If you’re looking for divorce advice and live in Spring, TX, a family law attorney can help you. One of the questions divorce lawyers typically ask new clients is whether it might be possible to resolve family law matters amicably instead of leaving these decisions to the judge. Your answer to this question will determine whether your divorce proceeding is contested or uncontested.

Defining Contested and Uncontested Divorces

Under Texas family law, a divorce may proceed as an uncontested divorce if you and your spouse have reached an agreement about all issues relevant to your case. Such issues include matters involving property and liability allocation, child custody arrangements, and child support. A divorce may be considered uncontested in cases in which your spouse has officially been given notice of the divorce, yet fails to file an answer with the court. In this situation, the divorce is uncontested by “default.” The most common uncontested divorce, however, is the “waiver” divorce wherein your spouse agrees to step out of the proceeding by signing a statement to that effect. A contested divorce is one that involves any substantive disagreement over any issue. Even if a couple agrees to all issues but one, the divorce will be considered contested. When a divorce is contested, a family law judge will evaluate the evidence, hear arguments, and issue a ruling.

Agreeing on the Issues

It’s often preferable for spouses to make compromises in order to reach a divorce agreement out of court. If your spouse has not hired an attorney, then consider asking your divorce lawyer if he or she would speak with your disagreeing spouse to discuss the potential for mediation. Mediation may be successful even if spouses are no longer on friendly terms with each other. It involves meeting together, but with the involvement of a neutral third-party. Each spouse will then have the opportunity to discuss his or her concerns, goals, and points of view. Spouses who are willing to compromise on one or more issues may be able to have the case resolved in a expeditious manner.

Petitioning for Modifications

A divorce decree resolves the major issues arising from the breakdown of the marriage. However, certain family law question may be modified later. For instance, where there is a substantial change in circumstances, you or your ex may petition the court for a modification in child custody arrangements. You could also file a petition to change the existing spousal support or child support order.

Divorce lawyers understand that they work with clients during one of the most difficult times of their lives. During such a stressful time, it may be difficult to think clearly and it’s all too easy to make mistakes that may cost you. Please do yourself a favor and listen carefully to the legal advice of your family law attorney. He or she will let you know best how Texas family law affects your case filed in The Woodlands. Your lawyer can also help you avoid the kind of mistakes which cannot be remedied. For example, in one recent case, the parties were arguing over the amount of child support; my client wanted to pay less, but his wife wanted him to pay much more (and she was also unrepresented). So, in an effort to save my client fees in litigating the matter, I suggested that they split the difference, but also call the payment above our first offer “alimony” instead of child support. They both agreed. What the wife didn’t know is that my client could now the deduct alimony off of his taxes as it was imputed as income on her own taxes. With child support, he couldn’t do that. It was an honest compromise, but the wife wasn’t getting all of the benefit from it that she expected, and my client was not putting into it all that he thought.

Dismissing the Idea of Mediation

Divorce lawyers often work with clients who prefer to avoid communicating with their soon-to-be ex. While this is understandable, that isn’t a good reason to avoid giving mediation a sincere try. Even in contentious divorce cases, mediation may be an effective way to resolve marital matters, accelerate the divorce process, and avoid the stress of going to court. Mediation is not binding, so you have nothing to lose by giving it a try. Consider talking to your divorce lawyer about preparing for your mediation. On the other hand, there are situations where mediation is not the best route for resolving your divorce case. For example, if you were affected by domestic violence, then mediation might not be a good option for you.

Avoiding Difficult Discussions with the Kids

To protect the kids, it’s best to avoid mentioning the divorce until you’re absolutely certain that you will move forward with the process. After this point, trying to hide the divorce from the kids may only confuse them. Ideally, both parents will sit down with the kids and explain that they will no longer live together. Give the kids plenty of reassurance and remind them that both parents still love them and that this is “not the end of the world.” Remember, your desire is to allow them to grow up and hopefully have successful marriages themselves. So avoid burdening the kids with the details of the divorce; bad mouthing the other parent; or perhaps telling them that your spouse was unfaithful. Such “jabs” at your ex will only inflict psychological harm on those who you rightly love the most.

Forgetting to Talk to a Tax Advisor

Your divorce lawyer may not be the only professional you need to consult. Divorce sometimes affects your taxes, investments, and retirement accounts. It will also substantially change your budget. Your tax advisor or financial planner can help you sort through these issues.

