Experienced Houston Family Law Attorney
I am attorney Leonard Roth, and I have been serving clients in Houston, Texas, and the surrounding communities since 1972. I am certified as a family law specialist by the Texas Board of Legal Specialization, and offer the dedicated legal counsel and support you need during this emotional time. Contact me online or call (713) 965-7608 to schedule your appointment.
Divorce: No one enters into a marriage expecting it to end. However, the sad fact is that over 50 percent of marriages end in divorce. I also know that over 95 percent of all contested cases end settled before trial. If a case must be tried, so be it. However, it makes sense to me to explore all reasonable avenues to resolve the matter before lives are destroyed and estates decimated.
Another important fact is that at the time of marriage you have love and a contract. When a couple files for divorce, the love is gone and only the contract remains. While I am unqualified to recreate the love lost, I can assist clients in focusing on the real and the attainable in their divorce case.
My goal is to get you through this very difficult time, answering questions and clarifying the confusing aspects of the process. I am a lawyer who is here to help, rather than to make the situation more adversarial, litigious, and expensive.
Child custody: A divorce is a difficult situation for two adults to handle, but it is much more complicated when children are involved. I concentrate on helping families preserve their relationships with a minimum amount of emotional damage. This, of course, is more commonly a by-product of collaborative law, but with effort and cooperation a semblance of necessary relationships can be preserved in litigation, but it is far less prevalent.
Child support: In Texas, determining child support in a divorce is more or less a mathematical process. State law provides charts and formulas that dictate how much child support you are entitled to receive or obligated to pay. The statutes also provide for factors that can alter these mathematical determinations to a degree. With over 37 years of experience, I can explain how Texas child support guidelines work and what you should expect.
Suit Affecting the Parent-Child Relationship (SAPCR): Because both a mother and father contributed in their own way to the conception of the child, both parents may have equal general parental rights. However, the issue is not always so easy, particularly when paternity (parentage) is contested. In order for parental rights to be enforceable in these situations, a parent must file an original SAPCR suit and get a court order clearly setting out your rights.
Spousal support: Spousal maintenance, or post-divorce support, in Texas is nothing like alimony in other states. Texas spousal maintenance was originally enacted as an anti-welfare statute. It provides minimal payments for a limited time to help a non-working spouse get trained and into the workforce to earn enough money to cover their minimum needs. I can help you determine whether spousal support will be at issue in your divorce and what to expect.
Please note, Texas courts hardly ever award spousal maintenance for the maximum time (0-3 years) or the maximum amount (up to $2500 a month). Furthermore, if you are able-bodied, the courts expect you to steadfastly and diligently look for work and document it for presentation. Failure to do this will result in a denial of spousal maintenance. Even if you do get a job, the spouse paying the maintenance can ask the court for a reduction in the amount paid.
Property division: In Texas, the "characterization" of property as "separate," "community" or "mixed" can be a battleground between divorcing spouses. I can help you determine your separate property rights, if any, and maximize your share of the community property.
Reimbursement: In a Texas marriage, there are several property estates: the husband's separate property, the wife's separate property, the community property of the husband and wife, and the mixed property of the husband and wife. If one estate benefits another, then the estate making the contribution is entitled to a reimbursement during the divorce settlement. The amount of the reimbursement is driven by the character of the estate making the contribution.
Child support / child custody modification: Texas courts have the exclusive, continuing jurisdiction to modify, clarify and enforce divorce decrees concerning child custody (conservatorship), visitation (possession of access) and child support. I can help you modify existing orders and protect the rights you acquired in the initial order. If you violate a court order in this area, you can be incarcerated.
Prenuptial and postnuptial agreements: Marriage is love and a contract. Once the love is gone, all you have left is the contract. I can help you draft a prenuptial agreement that protects your property rights in the event of marital dissolution. If you wish to simplify your estates after marriage, I can assist you in drafting a partition and exchange (postnuptial) agreement.
Collaborative family law: Collaborative law is a process that allows the parties in a family law dispute to resolve their case outside of the courthouse without the trauma and expense associated with the adversarial system.
Please see the articles on this website for more information on collaborative law.
Grandparents' rights: Understandably, most grandparents want to be involved in the lives of their grandchildren. Many had positive experiences raising their own children, and want to continue being a source of unconditional love and support for their family. If you are being unfairly denied access to your grandchildren or believe their parents are unfit, I can help explain what you can expect to achieve.
Paternity (parentage): Raising a child on your own is difficult enough without having to undergo a prolonged legal battle. Nevertheless, there were two parents responsible for making the child, which means there are two parents responsible for raising it. Although I cannot remove the difficulty of raising a child, I can help you understand your rights, legal obligations and options throughout the paternity (parentage) process.
Child Protective Services (CPS): Sometimes, acting with the best of intentions, Child Protective Services removes children from horrifically terrible homes, and on occasion from loving homes, therein unnecessarily dragging families through court and ruining otherwise healthy relationships. I can help you address the concerns that alerted Child Protective Services in the first place. I work with clients, their case worker and supervisor to create lasting, acceptable solutions.
Contact me online or call (713) 965-7608 to schedule your appointment.
