Introduction: We provide sophisticated, ethical and experienced divorce and child custody representation.
Divorce cases involving marital estates of high net worth present unique challenges not always found in cases involving mid-level or lower income estates. It takes an accomplished and experienced firm with a demonstrated reputation for success to properly manage the complexities that may arise during the process.
When you and your spouse are going through a divorce, the division of property and debt may cause contentious disputes. It is critical to secure an experienced family law attorney with a reputation for success in order to ensure a fair outcome.
In Texas, the law requires that both the assets and debts acquired from the date of marriage and the date of divorce be divided and distributed between spouses regardless of the name the property is held in.
The Texas Legislature requires that the marital estate be split in a just and right manner, which typically results with one-half going to each party. In many circumstances, however, this may be unfair. The law allows for deviations from the standard surrounding division of property. Our family law attorneys will work with you to ensure your best interests are maintained throughout the division of your marital property.
Equitable distribution in Texas is extremely complex and requires constant monitoring of the ever-changing law. Determining the division of property and equitable distribution is a technical and often a complex process for couples at any income level. Those with extensive or complex marital assets such as executive compensation packages, family-owned business assets, investment portfolios or multiple real properties; however, often face additional complications in determining a fair property division settlement.
Deciding the custodial arrangements for children is not an issue that is resolved quickly. A court typically begins its assessment with an examination of the status quo and looks at how the parties have been operating on their own. If both parents have been equally involved in the raising of the children by playing an active role in their lives, then there is probably a good chance that the situation is an appropriate one for joint physical custody. In fact, the Texas legislature has made it presumably in the child's best interest to appoint both parents as joint managing conservators.
When considering the options that are presented, a court considers several factors including the following:
- Arrangements within the family in the past
- The positive effects and drawbacks of each proposed custody arrangement
- If the child is old enough, the wishes of the child
- Any history of domestic violence or drug abuse
When custody is unresolved between the parties, the courts usually require the spouses to attend mediation. The mediator is charged with examining the situation and learning more about the relationships and synergy of the family in order to facilitate the parties in coming up with a mutually agreeable solution to any outstanding issues.
If parents cannot resolve the issues of custody by themselves or through some phase of the mediation process, the parties always have the right to have a hearing of the issues before the court. However, if the parties cannot agree on an arrangement for their children, custody litigation can be a long, complicated and expensive process that can serve to increase the acrimony between the parties.
When the future of your children is at stake, you need to have an attorney with the experience to navigate the process and bring the important considerations to light.
At Nilsson Legal Group, we provide sophisticated representation and qualified counsel in high-asset divorce and separation. Our clients include private physicians with multiple practices, business owners, banking executives and hedge fund managers, as well as other professionals throughout the North Texas.
