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Family Law Lawyer Divorce Law Firm
Houston Texas
At Family Law and Divorce Law Firm John K. Grubb & Associates, we understand that a divorce is one of the most stressful and traumatic events in your life. While divorce can be a long drawn-out process, our experience can prevent the “messiness” often associated with the legal procedure. Many times, our family law firm can help people come to common terms and prevent a court from deciding custody or property division. We can help with the following:
Grounds for divorce
While most divorces can be granted on the grounds of “discord or conflict of personalities”, in a few cases, it may be appropriate to allege other grounds such as cruelty, adultery, abandonment, living apart, etc. Occasionally, a spouse will say, "I am not going to give you a divorce." John K. Grubb and Associates will make sure you are going to get a divorce if you want it, regardless of what your spouse wants.
Property Division
If you and your spouse enter into a written property division, the Courts will almost always approve the agreement. The settlement agreement must include all assets (house, cars, stocks, bonds, retirement, etc.), and liabilities (mortgages, loans, credit cards, taxes, etc.). If the parties cannot agree on a division of property, then the Court will divide the parties' community property "in a manner the Court deems just and right, having due regard for the rights of each party and any children of the marriage." Please note that contrary to popular impression, the Court is not required to divide community property 50%/50%. Some of the factors the Court may consider in dividing community property are disparity of income, education and training, health, age, fault in breakup of marriage, nature of property, custody of children, and the parties' capabilities. There is no way to tell how the Court will divide the community property --- it is a gamble. This is why you can trust that John K. Grubb and Associates will help you tip the scales in your direction and make sure you get a fair division of your rightful property.
Alimony
Texas has adopted "rehabilitation alimony." Generally, alimony may be awarded to a spouse if the marriage was of at least 10 years duration and the spouse who is seeking alimony lacks sufficient property to provide for their minimum reasonable needs and:
- is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
- is the custodian of a child with a physical or mental disability that precludes employment outside the home; or
- clearly lacks earning ability in the labor market to provide for their minimum reasonable needs.
If you or your spouse is seeking alimony, let us help explain the requirements and make sure you qualify for the financial support you are seeking.
Child Custody
When children are involved in a divorce settlement, the situation can easily get out of control if not managed properly. If you and your spouse can agree on custody, the Court will almost always approve your written agreement. If you and your spouse cannot work out an agreement, the Court will decide custody. A custody battle is extremely expensive and destructive. John K. Grubb and Associates is dedicated to settling custody disputes in the most efficient and least destructive means possible.
Child Support
When child custody is being decided, it is also necessary to discuss child support. The State of Texas has established guidelines to determine child support based upon the parent's net resources. The definition of net resources is quite long --- for most people, it means all wage and salary income and other compensation for personal services, interest, dividends, royalty income, self-employment income and net rental income, less social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction. We have experience in calculating this figure and presenting it to the Court in a manner that will produce the best possible results.
Visitation
The Texas Legislature has considered the importance of parental involvement in child development and established minimum imitation schedules for Texas. While not all families are the same, visitation hours are by no means uniformly set. We will make sure visitation is set in a fair manner best for all parties involved.
Family Violence
All too frequently, divorcing couples have had a long history of inflicting physical harm or bodily injury upon one or both of the parties. The Courts will not tolerate any family violence. The Court can enter a protective order that prohibits one person from committing family violence against another. The protective order usually goes so far as to prohibit one person from even going near the other person's residence or place of employment. A copy of the protective order is given to the police. Trust John K. Grubb and Associates to make sure your family is safe through all legal means available.
Premarital and Marital Property Agreements
Anytime prospective spouses have substantial assets, children from other marriages, partnership or business agreements, or other assets, it might be suitable for the partners to enter into a Premarital Agreement defining the respective rights and obligations of each party. Texas Courts have taken the position in recent years that they will uphold the enforcement of any marital agreements and there are very few exceptions where a party can avoid the effects of a premarital agreement. As a practical matter in preparing a premarital agreement it is necessary that each party to the agreement have their own attorney.
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