It is estimated that 75,000 American couples file for divorce annually. Some of these cases involve unusual situations that transform them into more than just some simple disagreements. A complex divorce refers to circumstances that include any of the following:
- large amounts of cash and assets;
- real estate properties;
- tax issues;
- special needs children;
- an unfit parent;
- off-shore bank accounts
High net worth divorces
High net worth divorces carry additional complications, such as:
- Pre- or post-marital agreements;
- Qualified domestic relations orders (QDROs);
- Tax issues
Texas divorce laws divide marital assets (properties acquired during marriage) under an “equitable distribution,” which does not always mean, “equal distribution.” Spouses seeking a fair settlement need the guidance and expertise of a skilled family law attorney who will carry on an in-depth examination of the assets.
The Dieye Firm has years of experience in determining which properties are subject to division, especially when dealing with several forms of property:
- Community property;
- Co-mingled property;
- Separate property.
We partnered up with several experts – appraisers, forensic accountants, real estate, and business evaluators – who contribute to the process of asset analysis and help us evaluate present and future wealth value, as well as tracing hidden assets.
Pre-marital or post-marital agreements
Under Texas laws, both pre- and post-marital agreements have to comply with strict procedural requirements:
- A written agreement signed by both spouses;
- Each party should hire their own lawyer;
- It has to be a free will agreement (no coercion or duress is allowed);
- Parties must provide full disclosure of their wealth.
From drafting, to submission, negotiation, and execution of marital settlement agreements, top-notch legal support is needed: otherwise, even a poorly drafted form can lead to unexpected consequences. Avoid becoming the victim of a poorly drafted agreement and contact us today!
Qualified domestic relations orders (QDROs)
A QDRO is a written agreement, which establishes the amount that each of the divorcing parties is entitled to receive from the pension plans or retirement assets or accounts. The accounts can be:
- Defined Benefit Plan (DBP) (it guarantees a specified monthly payment during retirement)
- Defined Contribution Plan (DCP) (A certain amount is annually set aside by a company for the employee. In case the beneficiary wants to withdraw funds earlier, he/she has to pay penalties. In these cases, although the contribution is known, the future benefits are not exactly quantifiable.)
Such complex, technical orders require extra attention and professional legal representation. In case a QDRO doesn’t exist, withdrawals from these accounts will carry federal tax penalty and early-withdrawal penalties. We’re ready to counsel you through the process, make sure you fully understand the legal terms, and discuss which choices are in your best interest. We bring to the table extended experience in preparing, drafting, reviewing, and submitting the proposal. As well as experience in what is involved after the proposal’s approval.
Special Needs Children
Another problematic divorce matter involves families with disabled kids. According to statistics, parents of children with disabilities face higher divorce rates (up to 85%). These cases require special legal assistance due to the unique circumstances:
- Regular in-home health care;
- Specialized medical equipment;
- Special health needs, therapy sessions;
- Home modifications;
- Full-time attention.
Over the years, The Dieye Firm have helped families from Houston, Brazoria County, Galveston, Fort Bend, and Harris to secure their special needs children’ s best interests. We carried out divorce cases involving kids suffering from physical and developmental disabilities, including:
- Cerebral palsy
- Down syndrome
We are dedicated in helping these families get through this process as fast and efficient as possible, with the best arrangements for both parents. When choosing legal representation, you have to consider your child’s future needs, which in some situations means permanent financial support. The Dieye Firm has a good knowledge of how to provide the legal guidance you need in addressing these complications.
The reasons leading to declaring someone an “unfit parent” start with:
- Failure to protect the child against external abuse and failure to report it;
- Severe illnesses (including mental illness) or disabilities;
- Alcohol or drugs addiction;
- Failure to provide clothing, medical care and proper hygiene;
- Unsafe living conditions.
The next step is gathering evidence that proves the existence of any of these factors and present it in the Texas Family Court. The Dieye Firm will give you valuable legal advice and assist with:
- Gathering police reports, medical records, and photos, which show injuries or inappropriate behavior in the child’s presence;
- Filing a Petition in Suit Affecting the Parent-Child Relationship (called a SAPCR) with the Texas court;
- Seeking professional counselling for your child, requesting records of child’s emotional state, and asking experts to testify in your custody case;
- Finding other witnesses ready to testify and support your claim.
If the presumed unfit parent already has a history of domestic violence, child abuse, or substances abuse, these aspects secure the chances of getting the desired legal outcome.
The Dieye Firm – qualified complex divorce legal guidance
You can’t afford to have your complex divorce matters handled by inexperienced attorneys. You need someone willing to analyze the multiple financial components of your divorce and advise you accordingly.
If you’re seeking for a knowledgeable attorney to safeguard your rights and provide practical solutions for your complex divorce case, The Dieye Firm has the legal expertise you need. We pay attention to our client’s needs; we always keep in touch, and secure a good communication.
Contact us today and schedule a free initial consultation.