Helping Texas Families Find A New Future

Last updated on August 13, 2024

Divorce is never easy, even when spouses agree that it is the best path forward. It can be an emotional and stressful time. Austin divorce attorney Catherine Benouis is board-certified by the Texas Board of Legal Specialization in family law, and she was selected to the 2024 Super Lawyers list. She is committed to helping clients and their families move forward in a healthy and positive way. At Benouis Law Ltd., LLP, the entire team works to guide you through the process as you move into the next phase of your life.

As a client of the firm, you can expect the following:

• Counsel from Catherine Benouis, board-certified by the Texas Board of Legal Specialization in family law
• More than 30 years of legal experience
• Handles all types of family and divorce matters
• Cultivates partnerships with our clients
• Quality legal advocacy and client service
• Clarity to make strategic decisions

If you are currently considering divorce or have been served with divorce papers, do not wait another moment to speak with the firm’s compassionate legal team. Call 512-764-3932 to request your confidential consultation to get started.

Divorce Laws In Texas: What You Need To Know

At this stage, you probably have a million questions about your future and your family. You’re most likely wondering what the divorce process looks like. The process is unquestionably difficult; however, it is relatively straightforward, and Benouis Law is here to walk you through each step.

Texas’ divorce process typically involves the following steps:

• Issuing temporary orders (which detail how you and your spouse will operate during the process of separation)
• Gathering of information (including assets, property, debts and paperwork)
• Detailing options for resolution (such as negotiating a settlement or litigating in court)
• Reaching a full or partial agreement for the divorce
• Drafting a final divorce decree
• Finalizing a divorce
• Monitoring a post-divorce situation

Part of working effectively through a divorce or family law case involves providing expertise about the cost-benefit analysis of making various choices and decisions in your case. The firm focuses on producing the results you are looking for. The firm also assists in the problem-solving that will lay the groundwork for healthy co-parenting in the future.

Divorce: Answers To Frequently Asked Questions

At Benouis Law, dedicated family law attorney Catherine Benouis has practiced law for 30 years. She was chosen for inclusion in the Texas Super Lawyers list in 2022 and 2023. In addition, she is a Master Credentialed Collaborative Divorce attorney credentialed through Collaborative Divorce Texas. Ms. Benouis and her team can answer your questions and provide help when you need it most.

What is collaborative divorce? How can it help me?

Collaborative divorce is an alternative to litigation for divorcing couples. Litigation can often be unpredictable, expensive, inconvenient and destructive to the personal relationships of those involved. The collaborative divorce process involves working together with a team of professionals to negotiate terms that are equitable to both parties. Collaborative divorce can help save you money, time and headaches.

How are assets divided during a divorce?

The more assets you have, the more complicated the property division process can be. Issues regarding what makes up your marital property, including real property and retirement and investment accounts, can be contentious and often require the help of a skilled divorce lawyer and financial professionals.

Business owners, in particular, should seek assistance from an experienced divorce attorney, as dividing their interests can be extremely complicated. At Benouis Law, Ms. Benouis and her team always seek to protect your best interests throughout the divorce process.

What happens if I have a prenuptial agreement?

A pre- or postnuptial agreement can significantly expedite the divorce process. Agreeing on major issues before you are even married can help you in the worst-case situations of death or divorce. Many believe these agreements are “bad luck” before marriage, but agreeing on terms can avoid contentious litigation, stress and arguments over property division.

Who will get custody of my children?

The answer to this question depends on your circumstances. The law does not favor child custody to go to a father or a mother but instead looks at what is in the best interests of your children. The court will take into account any instances of abuse, the conditions and the standard of living of your children, as well as their wishes if they are old enough.

Will I be awarded spousal maintenance?

In order to receive spousal maintenance, you must show the court that you do not have enough property or assets to meet your reasonable set of needs. Each case is different, and the court system can be very particular about what it awards.

How is child support calculated in Texas?

Child support payments are based on how much a parent makes per month and how many children they have. For example, for one child, they will pay 20% of their income. For two children, they will pay 25%. Ms. Benouis can tell you exactly what you or your spouse will owe, given your specific situation.

Can I change my child support payments if I can no longer afford to pay?

Yes. If there has been a substantial change in your situation, the court may agree to modify your support obligation. Qualifying circumstances may include job loss, decreased salary or the birth of a new child.

What should I look for when choosing a divorce lawyer in Texas?

You should look for someone you can trust and someone who has experience. Catherine Benouis is board-certified by the Texas Board of Legal Specialization in family law. This unique qualification and the fact that she has been divorced make her relatable and knowledgeable.

What will happen to my retirement account when I divorce?

There are many ways to navigate this. You and your partner can agree to keep your own retirement accounts and not divide them. You could also “cash out” your spouse’s share in your divorce agreement and give it to them. Due to the complexity of this situation, you can discuss your specific options with Ms. Benouis.

If I have a prenuptial agreement, will it hold during the divorce?

The goal of these documents is to protect both spouses should a divorce ever occur. While they are intended to simplify the divorce process by determining some terms of the divorce ahead of time, there are situations where people will fight them. Whether or not your prenuptial agreement holds will depend on the circumstances under which it was signed and the specific terms of your agreement.

How Benouis Law Can Help You

Contrary to popular belief, all divorces do not need to be contentious or difficult. Part of having a straightforward and successful divorce is being assertive, strategic and informed throughout the duration of the process. The firm knows that it can be tempting to allow emotion to cloud your judgment and decision-making process, but staying focused on what truly matters can help you make empowered decisions for the future.

At Benouis Law, it is the firm’s job to take care of all of the legal details so that you can take care of yourself and your family. The firm strives to help you get through your divorce or family law matter with the least damage and downtime possible. Ms. Benouis looks forward to assisting you.

If you have questions about your rights, do not wait another moment to contact Benouis Law. Call 512-764-3932 or contact us online to schedule an appointment.