay in it during the pendency of the divorce but it cannot, by operation of law, be awarded to the wife. Does the house have a mortgage and after everything is said and done can the wife continue to pay the mortgage? The answer to these types of questions can affect who the house is awarded to in the property division.
• The bottom line is the courts are looking at protecting the best interests of the children. The preference would be that the children remain in their home where they are comfortable and familiar. But if the house is going through bankruptcy, is the separate property of the husband, or the wife simply cannot afford the mortgage (even with the assets she received from the marriage and with child support/spousal support) then it may not be an option.
• A family law attorney who frequently represents woman can review your marital estate and look at the financials and give you a better understanding of who should be able to keep the marital residence.

Contact Your Divorce Attorney for Women in Houston Today!

The above are just a small representation of the types of questions a woman contemplating a divorce or in the midst of a divorce may have running through her mind. Knowledge of the law and an understanding of how the law works regarding your specific circumstances will give any woman going through a Texas divorce a valuable leg up.