Houston Divorce Lawyer
Matrimonial Law, Spousal Support and Prenuptial Agreements
Divorce
Contemplating a divorce is always difficult. In the divorce process, involving a knowledgeable Houston family law firm as soon as possible is one of the best ways to preserve your own long-term financial and emotional health.
When a marriage ends, the emotional and financial turmoil may seem overwhelming. Richard Lybarger is a skilled Houston divorce lawyer who knows how to assess your individual situation and to protect your interests through the challenging process. He provides sound advice on all aspects of divorce and matrimonial law in Houston, including child custody and situations where the couple has substantial assets or complex financial arrangements that need to be assessed and valued.
Mr. Lybarger encourages people in appropriate cases to consider handling their divorce case through the collaborative divorce process, which is less costly and emotionally draining than the traditional litigation process.
Through expertise in collaborative divorce, Houston divorce lawyer Richard Lybarger is able to help his clients resolve complicated issues quickly and quietly. This allows the parties to avoid almost all unnecessary publicity, and the possible negative impact it has upon their reputations and business interests. It is his goal to handle your family's legal issues with all the dignity possible.
Read Understanding Legal Fees in Family Law Matters
Property division
Division of property is often one of the most crucial aspects of any divorce proceeding. The Texas divorce court must separate marital property in a manner that it determines to be just and right. After issues where children are concerned are decided, financial security is one of the most important considerations in divorce for many clients. An experienced Houston family law attorney can guide you through this complex process.
In numerous cases, a divorce involves the dissolution of a union that has spanned many years and may include many different kinds of property. These include:
- Personal property
- Separate and community property
- Family businesses
- Debts
- Trusts
- Securities
- Investment property
- Property located in other states or countries
- Insurance, pensions, and other retirement accounts
Mr. Lybarger uses his knowledge of financial and business matters to work with your designated team of financial and other professionals in order to address the division of property. His Houston family law firm is committed to addressing your financial needs in the process of a divorce.
Spousal support
In the State of Texas, “alimony” is referred to as “maintenance” and there are limited instances where it is granted. Most cases require that the union last over a decade or that violence has taken place within 2 years of the application for divorce.
Divorce can have a significant financial impact on both spouses, leaving one party much less capable of supporting his or her minimum needs. Mr. Lybarger can advise you regarding your right to receive, or possible obligation to pay, maintenance. A dedicated Houston divorce attorney, he is an effective advocate for your financial stability.
Child support
When parents are divorced, separated, or have never been married, the court can enter appropriate orders for the support of the child, including medical, financial, and educational support. As one of the more experienced divorce lawyers in Houston, Attorney Richard Lybarger has handled many cases involving the establishment, modification, and collection of child support.
Additionally, he has handled numerous cases where one parent resides outside Texas and cases in which the Texas Attorney General is involved. As a skilled family law attorney in Houston, Mr. Lybarger is able to guide you through determining the correct amount of child support to be paid. This includes assistance in cases where high income individuals, self-employed persons, persons with income from investments, and children with special needs or who may be disabled are involved.
The office of the Attorney General of the State of Texas helps to establish and enforce child support. They work with local Houston family law firms to determine paternity and hold the responsible parties to their duties.
Annulments
An annulment is a way to dissolve a marriage but is only granted under very limited circumstances. Retaining an experienced family law lawyer in Houston can help you through this process. In Texas a court can grant an annulment when:
- A party to the marriage is older than 16 but young than 18
- A party is under the influence of alcohol or narcotics
- Cases of impotency
- Cases involving fraud, duress, or force
- A party lacks mental capacity
- Cases of a concealed divorce
- Cases where marriage takes place less than 72 hours after the license is issued
Annulments are not very common and, once granted, the marriage becomes void and is considered to have never happened. However, while the marriage relationship itself is dissolved as if it never took place, all of the same rules apply to property division and children as in divorce. The court can make temporary and final orders concerning property and children just as if the parties were married.
If your marriage is of short duration and you suspect that there is a defect in the marriage contract, Houston family attorney Richard Lybarger will gladly evaluate your situation to determine if seeking an annulment is appropriate under Texas law.
Premarital/prenuptial agreements (prenups)
A prenuptial, or pre-marriage, agreement is a contract created by a couple before they are married. Typically the parties will list all of their property and debts, and specify what property will remain separately owned during the marriage. The agreement may also address how property division will be handled if the marriage should be dissolved.
Prenuptial agreements can be used to address many situations unique to the parties. This can save the parties considerable money and difficulty if the marriage should be dissolved.
Even when parties do not have substantial wealth or income, premarital agreements may help the parties avoid potential arguments and unnecessary expense in the event of divorce.
Contact Houston divorce attorney Richard Lybarger for advice concerning your pre-marital circumstances and how a prenuptial agreement would be advantageous to you.
Postmarital/postnuptial agreements
Postmarital agreements are also called postnuptial agreements, or just marital agreements. These are contractual agreements made between spouses. In some situations, a married couple may wish to exchange between themselves certain community property so that it becomes his or her separate property.
Postnuptial agreements can vary from complex to relatively simple. They are used to address many situations that are unique to the parties involved, including the rights of each party to manage his or her property, debt, and estate planning concerns. In some cases these contracts are developed in anticipation of a separation. As a dedicated member of a Houston family law firm, Mr. Lybarger can help you address your specific needs.
