Austin Divorce Lawyer

Newberry Law, PLLC: 100% Family Law

Austin Divorce Lawyer Protecting Your Children, Your Property, and Your Future.

Newberry Law, PLLC is a boutique Austin family law firm dedicated to providing comprehensive legal services in divorce, high net worth divorce, child custody, child support, post-divorce modifications, collaborative law, and appeals. Our founder, Joe Newberry, a native Austinite with a double major in Finance and Economics, brings a unique perspective to high-asset divorces, ensuring that even the most intricate financial matters are handled with precision. Whether you’re dealing with a high-stakes divorce, a contentious custody battle, or need assistance with post-divorce modifications, you want the best Austin divorce lawyer. Joe’s extensive experience and deep commitment to his clients make him a powerful advocate for your future. At Newberry Law, PLLC, we’re here to help you move forward with confidence.

Divorce

To file for divorce in Texas, either you or your spouse must have been a continuous resident of the state for the six months preceding the filing. Additionally, you must have lived in the county where you are filing for at least 90 days. Texas mandates a minimum 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized. However, the duration of the divorce process can extend from six months to a year, depending on the complexity of the issues involved. Texas allows for no-fault divorces, though allegations of fault, such as adultery or cruel treatment, can impact the division of property. An Austin divorce attorney at Newberry Law, PLLC can help you identify the appropriate grounds for your divorce and ensure that all necessary procedures are followed.

High-Asset Divorce

In Texas, it is presumed that all property acquired during marriage is community property, which is subject to equal division upon divorce. Overcoming this presumption requires clear and convincing evidence that certain assets are separate property. High-asset divorces often involve intricate financial details, including the division of retirement funds, stock options, pensions, and other assets with values that may not be immediately apparent. Additionally, intellectual property, multiple homes, and vacation properties may need expert valuation. Couples with family businesses, medical practices, or law practices may have differing views on the value of these entities. The Austin divorce attorneys at Newberry Law, PLLC collaborate with expert appraisers and financial specialists to ensure an equitable division of marital property.

Child Custody

In Texas, child custody is referred to as conservatorship. Conservatorship encompasses rights such as speaking with doctors and other healthcare providers about the child, accessing the child’s medical, psychological, and educational records, receiving information from the other parent about the child’s welfare, and consenting to emergency treatment. When parents reach a custody agreement, the court typically approves the settlement. However, disagreements can arise, and in such cases, the court presumes that joint managing conservatorship is in the child’s best interests. In certain situations, a parent may demonstrate that sole managing conservatorship is more appropriate. The experienced attorneys at Newberry Law, PLLC are committed to advocating for arrangements that serve the best interests of your child.

Child Support

Both parents have a financial obligation to support their child. Texas courts generally order child support in accordance with state guidelines, which base payments on a parent’s monthly income after specific deductions. Typically, the noncustodial parent pays child support to the custodial parent. This support obligation usually continues until the child turns 18 or graduates from high school, whichever occurs later. However, child support may end earlier if the child becomes emancipated through marriage or other means. If you have concerns about the child support you are receiving or being asked to pay, consult with the knowledgeable divorce lawyers at Newberry Law, PLLC for guidance.

Paternity

Paternity can sometimes be uncertain, and establishing it is crucial for clarifying certain rights and obligations. Paternity suits, which may involve determining paternity through a DNA test, can be brought to secure visitation rights for a biological father or to obtain child support from a father unwilling to pay. Paternity can also be established through a signed acknowledgment of paternity form or by presumption. In Texas, a man is presumed to be the father of a child if he is married to the mother at the time of the child’s birth or if the child is born within 300 days of their divorce. Additionally, presumption of paternity can occur if a man marries the biological mother after the child’s birth and voluntarily claims paternity or represents to others that the child is his. If you’re dealing with a paternity issue, the experienced Austin divorce lawyers at Newberry Law, PLLC can guide you through the legal process.

Pre-Marital and Post-Marital Agreements

In Texas, the Uniform Premarital Agreement Act governs pre-marital agreements, which must be in writing and signed by both parties before marriage. These agreements require full disclosure of each party’s debts and assets and must be signed in contemplation of marriage. Pre-marital and post-marital agreements can modify the default property rights established by Texas law, so it’s essential that both parties fully understand each other’s financial situation before signing. Certain conditions, such as unconscionable terms or signing under duress, can make these agreements unenforceable. The skilled attorneys at Newberry Law, PLLC can help you draft, review, or challenge pre-marital and post-marital agreements to ensure your rights are protected.

Modifications

Life changes, and so too can the circumstances surrounding a divorce or child custody arrangement. When significant changes occur, it may be necessary to modify the original divorce decree or custody agreement. If you need to adjust your child support obligations or custody arrangements due to a substantial change in circumstances, such as a job loss or a significant health issue, it’s crucial to act promptly. Austin divorce lawyer, Joe Newberry at Newberry Law, PLLC is experienced in handling modification requests and can help you present a compelling case to the court.

Enforcement of Court Orders

Enforcing court orders related to child custody, child support, or alimony can become necessary after a divorce. It’s important to remember that one parent cannot withhold child support payments or visitation rights as a form of retaliation. If your ex-spouse is not complying with court orders, an enforcement proceeding may be required. This could include seeking a contempt of court order, which might result in penalties such as fines or even jail time. The team at Newberry Law, PLLC is well-versed in enforcement actions and can assist you in ensuring that court orders are followed.

Collaborative Divorce and Alternative Dispute Resolution

Divorce proceedings can be contentious, but they don’t have to be. At Newberry Law, PLLC, we are experienced in using alternative dispute resolution methods, including collaborative divorce. This approach focuses on creating a safe, cooperative environment where spouses can resolve conflicts without the stress and expense of court proceedings. Collaborative divorce is particularly beneficial for families with children, as it minimizes hostile communications and protects privacy. By choosing this path, you can often reach a resolution more quickly and with less emotional strain. Our Austin divorce attorneys are committed to helping you navigate this process with care and efficiency.

Appeals

If you believe that a divorce decree or other court order was unfair, you have a limited time to file an appeal—typically within 30 days of the order being entered. Appeals are often reviewed for an abuse of discretion, meaning the lower court’s decision must have been arbitrary or not based on the law. The appellate process is complex, and not all cases qualify for appeal. The knowledgeable attorneys at Newberry Law, PLLC can evaluate your situation, determine if an appeal is appropriate, and represent you effectively in the appellate court.

Consult a Knowledgeable Austin Divorce Lawyer

At Newberry Law, PLLC, we are dedicated to helping our clients achieve their legal objectives. We understand that divorce can be both emotionally and intellectually challenging, and we provide the guidance and support needed to navigate these difficult times. Contact us today to begin discussing your situation with our experienced legal team.

Austin Divorce Lawyer helping clients in: AUSTIN | BEE CAVE | WESTLAKE | DRIPPING SPRINGS | ROUND ROCK | LAKEWAY | BUDA | KYLE | WIMBERLEY | BARTON CREEK | TARRYTOWN | HYDE PARK | PEMBERTON HEIGHTS

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