Waco Divorce Lawyers
Guiding Clients Through The Divorce Process in McLennan County, TX
Are you facing complex divorce matters? Our attorneys represent both men and women in divorce-related cases across Lorena, Waco, McLennan County, and beyond. Our family law attorneys have more than 30 years of experience in a wide array of issues ranging from property division to parenting time agreements.
Divorce Matters We Handle
Our seasoned Waco divorce lawyers can assist you with any of the following:
- Marital asset division, including the division of 401(k)s, pensions, real estate, oil and gas interests, and other community property
- Business valuations related to sole proprietorships, professional practices, and family-owned companies
- Parenting plans involving child custody arrangements, visitation schedules, and other concerns
- Spousal maintenance, formerly referred to as alimony payments, for the lesser-earning spouse
It has never been the winning party in a divorce who says having a good attorney didn't matter. In fact, the difference in most divorces is having a voice that tells your story. Don't settle for a "we will work it all out somehow" approach. You will likely be fighting for your children, your property, and perhaps even your dignity. In these situations, aggressive representation is paramount to real success.
Divorce is serious, and the success you see will nearly always be directly related to the effort that goes into the development of your case. Our Waco divorce attorneys take pride in our hard work and diligent preparation. Our approach has resulted in many strong results and satisfied clients over the years.
Grounds For Divorce in Texas
Divorce is a legally-binding process that ends a marriage. In the state of Texas, there are several grounds for obtaining a divorce, which include:
- Cruelty- which is the intentional infliction of physical or mental pain on another spouse;
- Abandonment- when a spouse is left for two years in a row without their consent and without good reason;
- Adultery - including voluntary sexual intercourse with an individual who is married to someone else;
- Living apart - when spouses have been living separately for three or more years and have no intention of reconciliation;
- Mental illness - when one spouse has been diagnosed as being mentally ill at least 3 years prior to filing the divorce;
- Domestic violence - any psychological or medical abuse that has been committed by one spouse against another;
- Felony Conviction - if either spouse has been convicted of a felony offense and has been sentenced to jail for at least 1 year, the other spouse may pursue a divorce.
Is Texas a Community Property State?
One of the greatest fears you may have when contemplating divorce is losing the property you have worked for or not having sufficient assets to move forward after the divorce. This is a common fear for people with varying income levels and net worth. Texas is a community property state, which means that you do not have to fight for your share. There are many ways you could divide the property.
In a community property state, any property you and your spouse acquire during your marriage is deemed a part of the community estate or considered marital property. With limited exceptions, you have a 50% interest in all community property during a divorce proceeding.
What is Included as Marital Property?
Some examples of marital property include:
- 401(k)s and pensions
- Real estate
- Oil and gas interests
- Mortgage and the marital home
- Interest earned through business operations and investments
- Wages that either spouse earned while married
What is Separate Property?
Separate property, on the other hand, includes any item that either spouse owned prior to getting married or any item that a spouse received as a gift or inheritance. In addition, any money that either spouse earned following their separation date is considered separate property and thus is not subject to the state's community property laws.
Texas is one of nine states, along with Puerto Rico, that has established community property laws. These laws are different from states that follow the principle of equitable distribution, where a judge determines what is a fair division. However, even in a community property state, certain factors might warrant the uneven distribution of debt or property. These factors might include marital fault and disparity of the spouses' earning capacities.
- Retirement and Divorce: What's Going To Happen To My Savings?
- Your Spouse is Entitled To Part Of Your 401(k) in a Divorce
- If the House is in My Name, Must I Split it With My Spouse in Divorce?
Contact Milam & Fanning, PLLC, today to get started with our Waco divorce lawyers.
Contact Our Divorce Attorneys in Waco Today
When it comes to your children and your finances, your first meeting with the judge is critical. Many people undervalue the temporary hearing. Our team of Waco divorce attorneys works to establish our clients' cases from the very beginning has led to more success than anything else.