Frequently Asked Questions About Family Law

Given the complexities of family law, it is understandable that questions may arise. This family law FAQ answers some of those questions. Contact Allison Strauss, Attorney At Law, PLLC, to help address questions pertaining to your individual situation.

Do I need a lawyer if I have an uncontested divorce?

In general, it is a wise idea to hire an attorney during an uncontested divorce to ensure that the process is completed effectively. Typically, only one spouse needs to find legal counsel to assist with the preparation and filing of divorce documents. Once the final decree is prepared, both spouses need to sign the waiver and finalize the divorce. If questions or issues arise, the other spouse may need to seek legal counsel as well, as one attorney cannot represent both parties.

How is property divided in a divorce?

In Texas, property is designated as community property or separate property. During property division, the first step is determining what category each asset falls into and then calculating the value of shared community property. The community property is then divided in a fair manner. This can be a 50/50 split, but circumstances do not always make that possible. The goal during divorce proceedings is to establish a fair and equitable split, taking several factors into account.

How do the courts determine child custody arrangements?

Custody is always determined based on what is in the best interests of the children. In most circumstances, this means regular contact with both parents. This can result in shared physical custody or one parent having sole custody and the other having a set visitation schedule. The specifics of these arrangements can be determined based on what works best for your family.

Are there any exceptions to typical child support calculations?

Child support is typically determined by factoring each parent's income and custody time. Ultimately, support should take into account the particular needs of the children. Exceptions to typical calculations can be related to disability, medical needs, educational considerations and extracurricular activities.

What is family law mediation?

Mediation allows parties to resolve family law issues outside of the court process. This gives involved parties more control over the outcome and provides for flexibility in determining property division in a divorce, custody arrangements and other matters. It also can be a much less stressful option for everyone involved, especially children. In many situations, it will also take less time and cost less in legal fees.

What areas does Allison Strauss, Attorney At Law, PLLC serve?

Experienced attorney and certified mediator Allison Strauss represents clients throughout South Texas, including Kingsville, Corpus Christi, Bishop and Driscoll, as well as the surrounding areas of Kleberg and Nueces counties.