Cedar Park Divorce Attorneys

We routinely handle divorces involving family-owned businesses, professionals, custody matters, and other forms of complex litigation. In addition, we can resolve all forms of business matters ranging from formation to a wide variety of business disputes. Our driving business philosophy is based on fidelity to the practice of law and a commitment to client service.

Legal Areas Incident to Divorce

Many of those who undergo the divorce process describe it as one of the most challenging experiences of their lives. Facing a longtime partner as a now-hostile party can certainly be a jarring experience. But many of the most difficult aspects of the divorce process can be reduced or even alleviated with the help of an experienced lawyer. Knowledge of the family law systems in use in Williamson County and Travis County also provides a significant benefit to those contemplating divorce in Cedar Park. Please continue reading below for an overview of a few topics divorce lawyers in Cedar Park can help their clients navigate.

Mediation

Mediation is a form of Alternative Dispute Resolution (ADR). Alternative Dispute Resolution exist as alternatives to the traditional litigation process. In Mediation, a disinterested, third-party (the mediator) is tasked with helping guide the conflicting parties to an agreed solution. Mediators are specially trained in conflict resolution and can be helpful for couples who would prefer to resolve their conflict without the time and expense of traditional litigation. The mediator has no power to compel a resolution, however. In the end, it is up to the parties to reach a solution. Many couples who opted for mediation describe the process as less stressful and much more empowering than traditional litigation.

 Arbitration

Arbitration is another form of ADR. Similar to mediation, the arbitration process includes a neutral, third-party (the arbitrator). The arbitrator’s role is different than a mediator’s role as arbitrators are endowed with decision-making authority. After hearing the arguments and examining the evidence of both parties, the arbitrator will make a final decision. This decision will then be reviewed by a county judge, who will then render an order according to the arbitrator’s decision. Arbitration is a voluntary process, meaning both parties must consent to its use. Like mediation, arbitration benefits couples by reducing costs and shortening dispute timelines.

Child Custody

Determining who will retain custody over a child can be one of the most difficult (emotionally and legally) aspects of any divorce litigation. Custody can be divided into two separate realms: legal and physical. The legal aspect of child custody refers to the parent or guardian’s right to make decisions that will impact the upbringing of the child. The physical aspect is the parent or guardian’s physical possession of the child. Unlike many other aspects of family law, child custody can be determined by Texas state courts only. In making determinations concerning child custody, courts are required to follow the Texas Family Code, which states, “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child” (Tex.Fam.Code § 153.002).

Pre-Marital Agreements

A premarital agreement is simply a private contract signed by two unmarried people in anticipation of marriage. Premarital agreements have seen a sharp rise in popularity among Cedar Park residents due to their ability to bypass some of the terms found within the state’s de facto marriage contract. One of the most common provisions included in Cedar Park premarital contracts is property characterization. This allows couples to specify precisely which assets and liabilities are the couple’s shared, or “community” property, and which are the spouses’ separate property.

Post-Nuptial Agreements

As the name implies, postnuptial agreements operate in much the same way as their pre-marriage cousin. The key difference between the two agreement types is that postnuptial agreements can only be signed by married spouses. Despite this difference, postnuptial agreements have many similarities with premarital agreements, as both types permit couples to address the unique circumstances of their relationships to bypass the state’s default rules.

 

Other Legal Areas

Estate Planning

Estate planning is simply the act of creating legally binding instructions for the disposition of property after death or incapacitation. Typically, an estate plan will be comprised of a number of different documents and legal instruments, each accomplishing a specific goal. Common components of estate plans for Cedar Park residents include: (1) the Will; (2) a Power of Attorney; (3) Advanced Medical Directives; and (4) a trust (depending on the circumstances). The creation of an estate plan can reduce a great a deal of stress and heartache for loved ones. In addition, estate plans may be amended or altered in any way to address changes in one’s values, goals, or circumstances. With the help of experienced estate planning lawyers, many Cedar Park residents have provided their loved ones with valuable peace of mind.

Business Law

Put broadly, business litigation refers to a family of disputes arising out of business interactions. Business litigation in Cedar Park can occur in one of several legal forums; if a traditional litigation route is selected, the most likely court will be a Williamson County court. But if the parties have agreed to forgo traditional litigation in favor of an alternative dispute method, then the forum could be a number of settings.

Contact a Cedar Park Attorney Today

For those with any questions relating to business or family law, please feel free to contact one of Kirker | Davis LLP’s experienced Cedar Park lawyers today at (512) 746-7304.