Paula McCulloch » Traditional Approach

Collaborative Law

admin — Mon, 28 Nov 2022 12:35:59 +0000

My law office has available two options for handling matrimonial law issues: Adversarial or Collaborative. Before you consider the divorce options in your life, you may want to acquaint yourself with these two options in more detail.

The traditional approach is adversarial. This approach involves both spouses having their own lawyers who guide them through the divorce process pursuing discovery of facts related to the issues of property and children as needed and litigating issues that cannot be resolved between the attorneys or through mediation.

A second approach is collaborative law. This approach also involves both spouses having their own lawyers, but there is a commitment not to got to court to litigate disputes but to concentrate on interest based negotiations vs. purely positional bargaining. There is a structure and time-line for the resolution process that begins with a written commitment agreement concerning the conduct and behavior of the parties to create a atmosphere to communicate and resolve conflict in a civil manner using mutually selected neutral experts as needed to facilitate a mutually agreeable solution.

Division of Property

admin — Thu, 16 Feb 2017 11:34:30 +0000

What kind of divorce case qualifies for a disproportionate property division award?
The court will consider a number of different factors to decided whether a disproportionate property division award may be appropriate. Divorces granted on fault grounds plus the following factors, often form the basis for a disproportionate share of the property being awarded to one spouse over the other:

the disparity of incomes or earning capacities of the spousess,
the spouses’ capacities and abilities,
benefits which the party not at fault would have derived from a continuation of the marriage,
business opportunities of the spouses,
education of the spouses,
relative physical conditions of the spouses,
relative financial conditions of the spouses,
differences in the size of each spouse’s separate estate,
the nature of the property to be divided,
fault in the break up of the marriage, and
attorneys fees of the parties.

Of course, evidence of fraud, length of marriage, custody of children, tax consequences and liabilities, size of separate estate, health of the spouses, age of the spouses, future employability, need for future support, credit for temporary alimony paid, wasting and concealing of community assets, reimbursement, debts and liabilities, and nature of the property in the community estate are important factors to determine if the estate should be split 50/50, 45/55, 60/40, 65/35, etc.

We take the time to find out the details of your case and explain your options so that you can make the best choices for yourself and your future.

What if my husband is self employed? How will that effect property division and child support?
When the community estate includes a close corporation, partnership, sole proprietorship, or business of some kind, there will be a need to obtain a financial expert (1) to examine the business records and find the fair market value of the business as a part of the community estate and (2) to determine the earnings of the self employed spouse for purposes of determining child support. We rely on experts that have forensic experience in gathering the data to testify as to the value of business interests and as to the profitability of the business from both the viewpoint of the business owner and of the spouse unfamiliar with the workings of the community property business interest.

Grounds for Divorce

admin — Wed, 15 Feb 2017 11:42:56 +0000

Most of us can expect a traditional divorce.
Each spouse may have individual ideas how the property and children should be handled in dissolving their marriage. Attorneys rely on the Texas Rules of Procedure and Evidence to process the divorce through the Courts to a conclusion. This is a reasonable process with the help of your attorney in most cases.

Do you have grounds for divorce?
You will want to discuss this issue with your attorney to determine what grounds for divorce may be available to you in your divorce case.

Does it matter what grounds for divorce that you may have?
Yes, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. A divorce granted on these grounds often will be the basis for an equal split of the community property by the Court.

Other grounds for divorce, that are fault grounds, include, Cruelty, adultery, conviction of felony, abandonment, living apart without cohabitation for at least three years, and confinement in mental hospital.

Child Support

admin — Sun, 31 Aug 2008 23:27:27 +0000

How does Child Support work?
Texas has established a number of guidelines to help courts approach child support issues. If the amount of the child support obligor’s monthly net resources are not greater than $7,500.00 dollars per month, then the court shall presumptively apply the following rate:

1 child              20% of Obligor’s Net Resources
2 children         25% of Obligor’s Net Resources
3 children         30% of Obligor’s Net Resources
4 children         35% of Obligor’s Net Resources
5 children         40% of Obligor’s Net Resources
6+ children       Not less than the amount for 5 children

There is a lot of information about child support that may be pertinent to your case that may be found in the Texas Family Code, or just ask your attorney to fill you in and tell you how the law applies to your particular situation.

Although Texas has Guidelines for Child Support, what other factors are considered when the Court sets child support?
In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors including:

age and needs of the child;
ability of the parents to contribute to the support of the child;
any financial resources available for the support of the child;
the amount of time of possession of and access to a child;
the amount of the obligee’s net resources;
child care expenses incurred by either party in order to maintain gainful employment;
whether either party has the managing Conservatorship or actual physical custody of another child;
the amount of alimony or spousal maintenance actually and currently being paid or received by a party;
the expenses for a son or daughter for education beyond secondary school;
whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
provision for health care insurance and payment of uninsured medical expenses;
special or extraordinary educational, health care, or other expenses of the parties or of the child;
the cost of travel in order to exercise possession of and access to a child;
positive or negative cash flow from any real and personal property and assets, including a business and investments;
debts or debt service assumed by either party; and
any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

We can help protect your interest in all aspects of your divorce process.