Marriage can be a wonderful part of life. Over the years, people can grow apart or change. There are many reasons why marriages become unsustainable. Nevertheless, dividing the assets of two individuals who have grown apart has the potential for a highly emotional conflict. When a divorce becomes inevitable, it is important to prepare early. Our team at Tadlock Law can assist you and provide an experienced North Texas divorce attorney with the legal proficiency to protect your property interests.
At Tadlock Law, we aim to accomplish the goals of our clients. We provide powerful litigation skills, as well as the ability to negotiate from strength. We have the experience to offer top tier representation when it counts. It takes experience, knowledge and sound judgment to understand how to present a case most effectively. Gerald Tadlock can assist anyone in the North Texas area, including McKinney, Frisco, Dallas, Plano and Sherman as their divorce attorney. Gerald Tadlock provides the traits necessary to craft a case individualized for each client.
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Division of property during a divorce can affect a person’s financial future. We recognize the serious nature and high-stakes involved for each of our clients going through a divorce. As a result, we strive to obtain a complete list of all assets, and their respective values. While this may sound simple, establishing the value of assets can become a highly-contested matter no matter how large or small the asset.
Community Property
In Texas, all property being divided by a court is presumed to be community property. The Texas Family Code provides family law judges a wide range of discretion in how to divide this property. While most people believe property is divided evenly, that is not necessarily true. The Texas Family Code states, very simply, that a court shall divide community property in a “just and right manner.” It is not hard to see that this language gives the courts nearly unlimited authority to divide community property in any way it sees fit. If a party has misbehaved before, or during, the divorce case, a court can divide the property disproportionately.
Separate Property
Separate property assets are generally protected from division by a family law court. These are assets acquired prior to marriage, or during marriage by gift or inheritance. The burden of proof is very high to show an asset is your separate property. Many times there is little proof of how an asset was acquired. Experience in proving an item is separate property is extremely important.
The Tadlock Law Office has experience in obtaining the evidence needed to prevent separate property from being divided by a court.
Alimony/Spousal Support
Post-Divorce Maintenance is the term used to describe what is typically referred to as “alimony” in Texas. Texas permits post-divorce maintenance to be awarded in limited situations. These situations are based upon the marriage duration, as well as physical or mental disability. To obtain post-divorce support, a divorcing spouse has the burden of proof to show their eligibility. If eligibility is proven, the requesting spouse must then prove the existence of funds from with the other spouse can pay maintenance.
There are many facets involved in Post-Divorce Maintenance requests. At Tadlock Law, we routinely work with clients to request, and defend, such requests. The legal issues are different in nearly every case and judicial discretion in this area is very broad. An experienced North Texas divorce attorney is very important to make the best case possible to prevail whether you are asking for, or trying to prevent paying, Post-Divorce Maintenance.
NORTH TEXAS DIVORCE ATTORNEY
Contact the the North Texas Divorce Attorney Gerald Tadlock at 214-550-1122 for a FREE PHONE CONSULTATION.
