Houston Divorce Lawyer
If you are initiating a divorce or you’ve been served with papers, you’re entering a time in your life that is very stressful and full of changes. You need a divorce lawyer who is on your side and someone who can be a trusted advisor. One who listens to your concerns, understands the difficulties you’ve been living with and can turn that understanding into a view of where you’d like to be in the future.
Michael Von Blon has handled hundreds of divorce cases in his 30 plus years of practice in Houston. Mike is Board Certified in Family Law with the Texas Board of Legal Specialization; this means that Mike has the distinct experience that many lawyers don’t possess. Many clients will never have to step foot into a courtroom for a contested hearing. In these cases, Mike uses his first-rate negotiating skills to arrive at a settlement that’s in your favor. If a negotiated settlement isn’t possible, Mike’s long history of trial experience will ensure you have the best representation.
Divorce Services our firm provides:
Mike has handled many types of divorce matters, from contested divorces to amicable separations, divorces with modest asset portfolios to high net-worth estates, and especially divorces where children are involved. Most importantly, you’ll have a lawyer who’ll listen to you and work with you to develop a strategy to deal with a difficult situation. You’ll feel a sense of relief knowing that you can get through the proceedings and move on with your life.
How Can a Divorce Lawyer Help Me?
Being a lawyer with significant experience in Houston, Michael Von Blon can advise you and represent you in all aspects of your divorce, whether it’s in front of a judge or in negotiations with your spouse’s lawyer. Mike’s family law website is intended to inform people who are considering divorce or who have initiated divorce proceedings. The most common elements of a divorce are listed below with links to more information in each area.
Children and Divorce
Michael Von Blon is a divorce lawyer with a keen sense of how children are affected by divorce. There are so many issues that have to be discussed, negotiated and worked out, but undoubtedly the most important issues are the ones affecting your kids.
Mike prefers an amicable dissolution to your marriage, implementing a flexible but firm strategy to ensure that your best interests, and your kids, are always top priority. He strives to keep the costs of divorce reasonable by not allowing the proceedings to drag on. This alone has the effect of reducing your stress and that of your kids.
However, Mike realizes that some cases cannot be resolved amicably. In those circumstances, Mike will put his knowledge and years of courtroom experience to use so you and your children’s interest can be protected.
Division of Property
In divorce matters, judges in Texas are tasked with the division of property between spouses. This must be done in an equitable and fair manner. It, therefore, is a subjective ruling that can be based on a number of factors including disparity of earnings, education differences and relative financial worth of the parties.
Both separate and community property must be considered in marriage. An experienced divorce lawyer can help ensure that your separate property is identified and supported by evidence that can be presented to a judge and hold up to scrutiny. Leaving the marriage with what you rightfully own and what you’re entitled to is the key here.
Divorces are incredibly personal matters and the last thing you want are the details of your life put out there and in front of others. Fortunately, attorney Von Blon has over 30 years of experience handling these cases in a very discreet manner and in a way that ensures your kids, your property and your best interests are secured.
The process itself is relatively straightforward and begins with one of the spouses filing for divorce. Stages that follow include:
Mediation, an attempt to try and agree to the terms of separation and dissolve the marriage;
Obtaining temporary orders if a full settlement at mediation cannot be reached;
Discovery stage, a process to gather information, to assign values to property and investments, identify ownership of assets and to flush out issues, and in many cases, sensitive issues, within the marriage;
Second round of mediation, to try and settle before trial;
Divorce trial, in front of a judge resulting in an approved divorce decree.
A lawyer with seasoned negotiation skills is what people need when they’re going through a divorce. Whether it’s an amicable divorce that’s resolved at mediation or a contentious one that goes to trial, negotiation is a critical element that’s used throughout the divorce process. Call Michael Von Blon today 781-681-5288 or send a message to the firm here.
In order to give one spouse the resources they need to get on their feet and become independent after divorce, spousal support, on a temporary basis, provides the minimum amount of financial aid to accomplish this. A spouse, in particular the one that has taken the primary role in raising the kids, may need time and money to upgrade their skills to re-enter the workforce in order to become independent.
