Divorce

A divorce touches nearly every aspect of your life. Divorces can be difficult and stressful. Let us take the legal burden of asset division or child custody arrangements out of your hands. Depending on the parties involved and the issues that parties are facing, a divorce can either be proceed as contested or uncontested. In an uncontested divorce, the spouses are in agreement regarding all aspects of the dissolution, including child custody, child support and property division. If the divorce is contested, it means that there are one or more issues that the parties do not agree on that must be addressed. Whether you have a contested or uncontested divorce, you need to discuss your issues with an experienced attorney to understand all the legal aspects of the dissolution of your marriage. Contact our offices to schedule a consultation and discuss your specific situation.

Division of Debt

In today's challenging economy, the division of marital debt can be as important an issue as the division of assets. While many people are focused on the division of assets in a divorce, it is equally important to make certain that debts are divided properly. The family court cannot extinguish your debts, but it can order a party to pay a debt. Debt amounts can both deplete and increase over the course of a marriage, Debts that have been brought into the marriage may be considered community property. In Texas, division of debts may not necessarily be done 50-50, but divided equitably.

Child Visitation, Possession & Access

After you’ve broken up with the mother or father of your children, the biggest issue between the two of you will likely pertain to following child visitation guidelines in Texas. In the state of Texas, as with most states, the best interest child takes precedence over the interests of the child's parents. The court also recognizes that a child needs both parents in his or her life. Visitation rights exist to ensure that the non-custody holding parent will still have an active and vital role in their child's life. It is important to work out a child custody agreement that fairly reflects the needs and interests of all parties involved.

Modification

Sometimes factors have changed since your divorce or suit affecting parent child relationship was finalized, and it is in the best interest of the children to have prior custody and/or visitation orders modified. Our attorneys can help you take the proper steps to seek a more equitable arrangement in order to change the terms of a child custody or support order.. It is advisable to speak with our attorney's to determine your specific options for for seeking a modification in your situation

Motion for Contempt

A contempt motion is available to litigants who have already received a court order. A Motion for Contempt is a common practice for enforcing a court order including child support or visitation. If your ex has repeatedly violated the court’s order with respect to visitation or their court ordered child support, you can file a motion for contempt. Custody orders are in place to protect children and parental rights. They dictate with whom a child will live, whether a parent will have visitation, and who can make legal decisions for a child. They are legal orders with which parents must comply. Unfortunately, some parents make mistakes and bad decisions and wind up violating an order. While minor violations may not warrant harsh legal action, there are consequences for violating custody orders.

Motion for Enforcement

A motion for enforcement is a motion filed with the court to enforce a final order for conservatorship, child support, possession of or access to a child, property division, spousal maintenance, or other provisions of a final order. A Motion for Enforcement is more often appropriate to make the other party adhere to the order. There’s nothing more frustrating than going through the process of obtaining a legally binding ruling, only for your ex to refuse court orders. There are many ways to make a person do something – it usually involves some sort of punishment or threat of punishment. It is usually preferable to resolve conflicts out of court, especially where children are involved. However, when the other party is being malicious or unreasonable or when there is no compromise to be had you may want to file a motion for enforcement. If you are having trouble gaining access to your child or the other parent is not upholding a visitation agreement, we can help you get the situation back on track.

Paternity

Fathers and mothers both have the right to establish the relationship between a child and his or her biological father. Establishing paternity, or parentage, is essential to ensuring that proper child custody and child support orders are put in place to provide for the well-being of a child.

Fathers play an important role in the lives of children, but if you are an unmarried biological father, you do not have legal rights to his child until paternity is established. Why is paternity important? If you are an unmarried biological father, you do not have legal rights to his child until paternity is established. Paternity means the legal determination of who the father of a child is. The legal father of a child has a number of rights and responsibilities. There are no legal avenues for enforcing the responsibilities or vindicating the rights of a biological father who has not been established as a child’s legal father. You deserve to have custody of or access to your child The only way you can protect these rights is if you are established as the physical or legal father of the child. Unless paternity is established, you will be unable to obtain a court order for custody or visitation of your child. Establishing paternity can be very important for both the child and the parents. If you need help with a paternity action, our attorney's can be your advocate and your guide through the complex legal process

