Kingwood
Kingwood , Texas Divorce Attorney
Lawyer and Mediator H. Steven Byers
People approaching divorce already have a bucket load of personal and family-related stress and challenges to face. Grief or anger over the broken relationship is common. Worries about children's psychological and physical well-being are normal for caring parents. Juggling life's demands at work, at home and in the community while coping with a painful family change such as marital dissolution is challenging.The outcome may impact your financial security and your parent-child relationships for a lifetime. Contact H. Steven Byers, Attorney at Law & Mediator, to schedule a consultation and learn how to deal with your specific concerns.
Legal Aspects must Be Resolved With an Eye on the Future
Each individual involved needs to protect assets and make plans for a viable future outside the marriage. A well-qualified, compassionate and efficient family law attorney can make a difference. A divorce normally includes issues such as the following:- Property division
- Asset division - Including houses, cars, bank accounts, stocks and bonds, vacation homes, recreational vehicles, time shares, and retirement accounts
- Debt division - Including bank loans, credit card accounts, car loans, and home improvement loan
- Child custody/visitation
- Child support
- Alimony (spousal support)
The following are some the more frequently asked questions I often receive.
How long do I have to be a resident of the State of Texas before I can file for a divorce?
6 months
In which county in the State of Texas do I file my case?
The county where you have resided for the past 90 days.
What is separate property?
Anything you owned prior to your marriage, and anything you acquired by inheritance, gift or recovery for pain and suffering, after your marriage, is classified as your separate property.
What is community property?
A: Anything you acquired after you were married, that is not separate property.
If I get divorced can the Court award my separate property to my spouse?
A: No, the Court cannot touch your separate property.
How long can the Court order me to pay child support?
A: Child support must be paid until the child reaches his or her 18th birthday, unless they are a full time student in high school, or a school leading toward a high school diploma, then child support must be paid until graduation.
Can the Court order me to pay child support while my child is in college?
No, unless your child is not yet 18.
I have a disabled child, can my child receive child support beyond their 18th birthday?
A: Yes. The Court may order child support for an indefinite period, if the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support.
My child’s father makes a lot more money now than he did when we were divorced. Can I get an increase in the monthly amount of child support?
At the time of my divorce I had a high paying job. Unfortunately, that company went out of business and the job I have now is making much less money. Can I get a decrease in the amount of child support I pay?
A: Yes. If you show there has been a "material and substantial change" in the circumstances of the child or a person affected by the order, you are entitled to an increase/decrease in the amount of child support.
How much child support should I be paying if I have 2 children?
A: The Texas Child Support Guidelines state that an obligor should pay 20% of his net resources in child support for one child and 5% extra for each additional child. Therefore, your child support obligation should be 25% of your monthly net resources.
What are Net Resources?
A: Resources include 100% of all wage and salary income, overtime, bonuses, commissions, etc. The Court will deduct all of your taxes and the cost of medical insurance for your child, to arrive at Net Resources.
Is Common Law Marriage recognized in Texas?
A: Yes.
What are the elements necessary to establish a Common Law Marriage in Texas?
- The man and woman have an agreement to be married;
- After having this agreement to be married, the man and woman cohabitate (live together) in Texas; and
- The man and woman hold out to others that they are married.
How will the Court divide our (community property) estate?
A: The Court will divide your community property estate in a "just and right" manner, having due regard for the rights of each party and any children of the marriage. This does not necessarily mean a 50/50 split or equally divide. The Court will take into consideration factors such as "the health of the parties", "earning capacities of the parties", "length of the marriage", "benefits that would have been derived by continuing the marriage",  "fault in causing the divorce" (i.e. adultery, cruelty, etc.) The court will weigh all of these factors and arrive at a % that they feel is a "just and right" division of the estate.
Does Texas recognize Court-ordered alimony in a divorce?
