How a Family Attorney Can Assist With Complex Divorce Cases

Divorce is almost never simple, but there are certainly cases that are more complex than others. If you’re involved in a case of this nature, it’s always in your best interest to work with a family attorney in Austin, TX who has specific experience with the most difficult of divorce cases. An Austin family attorney with this type of experience will be able to protect your rights effectively.

How Your Family Attorney in Austin, TX Can Help You in a Complex Divorce

By Clarifying Your Goals and Keeping You Focused

Coming into a divorce, you may know exactly what you want. Or, you may have no idea what to ask for. Either way, your attorney can help. Talk honestly with your attorney about what you’re hoping for, and your attorney will then help you understand what’s reasonable to demand, what rights you have under the law, and the best way to go about attaining these goals.

Along the way, your attorney will ask you questions about what you want for your children and what kind of assets you have. Your attorney can help you build a list of things you absolutely want and show you where there is room for compromise. As your divorce progresses, your lawyer will help you keep focused on these goals, which can sometimes be difficult when emotions get in the way.

By Working Hard on Your Child Custody Concerns

In Texas, custody is referred to as conservatorship and can refer either to who the child lives with or who has the legal authority to make decisions about the child’s life. Both types of custody can be sole or joint. With sole custody, one parent has physical custody entirely or primarily and makes the major decisions for the child. With joint custody, these rights and responsibilities are shared. Just because a parent is entitled to make decisions for their child does not mean they will necessarily have physical custody, and that’s important to bear in mind.

Your lawyer will help you understand all the options that will be before the court, talk through with you what your custody concerns are and what you are hoping for, and then help you build a case to achieve that goal. You’ll need to think carefully about what you want for your family, about what kind of parent your ex-spouse actually is, and about what resources you and the other parent have. If there’s been any history of violence or abuse, or either of you have a history of substance abuse, be sure to mention this to your lawyer so you can factor this into your plan.

By Helping You Equitably Split Your Assets and Debts

And complex divorce, assets are often one of the biggest issues and the most difficult to deal with. Texas law makes a distinction between marital and separate property, and it’s very important that you be able to prove what property belongs to you.

Texas does not divide property based on a 50-50 split but according to what is equitable. This means that the courts look for a split they believe is fair to both parties, given those parties’ unique circumstances. The law also assumes that all property that either of you acquired during the marriage is marital property. The same as true of all debts, regardless of who actually took a debt out. If you want to argue that a debt belongs only to your partner or an asset belongs only to you, you will need to be able to prove it.

Marital Property

As mentioned above, marital property is anything either of you acquired during the marriage. This includes all income you may have earned as well as interest or passive income and income from pensions, rentals, retirement accounts, etc. Also included here is all real estate and real property like vehicles, gold, or other household valuables. The only exceptions here are any property that was gifted to or inherited by just one partner, non-economic damages awarded in a personal injury lawsuit (economic damages are shared property), and capital gains or stock dividends earned solely through separate property, which belong to the spouse who owns that separate property.

Community property also includes all debts, which are also divided equitably. For example, if the couple owes $20,000 in credit card debt, but one of the partners was a homemaker while the other spouse has an established career and makes good money, the court is likely to award more of the debt to the partner who has the ability to pay it. They will take into consideration that a homemaker is likely only qualified for a minimum wage job until he or she has time to train to a new career.

If one of the parties takes out a student loan during the marriage, the student loan is typically going to be considered separate property. The assumption is that the education which this loan provided only benefits the spouse who received the education. If you have student debt and want it to be divided, you would need to be able to show how the education or training benefited your spouse.

Separate Property

Separate property is anything that either spouse was gifted or inherited, as mentioned above, but it also includes anything which one of the spouses owned outright prior to the marriage. However, it’s important to remember that if separate property is at any point mingled with shared property, it becomes shared property. For example, if one spouse owned a home prior to the marriage, but both partners used it as the marital home and the second partner invested in the home by helping to pay for upgrades, using their skills to maintain the home, etc., that home will very likely be considered shared property. If one partner owned a business before the marriage, but the second partner worked the business or contributed to it financially, it would become shared property.