DIVISION OF PROPERTY and division of debt

Division of Property

The basics of property division during a Texas divorce

I he basics of property division during a Texas divorce
In a Texas divorce, one of the most contentious issues is often property division. The division of property can be a daunting task, especially while going through the emotional aspects of leaving your spouse. Separate and marital assets are determined and divided. What you may consider being separate properties could be marital property. Vice versa, what you think to be marital property could be separate assets that the court may not distribute to your spouse.
During a Texas divorce, accurately differentiating between community property and separate property is very important because judges apply different rules to each type of property when dividing assets between divorcing spouses. Failing to properly address these assets in the course of a divorce can result in an unequal division of property or cause future issues due to the tax consequences of the property settlement.
Texas is a “Community Property” state, meaning that most of the property – including both spouses’ incomes – acquired during marriage belongs to both spouses, and that property will be divided during divorce. That does not mean that every asset gets split 50/50: the separate property of each spouse will remain their own at divorce. In Texas, however, all property is presumed to be community property unless you can show sufficient evidence to prove that it is separate.
If you and your spouse are able to come to a mutual agreement of how to divide your community property, that will likely save you both time and money. However, your Texas property division agreement could be subject to the court’s approval. For those unable to come up with a mutually agreed upon division of property, most state law provides a list of factors that courts consider in making a final determination. A wide range of factor that Texas family court judges may consider when dividing your property could include the following:

Each Spouse's earning capacity and their present and potential earning power.
The age and health of each spouse.
The value of one or both spouse’s separate estate.
Whether either spouse wasted assets or committed marital fraud.
The needs of any children involved.
The length of the marriage.
Contribution of each spouse to the acquisition of property.
Contribution of one spouse to the education or training of the other.
Custodial provisions for children of the marriage.
Whether either of the spouses will be awarded spousal support.
The total economic circumstances of the spouses.
The tax consequences of dividing your property.
The existence of any pre- or post-marital agreement between the spouses

A lawyer can help

At the Law Office of Christine Mazurek, PLLC we want to make sure that your marital assets are split accordingly and that your separate assets are left untouched. Our dedicated legal team will guide you through the process while aggressively advocating for your rights and best interests. .

Division of Debt

If you and your spouse are divorcing, and you have a significant amount of debt, you’re understandably concerned about how much of that debt you will be responsible for in the divorce.
In a Texas divorce, the couple's debts will be divided along with their marital property. Like assets, debt is divided between divorcing spouses. Under Texas family law, debt, like any other property, can be classified as either separate property or community property. The division of debt in a Texas divorce can be considerably more complicated than the division of assets. In fact, Texas courts attempt to divide debt fairly and equitably rather than equally. The courts maintain a presumption of shared liability between both spouses that may have to be disproven before you can escape liability for your spouse’s debt. Furthermore, even if a significant debt is assigned to your ex, the debtor is not precluded from coming after you for repayment (if you are associated with the debt and if it goes unpaid).
In very general terms, Texas is considered a community property state. That means, for the purposes of divorce, property is either:

Community Property: The court begins its evaluation with a presumption that all property held by either spouse during the marriage is community property. (Tex. Fam. Code Ann. § 3.003.) Texas law defines community property as any property acquired or earned during the marriage that isn't separate property. A spouse who wants to keep an asset free from division must prove by clear and convincing evidence that the asset is separate property; or
Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include income from separate property, property that was given only to one spouse during the marriage--for example, a gift made by a friend or family member to the wife alone, or an inheritance that the husband received from a relative. (Tex. Fam. Code Ann. § 3.001.)

These definitions are important, but property division can be a lot more complex in certain situations. Generally speaking, both spouses are liable for any debts incurred while they were married, regardless of who actually spent the money or not. All debts that either spouse incurs during the marriage are considered community debts and belong to both spouses equally. (Tex. Fam. Code Ann. § 3.002.) However, the court may order an unequal division if the court deems there are "just and right" reasons. (Tex. Fam. Code Ann. § 7.001.)

If you’re considering divorce, it’s important that you’re aware of all the debt the two of you have. Significant debt complicates the already-complicated divorce process. Law Office of Christine Mazurek, PLLC can help you determine just how much debt will be on the table for division, minimize your responsibility for any further debt and work to seek an agreement that doesn’t leave you saddled with thousands of dollars of your spouse’s debt.

Divorce

Division of Debt

Child Visitation, Possession & Access

Modification

Motion for Contempt

Motion for Enforcement

Paternity

DIVISION OF PROPERTY and division of debt

Division of Property

Division of Debt

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