Divorce
Divorce involves the legal dissolution of a marriage, and it can be a complex and emotionally challenging process for your entire family. Whether your divorce was initiated by you, your spouse, or a decision you made together, having an experienced divorce attorney is the best decision you can make to ensure you understand your options and how to best protect you and your family’s interests going forward.
At Crozier Family Law is committed to developing a custom approach to assist each client navigate the divorce process. We take a custom approach because your divorce is unique to you and your family and there is no one size fits all solution to divorce. Crozier Family Law strives to serve our clients by understanding the client’s emotional and financial goals in their divorce, then coming up with a tailored approach for that client. While divorce may be the end of a chapter, it is certainly not the end of a client’s story, and having a dedicated attorney to guide, support, and advise you through to your next chapter can truly make a difference.
Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce.
Child Custody
Your children come first and protecting their best interests is always a top priority, especially when going through a divorce. Issues concerning child custody and conservatorship can become highly contested, even if you and your co-parent are trying to be as amicable as possible. At Crozier Family Law we understand how important it is to parents to protect the little hearts throughout the divorce process and to put the best interests of your children first.
Conservatorship of a child in Texas refers to the rights and duties each parent has to their child. These rights and duties are related to the decision making involving the child when it comes to matters such as education, medical treatment, and the child’s residence. Depending on you and your child’s circumstances the parties may be joint managing conservators of a child, or one parent may be a sole managing conservator and the other parent a possessory conservator. There are many factors that determine conservatorship and Crozier Family Law can help you navigate your unique circumstances.
Child custody in Texas refers to what possession and access each parent has to the child. This is often the most important thing a parent or court will decide during a divorce. Determining what possession and access schedule is best for your child is complex. While the Texas Family Code sets forth some guidance, many parents agree to deviate from the standard schedules depending on their unique circumstances and what is best for the child. Crozier Family Law works with you to develop solutions concerning what possession and access schedule is best for your child.
If parents cannot reach agreements regarding child custody and/or conservatorship, at a final trial the court will decide what is in the best interest of the child, and it may be contrary to the desires of a parent. Joint custody and joint managing conservatorship are generally preferred by courts, as it allows both parents to remain actively involved in their child’s life. However, if the court determines that joint custody or joint conservatorship is not in the child’s best interests, it may deviate from this. Factors considered in child custody conservatorship decisions include the child’s age, physical and emotional needs, the parents’ ability to provide for the child, and any history of family violence or substance abuse. The court’s focus is on the best interest of the child and to ensure a stable and supportive environment for the child.
Your children are unique and at Crozier Family Law working with clients to create a tailored approach for their family is important. Protecting your child’s emotional well-being and your rights as a parent are at the forefront. Crozier Family Law is experienced in representing clients and keeping the focus on the best interest of the child to protect those little hearts affected by divorce. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce involving child custody and conservatorship.
Child Support
Child support in Texas is a financial obligation a parent pays to help support the costs of raising a child. The purpose of child support is to ensure that the child’s needs are met, including expenses for food, clothing, shelter, education, and healthcare.
The amount of child support is typically determined based on a parent’s income and the number of children they are responsible for supporting. The Texas family Code provides guidance as to how to calculate child support payments, using a percentage-based formula to calculate child support, which considers the parent’s net resources and applies a specific percentage based on the number of children. These standard guidelines do not consider each a child’s unique circumstances or the family’s complex financial situations. At Crozier Family Law we work with clients to evaluate if the standard child support calculation is appropriate for their circumstances, or if a customized approach is best for determining child support. Contact Crozier Family Law at
(972) 665-8113 to discuss how our experience can help you navigate your divorce involving child support.
Collaborative Divorce
Collaborative divorce in Texas is an alternative dispute resolution process where the parties agree to work together with a team of attorneys and other professionals, such as mental health and financial experts, to settle the terms of their divorce outside of the courtroom. During the collaborative process, the parties, attorneys, and other professionals have joint meetings to negotiate the terms of their divorce.
One of the key benefits of collaborative divorce is that it tends to be less stressful, not stress free because no divorce is. The collaborative approach allows parties to maintain more control over the outcome, as they are directly involved in negotiating the terms of their divorce, rather than leaving decisions up to a judge.
In Texas, the collaborative divorce requires that both parties sign a participation agreement, committing to the collaborative process and agreeing not to go to court. If one of the parties decides to opt out of the collaborative process and the case goes to litigation, the attorneys and other professionals involved in the collaborative process must withdraw, and the parties must hire new legal representation. This requirement encourages both parties to fully commit to the collaborative process and work towards a resolution, knowing that failure to do so will result in additional time and expense to finalize a litigation based divorce.
Collaborative divorce may be the best option for you if you want to protect your children and their privacy, you want to keep your financial information confidential from the public, you have a unique family situation, or you want more control over the outcome of your divorce and want to avoid the courtroom. Crozier Family Law is experienced in representing clients in the collaborative divorce process and can help you decide if the process is the right choice for your divorce. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce and to determine if collaborative divorce is an option for you.
