Divorce
The decision to divorce can be difficult for couples. The guidance of an attorney can prove to alleviate the stress of the divorce process. At The De Leon Law Firm, we care about the overall well-being of our clients and we strive to make the divorce process as painless as possible. Our goal is to ensure that we provide meaningful guidance and creative solutions according to each client’s needs. Our needs based assessment of your unique circumstances can help create a path to lead you through the legal process in the most cost efficient manner.
There is not a one size fits all solution to the divorce process. Whether you are facing a difficult, contested divorce, or you and your soon to be ex-spouse have an amicable relationship, The De Leon Law Firm can provide valuable services that will help you each step of the way. Decisions will need to be made on issues like property division, alimony, mediation, division of retirement assets, child support, and custody arrangements. Navigating the court system may seem like a daunting task and can be an intimidating, yet necessary part of the divorce process. With all of these factors in mind, the De Leon Law Firm is committed to advocating for each our clients to work toward achieving their unique goals.
Child Custody
Under Chapter 153 of the Texas Family Code, the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.
In the interest of promoting an amicable settlement of disputes between parties who have filed suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and any necessary modifications.
In cases where parents can agree, they can put a possession order in place that works best for their children. In cases where parents cannot agree on a possession order, courts will impose a Standard Possession Order. If this type of order is not suitable for your situation, a Modified Possession Order with alternative time schedules for the child can be utilized.
The De Leon Law Firm is committed to helping children and their families determine a suitable arrangement that works best for your unique situation.
After listening to the facts of a case, we will provide potential solutions so that you can feel comfortable about the process and overall outcome.
Introduction: Section 153, Subchapter F of the Texas Family Code provides that the court shall specify in a STANDARD POSSESSION ORDER that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. The Texas Family Code provides details on the default visitation schedule under a standard possession order. Here is a summary of the routine visitation schedule during a normal week.
STANDARD POSSESSION ORDER VISITATION SCHEDULE
WHEN POSSESSORY CONSERVATOR RESIDES LESS THAN 100 MILES AWAY FROM YOUR CHILD’S PRIMARY RESIDENCE
During regular school year term:
Every Thursday from 6pm to 8pm
and
On weekends throughout year beginning at 6pm on Friday and ending at 6pm on Sunday:
1st Friday
3rd Friday
5th Friday
For months that have 5 Fridays see example below. You would have your child two weekends in a row:
**Illustration Applies to Calendar Year 2022**
HOLIDAYS THAT FALL ON A MONDAY
For holidays that fall on a Monday during the school year (*check your child’s calendar for holidays*): Weekend possession begins on Friday at 6pm and ends at 6pm on Monday.
For Federal, state or local holidays that fall on a Monday during summer months when school is not in session: Weekend possession begins on Friday at 6pm and ends at 6pm on Monday.
HOLIDAYS THAT FALL ON A FRIDAY
For holidays that fall on a Friday during the school year (*check your child’s calendar for holidays*): Weekend possession begins on Thursday at 6pm and ends at 6pm on Sunday.
For Federal, state or local holidays that fall on a Friday during summer months when school is not in session: Weekend possession begins on Thursday at 6pm and ends at 6pm on Sunday.
STANDARD POSSESSION ORDER VISITATION SCHEDULE
WHEN POSSESSORY CONSERVATOR RESIDES MORE THAN 100 MILES AWAY FROM YOUR CHILD’S PRIMARY RESIDENCE
Weekends throughout year beginning at 6pm on Friday and ending at 6pm on Sunday:
OPTION 1
1st Friday
3rd Friday
5th Friday
OR
OPTION 2
One weekend per month. Possessory conservator gets to choose the weekend beginning at 6pm on the day school recesses for weekend and ending at 6pm the day before school resumes after the weekend.
Additional Steps when you live 100 miles away from your child’s primary residence under option 2:
*Must choose this option by written notice to the other parent within 90 days after you start living over 100 miles away and
*Must give 14 days written notice or notice by telephone before a designated weekend
Property Division
There are many decisions to be made when ending a marriage. Oftentimes, people going through a divorce can feel overwhelmed by the process and it can be an extremely emotional time for everyone involved.
Under Chapter 7 of the Texas Family Code, the general rule is that a court shall order a division of the estate of the parties in a manner that the court deems just and right, taking into account the rights of each party and children involved. Many factors can determine the just and right standard, and just and right does not always mean 50/50. Some factors include assets that were acquired before marriage and during marriage. Classifying property as separate or community property is not always clear-cut process and can be a daunting task depending on the number of assets involved.
The De Leon Law Firm is here to assist you in finding a solution to these types of issues and it’s important to have an advocate on your side. We are strong advocates who are committed to helping during this difficult time.
Reviewing Attorney
In some instances, people choose not to have a lawyer represent them in a matter for financial reasons. The De Leon Law Firm has options for people in this situation. You may have questions about a divorce decree that you or your soon to be ex-spouse has drafted and you have questions about it. Some of the more common questions can include questions about alimony, real estate transfer documents, visitation of a child, child support, or any number of other details of the divorce documents. We can help you with a review of your case and give you an idea of what kind of retainer we would need to proceed on a “reviewing” basis.