After your passing, your assets will be distributed through a process called probate. A probate lawyer can file the necessary paperwork and make court appearances for your family. If you had your probate lawyer create a will and trust for your estate in Conroe, TX, then the probate process is fairly straightforward. Provided that your will is legally valid, your assets should be efficiently distributed in accordance with your wishes.

As the expert in this video explains, wills and trusts can help prevent potential probate problems. Without a valid will, your surviving family members may argue over your assets, which can delay probate, increase costs, and adversely affect familial relationships.

If you’ve consulted a probate attorney in The Woodlands, you’re probably already familiar with the concept of using a last will and testament to designate beneficiaries for assets and guardians for minor children. “Living wills” are completely different. A living will, also known as an advance directive, is a document that your probate lawyer can draft on your behalf. A living will goes into effect during your lifetime, rather than after your passing.

When your probate lawyer creates a living will, he or she will convey to medical or healthcare providers your healthcare preferences. This allows your healthcare providers and family members to identify the care you want to receive in the event that you become incapacitated and cannot communicate these wishes. For instance, you might decide to express a desire for palliative care, but that you wish to avoid extraordinary measures such as cardiopulmonary resuscitation (CPR). Should your preferences change, you can revoke the living will at any time and create a new one if desired. Finally, never forget, an advanced directive does not override your stated wishes if you are awake and competent–it only affects decisionmaking when you are unable to make your own decision following a medical emergency.

Wills and probate are important aspects of the legal process involved in wrapping up a deceased person’s estate. Because going through and untangling an estate can be confusing, it helps to retain a probate lawyer near The Woodlands to walk you through the process. Having a probate lawyer handle the case can help you avoid unnecessary delays and minimize conflict. These answers to common questions about probate will help you understand what to expect.

How Do I Know If Probate Is Necessary?
Not all estates are required to go through probate. For instance, community property can transfer to a surviving spouse and life insurance proceeds can be paid to the specified beneficiary without probate in Texas. Small estates, in which there is no will and the value of the estate is less than $50,000, can often skip probate court, so long the beneficiaries agree on the distribution of property and sign an affidavit to that effect. Even if you believe you do not need probate court, it is still advisable to have a probate lawyer review your case to ensure the estate is being handled appropriately.

What Are the Different Types of Probate?
The most common type of probate in Texas involves the “independent administration” of the estate. During this type of probate, an executor who is either named in the will (or unanimously nominated by all beneficiaries) supervises the process of handling the affairs of the estate. Once approved as an independent administrator by the Court, he or she can act independently to pay outstanding debts, sell property attached to the estate, and distribute assets to beneficiaries without obtaining court approval for each step. The second kind of probate is the often maligned “dependent administration.” It is less common because it requires the court to become more involved in the probate process by approving actions by the executor each step of the way.

What Role Does the Will Play In The Probate Process?
An uncontested will can make probate simple if it properly provides direction for estate administration including authorizing an independent administration. If there is no will, or if the authenticity of the will is challenged, or whenever the beneficiaries dispute the terms of the will, then a probate lawyer can provide both legal direction as well as representation in probate court.

Divorce affects your finances in a number of different ways, including the way you pay your taxes. Before you decide how to file your taxes, talk to your divorce lawyer in The Woodlands to ensure you’re making the right financial decision and to avoid any complications. Oftentimes, I divorce lawyer will refer you to a certified public account for specific direction.

This video explains your options for filing taxes after you file divorce papers. If your divorce is finalized by the last day of the year, you can file as a single person. Your divorce lawyers should work out which spouse gets to claim head of household status, based on each party’s financial contribution. Child support and other post-divorce payments can figure into your tax filings as well. Your divorce lawyer can give you advice on tax filings to shield you from responsibility for your ex’s tax debts and complications caused by incorrect deduction claims.

During a divorce, if both parties cannot agree on issues such as division of assets and child custody, the divorce becomes a contested one which must be settled in court. Although a divorce lawyer is important, even in amicable splits, having legal representation during a contested divorce is essential. To prepare for court, divorce lawyers in Spring , TX representing both parties will likely initiate a discovery phase wherein legally-binding responses are requested from each party. Follow your divorce lawyer’s legal advice closely during discovery, as what happens during this phase can have a dramatic impact on the final divorce decree.