Common Law Marriage/Divorce
Common law marriage, also known as informal marriage, is recognized in Texas. For an informal/common law marriage to be valid in Texas, the parties must have the capacity to enter into a marriage, and three conditions must be met: both parties must agree to be married, they must live together as a married couple, and they must present themselves to others as being married. Unlike a formal marriage, there is no need for a marriage license or a ceremony.
There is no such thing as “informal divorce” in Texas and the parties cannot just agree that they are not married because once married, formally or informally, the parties must divorce. Should the parties fail to properly divorce and later marry another person, the subsequent marriage may be invalid.
Proving the existence of an informal/common law marriage can be challenging, especially if one party denies the existence of the marriage or that any of the three conditions were satisfied. If a party challenges the existence of an informal/common law marriage the court must first determine the parties are married. If the court finds that the parties are informally/common law married, then going through the divorce process is next. Crozier Family Law is experienced in representing clients in the complex area of informal/common law marriage. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your legal matter concerning common law marriage and divorce.
Contested Divorce
A contested divorce is when spouses cannot agree on one or more key issues related to their divorce terms. This type of divorce typically involves a more complex and lengthy legal process, as it requires the parties to have a final trial regarding the disputed matters. At a final trial a judge will hear testimony, consider evidence presented, and make rulings on the contested issues. The judge’s decisions are legally binding and must be followed by both parties.
Just because a divorce begins as contested does not mean that your divorce will be highly contentious. Sometimes parties are able to settle some of their disputes through attorney negotiations, informal settlement, or mediation, leaving one or a few issues for final trial. Settling some of the terms before final trial can also help keep legal fees lower. Even in contested divorces many, but not all courts, require the parties attend mediation before a final trial. Crozier Family Law is experienced in helping clients navigate through the complexities of a contested divorce. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your contested divorce.
Divorce Arbitration
Divorce arbitration is an alternative dispute resolution method where a neutral third party family law arbitrator decides the terms of the divorce. The parties must agree to the divorce arbitration process. The arbitrator is sometimes a retired judge or an attorney with specialized family law arbitration training. Much like a final trial, the arbitrator will hear testimony, arguments of the attorneys, and consider the evidence presented when making a final binding decision for the terms of the divorce. Many people are choosing to pursue divorce arbitration due to privacy concerns and to expedite the divorce process. Crozier Family Law can help you determine if divorce arbitration is right for your situation. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce and determine if divorce arbitration is an option for you.
Divorce Settlement
Did you know that most divorces in Texas settle outside of the courtroom? Around 95% of all divorce cases filed in Texas never go to a final trial and the parties reach settlement agreements for the terms of their divorce. Negotiating a divorce is important because it allows the parties to maintain more control over the outcome, avoiding the uncertainty and stress of a courtroom trial, and having a skilled attorney who knows how to negotiate the terms of a divorce is even more important. Through negotiation, parties can privately address sensitive issues like finances, child custody, and support arrangements in a way that reflects their individual needs and priorities. This process often leads to more amicable resolutions, helps preserve relationships—especially where children are involved—and significantly reduces the financial and emotional costs typically associated with litigation of final trial.
A skilled attorney plays a vital role during divorce negotiations by providing experienced guidance, advocating for your interests, and helping you make informed decisions. At Crozier Family Law we understand the nuances of divorce and can craft creative custom solutions for you and your family while. Their negotiation skills can be critical in resolving complex financial, custody, or property disputes, allowing you to reach fair and sustainable settlements that protect your future. Working with a knowledgeable attorney at Crozier Family Law can also help you avoid costly mistakes and ensure that your rights are upheld throughout the divorce process. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce settlement.
Domestic/Family Violence in Divorce
Divorce is never an easy process, but it is even more difficult when it is layered with family violence. Divorces involving family violence against a party or a child require urgency, compassion, and advocacy for you and your children. A finding of family violence in your divorce can have a profound impact on the outcome of your divorce from child custody and conservatorship and the property division.
If you are seeking a divorce due to family violence against you or your children, Crozier Family Law has the experience to help you develop a strategy for your divorce to protect you, your children, and your financial future. Depending on your circumstances you may need to seek a Temporary Restraining Order or a Protective Order against your spouse to keep you and your children safe. An attorney can also assist you in communicating with your spouse on your behalf during the divorce process.
Crozier Family Law can also provide guidance on accessing resources and support services, helping clients navigate the complex legal and emotional landscape of a divorce impacted by domestic violence. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce involving family violence.
Gray Divorce
Gray divorce refers to the dissolution of marriage among couples typically aged 50 and older. In Texas, gray divorces can present unique challenges, often involving complex issues such as dividing retirement accounts, pensions, and other long-term financial assets. People divorcing at this stage in life may also face concerns regarding health insurance coverage, Social Security benefits, and the impact of divorce on adult children and blended families. The emotional and financial implications can be significant, when both parties are nearing retirement age or a party has health issues. Sometimes parties have been married for decades, and it can be challenging to determine and prove if you have a separate property claim. Sometimes people have married later in life, but are now divorcing, but have comingled assets making it difficult to determine and prove separate property claims. Navigating these matters requires careful consideration of future financial stability and long-term planning.
