Magnolia, TX Divorce Attorney

Finding The Right Lawyer For Your Divorce in Magnolia, TX

Divorce is a complicated and emotionally complex issue for everyone who is involved. In Magnolia, Texas, the divorce laws can be challenging to interpret, and the procedures followed during the legal process can seem overwhelming and tedious. If you are considering getting a divorce in Magnolia, it is essential to have the assistance of a qualified and committed family lawyer who will stop at nothing to obtain the best possible outcome for you. It is critical to understand the legal issues you may encounter during your divorce to ensure you know what the process will entail. When addressing concerns related to property division, child custody, and more, your attorney can provide invaluable guidance.

At The Bihm Firm, PLLC, our skilled and compassionate lawyers are committed to serving the needs of each client who walks through our door. With an outstanding reputation in the legal community, our distinguished firm has the staff and resources needed take to help ensure that you can achieve a favorable outcome in your case.

What You Need to Know About Property Division in Texas

When a married couple decides to divorce in Texas, some of the most complex and contentious issues may be related to property division. Under Texas law, courts seek to ensure a "just and right" division of property - but what does that mean?

Texas follows community property guidelines, which means that any property acquired during the marriage is generally considered to be jointly-owned property that is subject to division in a divorce. This property may include real estate, bank accounts, investments, retirement accounts, and other assets earned, purchased, or received throughout the marriage.

Some exceptions to community property rules include items acquired before the marriage and property received as a gift or inheritance. However, couples may sometimes need to address commingled property, which refers to assets that were brought into the marriage as separate property but were mixed and combined with community property during the marriage.

Under Texas law, every asset must be classified and determined to be separate or community property during divorce proceedings. Separate property is owned wholly by one spouse and is not subject to division in a divorce. In contrast, community property is owned jointly by the couple and must be divided between them according to the "just and right" provision. An example of commingled property could involve a house owned solely by one spouse before the marriage for which mortgage payments were made using community property funds during the marriage. Another example could be investment accounts owned separately before marriage but which were contributed to during the marriage through income earned by both spouses. To ensure that commingled property will be addressed correctly, their sources may be traced to determine the percentages of different assets that are considered to be jointly owned or solely owned by one spouse.

Essential Considerations for Child Custody in Texas

In Texas, child custody is referred to as conservatorship, which is the legal right to make decisions concerning the child. However, there is a distinction between "conservatorship" and "possession and access," which is the legal term in Texas for visitation.

Conservatorship determines which parent will have the right to make decisions about the child's health, residence, education, and more. In most cases, parents will be named joint managing conservators, and they will share the right and responsibility to make child-related decisions. On the other hand, possession and access address the practical arrangements regarding when each parent will spend time with the child and have the child live in their home. While parents may share conservatorship of a child, possession and access may be divided in whatever ways are determined to be in the child's best interests. In many cases, a child will live primarily with one parent while spending time in the other parent's home on a regular basis.

Contact a Magnolia Divorce Attorney

Property division and child custody are among the most contentious issues that can arise in the course of divorce proceedings. Unfortunately, conflict between divorcing spouses tends to create strong emotions, making it difficult to make rational decisions and resolve the outstanding legal issues that need to be addressed. This is one of the reasons why hiring an attorney can be so beneficial, as an attorney can look at issues objectively rather than make decisions based on emotions.

At The Bihm Firm, PLLC, our experienced lawyers know how contentious divorce can be. With our compassionate and client-centered approach, you can rest assured that we will passionately defend your rights and interests. We proudly serve the Magnolia, Texas area. Contact us at 936-788-6100 for a free consultation today.