Property Division

A marriage has assets, and those assets are finite. That makes divorce a zero-sum game, and chances are, you and your spouse will have different definitions of what that the division of those assets should look like. 

As attorneys, our goal is simple: We want you to be able to live apart as comfortably as possible under the law, and we are equipped to negotiate the best possible deal for our clients. That means fighting hard, and that’s what we do. It’s what we’re here for. 

We start with the discovery process. Every piece of property is listed, real or otherwise, top to bottom. If it belongs to you or your spouse, it’s on the table. Then, once the assets of a marriage are established, we start determining what belongs to who. This is called characterization of property. 

By and large, property is presumed to be jointly owned, but sometimes, a spouse can have property that is truly separate. Specific statutes govern that scenario, and any such claim must be supported with hard evidence. As your attorney, we can help you weigh those options. 

Debts must also be accounted for. If you took on a debt before getting married — student loan debt is a frequent example of this — that debt is generally considered separate. But once you’re married, new debts are more likely to be considered joint, unless there is evidence to the contrary.

Spousal Support

When the ink dries on a divorce, spouses can have vastly different financial prospects. But both parties still have bills to pay. Sometimes, one spouse needs monetary assistance to stay afloat, and the other, at least on paper, can afford to help. In those cases, courts can institute mandatory alimony payments, known in Texas law as “maintenance.” 

The criteria for determining that eligibility is stiff. Even in cases when assistance is awarded, the payments are intended to offset needs rather than wants. So, forget about shopping sprees and season tickets. 

In considering a request for maintenance, the court will weigh a wide range of factors, such as a spouse’s education, contributions to the marriage, instances of violence and more.

Child Custody

Divorce isn’t just painful for spouses. Children are often at the mercy of what comes next. For many of them, their support system is breaking down for reasons they aren’t yet old enough to understand. But kids still need support in this trying time and thereafter. 

The most critical work we do in a divorce frequently pertains to custody, and parents can differ on what it means to them. For some, custody is about who the child lives with. Others want autonomy in family matters. The court, however, determines custody on one factor: the best interest of the child. 

In other words, it comes down to a judgment call. This is why it’s crucial to have competent legal counsel craft a compelling argument on your behalf. Judges use their own personal criteria for deciding who to grant custody to. That means knowledge of judges and their thought processes is invaluable, and that’s where we at Proffitt & Associates thrive.

Visitation Orders and Enforcement

A child benefits greatly from having two committed parents in its life, even in divorce. So, when a court awards custody to one parent, the other still has parental rights that can be enforced with a court order. 

Unless a parent gives a court reason to believe the child is in danger, they are likely to retain the right to visitation, known in Texas as a “period of possession.” The court determines when these periods will be, depending on what is in the best interest of the child. 

If a custodial parent denies visitation without legal cause, the other parent can be held accountable by the court. Visitation is not to be confused with legal custody.

Child Support

Once a divorce is filed, all parents have a duty to support your children under Texas law, regardless of whether you have custodial or visitation rights. 

The court considers your net income and how many children you have when deciding how much child support you should pay or receive. Once a support order is issued, parents must follow through with payments until the child turns 18, or graduates from high school, whichever occurs latest, even if a custodial parent or guardian doesn’t respect your visitation rights. Failure to pay child support could land a parent in jail for contempt of court. 

However, just because a court order is on the books does not mean it has to stay that way. If your financial situation changes, you can request a hearing with a court to potentially modify the order. A skilled attorney can walk you through that process.