Killeen Divorce Lawyer

Divorce is legally and emotionally challenging, and navigating this process requires preparation and support. Because your financial and parental rights are so important, securing professional legal representation from a family law attorney is a critical first step. An experienced Killeen divorce lawyer at Kimbrough Legal, PLLC, offers the calm, clear guidance you need to pursue divorce terms that protect your rights and help you move forward.

Understanding Divorce

The vast majority of divorce cases in this state are not based on wrongdoing by either spouse. Instead, the reason cited is what is called insupportability (Texas Family Code § 6.001), a legal concept similar to irreconcilable differences.

If you pursue a no-fault divorce, you do not need to prove your spouse’s wrongdoing, which simplifies the legal process. While you could choose to pursue a fault-based divorce, such as adultery, cruelty, or abandonment, most couples decide on a no-fault route to focus on resolution rather than assigning blame.

Most divorces in Texas are also settled out of court. This common practice means that you and your spouse can negotiate terms between yourselves. However, an experienced family law attorney from our firm in Killeen could negotiate on your behalf and help protect your interests.

What Does Your Divorce Settlement Include?

The common issues you might have to resolve in a divorce include the following.

Division of Marital Property

Every asset you and your spouse acquired during your marriage, whether together or separately, is considered marital property. These assets must be divided between you fairly, based on the unique circumstances of your divorce, based on what Texas calls a just and right division. Though this often means an equal division, the circumstances may warrant an unequal split.

Separate property is any asset that either of you owned before you married. To be considered separate property, the assets must be kept strictly apart from marital assets throughout the marriage, which can be extremely difficult to do. At the outset, courts in this state presume all assets are marital property, and you must clearly prove their separate nature to claim an asset as yours alone.

Child Conservatorship Arrangements

Child conservatorship arrangements in Texas address both decision-making and possession and access to the child. These are determined in relation to the children’s best interests. The state begins with the presumption that continuing to have both parents closely involved in their lives benefits your children. A court will deny a parent’s rights only if there is a serious reason to do so.

Conservatorship addresses the parental responsibility for making major decisions regarding your children’s upbringing. Examples include decisions about their:

• Schooling
• Health care
• Religious education
• Participation in extracurricular activities

Possession and access refer to parenting time and communication access to your children, which is the schedule that determines when the children will be with you and when they will be with their other parent. Generally, both parents can expect ample parenting time, but one may assume the role of primary conservator. This often involves having more parenting time and choosing where your children make their primary residence within the geographic parameters set by the court.

Child Support

Child support is calculated according to clear state guidelines. A court will only deviate from these guidelines if there is a significant reason to do so. Generally, the noncustodial parent pays child support to the primary conservator. Even when the parents split parenting time evenly, the higher earner is usually responsible for the child support obligation.

Spousal Maintenance

In Texas, alimony is called spousal maintenance or spousal support. This payment system applies only when one spouse lacks the means to cover their reasonable needs and the other is financially able to help. Spousal maintenance is generally temporary, lasting only as long as the recipient needs to gain greater financial independence, such as by furthering their education. An attorney skilled in handling divorce cases could answer your questions about whether you qualify for spousal maintenance in Killeen.

Call a Killeen Attorney Today to Discuss Your Divorce Concerns

A dedicated Killeen divorce lawyer at Kimbrough Legal, PLLC has the experience to guide you through the challenging process while protecting your parental and financial rights. Our team is ready to support you in beginning a new chapter in life, so please contact us to discuss your case today.