Practice Areas

Divorce

Whether you want to end the marriage, or your spouse wants to end the marriage, at J Lowe Law we understand the difficulty spouses face when their marriage is ending. We treat our clients with compassion and caring and help our clients to focus on creating a meaningful life after the divorce.

Divorce is the legal process where couples end their marriage. The divorce process starts when a petition is filed with the court and ends when the Judge signs a Divorce Decree. Texas is a no-fault state, which means a divorcing couple does not need to prove fault to end the marriage. In the divorce process not only is the marriage dissolved, but other issues are, such as, the parenting plan (conservatorship and possession/access schedule), child support, property division, and spousal maintenance/alimony.

At J Lowe Law we use our skills and experience to assist our clients with ending their marriage peacefully. The best divorce attorney is not always the one who will aggressively pursue his or her client’s positions. Instead, the best divorce attorney is one who approaches the case with compassion and with a focus on settling the case efficiently and quickly. The best divorce attorney is one who is responsive and minimizes the conflict. Choose J Lowe Law to represent you in your divorce. We are transforming the divorce process for our clients!

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Collaborative Divorce

J Lowe Law is transforming the way our clients divorce by offering a more peaceful alternative to the fighting and conflict that often takes place in litigation. Trust our firm to represent you in the collaborative divorce process. Collaborative divorce is a legal process that takes place out of court. The process focuses on settling the issues amicably and with the least amount of trauma to the family. Essentially it is an amicable divorce! The parties control the process and make the decisions. All the professionals who participate in the process are working together as a team towards a common goal…to resolve the issues for the parties and preserve relationships. There are no adversaries in the collaborative divorce process. It is the best alternative to litigation because of the benefits to the collaborative divorce:

  • Cost Less
    In some instances, the collaborative process can cost less than the litigation process. The attorneys are adversaries in the litigation process, which often leads to more conflict and fighting. The higher the conflict the more money each party will spend on attorney’s fees. In the collaborative divorce the attorneys work together to settle the case. A conflict free divorce is not guaranteed in the collaborative divorce process; however, any conflict is managed and controlled and addressed in the collaborative process.
  • Control Over the Divorce
    In the collaborative divorce process, the pace and length of the process is controlled by the parties and the professionals. The divorcing couples in the collaborative divorce process are not controlled by the Judge’s calendar, docket, or deadlines. The parties are not at the mercy of the court. In the collaborative divorce process the parties control the outcome and decide when and how the case will be settled for their family. The Judge in the litigation process, who is a stranger to the family, makes important decisions for the family based on limited facts and without a complete understanding the family dynamic and relationships. Don’t hand over the most important issues, i.e., children and finances, to a stranger. Choose the collaborative divorce process instead!
  • Interest-based negotiations
    Interest-based negotiations, what is that? Unlike litigation where the negotiations are based on positions, in the collaborative divorce process the negotiations are based on interests. At the beginning of each collaborative case, the parties separately create their own goals and interests. These goals are reviewed periodically during the process and evaluated during the settlement discussions.
  • Civil
    The entire family, even adult children, is the focus of the collaborative divorce process. After the divorce process is concluded and the attorneys close his or her file, the divorcing couple are left to continue dealing with one another. Whether that is attending high school graduation or attending weddings together or attending school events, the divorcing couple will be forced to interact with one another. The more conflict in the divorce, the less likely the divorcing couple will be able to speak with one another at those types of events. Choose a divorce process where communication and preserving relationships are important. The collaborative divorce process is a civil divorce…courtesy, respect, and concern are all important!
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Divorce Planning

In some instances, a spouse is not ready to move forward with the divorce, but he or she would like to learn about the divorce process and understand his or her rights. Often the decision to divorce is irreversible…meaning once the divorce process is started often there is no chance to reconcile the marriage. Thus, the divorcing couples must be certain the divorce is the right decision for their relationship and marriage and family. If you are not sure you are ready for the divorce, then that is a great time to consult with an experienced divorce attorney at J Lowe Law.

At J Lowe Law, if the marriage is ending, we promote ending the marriage peacefully and with dignity. Using our skills and experience and expertise, we guide our client’s during this decision-making process. The decision to divorce is one of the hardest and most emotional decisions one will ever make, and therefore, we are sensitive to the process and understand the challenges and difficulties that come with making this decision. We will never pressure our potential new clients to move forward with a divorce if he or she is not 100% sure he or she is ready. Instead, we arm them with knowledge and information so the potential new client can make an informed decision about the divorce. We explain the risks and benefits to a divorce, rights and duties as a parent, how the assets and debts will be divided, and other financial matters. We also explain the different options available for the divorce process, i.e., the collaborative divorce process. At J Lowe Law, we also advise our potential new clients about documents to gather to prepare for the divorce and other resources. Schedule your consultation today with an experienced divorce attorney at J Lowe Law.

