Round Rock Divorce Attorneys
Kirker Davis LLP is a boutique law firm in Central Texas with Round Rock divorce lawyers focused on high-end family law cases, estate planning and business law. Kirker Davis family law attorneys handle divorces involving professionals, family-owned businesses, custody matters, and complex litigation. Similarly, we handle business matters ranging from business formation to a wide variety of business disputes, including issues pertaining to business contract disputes. The Firm’s core business philosophy is based on fidelity to the practice of law and a commitment to client service.
Considering or approaching divorce can be one of the most overwhelming experiences in a person’s life. However, knowledgeable and skilled legal counsel can alleviate the stress associated with divorce in many ways, not the least of which is empowering clients with information and knowledge related to Williamson County’s family law system and the client’s options in their Round Rock divorce. Below is a brief overview of just some of the topics a Round Rock attorney can help clients navigate.
Arbitration is a form of “Alternative Dispute Resolution” (ADR), meaning that it is an alternative to traditional courtroom-based divorce litigation. In Round Rock divorce arbitration, a neutral, third-party arbitrator (typically a family law attorney or a retired family judge) assumes the role of both judge and jury and hears both parties’ arguments, positions, and evidence before rendering a final decision. Arbitration is a voluntary process which provides many unique benefits including, but not limited to, the following: cost-effectiveness, efficiency, control, flexibility, and finality.
Mediation, like arbitration, is a form of Alternative Dispute Resolution. In Round Rock mediation, a neutral, third-party individual who is highly trained and skilled guides the divorcing spouses through the mediation process, hopefully towards resolution. The mediator does not issue any decision, they merely work with the couple in order to find solutions that are mutually beneficial. Most often, mediation is cost-effective, less stressful than litigation, and efficient.
For divorcing couples with children, child custody is often one of the most stressful parts of their divorce. In Round Rock, as well as throughout Texas, child custody is divided into two distinct categories: legal and physical. Legal custody refers to a parent’s right to raise a minor child and make decisions regarding that child’s daily life. Physical custody refers to physical possession of the minor child. The Texas Family Code 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). In determining the best interests of the minor child, Williamson County courts will take a variety of factors into consideration.
Pre-marital agreements are those drafted by two unmarried people in anticipation of marriage. Pre-marital agreements are becoming increasingly prevalent throughout Round Rock and offer couples an opportunity to bypass many state-imposed default rules. One such example is that, while Texas considers nearly all property obtained during marriage as “community property”, a pre-marital agreement can specifically designate certain property as separate according to the parties’ wishes. Indeed, pre-marital agreements can be tailored in infinite ways to meet the circumstances and needs of the couple.
In contrast to pre-marital agreements, post-nuptial agreements are those drafted after marriage. Post-nuptial agreements share many similarities with pre-marital agreements, including the opportunity for the couple to tailor the agreement to meet their particular circumstances and needs and to bypass many of the state-imposed default rules.
An estate plan often includes but is not limited to:
The importance of maintaining an estate plan that reflects your current situation and wishes is critical; failure to draft an estate plan can entail unnecessarily burdening your loved ones after your death. Likewise, if you fail to review your estate plan upon certain events, the plan may not accomplish the goals that you initially intended. It is highly advisable to work with an estate planning attorney to protect your hard-earned property and loved ones.
Business litigation refers to disputes arising out of commercial and business relationships. Round Rock business litigation can take place in a variety of forums, including a Williamson County courtroom through traditional litigation or, pursuant to a contractual agreement, in a private arbitration setting. Each possible forum has benefits and downsides, all of which an experienced attorney can thoroughly advise business clients on.
If you have questions relating to family or business law, contact a Round Rock divorce attorney, family lawyer, business lawyer or estate planning attorney today by calling our office at (512) 746-7304.
As the Family Law Partners at their previous firm, Chris M. Kirker and Holly R. Davis oversaw a family law litigation practice of up to fourteen family law attorneys in three offices throughout the State. The success of their business practices, based on creative and innovative approaches to the profession, have changed the way family law firms operate in Central Texas, an impact which will last for years to come.
Prior to forming Kirker Davis LLP, Holly R. Davis and Chris M. Kirker were Partners at a highly successful law firm in Austin, TX. Holly R. Davis joined the firm after graduating from Baylor University School of Law in 2006. Chris M. Kirker joined the firm in 2011, after also graduating from Baylor University School of Law in 2010.
At Kirker Davis LLP we can help you through a variety of issues you may find yourself confronting in the course of ending your marriage. Call us at (512) 746-7304 to speak with a thoughtful, dedicated attorney.
