New Braunfels Divorce Attorney

Navigating Divorce with Confidence in New Braunfels

Divorce can be one of the most challenging experiences of anyone's life, especially without the right legal guidance. At Milam & Fanning, PLLC, we understand the emotional and legal complexities involved. Our team provides a supportive environment where you can explore your options, make informed decisions, and fully understand your rights.

We are dedicated to addressing the unique needs of our clients in New Braunfels, offering tailored legal solutions that protect your interests. With our extensive knowledge in family law, we help you tackle issues like asset division, child custody, and spousal support with clarity and precision. Our commitment to client success means our divorce lawyers work diligently to craft strategies that facilitate smoother transitions.

Divorce in Texas requires understanding the nuances of no-fault and fault-based divorces. A no-fault divorce can be pursued on grounds like insupportability, while a fault-based divorce may involve proving issues such as adultery, cruelty, or abandonment. Our legal team is adept at navigating these paths, helping clients choose the best course of action to fit their circumstances.

Speak with a compassionate and knowledgeable New Braunfels divorce lawyer today. Call (254) 237-5602 or contact us online to schedule your free legal consultation and get clarity on your next steps.

Contested vs. Uncontested Divorce in New Braunfels

An uncontested divorce occurs when both spouses agree on all major issues. These cases are generally faster and less expensive. On the other hand, a contested divorce arises when the parties disagree on one or more key issues, such as property division, child custody, or support. Contested divorces may require court hearings and even trial.

Whether you are pursuing a collaborative solution or preparing for a contested hearing, working with a seasoned New Braunfels divorce attorney ensures your voice is heard and your interests are represented.

Grounds for Divorce in Texas

Texas offers both no-fault and fault-based grounds for divorce.

No-Fault Divorce

Most commonly, divorcing spouses cite “insupportability” as the reason for the dissolution of the marriage. This means the relationship has become insupportable due to discord or conflict that destroys the legitimate ends of the marital relationship.

Fault-Based Divorce

In certain cases, one spouse may claim that the other’s misconduct caused the breakdown of the marriage. Fault-based grounds include:

• Adultery
• Cruelty
• Abandonment (for at least one year)
• Felony conviction and imprisonment for over one year
• Confinement in a mental hospital

The Divorce Process in Texas

The divorce process generally begins when one spouse files an Original Petition for Divorce in the district court. Key steps include:

1. Filing and Serving the Petition: One spouse formally initiates the divorce. The other spouse is served with legal notice of the proceedings.
2. Temporary Orders: The court may issue temporary orders to govern finances, child custody, and living arrangements while the case is pending.
3. Discovery: Both parties exchange financial and personal information to ensure transparency.
4. Negotiation or Mediation: Many couples resolve their issues outside of court through informal negotiations or mediation.
5. Trial: If a settlement is not possible, the case proceeds to trial, and a judge makes the final decisions.

A skilled New Braunfels divorce lawyer will guide you through each stage and advocate for your goals, whether in settlement or litigation.

Challenges & Considerations in Local Divorce Cases

Divorce proceedings in New Braunfels can present unique challenges that require a nuanced approach. Local economic conditions, community ties, and family dynamics all play a part in how a divorce unfolds. At Milam & Fanning, PLLC, we recognize these factors and craft legal strategies that account for all possible influences on your case.

Our extensive experience in the region means we understand the common hurdles clients face, and we proactively address them, offering guidance on potential roadblocks such as:

Property Division

Texas is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned and subject to division. However, the law requires that property be divided equitably, not necessarily equally. The court considers several factors, including each spouse’s earning potential, the length of the marriage, fault in the breakup, and contributions to the marriage (financial and non-financial).

Child Custody and Visitation

For parents, child custody is often the most emotionally charged aspect of a divorce. In Texas, custody is referred to as conservatorship, which may be Joint Managing Conservatorship (JMC) or Sole Managing Conservatorship (SMC). The court always prioritizes the best interests of the child.

Child Support

Texas requires noncustodial parents to pay child support according to statutory guidelines. The amount is typically calculated as a percentage of the paying parent’s net income and is influenced by the number of children, the financial needs of the child, and any special medical or educational expenses. If one parent is voluntarily unemployed or underemployed, the court may impute income to ensure a fair support order.

Spousal Maintenance (Alimony)

Spousal maintenance—often referred to as alimony—is not guaranteed in Texas. The court may award maintenance only under specific circumstances, such as if the marriage lasted at least 10 years and one spouse lacks the ability to provide for their minimum reasonable needs, if one spouse has a physical or mental disability, or if there was family violence within two years of the divorce filing.

Collaborative Solutions & Mediation Support

At Milam & Fanning, PLLC, we encourage collaborative solutions that minimize conflict and prioritize mutual agreement. Our team is skilled in mediation, helping couples reach settlements that are beneficial for both parties. Mediation not only reduces legal costs but also speeds up the resolution process, allowing families to move forward more quickly.

We provide support throughout the mediation process, ensuring that all agreements comply with legal standards and protect your interests. Our goal is to facilitate a respectful dialogue that results in positive outcomes for everyone involved.

The benefits of mediation extend to maintaining cooperative relations post-divorce, important for co-parenting scenarios. We emphasize constructive conversations that preserve relationships, advising on communication techniques and setting realistic expectations.

Why Choose a Divorce Lawyer in New Braunfels from Milam & Fanning, PLLC

Choosing the right legal partner is essential during a divorce. At Milam & Fanning, PLLC, we provide the strategic advantages of a large firm while maintaining the close-knit service of a smaller practice. Our reputation for delivering favorable results in family law is complemented by our focus on individualized attention, ensuring each client feels heard and supported throughout their divorce proceedings.

Some reasons clients choose us include:

• Personalized Service: We adapt our strategies to fit the unique dynamics of your case.
• Comprehensive Resources: Access to significant resources means we're well-prepared for every potential challenge.
• Clear Communication: Our commitment to transparency ensures you understand every step of the process.

We also pride ourselves on our efficiency and effectiveness in managing paperwork and court documents, minimizing stress for our clients. Our firm is proactive in keeping you informed of legal changes that could impact your cases, allowing you to navigate the divorce with the utmost confidence and control.

Schedule Your Consultation with a Trusted Divorce Attorney

Taking the step to seek legal guidance is a crucial decision in the divorce process. At Milam & Fanning, PLLC, we offer a professional and compassionate approach that supports you every step of the way. 

Our divorce lawyers in New Braunfels are here to provide detailed information, answer your questions, and develop a personalized strategy that aligns with your goals. Whether you are just beginning to consider divorce or need representation through complex proceedings, we are ready to assist.

Contact us today at (254) 237-5602 to schedule your free consultation. Let us provide the legal support you need to move forward with confidence, knowing that your interests are well-protected.