Divorce Lawyer Houston, Texas
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Free Consultation in family law cases.* Attorney Hector Chavana Sr. has been a family law attorney in Houston since 1982. He has taken a variety of divorce cases and custody cases, and he has helped clients defend their property rights and custody rights. Call Hector Chavana at 719-979-2941 to make an appointment with the attorney.
Divorce Attorney Hector Chavana can help you during difficult times.
You want experienced divorce lawyers to consider the effects your case will have on items acquire before the marriage and items acquired during the marriage. You may also have to consider the custody of the minor-aged children and any history of violence. In some cases, a protective order may be appropriate. A family attorney in Houston, like Hector Chavana Sr, can help you take the next steps of your life.
Divorces can be extremely stressful, but Attorney Chavana can help you explore different options like a divorce of mutual agreement and the mediation process which is a process that helps both parties negotiate the results of the divorce.
Often, the most pressing issues involved in a divorce are:
- Custody of minor-aged children
- The physical protection of spouses and children
- The assets of both parties
- The support of the minor-aged children
- Changing of the wife’s last name
- The process and legal tactics
Custody and Divorce Attorneys
Every client is different and has different priorities in their new lives they are longing after divorce. For some clients, the principal priority is child custody. Having access to one’s children is a constitutional right and a right recognized by Texas law. Furthermore, Texas law has a possession schedule that applies to the majority of cases. In most cases, the court will use the schedule mandated by the law with only two exceptions. If normal access puts the child at risk of physical harm, the court will opt for a different schedule that benefits the child. Secondly, if both parties agree to a schedule, the court will typically not deny the agreement. A divorce attorney can explain the probability of obtaining the possession of the children.
The schedule normally ordered by the court as part of a divorce is one parent has possession of the child during the week. The other parent will have possession of the child one afternoon during the week and the first, third, and fifth weekend of each month. Holidays are exchanged year by year. Normally the parent who does not have access during the week will have the child for approximately one month during the summer.
An important issue that can be identified by a divorce lawyer is a declaration of paternity if a child is from another parent. If a son or daughter is born during a marriage, Texas law assumes that the child is the child of their mother’s husband. In reality, a child can be from a father who is not the husband, especially if the spouses have separated for a significant time. In a case of this type, the husband should look for a statement that the child is not his.
The Physical Protection of Both Parties
In texas, a judge can determine if physical violence takes place in a relationship. The judge can sign an order that prohibits an abuser talking to another party, appearing in the other party’s house, sending text messages and a variety of other things. The order of protection was designed especially for family cases and a protection order can be registered even if the parties are not married. Unlike other civil orders, a family protection order requires a police officer to immediately arrest a person who is raping her. Additionally, a judge must consider the history of domestic violence that occurred during the past two years. An experienced divorce lawyer can request a family protection order.
Acquired Property During the Marriage
During the divorce process, a lawyer will face the question of what should be done with the property and the debts acquired during the marriage. Normally, a court assumes that any property acquired during the marriage is part of the marriage. When part of the marriage, the property is typically divided in half. If the parties do not reach an agreement, the judge can order that the property be sold and that the funds be divided in half. There are still exceptions to this rule. For example, if an asset was part of an inheritance, it is not considered part of the marriage, although it was acquired during the marriage. In addition, when a loan has been paid for a property with matrimony funds, a party may claim part of the payments, although the property was purchased before the marriage. For example, if a single person bought a house a month before getting married, but paid the monthly payments to the bank during the marriage, the wife does not own that house, but can claim half of the payments made because they were made with marriage fund. Call today for a consultation with a divorce lawyer.
For information on the other three rights listed above, see the lawyer’s page about familial rights.
Divorce Attorney Chavana has the experience to help with your divorce and move forward in your next steps. Hector Chavana graduated from TSU in Houston, Texas and maintains his office at 2702 Little York, Houston, TX 77093. He has decades of experience of being a lawyer for familial cases and practicing family law. Call 713-979-2941 to set up an appointment.
*Some Restrictions May Apply with the Free Consultation Offer. Call 713-236-9900 to see if you qualify for a free consultation.