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How a Lawyer Can Help With a Complex Divorce
When you know that a divorce is going to be especially painful or complicated, you may dread the prospect of starting the legal proceedings. You might have real concerns about who your child will stay with, how your property will be divided, or whether your spouse will honor the judge’s order. When the horizon looks stormy, a Texas family law attorney can help you through a complex divorce.
At Powers Kerr & Rashidi, PLLC, we can provide you with representation and legal advice for the most troublesome issues of your divorce. We will do everything we can to make sure your divorce goes smoothly, acting as skilled negotiators on your behalf.
Custody Disputes
If you and your spouse cannot agree on a child custody arrangement outside of court, you may have no choice but to turn to litigation. For instance, you may struggle to find common ground on who gets a majority of parenting time, or who gets to make important decisions on your child’s behalf. In more extreme cases, you might wish to petition for sole custody if you believe that your spouse is an unfit parent.
How Are Assets Uncovered in Texas Divorces?
Dividing up your marital estate can feel like an impossibly complicated task. One of the main purposes of the discovery process is to give both parties a full understanding of their total assets. When done correctly, discovery can let you negotiate for a more favorable share of assets or spousal support. If the process is rushed, you could be deprived of significant assets in your marital estate.
At Powers Kerr & Rashidi, PLLC, our Texas divorce lawyers can guide you through the discovery process to get a complete picture of your marital estate. We can also answer questions from your spouse’s lawyer about any assets you may own. As board-certified family law attorneys, we are ready and qualified to handle your concerns in a complex divorce.
Interrogatories
Interrogatories are a direct way of getting answers from your partner about his or her assets. In this discovery method, you can send your partner up to 25 written questions about anything pertaining to your case. For instance, you might ask:
The Advantages of Settling Your Divorce Outside of Court
If your marriage has run its course, you and your spouse will have to decide how you want to end things. In many cases, you may be better off reaching an agreement outside of court instead of litigation. With the help of a Texas divorce lawyer, you and your spouse can negotiate for a favorable settlement without the court’s involvement.
At Powers Kerr & Rashidi, PLLC, we are board-certified in family law, fully qualified to represent the concerns of our clients in divorce-related issues. We will do everything we can to help your divorce go smoothly, standing up for your rights while avoiding unnecessary conflict whenever possible.
Flexibility
When a divorce goes to court, you are essentially trusting the judge – a total stranger – to make decisions about important issues like property division or child custody. By negotiating outside of court, you can decide on these issues for yourself. You will almost certainly have to compromise with your spouse, but overall, this can be much less stressful than hoping a judge will rule in your favor.
Elements of Successful Property Litigation
Not all divorces go smoothly, especially when there is contested property between you and your spouse. When all other methods of dispute resolution fail, you may have no choice but to turn to courtroom litigation as a last resort. A Texas divorce lawyer can be your best advocate throughout this tumultuous process, standing up for your interests in front of a judge.
At Powers Kerr & Rashidi, PLLC, we have years of experience handling complex property disputes on behalf of our clients. When you work with our firm, we will take the time to understand your goals so that we can be better advocates for you.
Get a Full Appraisal
Regardless of how big or small your marital estate is, getting a full estimate of your assets is the first step in the property division process. This requires uncovering all of your properties, including real estate, bank accounts, businesses, retirement accounts, and more. You will also have to distinguish between marital property and separate property to determine what is yours alone.
Three Adoption Requirements You May Not Know About
Adopting a child is a serious undertaking. Whether you are adopting from an agency or from a relative, the state of Texas asks a lot from prospective parents. If you are not adequately prepared, you could be caught flat-footed by the state’s stringent requirements during a very sensitive time. A Texas family law attorney can advise you on what to expect to help your adoption go smoothly.
At Powers Kerr & Rashidi, PLLC, our attorneys are board-certified in family law and experienced at handling complex cases. We will do everything we can to facilitate the adoption process, providing you with representation and counsel the whole way through.
If you are considering adoption, you should familiarize yourself with the state’s adoption requirements. Our lawyers can make sure you have what you need and advocate for your rights when necessary.
