Waco Divorce Attorneys
Skilled Divorce Counsel in Waco, Lorena & McLennan County
Are you facing complex divorce matters? Sutton Milam & Fanning, PLLC represents both men and women in divorce-related cases across Lorena, Waco, McLennan County, and beyond. We have more than 30 years of experience in a wide array of issues ranging from property division to parenting time agreements.
Let our seasoned Waco divorce lawyers assist you with any of the following:
- Marital asset division, including the division of 401(k)s, pensions, real estate, oil and gas interests, and other community property
- Business valuations related to sole proprietorships, professional practices, and family-owned companies
- Parenting plans involving child custody arrangements, visitation schedules, and other concerns
- Spousal maintenance, formerly referred to as alimony payments, for the lesser-earning spouse
Divorce Is Serious. You Deserve a Serious Advocate on Your Side.
It has never been the winning party in a divorce who says having a good attorney didn't matter. In fact, the difference in most divorces is having a voice that tells your story. Don't settle for a "we will work it all out somehow" approach. You will likely be fighting for your children, your property, and perhaps even your dignity. In these situations, aggressive representation is paramount to real success. Divorce is serious, and the success you see will nearly always be directly related to the effort that goes into the development of your case.
Our Waco divorce attorneys take pride in our hard work and diligent preparation. Our approach has resulted in many strong results and satisfied clients over the years.
"I fired my first attorney and hired David and it turned out to be a great decision. Immediately, it was obvious why I was hearing such great things about him." — Lisa
How Would a Divorce Court Handle Property Division in Texas?
One of the greatest fears you may have when contemplating divorce is losing the property you have worked for, or not having sufficient assets to move forward after the divorce.
This is a common fear for people with varying income levels and net worth. Texas is a community property state, which means that you do not have to fight for your share. There are many ways you could divide the property.
How does a community property state work?
In a community property state, any property you and your spouse acquire during your marriage is deemed a part of the community estate or considered marital property. With limited exceptions, you have a 50% interest in all community property during a divorce proceeding.
What is included as marital property? Here are a few examples:
- 401(k)s and pensions
- Real estate
- Oil and gas interests
- Mortgage and the marital home
- Interest earned through business operations and investments
- Wages that either spouse earned while married
Separate property, on the other hand, includes any item that either spouse owned prior to getting married, or any item that a spouse received as a gift or inheritance. In addition, any money that either spouse earned following their separation date is considered separate property and thus is not subject to the state's community property laws.
What factors may affect property division in a community property state?
Texas is one of nine states, along with Puerto Rico, that has established community property laws. These laws are different from states that follow the principle of equitable distribution, where a judge determines what is a fair division. However, even in a community property state, certain factors might warrant the uneven distribution of debt or property. These factors might include marital fault and disparity of the spouses' earning capacities.
The First Time You Meet the Judge Is More Important Than You Know
When it comes to your children and your finances, your first meeting with the judge is critical. The temporary hearing is undervalued by many people. However, clearly establishing our clients' cases from the very beginning has led to more success than anything else.