Our family law problem-solving team has handled hundreds of family law related cases in Texas, including uncontested and contested divorces, child custody and child support disputes, child custody and child support modifications, child custody and child support enforcements, marital property/asset divisions, pre-nuptial and post-nuptial agreements, grand parents' rights, termination of parental rights, adoption. If you need help with any family law related matters, an attorney from our family law team can begin work on your case in the next twenty-four hours if you contact us now.
Frequently, many people believe that since both parties agree that they want a divorce, the divorce is uncontested. This perception is not entirely accurate. Although both parties may want a divorce, a truly uncontested divorce means that both parties have met certain statutory criteria in terms of living separate and apart. Also, all issues regarding child custody, child support, marital property, debts, etc must have been resolved and there are absolutely no marital issues to be resolved by the court.
Generally, a divorce in Texas that consists of any significant amount of property and/or children results in a contested divorce if the parties fail to agree to all issues in controversy. It should be noted, however, a good problem-solving lawyer can very well assist a client in having a contested divorce case resolved amicably. The key is that the divorce attorney will thoroughly investigate and review all relevant issues necessary to guide the parties in reasonably negotiating on matters of property division and child custody in an equitable manner and best interest of the children. How contested a divorce case is going to end is will depend in most part on the parties and lawyer involved. Although Texas divorce laws are complex, a good problem-solving lawyer can go a long way in resolving the dispute. This in turn will determine how expensive or inexpensive the contested divorce will be for the parties.
Whenever there are children involved in a divorce dispute or a good relationship gone bad, the central question will likely deal with who get custody of the children and who pays child support. Thus, child custody issues may arise when the parties were never married but have children together and want to legally establish parent-child relationship with the children. Child custody in Texas is a legal term often used to describe the relationship the child or children has between the parents. A determination of child custody will resolve issues such as which parent will the child or children spend the majority of time with or will the parents equally share their time with the child or children. Also, a determination of child custody may also determine the amount of child support payments and who will be the "Obligor" and "Obligee" of such payments. Also, either of the parties may want to modify the court order to increase or decrease the amount of child support. In other cases, the Office of the Attorney General may file a motion with the court to either establish child support or enforce a prior order for payments. An enforcement case is usually serious, because such cases may result in jail time. Our family law team has handled many of these cases and will be more than happy to assist you.
Frequently, our family law problem-solving team is contacted by grandparents who are either seeking custody of their grandchildren, seeking visitation with their grandchildren or want to know what rights they have as grandparents in regards to their grandchildren. The proper answers to these questions will depend on the specific facts of a particular situation. Given a proper fact scenario, a grandparent may obtain custody or visitation rights to his/her grand children. If you are grandparent seeking to discuss or obtain your legal rights over your grandchildren, please contact the family law attorney today to speak with a member of our family law team.
Marriage usually results in comingling of assets of the husband and wife. On the other hand, a consequence of divorce in Texas is the ending of such commingling of assets. Generally, all assets accumulated and acquired during the marriage, are community property presumably owned on a 50/50 basis by the parties. In a divorce proceeding, the law requires that the community property should be "equitably divided" among the husband and wife. Although a 50/50 division will sometimes result in an equitable division, an "equitable division" does not always result in a 50/50 share of the property. To determine an equitable division, a Texas court will consider a variety of factors such as duration of the marriage, positive or negative monetary and non-monetary contribution toward the acquisition and preservation of the community property, each party's acts that resulted in the dissolution of the marriage, income, education, health, age, etc.