Trey Yates

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The law of divorce in Texas – an overview

Yates_Trey_356-233x350The laws in Texas pertaining to divorce, spousal maintenance and the division of a couple’s marital property are complex and can be confusing.

The court is required, by law, to divide all of the community property that has been accumulated by the spouses during the marriage that is in existence at the time of divorce and not necessarily on an even basis – 50/50.

Fault in the breakup of the marriage, fraud and/or infidelity by a spouse often times can influence a judge on what is “a just and right division” of a particular community estate.

A judge will look at the unique facts of each case and the particular history of a marriage as he or she decides on how much of what community asset should be awarded to a spouse.

It is also important to secure the right percentage of the right asset at the time of divorce. In other words, a dollar in a retirement account is different than a dollar in cash or in the equity of the marital residence.

In the most recent legislative session, the law was changed dramatically regarding court-ordered spousal maintenance (alimony). The amount a spouse might receive is now based on the length of a marriage at time of divorce, as well as many other factors.

There was also a new law passed recently to help an innocent spouse “reconstitute the community estate” if the other spouse has transferred community assets out of the marriage or otherwise financially misbehaved during the marriage.

It is also extremely important to know something about the judge who may be hearing your divorce case and making important decisions that can affect your financial situation post-divorce and ultimately your quality of life.

All of the foregoing topics may be covered by a Board Certified Family Law Attorney by the Texas Board of Legal Specialization at The Guide to Good Divorce educational seminar.

Attendees will have access to a family law expert to ask questions regarding their particular legal situation and will benefit from other women in the audience as critical information is exchanged between those attending.

No matter where you are in the divorce process, or even if you are just considering your legal options, valuable practical information about the law of divorce in Texas will be presented at The Guide to Good Divorce seminar.

Remember, knowledge is power; no truer words where ever spoken than when it comes to being familiar with the law and the legal process known as divorce in Texas.

After attending the legal presentation at the Guide to Good Divorce you will leave the seminar with:

  • Knowledge of necessary legal terms pertaining to the law of divorce in Texas.
  • An understanding of what facts are relevant to achieve a “just and right division” of your unique community estate.
  • Strategies for securing financial support from your ex-spouse once the divorce is final.
  • Clarity on how your spouse’s bad behavior or fraud during your marriage can affect your ability to receive more than half of your marital assets at time of divorce.
  • Skills at selecting the best legal representation for you and your unique situation when divorcing.
  • With having had the opportunity to ask and have answered your legal question from a Board Certified Family Law attorney with years of trial experience in your community.

Sam M. (Trey) Yates, III, based in Houston, is a Board Certified Family Law Attorney by the Texas Board of Legal Specialization. Trey has been serving the citizens of Harris, Fort Bend, Galveston, and Brazoria counties since 1986, primarily in the area of complex family law matters. He also has extensive experience in mediation and collaborative family law. Trey is also the creator of The Guide to Good Divorce program and seminar series launched in 2011.

Trey and his legal support staff embrace the philosophy that clients need all the relevant information available to make informed decisions as they navigate through the maze of litigation and the court system. Trey’s clients are encouraged to take an active role in the development of their unique cases and partner with the legal team created for them.

The purpose of this approach is two-fold: 1. It can help contain the cost associated with personal litigation; and 2. Clients can be assured of cost sensitive, yet aggressive legal representation supported by current technology and a team approach dedicated to one goal – reaching a speedy and successful resolution in litigation that is best for the client.

“When a case warrants,” says Trey, “we gather a community of professionals around our clients, which may include accountants, divorce financial planners, therapists or life coaches to assist them at arriving at the best solution to their particular situation.”

Trey is a believer in offering clients alternatives to court room battles and is experienced in the areas of dispute resolution, known as mediation. He is a Certified Attorney Mediator and a Certified Family Law Mediator. Trey is also trained as a Collaborative Family Lawyer, providing his clients with a new and innovative method of settling family law disputes that seeks a “win – win” solution for both parties.

Trey created The Guide to Good Divorce program and seminar series to empower women with the resources they need to make informed decisions during the emotionally turbulent divorce process.

“It is also my hope that our program will bring women together to support and encourage each other as they transition into the next phase of their lives. Divorce is difficult, but it can be a transformative experience.”

For more information, visit www.treyyateslaw.com or call 713-932-7177.

Click here for Trey Yates’ CV

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Trey Yates and Ellen Yarrell present to the Houston Bar Association, “How Science & the Supreme Court have changed your world.”  Houston Lawyer Magazine, July/August 2016

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