Skilled Guidance Throughout Your Divorce
The divorce process can be complicated and put tremendous strain on an entire family – emotionally, physically and financially. With the involvement of an experienced lawyer, you can gain peace of mind knowing that the legal aspects will be handled properly, so you can focus on personal issues.
Trust your divorce to Allison Strauss, Attorney at Law, PLLC. Allison is committed to helping people reach resolutions that they wouldn’t otherwise achieve without good legal representation. This includes matters pertaining to custody arrangements, the division of property, child support and alimony.
Resolving Property Division And Custody Matters
During a divorce, the primary issues tend to be how to divide property and what happens regarding the care of the children.
While Texas is a community property state, property is not always divided 50/50. With accounting and finance degrees and a background in tax law, Allison can help you work through even the most difficult property division issues. She knows how to identify and value property and will work toward obtaining a resolution that is in your best interests.
In all custody matters, Allison makes sure that children are emotionally and physically supported regardless of what is happening with their parents. In many cases, Allison can help reach custody agreements through mediation – which is the best method if children are involved. She is also prepared to advocate for a fair custody arrangement in court.
Other Family Law Cases Handled
With 20 years of legal experience, Allison takes pride in finding solutions that truly fit each client’s unique situation. Her comprehensive family law services extend to several important areas:
- Custody order enforcement: When a parent fails to follow court-ordered custody and visitation arrangements, Allison stands ready to take action.
- Updating divorce agreements: Allison helps modify existing court orders when significant life changes affect your circumstances.
- Obtaining temporary restraining orders: When you and your family’s safety are under threat, Allison is here to step in to advocate for your rights and well-being.
- Adoption: Allison guides families through the legal process of welcoming a new child into their home permanently.
Whether you need help with divorce or any other family law issue, Allison can provide the thoughtful guidance and strong representation you deserve.
Frequently Asked Questions About Divorce
Given the complexities of divorce, it is understandable that questions may arise. 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 long does a divorce take in Texas?
The length of a Texas divorce depends on the facts of the case and how much the spouses agree on. Texas law generally requires a 60-day waiting period after one spouse files the divorce petition. In most cases, the judge cannot finalize the divorce before that waiting period ends.
An agreed divorce may move faster after the waiting period. Still, both spouses must settle the main issues first. These issues may include property, debt, custody, visitation, child support and alimony. If the spouses disagree on these terms, the case may take several months or longer.
Some issues can add more time to the process. These may include the following:
- Business ownership
- Retirement accounts
- Real estate
- Disputed property values
- Hidden assets
Court schedules, document review, settlement talks and mediation can also affect the timeline. Allison can explain what may affect your case and help you understand the next steps.
Can a divorce be finalized without going to court?
Many spouses finish a divorce without a trial. This usually happens when both sides reach an agreement on the main issues. Negotiation, divorce mediation and settlement talks can help spouses work through property, support and custody disputes without a long court fight.
Even when both spouses agree, the court still plays a role. A judge must review and approve the final divorce decree before the divorce becomes final. Depending on the county, the judge may also require a short hearing before signing the final order.
Avoiding trial can help some families lower conflict and keep more control over the final terms. However, it may not fit every case. If one spouse hides assets, refuses to negotiate or creates safety concerns, court action may make more sense.
Does adultery affect divorce proceedings in Texas?
Texas allows divorce based on adultery. Many spouses still file for divorce without blaming either side, but adultery may matter in some cases. Its effect depends on the facts and the proof available.
Adultery does not automatically decide custody, support or property division. The judge looks at the whole situation. If one spouse spent community money on an affair, the judge may consider that spending when dividing property. This may include gifts, travel or other expenses tied to the affair.
Texas courts divide community property in a way that the judge finds just and right. That does not always mean a 50/50 split. Allison can review the facts and explain whether adultery may affect your divorce strategy.
Trusted Divorce Guidance Is A Call Away
For help with a divorce in Kingsville, Corpus Christi or the surrounding area of South Texas, contact Allison Strauss. Call 361-516-0034 or send an online message using the form on this website.
