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You are here: Home / Divorce / How the Best Divorce Attorneys Maximize Your Divorce Settlement
How the Best Divorce Attorneys Maximize Your Divorce Settlement

How the Best Divorce Attorneys Maximize Your Divorce Settlement

January 6, 2025
Written by Christopher Migliaccio

Table of Contents

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  • Detailed Financial Assessment
  • Advocacy for Fair Property Division
  • Addressing Debt During Divorce
  • Child Support and Custody Negotiations
  • Spousal Support Considerations
  • Strategies for High-Net-Worth Divorces
  • Benefits of Mediation and Collaboration
  • Preparing for Life After Divorce
  • Choosing the Right Divorce Attorney in Texas
  • Attorneys Who Care

Divorce settlements involve more than dividing assets. Working with experienced divorce attorneys often results in a fairer result with fewer obstacles. Effective legal representation focuses on protecting your financial future while respecting the unique challenges of Texas law.

Texas follows community property rules, which divide most assets acquired during marriage equally. This legal framework means each party has equal claim to shared assets. However, factors like debt allocation, business interests, or prenuptial agreements can complicate the process. Divorce attorneys take the time to understand your priorities, helping you navigate this difficult time.

Detailed Financial Assessment

Effective settlements require a complete understanding of marital assets and liabilities. Top divorce attorneys start by gathering thorough documentation, including bank statements, property deeds, tax returns, and retirement accounts. Hidden assets are also considered, ensuring transparency throughout the process.

Divorce attorneys often collaborate with financial professionals to assess valuations accurately. Whether dividing a family-owned business or negotiating alimony, these insights can shape a settlement that balances immediate and long-term needs. Failing to account for every asset risks inequity, particularly when significant properties or investments are involved.

Advocacy for Fair Property Division

Texas community property laws often assume a 50/50 split. While this serves as a starting point, exceptions exist. For example, separate property—assets owned before marriage or acquired through inheritance—is excluded from division. A seasoned attorney works to protect your separate property while maximizing your share of marital assets.

Sometimes, an equitable settlement means negotiating specific terms rather than pursuing equal division. For example, trading the family home for a larger share of liquid assets might better suit your financial goals. Attorneys skilled in negotiation and mediation can secure creative solutions that support your future stability.

Addressing Debt During Divorce

Debt acquired during a marriage can complicate settlements. In Texas, liabilities like credit card balances, loans, or mortgages are typically divided equally unless specific agreements state otherwise. Divorce attorneys review financial obligations carefully, helping prevent unexpected burdens after divorce.

Attorneys advocate for fair division of debt, accounting for factors such as earning capacity or past contributions. For example, if one spouse took on debt to support the other’s education or career, adjustments may be possible. Protecting your financial security often requires detailed attention to these considerations.

Video source

Child Support and Custody Negotiations

Child-related decisions often hold emotional weight during divorce. Texas law prioritizes the best interests of the child, including financial support, visitation schedules, and parenting responsibilities. Attorneys familiar with state guidelines offer critical guidance to structure agreements that work for both parents and children.

Child support calculations rely on income, custody arrangements, and other factors. Negotiating terms that account for educational expenses, medical care, or extracurricular activities can prevent future disputes. Custody negotiations also benefit from clear communication and a focus on co-parenting goals. Attorneys advocate for fair arrangements while reducing conflict wherever possible.

graphic displaying child support statistics in the US

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Spousal Support Considerations

Texas courts do not automatically award spousal support, but under certain circumstances, it may apply. Spouses seeking alimony must meet specific eligibility criteria. For example, if a marriage lasted 10 or more years and one spouse lacks sufficient income to meet basic needs, support may be granted.

Experienced divorce attorneys assess whether spousal support applies to your situation. If warranted, they negotiate terms that protect your interests. Both short-term and long-term needs are addressed, including retraining or education for workforce reentry.

Strategies for High-Net-Worth Divorces

High-net-worth divorces bring unique challenges due to complex financial portfolios. These cases often involve multiple properties, investments, business ownership, or international assets. The best divorce attorneys specialize in handling these intricate settlements, minimizing financial losses and avoiding unnecessary disputes.

Effective legal strategies begin with a detailed valuation of assets. Attorneys partner with financial experts to untangle intricate holdings, including offshore accounts or stock options. Protecting your financial future requires strategic negotiation and precise attention to the details of tax implications, liquidity, and long-term investment potential.

Benefits of Mediation and Collaboration

Litigation can be time-consuming and expensive. Many divorce attorneys recommend mediation or collaborative law as alternatives to court proceedings. These approaches emphasize cooperation, saving time and reducing your stress.

Mediation involves a neutral third party who facilitates negotiations between spouses. Collaborative law, on the other hand, brings both parties and their attorneys together to resolve disputes without litigation. Both methods encourage open communication, empowering couples to make decisions based on mutual agreement rather than relying on a judge.

Preparing for Life After Divorce

Divorce is not just about reaching a settlement—it’s about preparing for your future. Top attorneys prioritize your long-term financial security, offering tailored guidance on estate planning, tax considerations, and retirement strategies. With proper preparation, you can transition to post-divorce life with confidence.

Attorneys may recommend revisiting legal documents like wills or trusts to reflect new circumstances. Attention to these details prevents complications later and sets the stage for financial independence.

graphic showing average length of marriage in Texas

Image source

Choosing the Right Divorce Attorney in Texas

Not all divorce attorneys offer the same level of service. Selecting the right representation can make a significant difference in your case. Look for attorneys with experience in Texas family law and a track record of success in cases similar to yours.

A strong attorney-client relationship involves clear communication and personalized attention. Your attorney should take time to understand your goals and provide realistic advice about potential outcomes. Trust and transparency are essential qualities to consider during your search.

Attorneys Who Care

Divorce settlements require thoughtful strategy, detailed preparation, and skilled advocacy. With the guidance of a divorce attorney, you can get to a place that supports your financial goals and family needs. From property division to child custody, experienced representation will help give you and your family some much-needed peace.

Moving forward with confidence starts by finding a legal team who cares. Warren & Migliaccio can give you knowledgeable guidance based on the unique circumstances of your divorce. Contact us today to schedule a consultation and discuss how we can help you.

Categories: Divorce Tagged: Divorce, Divorce Law

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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