Divorce: Answers To Frequently Asked Questions
At Benouis Law, dedicated family law attorney Catherine Benouis has practiced law for 30 years. She has an Avvo Rating of 10.0, demonstrating her high level of professional service and knowledge of the law. 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 can help save you money, time and headache. The process can help you avoid costly litigation when both spouses agree to certain terms such as child custody, visitation and spousal support. The main benefit of a collaborative divorce is that you and your ex do not have to fight in court, sparing your children and your family some of the pain of separation.
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 interest 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 greatly 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 people believe that 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 rather 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 the number of 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 I am 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, along with the fact that she has been divorced herself, makes 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 in your agreement.