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Prenuptial and Postnuptial Agreements

The best way to have peace of mind when starting your new life with your significant other is a prenuptial agreement, or also referred to as a premarital agreement. A prenuptial agreement is a binding legal contract signed by the parties before their marriage. Contrary to belief, a prenuptial agreement is not just for high-net worth estates. A prenuptial agreement can benefit anyone who wants to protect the assets they owned before the marriage and address what happens to the assets accumulated during the marriage.

What does the prenuptial agreement cover? The prenuptial agreement should define and confirm the parties’ separate property and property each party brought into the marriage. The prenuptial agreement should also address what happens to the community property (property accumulated during the marriage) in case of divorce or death. It is meant to give each party peace of mind and to dictate what happens in those instances. The prenuptial agreement does not address custody of any children later born during the marriage or child support for any children later born during the marriage. Instead, the prenuptial agreement focuses on the definition and division of the estate, and in some instances, it also addresses alimony or spousal maintenance.

What is the difference between the prenuptial agreement and postnuptial agreement? A postnuptial agreement is a binding legal contract signed by a married couple. Thus, the postnuptial agreement is signed during the marriage, not before the marriage. The postnuptial agreement defines the division of assets and debts in case of a divorce or death; and may also define each party’s separate property.

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Child Custody

At J Lowe Law we understand that rights and duties for the children and the time-sharing schedule for the children are the most difficult and emotional issues in the divorce process. As a child of divorced parents, it is important at J Lowe Law for the divorcing couple to have a healthy post-divorce relationship. Whatever happens in the divorce and how each of the parents are treated in the process will forever have a lasting effect on the family. The effect is not only felt by the children who are subject of the divorce, but also their children. Thus, it is extremely important for the divorcing couple to learn healthy communication skills and to be united on the issues concerning the family. This is best achieved with a civil divorce.

In Texas, conservatorship (rights and duties) and possession and access (time schedule) of the children are both addressed in the divorce. The Texas Code has a detailed Standard Possession Schedule for the custody of the children. Unfortunately, in the litigation process the Judge is limited to what he or she can award for the conservatorship and possession and access of the children because of the Texas Code. In the collaborative process the parties can creatively design a custody schedule that works best for their family. Consult with J Lowe Law today to learn more about the Standard Possession Schedule and other custody concerns. We are transforming the way of divorce.

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Child Support

The right to receive child support does not belong to the parent, but instead to the child. Child support is for the child, and it is not meant to support a parent’s lifestyle after the divorce. There is no uniform child support calculation for all States, but instead, each state has their own separate child support calculation. Essentially, how child support is calculated in Florida is very different than how it is calculated in Texas. Under Texas law, child support is calculated based on a percentage of the payor’s net monthly resources and the percentage increases depending on the number of children. In most instances, the payor’s net monthly resources are capped so the child support does not exceed a certain amount each month. The Judge, in litigation, is limited to following the Texas Code when calculating the child support. However, in a collaborative case, the parties have the option to creatively design the child support arrangements. Consult with J Lowe Law to learn more about the child support guidelines.

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Property Division

Before the assets and debts are divided, we must first determine what is the marital estate. In Texas, the marital estate includes the parties’ separate assets and debts and the community assets and debts. Texas is a community property state. Community property is all property acquired by either spouse during the marriage, except for separate property. Separate property is property owned by a spouse before the marriage, property acquired during the marriage by gift or inheritance, and recovery for personal injuries sustained during the marriage (except for loss of earning capacity during the marriage). All property owned during the divorce process is presumed to be community property unless the property is clearly established as separate property. Under Texas law, the estate shall be divided in a manner that is just and right. Thus, there is no requirement that the community property be divided equally between the parties. Consult with J Lowe Law to learn more about how property is divided in Texas.

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Modification

Often the circumstances change from the time the last order was entered establishing the child support or the possession schedule (custody). The children’s needs might change, or the schedule established when they were younger no longer fits with their schedules. In most instances, the last order may be modified to take into the consideration the current changed circumstances. Whether this happens when a spouse loses a job or has a significant reduction in income to modify the child support. Or whether a spouse has remarried and is planning to move out of Texas to modify the possession schedule. At J Lowe Law we use our expertise and experience to guide our clients during the modification process.

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The information contained in this website is not intended and does not constitute legal advice. All information contained herein is intended as general information only. For legal advice pertaining to a specific case or question, please contact our office. Contacting J Lowe Law through this website does not establish an attorney-client relationship between you and J Lowe Law. No attorney-client relationship can or will be established between you and J Lowe Law until we have determined that no conflict of interest exists between you and any of our current and former clients. You should not send or disclose any confidential information to anyone at J Lowe Law prior to the establishment of a formal attorney-client relationship.

J Lowe Law, LLC
6401 Eldorado Parkway
Suite 330
McKinney, Texas 75070

Copyright © 2022 Jill Lowe Attorney - All Rights Reserved. Currently Serving Anna, Allen, Frisco, McKinney, Melissa, Plano, & Prosper to name a few.