Any debts that either party owed before getting married remain the debt of that party alone.

Important information about How Much Does a Divorce Cost? and How to Prepare for Divorce Mediation

By Helping You Work Through to an Agreement

The best outcomes in a divorce almost always happen when the two parties can come to an agreement together about how to divide property, deal with child custody, etc. If you can agree, then in most cases the court will sign off on your agreement so long as it does not break any laws and is not obviously unfair to one party. This keeps you out of a situation where the court is making all of the decisions for you.

When there are many complicated assets and issues to your divorce, however, coming to an agreement can be particularly difficult. The more there is to divide, such as businesses, investment accounts, and complex properties, the more entangled you are in each other’s lives and the more difficult it is to come to an agreement. When you both have a lawyer, your lawyers can sit down and work through all these entanglements and help you come to an agreement that works for you. Your lawyer will protect your rights in these negotiations, help you understand when it’s wise to compromise, review all agreements to make sure they’re fair to you, and provide a buffer between you and your spouse to make it easier to make decisions.

For help with your divorce, reach out to our Austin divorce lawyer at Evans Family Law Group in Austin, TX to set up a consultation. We serve Bastrop, Hays, Travis, and Williamson counties and surrounding areas.

James Evans

James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions

Named one of Texas Monthly’s “Super Lawyers” from 2015 – 2022
Named by Martindale as one of the “Top Lawyers in Texas”
9.5/10 rating on Avvo, based on clients’ reviews
Featured as a legal expert on Austin’s local radio station

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Let Our Team Help You

I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.

The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.

Coral G.

I’m incredibly thankful for the Evans Family Law Group, especially Jimmy Evans and his paralegal, Ashley, for the guidance, support, and compassion they showed me during one of the most stressful and emotionally draining times in my life. From the very beginning, they were responsive, patient, and truly made me feel like I wasn’t alone in the process.

Ashley was amazing to work with. She’s incredibly organized, always on top of every detail, and consistently kept me in the loop about what was going on. Anytime I had a question or concern (and I had a lot!), she was quick to respond and always made sure I understood exactly what was happening. Her calm and professional demeanor gave me a lot of peace of mind during a time when everything felt uncertain.

Michelle I.

Jimmy is arguably one of the best family lawyers in Austin. Cares about his clients and has the track record of recognition to back it up. Rare to find a divorce attorney in Austin with such positive reviews and that should tell you all you need to know! Divorce and custody battles are difficult, hire the right attorney first and get your desired result. If you want what is best for your family, you should hire the best lawyer you can. Jimmy and his team are the answer!

Chase S.

Austin

Are you facing the prospect of a divorce in Austin and unsure where to turn for guidance? Handling the challenges of divorce can be difficult, especially when it involves issues like child custody, property division, and spousal support. Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time. For personalized legal assistance with your divorce, reach out to Evans Family Law Group today.

Bastrop County

Our Bastrop County Divorce Lawyer guides you through the multiple steps of divorce, ensuring your rights and interests are protected every step of the way. Imagine trying to handle a divorce without a knowledgeable guide—it’s like sailing through a storm without a compass. For example, understanding Texas divorce laws, like residency requirements and property division, can be confusing without help. Don’t face this challenging time alone.

Hays County

Imagine facing the daunting task of dividing assets, determining child custody, and navigating spousal support—all while dealing with the emotional strain of a marriage ending. This is where a skilled divorce lawyer steps in and provides the necessary support to make the process as smooth as possible. A Hays County Divorce Lawyer is dedicated to guiding individuals through the divorce process with knowledge and compassion.

Travis County

Divorce is a challenging and emotional process that can be overwhelming without the right support and guidance. If you are considering or going through a divorce in Travis County, having a knowledgeable divorce lawyer by your side is imperative. A Travis County divorce lawyer can help you navigate the complexities of local family law, protect your rights, and ensure a fair outcome.

Williamson County

Divorce is a challenging and emotional process. Navigating the challenges of divorce can be overwhelming, especially when you’re unsure where to start. A Williamson County Divorce Lawyer will guide you through the process, ensuring that your rights and interests are protected every step of the way.