Family Law

Marriage is not always a bed of roses and unfortunately the best option for many unhappy couples is to dissolve the marriage and go their separate ways. Texas, however, does not recognize legal separation. In Texas, once two people are married, either by formal ceremony or by common law, they must have the marriage dissolved by a judicial Divorce proceeding.

Many couples decide to separate and skip the expense of a divorce. This can have serious consequences. For instance, Texas is a community property state. Each spouse owns 50% of any earnings of the other spouse that were earned during the marriage. Also any property purchased during the marriage is also 50% owned by each spouse, regardless of whose name the property is listed in.

A separated spouse can also be held liable for debt that they did not incur nor contribute in building. In Texas, both spouses are equally responsible for the debt created by the other spouse, with only a few statutory exceptions.

Choosing to skip divorce and remain separated can have long lasting negative financial results on loved ones. A child’s inheritance can be greatly affected if one spouse has additional children and dies without a Will.

Children and their well being further complicate divorce. Child support and child custody are often highly contested issues among the parties and a qualified attorney is a must to protect your and your child’s interests.

After the divorce is final, legal issues of enforcement of child support and visitation rights often arise. David has the knowledge and experience needed to help you in both of these areas, and can aggressively present your case to the courts to request enforcement of previous court orders.

Courts often order mediation, before a divorce trial can proceed, and mediation is often key to resolving disagreements, which results in cost savings to both parties.

David is a certified Family Law mediator and can aid parties in reaching common ground, concerning issues like property division, child support, child parenting plans, and child visitation.

Do not take separation lightly. If a divorce is probable, let our team represent your interest.

Please contact Law Offices Of David R. Caraway, PLLC today to schedule a free initial consultation at (855) 888-2023 to discuss your case and how we can legally represent your interest.

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