Crozier Family Law works with clients going through a gray divorce to help the client better understand their options, avoid costly mistakes, and make informed decisions about their financial and personal future.
Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your gray divorce.
LGBTQ+ Divorce
LGBTQ+ divorce in Texas family law follows the same legal procedures as any other divorce, but it can come with unique challenges and considerations. On June 25, 2015, the United States Supreme Court recognized marriage equality for same sex couples in the landmark ruling, Obergefell v. Hodges. Since then, Texas has recognized same-sex marriages and, in turn, same-sex divorces.
Yes, the standards to establish an informal/common law marriage in Texas is applicable for people in the LGBTQ+ community. Where this may get complicated is for those couples who had a commitment ceremony prior to June 25, 2015, lived together, held themselves out as married to one another, but then legally married after June 25, 2015. In these situations, one party may claim the parties were informally/common law married first, so the date of marriage is earlier than the legal marriage date. This is important to determine because it can have a huge impact on the claims for separate and community property during the divorce process.
There may be specific and complex concerns in an LGBTQ+ when the parties have a child together. This may get more complicated if the child is biologically recognized as related to only one parent and the non-biological parent has not formally adopted the child. An attorney can be instrumental in navigating the complexities of LGBTQ+ divorce cases. Having legal representation can make a significant difference in the outcome of an LGBTQ+ divorce case and help ensure that your interests are upheld.
Crozier Family Law has represented several clients in the LGBTQ+ community and is an ally to the LGBTQ+ community. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your LGBTQ+ divorce.
Property Division
During a divorce, it is not just the end of an emotional relationship, but also a financial relationship where parties must divide their assets and debts. This can seem like an impossible task, especially if you feel like you don’t understand finances because your spouse typically handled them, or you don’t have access to the finances. As part of the divorce process both parties are given full disclosure and access to the assets and debts belonging to the parties. This access may come through an agreed exchanged of information, the discovery process, or if necessary, by subpoenaing financial institutions.
Texas is a community property state. All assets and debts belonging to the parties are presumed to be community property and are subject to a “just and right” division during divorce, but this does not mean that each asset and debt is divided equally. When determining a “just and right” division of the community property the court will consider factors such as the length of the marriage, the earning capacity of each spouse, a party’s separate property, and any fault in the breakup of the marriage.
A party may also have a claim for separate property and, if valid, will overcome the presumption of community property and that property will not be subject to the “just and right” division. Separate property claims may include assets acquired before the marriage, or gifts and inheritances acquired during the marriage. It is the responsibility of the party claiming something is separate property to prove it is their separate property.
If you and your spouse have a prenuptial agreement, a postnuptial agreement, separate property agreements, own businesses, oil and gas royalties, executive compensation packages, stock options, pensions, retirement accounts, or have commingled assets this can make the property division during divorce even more complex. An attorney can be instrumental in navigating the complexities of property division in a Texas divorce. Having legal representation can make a significant difference in the outcome of a property division case and help ensure that your financial interests are upheld.
Crozier Family Law is highly skilled at ensuring the best financial outcomes for our clients, regardless of the size of their marital estate. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce and division of your marital estate.
Spousal Maintenance/Alimony
Spousal Maintenance, sometimes referred to as “alimony”, is a financial obligation that one spouse pays to the other spouse while the divorce is pending, after the divorce is finalized, and sometimes both. Spousal maintenance can be a very contentious issue during the divorce process. Generally, the purpose of spousal maintenance is to assist one of the spouses financially for a specific period of time post-divorce, especially if the spouse seeking support lacks sufficient property or income to meet their reasonable needs.
In Texas, spousal maintenance is not automatic and is typically awarded only when certain factors are satisfied, such as the duration of the marriage, employment history of the spouses, education of each spouse, future income earning ability of each spouse, disabilities, acts of adultery, and acts of domestic violence.
Crozier Family Law is experienced in advocating both for and against awards of spousal maintenance and can help you navigate the solutions regarding spousal maintenance in your divorce. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your divorce and how spousal maintenance may impact your divorce.
Uncontested Divorce
An uncontested divorce in Texas is a divorce where both parties agree on the terms of their divorce and settle the divorce outside of the courtroom. An uncontested divorce is generally quicker, less expensive, and less stressful than a contested divorce because it avoids the need for a trial. An uncontested divorce is generally settled informally through attorney negotiation or through the mediation process. When a child is involved in a divorce, reaching agreements for the terms of the divorce helps to stay focused on the child and on maintaining a healthy co-parenting relationship with the other party.
An attorney is still important in an uncontested divorce. The attorney can provide you with legal advice, to ensure that you are reaching agreements that are still in line with your goals in your divorce. An attorney will also draft the terms of your divorce to ensure that your agreement is properly reflected and legally sound. Legal representation during an uncontested divorce helps protect your interests and offers you reassurance during divorce.
Crozier Family Law is experienced in representing clients who have uncontested divorces and ensuring their interests are protected. Contact Crozier Family Law at (972) 665-8113 to discuss how our experience can help you navigate your uncontested divorce.
