At the law office of Cullar & McLeod, LLP, our attorneys understand that family law and divorce cases are some of the most contentious, difficult and emotionally-trying matters our clients may ever have to face. We strive to make the process easier for our clients by offering guidance and comprehensive support throughout their case. From our office in Waco, we provide assistance to clients in McLennan County and throughout Texas in all types of family law matters, including:
In many cases, it may be beneficial for the spouses to negotiate a marital settlement agreement that addresses such issues as the division of community property, spousal support, and child custody and support. If the spouses are unable to come to an agreement, our experienced trial attorneys will help protect your interests through aggressive litigation to obtain a judicial order.
Texas is a community property state, meaning that property acquired during the marriage is generally presumed to be jointly-owned property, unless it was a gift or inheritance. Unlike some community property states, however, Texas does not require a 50/50 division of property. The court has authority to divide community property "in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage." This statutory language places a lot of power and discretion with the judge. In order to obtain a fair property distribution, it is essential to properly characterize every asset as either separate property or community property, and further to properly value every asset, to avoid being taken advantage of by a divorcing spouse.
At Cullar & McLeod, LLP, our attorneys will help you properly classify, valuate, and divide all community property, including any real property, stocks or bonds, investments, savings accounts, and retirement benefits, ensuring that you receive a fair division of all property.
Spousal Support & Maintenance
Maintenance, also known in some jurisdictions as spousal support or alimony, is not awarded in every divorce. The court may consider many different factors when determining whether an award of maintenance is justified, and if so, how much should be awarded.
Child Custody & Visitation
When spouses with children divorce, they must either work out a custody arrangement through negotiations and/or mediation, or the court will issue a custody order. In either case, a combination of one or both parents will obtain legal custody, which gives the parent decision-making responsibilities over the child, and physical custody and visitation, which determines how much time the child will spend with each parent.
Child support is generally ordered to be paid from the non-custodial parent to the parent with primary possession. Although Texas has enacted statutory guidelines to determine the monthly amount based on the payor's income and the number of children involved, the judge has authority to deviate from the guideline amount depending upon the circumstances of the case.
McLennan County Family Law Attorneys
With over 45 years of collective legal experience, our attorneys have the knowledge and advocacy skill to guide you through your divorce, child custody or family law matter. To schedule a consultation, contact Cullar & McLeod, LLP today.