“Discovery” is the process through which divorce lawyers gather information to prepare their cases. Discovery can include requests for documents pertaining to assets and debts, written questions that must be answered under oath, depositions, and requests for admissions or denials of facts pertaining to the marriage and divorce. Throughout discovery, divorce lawyers may be able to file objections to certain requests made of their clients; this is where competent representation is essential. Divorcing couples can sometimes come to an agreement on the issues surrounding their divorce by working through their attorneys during discovery. If they do not, then, or course, the divorce will progress to trial.

During divorce proceedings, child support is usually one of the most contentious issues. While courts often invoke a “one size fits all” child support order, a competent attorney can request that a court consider a number of factors when awarding child support, including the age of the children and each party’s ability to pay. Moreover, it often becomes necessary to adjust child suppot in Conroe, TX when changes in need, or income, occur. When this happens, a family lawyer can help you file the correct paperwork and make your case for modification. Here are some of the circumstances that may make you eligible to change your child support agreement.

Short-Term Emergencies
Temporary child support modifications can be awarded to address short-term emergencies. Some of the circumstances that may make you eligible for this temporary modification including one parent being laid-off from work, or the child, or a parent, experiences a medical emergency. For instance, if you lost your job and cannot pay the same amount of child support, a court may temporarily adjust your payments until you start working again. But you must ask. Likewise, if you have custody of a child who has a medical emergency, you may request additional child support payments temporarily to help pay for treatment costs.

Change in Income
Beginning in 2018, changes in income alone no longer will constitute a sufficient reason for a child support modification. Where there is a “material and substantial change” in the circumstances of a paying spouse, then that might form the basis for modification, but no longer is a mere increase in his or her salary sufficient.

Change in Need
Child support agreements can be amended if a child has a change in his or her needs. For instance, he or she may have additional expenses associated with medical costs for a chronic condition or be entering college and need tuition money. A family lawyer can provide legal advice to help you determine if a permanent change in need exists that could make you eligible for a modification.

Divorce attorneys near Conroe, TX, often counsel clients about how to enforce their divorce decrees . In family law, an individual must inform the court if his or her former spouse refuses to comply with a divorce decree.

Divorce lawyers are necessary for making sure assets are divided equitably after a divorce. However, when divorce papers are filed, couples sometimes realize they have more debts than assets. A family law attorney can help in making sure you secure a fast, cheap but secure, divorce. In addition, you need divorce lawyers to make sure that you do not needlessly shoulder your spouse’s debt. If your ex will not comply with the court’s division of debts or assets, then contact your attorney right away.

Family law in the Woodlands can be complex, which is why divorce lawyers are often needed to protect your rights. Only an experienced family law attorney can safely guide you through the process–from filing divorce papers to dividing marital assets. As your attorney will explain, any change in your marital status requires also changes your will. With help from a law firm that handles both family law and estate planning, you can ensure that your last will and testament accurately reflects your final wishes, and divorce does not frustrate your plans. Keep reading to learn more about how divorce could affect your heirs.

Individual Assets
As your divorce lawyers will advise you, making the difficult decision to end your marriage also may affect how your personal property is distributed through your will. Texas provides that a divorce removes your spouse as a beneficiary of your will automatically, but your spouse’s absence may create a new urgency in redrafting your will. In the event of serious illness or an accident, a thorough redraft will provide you needed comfort in knowing that your will and living will are enforceable and conform to your wishes. However, if you do not make necessary alterations to your wills (and trusts), then your heirs may not be able to collect the money you intended to award them. To ensure that your wishes are honored, have your family attorney or probate lawyer review your first will and then create a new document.

Irrevocable Trusts
Wills and trusts can certainly become more complicated after a divorce. For example, irrevocable living trusts cannot be changed, regardless of when or how your marriage ends. An irrevocable living trust involves having all assets transferred and signed over to a trustee, who retains sole control for the benefit of others. If you have already created an irrevocable living trust for one or more of your children, then neither you nor your former spouse may change the arrangement. In many cases, that means that your heirs’ inheritance will be protected.

Revocable Trusts
Divorce can affect inheritances distributed through revocable trusts. Revocable trusts mean that a couple still has control over all assets in the trust. Therefore, you or your spouse can theoretically amend the trust, dissolve the trust, or remove all assets at any time. However, if you and your ex-opt to dissolve the trust, all assets need to be addressed in your divorce decree.