Houston Divorce Attorney for Women

In Texas, women often face several financial and custody-related challenges that may intensify during and after divorce proceedings. Some women are stay-at-home mothers who may have to re-enter the workforce during or after divorce. Others may act as the default parent during their marriage and may have to share decision-making and time with their children after divorce. No matter your situation, divorce often brings significant financial and emotional challenges to families. At The Stout Law Firm, PLLC, our experienced attorneys understand these challenges you may be facing in your divorce. As a trusted Houston divorce attorney for women, we excel in helping clients navigate those difficulties. We have decades of experience in family law and zealously advocate for our clients, both in and out of the courtroom.

Protect Your Financial Well-Being and Your Children

In general, the two main focuses of divorce in Texas are the division of the marital estate and the custody of children. It is not uncommon for wives to have concerns about financial security or custody of their children, especially if their spouse threatens to seek “sole custody” of the children if a divorce is filed. Often these fears keep women in marriages longer than intended.  At The Stout Law Firm, PLLC, we understand these concerns and are here to provide effective advice and solutions to help you navigate the divorce process. 

The Division of Property in Divorce Court

Courts will divide the community estate between spouses, including property and debts, and confirm each spouse’s separate property as his or her own, assuming the spouse proves the property is separate. The division of property does not have to be equal, but it does have to be just and right. Courts may award a disproportionate division of the community estate, so long as the disproportionate division is just and right based on the specific facts of the case. 

Community property is defined as property, other than separate property, acquired by either spouse during the marriage. Texas law defines separate property as the following:

• Property owned prior to marriage;
• Property acquired during the marriage through devise, gift, or descent; and 
• Recovery for personal injuries sustained during the marriage, except for any recovery for the loss of earning capacity during the marriage.

In Texas, all property acquired during the marriage is presumed to be community property unless a spouse can prove, by clear and convincing evidence, that the property is separate. If you brought significant assets into your marriage and you want to ensure that you retain those assets after divorce divorce, it is imperative that you consult with an experienced divorce attorney for women. At The Stout Law Firm, PLLC, we understand the intricacies of property division and have the experience to identify and prove your separate property claims. It is important to understand that not all spouses play fair during a divorce and some might attempt to conceal community assets. At The Stout Law Firm, PLLC, we have the experience and resources to help you locate those assets to ensure all community property is properly accounted for and identified before it is divided.

Let’s Talk About What Matters Most—Your Future

Spousal Maintenance

Alimony, referred to as spousal maintenance in Texas, is not automatically awarded in every divorce. A spouse must meet specific criteria outlined in the Texas Family Code in order to qualify for spousal maintenance. A spouse is entitled to maintenance if any of the following applies to their case: 

• They have been married for at least 10 years and are unable to earn sufficient income to meet their minimum reasonable needs. 
• They are unable to earn sufficient income to meet their minimum reasonable needs due to an incapacitating physical or mental disability.
• They are the custodian of a child of the marriage who needs substantial care and supervision due to a physical or mental disability that prevents the spouse from earning sufficient income to provide for their minimum reasonable needs.
• Their spouse was convicted of or received deferred adjudication for a crime of family violence committed during the marriage, against them or their child, and the offense occurred within two years before the divorce was filed or while the divorce is pending.

If a spouse is eligible for maintenance, the court will decide the amount, duration, and manner of the maintenance payments by considering all relevant factors, including but not limited to:

• The length of the marriage;
• Each spouse’s ability to independently provide for their minimum reasonable needs, considering the spouses’ financial resources on divorce; 
• The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
• Contribution by one spouse to the education, training, or increased earning power of the other spouse; 
• The property brought to the marriage by either spouse;
• The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the feasibility and availability of that training or education;  
• Any acts either spouse has taken resulting in harm to the community estate, like fraud; 
• The contributions of a spouse as a homemaker;
• Any history or pattern of family violence; and 
• Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage. 

Requests for spousal maintenance require sufficient evidence and analysis that is best left to an experienced divorce attorney for women. At The Stout Law Firm, PLLC, we can assist you with spousal maintenance claims, whether you seek it or your spouse requests that you pay it.

Child Custody

If you have children, custody is often the most pressing concern in the divorce process. It is public policy in Texas to encourage both parents to share in the duties and rights of raising their child after the parents have separated or divorced. However, the best interest of a child is always the primary consideration of the court in determining custody issues. Texas courts will appoint parents joint managing conservators if it is in the best interests of the child, taking into account factors including:

• Whether it will benefit the physical, psychological, or emotional needs and development of the child;
• The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest;
• Whether each parent can encourage a positive relationship between the child and the other parent; 
• The child’s preference, if the child is 12 years of age or older (this is only a factor, not outcome determinative);
• How close the parents live to each other; and
• Any other relevant factor.

Custody disputes are often challenging and difficult to navigate on your own. The attorneys at The Stout Law Firm, PLLC, are experienced in custody disputes and are not afraid to zealously advocate for your parental rights.

Contact Our Experienced Divorce Attorney for Women in Houston

Divorce is often complex and emotional and you should not face it alone. Our attorneys at The Stout Law Firm, PLLC have highly unique and extensive skills in effectively representing both women and men in divorce. If you need an experienced attorney, who is Board Certified in family law by the Texas Board of Legal Specialization, to help you navigate the intricacies of your divorce, please give us a call or contact us on our website to schedule a consultation.