Aledo Divorce Attorney
Fighting for a Fair Divorce Settlement or Court Outcome
Divorce in Texas comes in all types: amicable, contentious, contested, and uncontested. Our accomplished attorneys have helped clients end their marriages and begin their newly single lives on solid ground.
The best time to speak to a divorce lawyer is before you file. We can help you understand the applicable laws and your rights based on the unique circumstances of your case.
Contested vs. Uncontested Divorce
The simplest way to define a contested divorce is when the spouses do not agree on the terms of the divorce. There is a dispute that must be resolved. Some couples disagree on only one issue (like property division) while other couples do not agree on anything.
In an uncontested divorce, the spouses agree on all divorce matters. This divorce is typically less expensive and time-consuming than a contested divorce.
Our Aledo divorce attorneys provide thoughtful and targeted legal counsel whether at the negotiation table or battling it out in divorce court.
Some spouses might not agree about the details of their divorce, but they do not want a protracted and heated court fight. Collaborative divorce might be the answer.
Collaborative divorce is a specific type of negotiation between the divorcing spouses and their respective attorneys. Our team has specific training in how to handle this type of divorce.
Unlike mediation, collaborative divorce requires both parties to sign a commitment to avoid divorce court. Unlike a trial where spouses are subject to the court docket, the attorneys and spouses drive the schedule in a collaborative divorce. The process typically involves four to six in-person meetings arranged at mutually agreeable times. In addition to the attorneys, other professionals like business valuators or mental health providers might participate.
One or all divorce terms can be resolved through the collaborative process.
Texas is a community property state where each spouse walks away with half of all assets/property accumulated in the marriage. This 50/50 division might seem simple enough, but property division is typically one of the more complex parts of any divorce. The longer the marriage or the higher the net worth, the more complicated the asset allocation.
Couples may disagree on what property should be designated as part of the marital estate and what should be categorized as separate property. In addition to this common dispute, negotiated divorce settlements in Aledo rarely treat property division in a vacuum. Child support, spousal maintenance, and other issues are entwined with property division decisions.
We consider all divorce elements to draft creative and workable solutions for our clients.
During a separation or divorce action, some spouses may need temporary orders to be in effect during the process. Provisional orders can include custody, child support, spousal support, use of the marital home, vehicle rights, and continuation of health insurance.
Our team can also seek injunctions to protect assets. Restraining orders can restrict the conduct and whereabouts of potentially dangerous spouses.
Texas law refers to child custody as conservatorship. Joint managing conservatorship is equivalent to joint custody. Sole managing conservatorship is the same as sole custody. Except in extreme circumstances, Texas adheres to the philosophy that a child benefits from having a relationship with both parents. Even if one parent is granted sole conservatorship, the other parent is typically provided access and time with their child.
Our family law attorneys understand sensitive issues that lead one parent to seek sole conservatorship or only allow supervised access by the other parent. We also negotiate parenting time schedules that are fair to all and prioritize the best interests of the child.
Both parents are expected to financially support the needs of their children until the age of 18, or they graduate high school, whichever occurs later. The amount of child support is based on the noncustodial parent’s income and the number of children needing support. The net income is after deductions are taken out. These deductions include Social Security taxes, mandatory union dues, required health insurance premiums for the child, and child support from previous relationships.
Like other aspects of divorce, the details of child support are not as cut and dry as they seem. We notice red flags that point to possible concealment of income to reduce child support obligations. We also create compelling arguments to persuade a judge to deviate from the standard calculation.
Some clients need additional child support. Others want to ensure that their child support obligations are not overly burdensome. Either way, we are here to fight on your behalf.
Alimony (monetary payments made by one spouse to the other) can be included in negotiated divorce settlements. This monthly or lump-sum payment has no cap or duration limitations as it is agreed to by both parties. Any default is enforceable under contract law.
Spousal maintenance is awarded by a judge in accordance with Texas Family Code. The purpose of maintenance is to help a former spouse meet their minimum reasonable needs after a divorce. The need for support can be due to an illness or disability that limits their ability to work. In other cases, the spouse may have left the workforce to care for the family. Now that they are divorced, they will need to return to school or complete training to improve their employability.
If you need a strong advocate during negotiations or a detailed explanation of your need in court, we can help.
Skilled Legal Counsel for All Aspects of Your Aledo Divorce
The decision to end a marriage is one of the most difficult decisions anyone makes. That initial decision will lead to many more. At the Law Offices of Mark M. Childress, PLLC, our team will ensure that you know all your rights and obligations under Texas law. We will listen to your needs, fears, and concerns. Your goals underpin our approach and strategy to your divorce case.
Divorce is not a DIY project. Contact us online or call (817) 497-8148 to schedule a consultation.
My questions were heard and answered without having to ask twice.
“Value a capable team with experienced staff. For the past 9 months, the folks at the Law Offices of Mark Childress handled my case with class and empathy. My questions were heard and answered without having to ask twice. I felt like I was kept in the loop and always briefed properly. As I move forward with other ventures I wouldn't be surprised if we crossed paths again. And hats off to Konner, THANK YOU!”
Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client.
“I needed an attorney who would stand up for me and my child during a very hard time. Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client. He was very knowledgeable not only about the law but about the opposing attorney and the judge. He prepared me well and we won our case. I would recommend Mark Childress to anyone who is fighting for custody or in need of child support.”
I highly recommend him and his staff. They are courteous, prompt and they care.
“I called in inquiring about a divorce and how it all happens. I had 2 people call me back within an hour and in an hour maybe 2 I was talking with the lawyer. I highly recommend him and his staff. They are courteous, prompt and they care. Divorce is the hardest thing we will go through minus losing a kid and his team will be retained. He even called me back himself the next day to see how I was. Great service.”
This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years.
“This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years. He had my case figured out in 1short conversation and had what he called "a convoluted mess" fixed. I'm pretty sure my ex felt like he'd been hit by a bus. My family is finally in tact and everyone is finally happy.”
Direct Access To Your Attorney
Our Attorneys personally handle each case themselves. You will have direct access to your attorney to be able to get the answers that you need.
TransparencyHonesty and transparency are critical in building trust with your attorney. You will always know what is going on with your case every step of the way.
At our firm you're not just a case number, our staff will always know the status of your case and help to make your situation more manageable.
Personalized ApproachOur team understands that no two cases are the same. Your strategy will be tailored specifically to you and your family's goals.