The Woodlands Divorce Litigation Lawyer

Divorce Litigation Attorney In The Woodlands, TX

There is no way around it: Divorce can be complicated. When couples cannot reach agreements on various topics of their divorce, such as child support, alimony, or property division, a courtroom may become your only viable option in order to reach a resolution. When such is the case, our The Woodlands divorce litigation lawyer team can prove essential. There are several reasons to litigate a divorce, and facing a judge may be necessary to protect your interests.

At the Walke-Wilson Firm, our team of dedicated family law litigation lawyers has over 35 years of experience fighting for our clients in The Woodlands and the surrounding areas. Resolving difficult child custody or alimony disputes in a courtroom may not be your first choice, but in some cases, it may be your only choice. When this applies to your case, the team at the Walke-Wilson Firm is ready to pursue litigation with skill and diligence.

If your divorce is highly contentious, carries high-valued assets, or involves a tense custody dispute, the intervention of a Texas family court judge may be necessary. At the Walke-Wilson Firm, our main priority is to secure for our clients the most favorable outcome possible in their cases. Trust our team to fight for you.

Defining Texas Divorce Litigation

When a couple pursues a divorce in The Woodlands and the surrounding areas but is unable to reach final agreements regarding aspects of their divorce, like property division or child support, court intervention may be called for. In Texas, there are three main reasons why a couple may wish to pursue a litigated divorce:

1. Mediation or attempts at negotiation outside of a courtroom continue to fail.
2. When a divorce involves high-value assets, it is recommended that a court trial commences in cases where a spouse or both spouses refuse to agree on a fair distribution of property.
3. In cases of a missing or contested spouse or other valid and legal reasons, a default judgment may be sought.

When a litigated divorce becomes necessary, couples can be presented with solutions to their disputes as decided by a judge. This judge can rule on issues including:

• Property division. When a couple has spent more time together and built a profile of assets, or for couples who may have been married for a short time period but own a business, the topic of property division can become highly contested. The higher the net worth of a couple, the more likely your property holdings are invested in business ownership, real estate, retirement funds, pensions, and trusts.In these cases, couples may find that they have disagreements regarding who is entitled to what and how the division of assets will go. Texas operates as a community property state, meaning that all marital or shared property will be subject to an equitable division. However, this division will not necessarily be 50/50.
• Child support. One of the most important aspects of a divorce in The Woodlands and the surrounding areas, when minor children are involved, will be how the spouses agree on their financial responsibilities regarding the child. Child support is money that is paid to support a child. These payments can be used to provide the child with clothing, shelter, food, dental and medical care, and education.The overall goal of child support payments is to make sure that the child is receiving the support that is necessary for their needs. Child support is often calculated based on the net resources of the paying parent. However, this calculation can vary based on what the courts believe to be in the best interest of the child. Child support can only be changed by a court order and is not to be altered in cases where one or both of the parents remarry.
• Child custody. One of the most complicated topics in a Texas divorce is that of child custody. It is important to keep in mind that when facing litigation for a child custody case, the judge will make their decision based on what they believe to be in the best interest of the child. These determinations will be based on factors like the desires of the child, the needs of the child, and any danger posed to the child by their parents.In a standard possession order in Texas, if a noncustodial parent lives within 100 miles of their child, they have the right to possession on the first, third, and fifth weekend of every month, on alternating holidays, for Thursday evenings during the school year, and for a summer vacation time of up to 30 days.

  If this noncustodial parent lives farther than 100 miles from their child, their possession schedule may be reduced to one weekend for every month, and the summer break may be extended to 42 days.

• Alimony or spousal support. In Texas, there are certain cases where you or your spouse may qualify for alimony (spousal support). This can be an especially contentious situation, especially when there is a large imbalance between the two spouses.For a party to become eligible for court-ordered alimony in Texas, the individual must lack the ability to provide for their needs and meet certain conditions, including that the party seeking alimony is not able to work due to a mental or physical disability.

  Additionally, the seeking spouse has custody of a child who requires a certain level of care or supervision due to a mental or physical condition. The spouses must have been married for a certain period of time, and therefore, the seeking spouse lacks the capacity to earn enough income to meet their needs.

Speak With an Experienced Divorce Litigation Team Today

When it comes to a litigated divorce, you want trustworthy legal counsel and representation fighting for you. At the Walke-Wilson Firm, our team of dedicated family law litigators is here to provide you with high-quality service, no matter what your divorce entails. From cases involving high-value assets to contested child custody matters, we are here to advocate for your needs above all else. Contact our offices today to ensure your side of the story is voiced in court.