This financial support is temporary and is not intended to be a primary source of income in the long term. The amount paid may be reduced over time, because of an individual’s changing circumstances, or be eliminated altogether. The objective of spousal support is to allow time for both spouses to firmly establish their lives independently and move on from married life. In certain limited circumstances spousal support can be awarded for a period after divorce.
Couples can agree, usually before getting married, to define how their marital property is to be divided in the event of divorce. These pre-nuptial agreements often effectively change Texas Family Law as it relates to the characterization and division of property.
Most people are concerned about assets when it comes to identifying the property within a marriage. In a “pre-nup” you can also delineate how income, debts and inheritance are to be dealt with. If this is a second marriage for one or both of you, then that may also be a reason to consider such an agreement. It’s very important to work with a family lawyer like Michael Von Blon to plan and establish a pre-nuptial agreement.
Marital agreements can also be entered into after marriage. These post-nuptial agreements can and do often alter Texas Family Law as it relates to the characterization and division of property.
What are the Residency Requirements for Divorce in Texas?
Prior to filing any divorce petition in Texas, you must meet the residency restrictions. The general rule for filing for divorce in Texas requires that the you’ve been a resident in the state for a specific period of time. It, however doesn’t require this of both spouses. Either the petitioner or the respondent must have:
Lived in Texas for the previous 6-month period from the date of filing for divorce; and
Been a resident of the county where the divorce is filed for the previous 90-day period.
There are exceptions to the residency requirement when one or both spouses have been out of the state serving in the military, armed forces or some other service of the United States. In addition, if you’ve never lived in Texas and are stationed here at one of the army posts or military installations, you’re considered a resident if it’s been at least 6-months prior to filing for divorce.
If you have any questions about these requirements or your pending divorce, contact Michael Von Blon the call is always free 713-681-5288.
Do I Have Grounds for Divorce?
Determining if you should allege fault is a discussion you should have with your attorney. Texas is a no-fault state, which means either party can seek a divorce without alleging any fault grounds against the other spouse. In some cases, there may be a personal reason, moral or strategic reason that compels you to allege that your spouse is at fault for the break-up of your marriage.
For example, if you’re seeking an order from the court appointing you as the primary person to care for your children on a day-to-day basis, and one of the reasons for that is that your spouse has been having an affair with another and has been spending significant time with that person rather than with the children, then you might want to allege adultery and present evidence of such behavior to the court during a hearing for temporary custody.
For some, the grounds for divorce may seem obvious, while others may have doubts or be uncertain about their situation. If you are struggling with your decision, it’s best to pick up the phone and call a family law lawyer. Texas State Legislature lists the following as grounds for divorce:
Cruelty – commonly referred to as abuse or domestic violence, it can take many forms including physical and emotional abuse, exerting power and control over someone against their will, manipulating and intimidating them. Cruelty takes place over time and these repeated events can cause significant harm.
Adultery – when one spouse has been unfaithful and broken their commitment to the marriage, this is grounds for divorce. To allege adultery, one must simply have a good faith belief that their spouse has been unfaithful. Developing and obtaining that proof may come later during the discovery stage of your divorce case.
Conviction of Felony – you can allege this as a fault ground for divorce in Texas if your spouse was convicted of a felony, spent at least a year in jail and hasn’t been pardoned. Felonies include serious crimes such as attempted murder and aggravated robbery but also crimes such as check forgery, bank fraud, theft and deadly conduct using a firearm.
Abandonment – if your spouse left the marriage and moved to another city or state, you can allege this as a fault ground for divorce if it’s been over a year.
Living Apart – as a married couple, if you’ve decided to separate and haven’t lived with each other for over three years then this is grounds for divorce.
If you’re considering filing for divorce, you’ve no doubt thought about it for a long time. Make sure you’re prepared and ready to take the initial steps. You should file for divorce only with the advice and assistance of a lawyer. Contact Michael Von Blon today to discuss your case.