Important decisions are made during divorce proceedings; these decisions can affect your future, your finances and your children. The Lincoln Law Firm, PLLC is dedicated to protecting your rights during your divorce. We want you to begin a new chapter in your life intact and with a clear outlook on your future.
To schedule your consultation, call 832-478-6750. You may also fill out a contact form and someone from our firm will be in touch with you soon.
Protecting Your Rights in Divorce Proceedings
Attorney Christine Lincoln represents individuals in divorce proceedings through the collaborative process and settlement negotiations, in addition to traditional litigation. A collaborative approach is encouraged in many situations, in order to save our clients money, time and the emotional investment of traditional adversarial proceedings but we recognize that this approach is not appropriate for everyone. Determinations about the following can be reached in both types of proceedings:
- Child custody — Child custody is known as "conservatorship" in Texas law. Conservatorship includes determining the child's primary residence and determining which parent or parents are allowed to make decisions for their children on matters such as healthcare and education.
- Parenting Plan — A schedule included in every divorce decree which specifically states when each parent spends time with the children, including holidays.
- Child support — Child support is primarily determined by statutory guidelines. The primary factor in determining child support is the paying party's income, but other factors, such as special needs of the child, may also be considered.
- Spousal maintenance — Spousal maintenance can be awarded on a temporary or permanent basis. Factors that are considered include the length of the marriage, and the age, health and earning potential of each party.
- Property division — Texas is a community property state. Property is divided in a "just and right manner." This does not necessarily mean an "equal" manner. Our firm has the capacity to handle complex property division.
Dividing a divorcing couple's assets is part of every divorce. At The Lincoln Law Firm, PLLC, we regularly present options of different property divisions to our clients. Our clients usually have a variety of assets. When dividing property, the court will consider disparity in earning power, length of marriage, number of children and in some situations fault may be considered. We are experienced in the following property division matters:
- Qualified Domestic Relations Orders (QDROs) — The court employs a QDRO to divide retirement benefits; we have access to a network of professionals, including individuals who prepare QDROs.
- Stock accounts — If necessary, we will consult with a Certified Public Accountant to ensure stock is divided fairly.
- Family home — Although ultimately the home may be sold as part of the order dividing property, we can seek a use and possession order requesting exclusive use of the family home or vehicle pending the final divorce order.
- Family business — We use business appraisers to determine the business' value and use this information to divide ownership rights fairly.
- Credit card debt — We will request that the court apportion equitably all known, existing credit card debt in the divorce decree.
- Tax implications of property division — It is important to look at how property such as homes and retirement accounts are divided to ensure the tax consequences are divided fairly between the parties. We have the experience and foresight to address these matters for you.
Contact us to schedule your consultation.
Monday-Thursday 8:30 a.m.-5:00 p.m. and Friday, 8:30 a.m. - 12:00 p.m. Please be advised the firms' hourly rate applies to the initial consultation.