Awards and Accolades
Holly R. Davis
Top 40 Under 40, National
Trial Lawyers, 2015-2020
Chris M. Kirker
National Trial Lawyers: Top 40
Under 40 Trial Lawyer – 2012-2020
Holly R. Davis
Top Ten Ranking, National Academy
of Family Law Attorneys, 2014-2020
Chris M. Kirker
National Trial Lawyers: Top 100 Trial
Lawyer in the State of Texas – 2014-2020
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Frequenly asked questions
In Texas, there is a 60-day minimum waiting period for divorce cases. That means that in between the date that you first file for divorce and the date that you request the Court to sign your Divorce Decree, there must be at least 60 days. On average, most cases take at least four months to resolve. However, there are always exceptions. If you and your husband or wife have an agreement as to the rules about your children and the division of your community estate, it is possible that an attorney at Kirker Davis LLP can help you draft all of the required paperwork, including a Divorce Decree, and assist you in obtaining the Court’s signature on the Decree on the sixty-first date after the filing for divorce. This is the fastest possible outcome.
Finalizing your divorce in that short window of time is possible for some families. But often, it takes time for people to determine what their community estate is and then reach agreements as to how to divide it. Even if you believe your divorce to be relatively simple or easy, it is possible that you have not considered something that could provide a benefit to you or your children. It is a good option to have an attorney at Kirker Davis LLP review any potential agreements that you have reached so that you can consider your options and reduce risk in your divorce before signing on the dotted line of a Divorce Decree.
One of the first things that we ask our clients to do at Kirker Davis LLP is to provide us with information about their vehicles, real property, bank accounts, mortgages, credit card balances, brokerage accounts, inheritances, businesses, business interests, trust accounts, retirement accounts, stock, restricted stock, and other assets. When we have a complete list of what you own, we can then discuss how you’d prefer to divide it up. Providing information to your attorney is the first step in our process. Exchanging that information with your spouse and their attorney is typically the next step in our process. Reaching an agreement between a husband and a wife about how to divide it all up can be the most complicated part of the divorce. Depending on what you and your spouse agree to, it can be an easy task, or it can be drawn out and complicated. If your community estate is valued in the millions of dollars, you will want to have it thoroughly reviewed to examine the implications of its division so as to not put at risk hundreds of thousands or millions of dollars. If husbands and wives cannot agree to the division of their estate after exchanging information between themselves, a court may divide the estate up after notice and a hearing. It is imperative that parties have the assistance of an attorney at those hearings given the thousands of dollars at stake.
While Texas does not recognize a formal legal separation, we work hard at Kirker Davis LLP to help you consider your options when you are not quite ready to file for divorce. Our attorneys believe that speaking with potential clients weeks before they discuss divorce or move forward with any decision is the best course of action so that the potential client is as informed about their options as possible.
At Kirker Davis LLP, we have helped families create rules for their temporary living situations, rules for the payment of temporary liabilities and expenses, rules for temporary possession schedules for children while parents live apart, and a process by which a husband and wife can exchange information about their estate, assets, real estate, liabilities, brokerage accounts, mortgages, stocks, bank accounts, trusts, vehicles, and college savings accounts in the event that they do decide to move forward with a divorce. Because Texas does not recognize a formal legal separation, it is imperative that you discuss a creative legal alternative with an attorney at Kirker Davis LLP by calling (512) 746-7304.
If a business was created before a marriage, there is an argument that the business should not be included in the divorce. If the business was formed after marriage, it may be community property. If it is community property, it could be divided in the divorce process. A community estate is comprised of assets that have accumulated during the marriage. Our goal at Kirker Davis LLP is to provide business owners and their spouses the information they need to proceed with their divorce without impacting the success of the business they worked so hard to build.
At times, people do not quite know whether or not their business is community or separate property. The characterization of the business may be one of the most crucial questions of the entire divorce. It makes sense, then, to speak immediately with an attorney at Kirker Davis LLP to determine what your rights are, and how you can begin to protect your important assets.
You may need the assistance of a business valuation expert to help assign a value to the business interest if it is community property. You may need to speak with an attorney about the value of the rest of the community estate to ensure that the business can be awarded to the business owner and a fair amount of the remainder of the community estate to the business owner’s spouse. Oftentimes, speaking with an attorney weeks before considering the divorce process is beneficial to the business owner or the business owner’s spouse so that you can begin to gather the necessary information that will be needed in the divorce.
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