A: Yes. Texas refers to it as "maintenance", but it’s the same thing. Payments of support from the future income of one spouse to the other. Unless family violence was committed within two years from the date of divorce, or while the divorce was pending, the spouse requesting maintenance must prove:
- They are unable to earn sufficient income to provide for their minimum reasonable needs, because of an incapacitating physical or mental disability;
- They have been married for at least 10 years, and the party requesting maintenance lacks the ability to earn sufficient income to provide for that spouse’s minimum reasonable needs; or
- They are the custodian of a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs,
If my spouse qualifies for "Maintenance" (alimony), how much will I have to pay, and for how long?
A: It depends on how long you were married, what your spouse’s financial needs are, and what your income is...
- If married for less than 10 years, and the basis for the award is "family violence", or if married for at least 10 years but not more than 20 years, then a maximum of 5 years of maintenance can be ordered....
- If married for at least 20 years, but not more than 30 years, then a maximum of 7 years of maintenance can be ordered...
- If married for at least 30 years, then a maximum of 10 years.
The Court shall limit the duration of maintenance to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse’s minimum reasonable needs. A Court may not order monthly maintenance in an amount greater than $5,000.00 or 20 % of the spouse’s average monthly gross income, whichever is less.
Take Action Now, Regardless of Where You Are in the Process
Whether you are contemplating divorce or trying to avoid it, learn how to prepare so that you can seek the best outcome attainable in your situation. Speak with an attorney who will help you understand what the future might hold and how to protect yourself and your children.- If you wish to try to save your marriage, talk to a marriage counselor first.
- If you anticipate or suspect a possible or probable divorce down the road, discuss ways to get ready with a knowledgeable and caring attorney who will take the time to explain what you need to know. Learn how to prepare the necessary paperwork, freeze assets and take steps to protect your children's well-being. Temporary child custody and child support orders can help even before the divorce is finalized.
- If you need a legal opinion as to whether a prenuptial agreement that you signed is valid, call our law firm.
- If you have been served with a divorce petition, have experienced domestic violence in the relationship or have concluded that your marriage is essentially over, talk to a lawyer right away.
- If you already have an attorney and are in need of a family law mediator, call this law firm.
- If your Texas divorce is already complete and you need advice or help with enforcement or modification of court orders, H. Steven Byers, Attorney at Law & Mediator, is a reliable source of information and assistance.
Experienced, Personalized Counsel and Representation
Kingwood divorce attorney H. Steven Byers' breadth and depth of experience in Texas divorce law enables us to adapt our legal services to the needs of each client. Do you hope to complete a "do-it-yourself" divorce? Talk to us about potential benefits and risks of this and other approaches to divorce.Past Clients Recommend Our Law Firm
We take pride in helping people navigate the necessary legal processes and procedures likely to bring about the most favorable resolution attainable in each case. When former clients go out of their way to say, "Hello, my life is better now, and I appreciate your compassionate advocacy while I was going through my divorce," we know we have done our job well. Sometimes clients return for help with enforcement or modifications - and we are ready to move quickly on these types of family law issues.Talk to an Attorney
Contact H. Steven Byers, Attorney at Law & Mediator, in Kingwood , to schedule a consultation.
H Steven Byers Kingwood TX Family Law, Wills Probate Lawyer Video
Attorney Steven Byers has helped thousands of family law clients for over 40 years in Texas with Wills, Probate, Power of Attorneys, divorce, custody, support, visitation, property division, mediation and more. Contact the Kingwood lawyer.H. Steven Byers,
Attorney at Law & Mediator
Kingwood Office
1521 Green Oak Place, Suite 140
Kingwood, TX 77339
Phone: 281-358-4420
Kingwood Law Office
Professional Associations and Memberships
- State Bar of Texas
- Texas Trial Lawyers Association
- Texas Bar Association
- Houston Bar Association
- Northeast Kingwood Bar Association, Past President
- Association of Attorney-Mediators, Inc.
- Society of Professionals in Dispute Resolution
- College of the State Bar of Texas