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shaneb@law-smb.com
(512) 561-5003

Divorce

Texas Divorce Attorney

Divorce is a stressful thing, and under stressful circumstances, it can be difficult to make rational decisions. With a knowledgeable lawyer by your side, you can stay grounded and work toward the best possible outcome.

From property distribution to child custody, child support and alimony, attorney Shen M. Boasberg has the experience and legal know-how to aggressively represent you in all matters that may arise during your divorce. We also represent people in military divorces in Texas.

Get 20+ Years of Experience on Your Side

At the Law Offices of Shane M. Boasberg, we understand what you are going through. We can protect your rights throughout the divorce process and make sure nothing is overlooked. .

Alimony & Spousal support

Work with a Central Texas Family Law Attorney

In Texas, divorcees can petition for alimony or spousal support. Both alimony and spousal support are regular payments that a spouse makes to provide the other with support during or after a divorce proceeding. These amount of payments is based on the unique needs and earning potential of both spouses.

There are several differences between alimony and spousal support:

• Alimony: The payment given to a spouse during the divorce proceeding as maintenance and a way to help a spouse get back on his or her feet financially. Alimony is also known as spousal maintenance in the state of Texas.

• Spousal support: Regular, court-mandated payments that last after the divorce as a way to supplement a spouse's income or provide for him or her.

Do you qualify for spousal maintenance?

The court can order spousal maintenance if the spouse who is seeking the payment will not have enough property at the time of the divorce to provide for his or her basic needs. Normally, the courts will consider alimony if one spouse was convicted of committing family violence against the other spouse during the marriage. Also, if the spouse seeking support is unable to earn income because of a disability, the court is normally generous with awarding spousal support.

Spouses can also qualify for support if they were married for ten years or longer and the spouse seeking support is unable to earn enough income to keep up the standard of living that he or she experienced prior to divorce. Also, if the spouse seeking support has custody of a child who has a physical disability, spousal support is common in addition to child support.

What the Court Considers when Awarding Support / Alimony

The court doesn't just award alimony to any spouse who requests it. The court understands that, sometimes, the paying spouse cannot handle the expense of spousal support and the payments may not be feasible.

For this reason, the court will typically look at a variety of factors, including:

• The financial resources of each spouse at the time of the divorce

• The length of the marriage

• The age, employment history, earning ability, and physical and emotional health of the spouse

• Child support obligations

• Use of community property funds

• Each spouse's education and employment skills

• Any acts of adultery committed in the relationship

• Any patterns of family violence

• The property that each spouse brought to the marriage

• Whether or not one spouse acted as a homemaker in the marriage

• Whether the spouse seeking support contributed to the education or training of the other spouse

Child support

Do you have questions about child support in Texas? Whether you are preparing for a divorce or you were never married to your child's other parent at the Law Offices of Shane M. Boasberg, we can help you understand the Texas child support guidelines and let you know your options. we can assist you with both establishing and modifying child support orders. It is possible to obtain a child support modification only if a substantial change in financial circumstances can be shown.

In Texas, child support is calculated based on the family law code's statutory guidelines. The law uses several factors to determine the final amount of child support to be paid to the child or children's primary custodian, including:

• The number of children

• Net income of the non-custodial parent

• Monthly health insurance expense and who pays for it

While it is difficult to deviate from these guidelines, a family law judge may award a child support amount higher or lower based on the needs of the child. For example, a child may require special medical care, education or other needs that should be taken into consideration. Additionally, our clients benefit from a law firm that practices in several areas, including criminal law. If you are late on your child support payments or you need help enforcing a child support order, we can represent you.

Post-judgment modifications for child support and custodY

Our team understands that family matters are sensitive, personal, and merit our full time and attention. As a parent facing a visitation conflict or change, you could probably use a helping hand and the stable, trustworthy counsel of an experienced attorney. That’s where the Law Office of Shane M. Boasberg comes in.

We provide all of our clients with personalized, face-to-face service, and we take the time to listen and understand your family dilemma. The court system may be jam-packed and slow-moving, but we are willing to work hard to make your visitation modification requests heard so that you can get the answers you need as soon as possible. If you are interested in modifying your visitation or child support agreement, contact The Law Offices of Shane M. Boasberg one of our right away.

Child custody and visitation

Part of the divorce process for couples with children involves determining child custody. Splitting up time between your children can be one of the most difficult decisions to make. To have a better outcome, it is important to understand the types of child custody available. If you are going through a divorce and are concerned about your custody options, The Law Offices of Shane M. Boasberg can assist you in achieving your goals.

Sole Custody

When a parent is awarded sole custody of their children, it means they are the only parent with the legal right to make decisions about the children. Such decisions could include medical treatments, which school he or she attends, and which after-school activities to attend. A parent with sole custody has the child living with them full-time, thus they are able to make decisions about their child’s everyday needs.

Joint Custody

Parents could choose a few options that fall under the umbrella of joint custody.

• Joint Physical Custody: in this option, your children will have two residences where they spend at least 35% of their time with each parent.

• Joint Legal Custody: when parents decide they would like joint legal custody, the children have one primary residence but both parents have legal right to share such decisions as medical treatments, religious upbringing and schools the children attend.

• Other Combinations: ultimately, as parents you decide what works for you, meaning you can choose any combination of the above options of shared physical or shared joint custody.

How Courts Award Custody

When determining custody the courts look very closely at each parent and their ability to raise their children separately. If one parent is attempting to win sole custody of the children and another is contesting the motion, one parent must prove the other is unfit for parenthood. If both parents are collaborating through the process and request to have joint custody, the courts will scrutinize this request thoroughly as both parents need to be willing to work together and communicate to effectively have joint custody.

How We Can Help You

Family law matters can be extremely complex. When your future and your children’s lives hang on the decision of a judge, you need to ensure you hire The Law Offices of Shane M. Boasberg to protect your rights.

Division of property—marital assets and debt

Equitable Distribution Laws in TX

Equitable distribution is also known as property division. This is the process of separating and differentiating one’s assets from the spouse’s when going through the divorce process. If you are seeking assistance in determining equitable distribution in your case, please do not hesitate to call the Law Offices of Shane M. Boasberg.

What does equitable distribution mean?

Equitable distribution does not necessarily mean that both spouses will share their assets 50/50 after they have divorced. Rather, the courts will decide what is fair for each spouse and what will not leave one or the other at a disadvantage. For example, one of the issues that couples tend to argue most is about the marital home—to whom does it belong? Other questions will arise, such as who will pay for any remaining debts?

Marital property can run a broad range of matters, such as:

• Real estate

• Bank accounts

• Business expenses

• Automobiles

• Furniture

• Debt

Keep in mind that all separate property is not included in equitable distribution matters. Separate property includes any possessions or items that were given prior to the marriage, such as gifts or inheritances. So, let’s say that you bought and maintained the home with assets that remained separate throughout the marriage, the home would belong to you.

To protect your assets from being subject to equitable distribution, you should first consult the Law Offices of Shane M. Boasberg with more than 20 years of experience helping families overcome nearly every challenge imaginable. We will examine every aspect of your case to help you work through what must one of the most difficult challenges you might ever have to face. The Law Offices of Shane M. Boasberg is committed to seeing your needs met and getting you the satisfaction that is most favorable.