Divorce Attorney in McAllen, TX

Your Trusted Lawyer for Property Division, Child Custody & Support in Southern Texas

Most everyone dreads the idea of going through a divorce. At The Christopher P. Cavazos Law Firm, PLLC, our McAllen divorce lawyers want to take away the stress and hesitation you might be feeling about your divorce by providing you with comprehensive, compassionate, and honest legal representation from start to finish.

With our hands-on approach to casework, you will find that we genuinely want to see you through this difficult time, all the while protecting your best interests when it comes to child custody, child support, spousal maintenance, property division, and more.

Ready to Start Your Divorce?
Call us today at (956) 290-8911 or contact us now to schedule your consultation.

Understanding Family Divorce in McAllen: Local Insights and Resources

Living in McAllen, TX, means being part of a community with unique challenges and resources. When facing a divorce, it’s important to work with a legal team that understands local family law. At The Christopher P. Cavazos Law Firm, PLLC, we are experienced with the specific nuances that affect McAllen residents.

Child custody and support can be particularly challenging in McAllen, especially with the role of local courts like the Hidalgo County Courthouse. Understanding the local judicial system can have a significant impact on your case. We guide our clients through this process, ensuring they are well-prepared and informed.

McAllen’s proximity to the border also adds complexity to property division and spousal maintenance. Local economic factors can influence how assets are divided. Our team is well-versed in these issues and is dedicated to protecting your interests throughout the process. We are here to help you navigate these challenges with confidence.

Types of Divorce in Texas: Contested vs. Uncontested

Understanding the differences between contested and uncontested divorce is essential when deciding how to proceed. Here’s a breakdown:

Contested Divorce

A contested divorce occurs when spouses cannot agree on key issues, such as:

• Child Custody: Disagreements on where the children will live and who will make important decisions for them.
• Property Division: Disputes over how to divide assets and debts.
• Spousal Maintenance (Alimony): When one spouse asks for financial support from the other.

In a contested divorce, you will likely go to court, and a judge will make decisions for you. This process can be lengthy, costly, and emotionally taxing, but it's necessary when spouses cannot reach an agreement on important matters.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all major issues. This includes:

• Child Custody & Support
• Division of Property
• Spousal Support

Since the spouses already agree on terms, this type of divorce requires less legal intervention. It’s often faster and more affordable. You and your spouse may still need to attend court for final approval, but the process is usually much smoother.

Spousal Maintenance (Alimony) in Texas

Spousal maintenance, also known as alimony, may be awarded to one spouse after a divorce. Here are key details to know:

Eligibility Criteria

In Texas, spousal maintenance is typically only awarded if:

• One spouse is unable to support themselves due to a disability.
• The marriage lasted 10 years or more, and the requesting spouse cannot meet their financial needs.
• There is a history of family violence.

Factors for Determining Amount and Duration

The court will consider several factors, such as:

• The length of the marriage.
• The financial needs and resources of both spouses.
• The recipient spouse’s ability to earn income.

Modifying or Terminating Spousal Maintenance

Spousal maintenance can be modified or terminated if there is a significant change in circumstances. This could include:

• The recipient spouse’s ability to become self-supporting.
• A change in the paying spouse's financial situation.

Child Custody and Visitation Rights in McAllen, TX

Child custody is often the most emotional and challenging part of a divorce. Here’s what you should know about child custody laws in McAllen:

Legal Custody vs. Physical Custody

• Legal Custody: The right to make decisions about the child’s education, healthcare, and religious upbringing.
• Physical Custody: Where the child will live on a day-to-day basis.

In Texas, both types of custody can be shared or awarded to one parent, depending on the circumstances.

Factors That Affect Custody Decisions

Texas courts always prioritize the best interests of the child. Factors include:

• The child’s relationship with each parent.
• The child’s preferences (if they’re old enough to express them).
• The mental and physical health of both parents.

Visitation Schedules

Visitation schedules define when the non-custodial parent will spend time with the child. This includes:

• Weekends and holidays.
• Summer break and school vacations.

Schedules are typically set to ensure both parents have meaningful time with the child.

Modifications to Custody Orders

Custody orders are not set in stone. They can be modified if there’s a significant change in circumstances, such as:

• A parent moving to another state.
• Changes in the child’s needs or the parents’ ability to care for the child.

Understanding these important aspects of divorce and child custody in McAllen will help you make informed decisions during your case. If you have questions or need legal guidance, don’t hesitate to reach out.

Need Help with Child Custody or Property Division?
Reach out to us at (956) 290-8911 for guidance. Contact us today to get started!