Austin Texas Divorce and Family Law Attorney
At The Law Office of Elena Vlady, we are focused on helping our clients make the best legal decisions during some of the most challenging times in their lives. We know how to help our clients because we understand the emotional and financial stakes involved in divorce, property division, child custody, and other legal matters. We will protect your best interests, ensuring that the legal steps we take with you today will benefit your life tomorrow and for years to come.
Our firm handles all detailed aspects of divorce, including:
- Complex or contested divorce. Complex divorces are those in which couples may not agree on one or more issues. Uncontested divorces can become contested if the parties disagree on even a small number of items. Complex divorces can include high-asset couples and business owners.
- Uncontested divorce. Even in the case of an uncontested divorce, it is wise to seek the counsel of an Austin divorce attorney to advise you. Legal representation will ensure that you and your spouse have considered every option and that your rights are protected.
- Divorce planning and separation. The state of Texas does not have legal separation. However, if you or your spouse is contemplating divorce, there are steps you can take to prepare for that decision in addition to consulting with a lawyer.
- Marital property division under the community property laws of Texas. Our firm can help you value assets, advise on tax implications, and divide marital debt.
- Temporary orders. Many clients worry about their financial and living situation while their divorce is pending. It is possible to secure temporary orders to determine living arrangements, spending habits, and custody arrangements for the interim until your divorce is finalized.
- Mediation
Family Law
- Cohabitation, Prenuptial and Postnuptial Agreements
These agreements are drafted before and after marriage to answer questions such as how property and assets may be divided if a divorce occurs. The hope is that the agreement serves to answer any questions that may arise. A premarital agreement is a reasonable precaution to take. When a person marries, his or her separate property comingles with property considered community property. This comingling can create major complications in the event of divorce.
There are other contractual agreements, including post-marital agreements and cohabitation agreements, that are also good options for some couples.
Under the Texas Family Code, all community property is subject to division in a divorce. All property possessed by either spouse is presumed to be community property upon divorce, unless it is proven to be separate property by clear and convincing evidence. A premarital agreement allows a person who is about to marry to preserve and protect his or her separate property estate by predetermining the characterization of property or income at the time of divorce or death.
Premarital agreements can involve: wills and trusts, rights to control property during the marriage, dividing retirement and employee benefits, homestead rights, personal behavior, penalties for adultery, etc.
Sometimes an agreement that divides the marital property of people who are already married can be a good way to preserve and protect assets and reach agreements concerning financial issues. These can ease marital stress and sometimes resolve issues to avoid divorce or divide assets to avoid a dispute about asset division in the event of a divorce. A post-marital agreement or partition agreement may protect one spouse’s assets from the other’s debts or protect assets from the risk associated with a spouse’s business venture.
Unmarried couples can also enter into cohabitation agreements that set out their marital status (not common law married) and clarify any financial arrangements or commitments during cohabitation.