Tips For Handling a Child Custody Dispute
Not every divorce is a clean split. When loaded, emotionally charged issues come up between spouses, a dispute can bring negotiations to a halt. Fewer issues are more emotionally charged than child custody. If you and your spouse cannot reach an agreement about who the child should live with or who gets decision-making responsibility, you may have no choice but to settle the matter in court.
A Texas family law attorney can represent you in a custody battle, keeping the child’s best interests at heart while advocating for your rights. At Powers Kerr & Rashidi, PLLC, we provide personalized legal services for people going through difficult divorces, pursuing effective solutions to complex problems.
Avoid Social Media
While your divorce is still pending, you should try to avoid sharing anything about your personal life on the internet. If your spouse is determined to make you out to be a bad parent, anything you post could be turned against you. For instance, if you share a photo of a night out with your friends, a small detail in the picture like a glass of wine could lend itself to uncharitable interpretations.
Protections You Can Get in a Restraining Order
If you have been targeted by family violence, a protective order can provide you with necessary relief. A judge can grant a temporary restraining order based solely on your testimony. However, if you want long-term protection from your abuser, you will have to attend a court hearing and present evidence to support your case.
During this sensitive time, a Texas family law attorney can provide you with legal guidance and advocacy. At Powers Kerr & Rashidi, PLLC, we have over four decades of experience in issues of family law, including protective orders. When you work with us, we will do everything in our power to shield you from domestic violence.
Prohibiting Contact and Communication
If a judge grants a protective order, your abuser will be prohibited from threatening or harassing you or other persons protected in the order. Depending on the judge’s decision, your abuser could be barred from making any contact at all without an attorney.
Tips For Long-Distance Parenting After a Divorce
A long-distance move can drastically alter a family dynamic after a divorce. Maybe your former spouse relocated with your child to another state. Maybe you seized an opportunity and got a job far from home. Whatever the case, you may find that it is much harder to maintain a close relationship with your child when you are separated by dozens, if not hundreds of miles.
That being said, you can still be there for your child even if you are not "there," strictly speaking. A Texas family law attorney at Powers Kerr & Rashidi, PLLC can help you figure out a new arrangement for custody that promotes a bond between you and your child over a long distance.
Make Frequent Contact
Staying in touch with your child sounds simple enough, but it can be complicated by external factors like time zones and work/school schedules. Setting aside just a little time per day or week to call and check in with your child can make a big difference. If your child is old enough to have a cell phone, you might have an easier time than trying to contact your child through your co-parent.
When Can I Get Sole Custody in Texas?
In Texas, the courts prefer that both parents remain involved in a child’s life after a divorce. However, there are some cases when a joint custody agreement is not advisable or healthy. If you fear that your spouse poses an imminent danger to your child, you may have to aggressively petition for sole custody.
This goes beyond not liking your spouse or a personal grudge. To get approved for sole custody, you must demonstrate to a judge that your child is not safe with the other parent. A Texas child custody lawyer can advocate for your child’s best interests. At Powers Kerr & Rashidi, PLLC, our board-certified family law attorneys are prepared to take on your case, working with you to reach an optimal resolution.
Abuse and Cruelty
If your spouse has a prior history of physical abuse, the courts may consider granting you sole custody. The violence does not need to be directed at your child – any incidents of domestic abuse directed toward you or the child’s siblings may factor into the court’s decision. Your spouse could also be denied custody if he or she has physically abused a minor within the past two years, even if the victim did not belong to your family.
Is Getting a Fault-Based Divorce Worth It in Texas?
Texas recognizes grounds for fault-based divorce, which means that you can hold your spouse legally responsible for the collapse of a marriage in court. Naming your ex at fault for a divorce can give you leverage, but it is not a route you should pursue without first considering your other options.
If you are thinking about taking your partner to court in a fault-based divorce, an Austin, TX family law attorney can provide you with legal advice and strong representation from beginning to end of the process. At Powers Kerr & Rashidi, PLLC, our lawyers have extensive experience litigating complex divorces, protecting our clients’ best interests through skilled advocacy.
The Length of a Fault-Based Divorce
Before you file for a fault divorce in Texas, you should take the length of the legal proceedings into account, and whether or not you are comfortable with a longer divorce. Compared to a no-fault divorce, fault divorces tend to last much longer due to the highly argumentative process.
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