Family Law Litigation
Family Law: Legal Relationships
Family law is the name given to the branch of civil law that covers the legal relationships among family members, including husbands, wives, parents, children, and domestic partners.
Family law relationships encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations, and paternity. I have practiced family law for nearly 20 years, giving me the experience and familiarity with family law necessary to handle all of your family law needs.
Aspects of Divorce
Divorce can be a challenging and emotional process, affecting nearly every aspect of a person’s life. At Wayne Revack Law in Houston, Texas, we provide compassionate, expert guidance through each stage of divorce, ensuring you understand your rights and options every step of the way. Here’s an overview of key areas our firm addresses:
Property Division
Texas is a community property state, meaning that assets acquired during the marriage are typically divided equitably. We work to protect your interests by identifying, valuing, and negotiating the fair division of both assets and debts, including real estate, savings, retirement funds, and investments.
Child Custody and Support
Our primary goal is to prioritize the well-being of your children. Custody arrangements can be complex, involving physical custody (where the child lives) and legal custody (decision-making rights). We advocate for custody terms that serve the best interests of the child and help negotiate fair child support agreements aligned with Texas guidelines.
Spousal Support (Alimony)
In certain situations, spousal support may be awarded to help one spouse maintain financial stability post-divorce. Texas law considers various factors, such as the length of the marriage and each spouse’s earning potential. We provide a realistic assessment of alimony possibilities and advocate for a fair outcome.
Mediation and Collaborative Law
Divorce doesn’t always require a courtroom battle. Our firm encourages alternative dispute resolution methods like mediation and collaborative law to find amicable solutions, reducing both time and costs. We guide clients through these processes, focusing on reaching mutually agreeable terms.
Modifications and Enforcement
Circumstances can change, and existing divorce agreements may need adjustments. Whether it’s child custody, support, or alimony, we assist in securing modifications or enforcing terms if a former spouse is not meeting their obligations.
At Wayne Revack Law, we are dedicated to offering support, clarity, and strong legal advocacy through each facet of the divorce process.
Preparing for Divorce
Preparing for a divorce involves careful planning and organized steps that help protect your rights and position you for a smoother legal process. At Wayne Revack Law, we understand the complex nature of divorce and are here to guide you through each stage. Here are some essential steps to consider when preparing for a divorce:
1. Gather Financial Documents
Collecting financial records early can significantly ease the divorce process. Start by compiling recent bank statements, tax returns, mortgage or lease agreements, retirement account information, pay stubs, and investment portfolios. These documents will help assess your financial standing, which is crucial when determining asset division, alimony, and child support.
2. Establish a Budget
Divorce often changes financial dynamics, so setting a new budget is essential. Take stock of your current monthly expenses and prepare for potential adjustments, especially if transitioning to a single income. An attorney can help identify factors to include in your budget, from child-related expenses to changes in housing costs.
3. Protect Your Credit and Financial Security
Securing your financial future may involve opening individual bank accounts and adjusting any joint accounts as appropriate. It’s also wise to obtain a credit report to check for shared liabilities or credit card balances that may impact the division of debt in the divorce.
4. Consider Living Arrangements
Decide whether you and your spouse will continue to live together during the divorce process or if temporary housing arrangements are necessary. If children are involved, maintaining stability is often recommended, but discuss these options with your attorney to ensure they align with your legal strategy.
5. Evaluate Custody Preferences and Parenting Plans
If you have children, prepare by considering your preferred custody arrangement and developing a potential parenting plan. A well-prepared plan can streamline negotiations, especially when tailored to your children’s unique needs, schedules, and routines.
6. Consult a Family Law Attorney Early
Engaging with an experienced family law attorney, like Wayne Revack, early in the process can help you make informed decisions and avoid missteps. We provide guidance on protecting your rights and minimizing the emotional and financial stress that can accompany a divorce.
By following these steps and working closely with Wayne Revack Law, you’ll be prepared to navigate the divorce process with confidence.
Dividing Property
Child Custody Cases
When parents go through a divorce in Texas, one of the most significant concerns is determining the custody arrangements for their children. Texas family law prioritizes the best interests of the child, and courts generally favor custody arrangements that allow both parents to be actively involved in their child’s life. At Wayne Revack Law, we understand how challenging child custody issues can be, and our experienced legal team is here to help guide you through the process.
Understanding Conservatorship and Possession
In Texas, child custody is legally referred to as “conservatorship.” The two main types are joint managing conservatorship and sole managing conservatorship. Joint managing conservatorship means that both parents share rights and duties, which Texas courts often favor unless there’s a valid reason for one parent to have sole managing conservatorship, such as a history of abuse. We help our clients understand their rights under Texas law and what type of conservatorship might be best suited for their unique circumstances.
Possession and Access
While conservatorship relates to decision-making authority, “possession and access” defines when each parent spends time with the child. Texas courts generally follow the Standard Possession Order, which outlines a schedule for the non-custodial parent to have regular visitation. However, these arrangements can be customized if both parties agree. At Wayne Revack Law, we work closely with you to develop a parenting schedule that minimizes disruption for your children while supporting a stable and nurturing environment.
Modifying Child Custody Orders
Circumstances can change after a divorce, and what worked initially may need to be modified over time. If there is a significant change, such as relocation, changes in the child’s needs, or concerns about the child’s welfare, a custody modification may be necessary. Our attorneys are skilled in helping clients navigate the process of modifying custody orders to reflect the best interests of their children.
Focused on Your Family’s Well-Being
Navigating child custody cases requires both compassion and tenacity. At Wayne Revack Law, we are committed to advocating for your rights as a parent and ensuring your child’s welfare remains the top priority. We strive to reach solutions that honor family bonds while providing a clear path forward during challenging times.
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Divorce can be a challenging process, and many people make mistakes that can affect their financial stability, parental rights, and future well-being. Here are some of the most common mistakes people make during a divorce in Texas, and why it’s crucial to avoid them.
1. Failing to Understand Texas’ Community Property Laws
Texas is a community property state, meaning most assets and debts acquired during the marriage are considered jointly owned. Failing to understand what this entails can lead to unexpected outcomes in asset division. An experienced attorney can help ensure you understand which assets are likely to be divided and how to protect your interests.
2. Not Prioritizing Children’s Needs in Custody Decisions
In Texas, the court prioritizes the best interests of the children when making custody and visitation decisions. Common mistakes include disregarding children’s emotional needs or using them as leverage. Working with an attorney to create a child-centered parenting plan can help avoid these pitfalls and support a healthy environment for the children.
3. Neglecting Financial Planning
Divorce often means adjusting to a new financial reality, and failing to prepare can lead to hardships. Common financial mistakes include underestimating post-divorce living costs, overlooking retirement accounts, and failing to address joint debts. A strategic financial plan, guided by an attorney, can help manage your financial future.
4. Rushing Through the Process
While it can be tempting to finalize the divorce quickly, rushing can lead to oversights in asset division, spousal support arrangements, or custody agreements. Taking time to ensure every detail is reviewed by a skilled attorney can prevent costly mistakes.
5. Ignoring Tax Implications
Divorce settlements have tax consequences, from dividing retirement accounts to paying or receiving spousal support. Failing to understand the tax implications can lead to unexpected tax liabilities. Consult with your attorney to address these potential issues as part of your divorce strategy.
By avoiding these common mistakes and working with a knowledgeable family law attorney, you can navigate the divorce process more smoothly and with greater confidence in securing your future.