Complex marital property estates in divorce

Asset Tracing in divorce

Prenuptial Agreements

Asset Partition

Child Custody

Visitation Issues

Post-Divorce Modification

Mediation

Collaborative Law

Trial

Complex marital property estates in divorce:

Many of the trial attorneys across the country agree that the largest and most complex business-deal that most people will ever encounter may be their own divorce.  With so many new and innovative deferred compensation programs being developed to retain key employees or to entice new management, one must stay on the cutting edge of understanding and representing plan participants. 

Our attorneys work closely with experts in business valuation, asset determination, asset characterization and asset valuation, as well as the analysis of the proposed divisions of benefits to the client. 

Asset Tracing in divorce:

Texas is a non-alimony state.  Therefore it is of significant importance to carefully review the history of the composition of the marital estate and to the extent necessary, trace assets to their separate property origin.   This increasingly vital part of a complex family law practice requires the team to work between the trial attorney and forensic accountant to accurately trace and prove the separate property character of marital assets often times has a significant impact on the ultimate property division.   As a part of the asset tracing endeavor, additional review and analysis is often made as to financial records to ascertain if there are undisclosed or "hidden" assets which, if disclosed, could have a significant impact on the innocent spouse's financial viability.

Prenuptial Agreements:

For those concerned about the possibility of divorce down the road, premarital agreements or "prenups" are a perfectly reasonable response.  Prenups are most popular with people who enter a marriage with large assets.  Some of these assets are not easily divisible, such as an interest in a family owned business or a large tract of real estate.

Asset Partition:

An asset partition can be a perfectly legal and highly effective means of preserving the assets of one spouse from claims made against assets controlled by the other.  Our attorneys can assess a client's situation and determine if the partition of assets would make an appreciable difference.

Child Custody:

The custody of children is one of the most hotly contested issues in family law.  Under the laws of Texas and many other states, joint custody is increasingly preferred when both parents are considered acceptable.  Joint custody divides parental rights and duties but does not necessarily provide equal periods of possession.

Loveless & Naylor understand the emotional strain put on parents and children by a child custody action.  We explain the pros and cons of such a move and help our clients make the right decision.

Visitation Issues:

In most jurisdictions, both parents have significant access to their children after a divorce if they have been involved parents during the marriage.  The visitation schedule is often tied to a standard possession order and by what is in the best interest of the child.

Post-Divorce Modification:

The most common modifications involve child custody, visitation and child support.  The requirement for almost any modification is that a material change of circumstance takes place between the last court hearing and the modification.  This means there is a basic change in the lives of the parents or children, which makes a modification of the terms of divorce desirable.

We realize that some changes to the divorcee decree are significant but aren't considered modifications.  For instance, one party to a divorce may hide a piece of property so that it will not become part of the divorce settlement.  In such cases, if the other party is able to locate the property, he or she can petition the court to reopen the case and take the found property into consideration in the total settlement.

Mediation:

Mediation is a settlement process utilized by nearly all Tarrant County Courts in bringing divorce, child custody and visitation proceedings to a final resolution.  The courts may order the parties directly to a qualified mediator or the parties may mutually agree upon one to utilize.  Since the courts have such a large docket load that obtaining a final trial date may take upwards of two years depending upon the court, estimated trial time, and issues to be tried.  Mediation has become a successful tool that is both time efficient and economical when compared to the cost of a trial before a judge or jury.

Collaborative Law:

What is Collaborative Law?

The Collaborative Law approach to a family law case puts the power of resolution into the hands of the parties, instead of a Judge. In a collaborative law setting, the participants and lawyers agree to work together respectfully, honestly and in good faith to try to resolve their conflict and come up with solutions that are unique to their circumstances. Close to 95% of all family law cases eventually settle out of Court. The problem is, however, that many of these cases only settle after years of financially and emotionally draining litigation. Collaborative law offers an alternative to this adversarial process by focusing on resolving the actual issues of the divorce without the threat or use of a court action.

What are the advantages to Collaborative Law?

• Win-Win solutions
• Cost effective
• Creative problem-solving
• Less stressful
• Individualized
• Satisfying
• Respectful resolution
• Focus on Co-Parenting
• Open communication
• Conflict and dispute resolution

Trial:

From the opening of the file, it is important to focus on the possibility of trial.  While the majority of family law cases are resolved before trial, those that are not, bring additional preparation to the matter.  Texas is the only state that allows a jury trial on the issues of fault, valuation, characterization of property, and custody.  Our attorneys have extensive experience in both jury and non-jury trial litigation.