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  • What Is a Prenuptial Agreement?

    Getting engaged is an exciting time, and no one wants to even consider the possibility of divorce. But now is also the time to talk to both your partner and to a family law attorney in Spring, TX, about a prenuptial or premarital agreement.

    A lawyer will generally recommend a prenuptial agreement if either partner comes into the marriage with either substantial personal assets or a much greater earnings potential. A prenuptial agreement is drafted by an attorney and it lists all your property, including homes, businesses, stocks, and bonds. A prenuptial agreement also lists each party’s debts. In the agreement, it is agreed to in advance, how property, debts, and payment obligations will be addressed in the event of a divorce. Your family attorney will then specify how these issues will be handled by the parties should divorce be found to be inevitable. Your attorney will also include a provision noting whether spousal support will be paid upon divorce.

  • Determining Child Custody in Texas

    If you are going through a divorce involving children , you will need to seek counsel from a family law attorney in the Woodlands. Even amicable divorces are extremely difficult for all parties involved, and emotions may still run high. Whether you and your former spouse have agreed to a child custody arrangement or whether you plan to contest his or her child custody request, a divorce lawyer can make sure your best interests—and the best interests of the children—are protected. Continue reading below to learn more about how child custody works in Texas family law.

    Initial Presumption Child Custody
    Texas family law begins with the presumption that the two parents will share custody of their children after a divorce. However, parental duties do not need to be shared equally. Specific child custody rights may be awarded to one parent over another depending on the best interests of the child. However, the presumption that parents have joint legal custody, or share in legal decisions pertaining to minor children, needs to be contested should one parent believe that such is not in the best interests of the children.

    Mediation Preference
    Texas courts also strongly encourage mediation to shield children from the courtroom. Mediation allows for a cooperative setting where each side is still represented by a child custody lawyer. A mediator will consider many factors in helping the parties agree on which parent should have primary physical custody, including the history of contact between the parent and child and the respective relationships between each parent and the child. A mediator will also consider the child’s health, safety, and welfare, the parent’s health, and each parent’s financial situation. Finally, a mediator will consider any history of physical or emotional child abuse.

    Necessary Litigation
    While mediation is often mandatry, if one parent simply refuses to sit down and discuss child custody issues, the case will go to court. Going to court is generally a last resort in Texas family law, but a trial becomes necessary if parents are unable to work together in the best interests of the child. If you go to court, a family lawyer will stand by your side to advocate for your legal rights.

  • Understanding Probate Litigation

    Probate is the process of settling a deceased person’s will and requires the services of a probate lawyer in the Woodlands. A probate lawyer can ensure the process is as smooth and efficient as possible, even in the event that a will is contested.

    Probate litigation involves resolving a will contest. A probate lawyer may authenticate a will if a person believes that it was improperly drafted or was created under suspicious circumstances. A lawyer is also necessary where the heirs are disputing the terms of a loved one’s will and need protection of their legal rights and claims to property or possessions. A probate lawyer can also help determine the rightful heirs in the absence of a will. If someone passes away without drafting a will, your attorney will appear in probate court to assisting in determining what your proper entitlement is under law. Of course, the best way to avoid probate litigation is to hire a will lawyer to draft a will while you can still make your wishes known.

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  • Get the Facts on Child Support [Infographic]

    When you and your spouse are in the process of a divorce, it can be a stressful time for everyone involved. During matters of child custody near The Woodlands , the issue of child support payments will come up. There is no national standard for determining the amount of child support; rather, each state has its own guidelines to figure out what an adequate monthly payment may be. In Texas, child support is determined through figuring out the paying parent’s monthly “net income,” and then calculating a percentage that varies depending on how many children are being supported. Failure to pay child support can result in wage garnishment, suspension of driver’s license, and other consequences—even time in prison. Take a look at this infographic to get the facts about child support. Please share with your friends and family.

    Child Support

  • Reasons to Create a Trust

    Many people erroneously believe that trusts are only for the very wealthy, but wills and trusts are often established in the Woodlands to simply to help manage property and assets . To create a trust, a lawyer will create a legal document holding property or assets for a specific person, known as the beneficiary. Your lawyer will also name a trustee who controls the trust, which is generally a trusted family member, friend, or attorney. Continue reading to find out why trusts can help you manage your assets’ distribution, ensure your wishes are protected, and save your family time and money.

    Manage Assets Create a Trust
    An attorney may recommend a trust for individuals who want to manage and distribute their assets in a very specific way. With a trust, a grantor can detail exactly how the estate will be distributed with much greater precision than a will allows. For beneficiaries who cannot be relied upon to make their own sound financial decisions, a trust permits the grantor to distribute funds in small, periodic amounts, free from the grasp of creditors.

    Ensure Execution
    A trust is more difficult to contest than a will, which means your exact wishes will likely be executed without resort to costly litigation. A will is comparatively open to challenge from anyone who is displeased with the distribution of assets. This is not to say that wills are inferior; they are not. As every person with a trust should also have a will, just in case. A trust can be challenged only if the complainant argues that the person was mentally incapacitated when the trust was established and did not understand the implications. A complainant may also argue that the grantor was unduly influenced by another person and did not create the trust of his or her own free volition.

    Save Resources
    Many people contact an attorney to create a trust so their survivors can avoid probate court later on. Whenever assets are distributed according to a will, a probate judge is required to determine the will’s validity. This process requires assistance from a skilled probate attorney. By creating a living trust, you enable your descendants to bypass this process so they can access estate property more quickly. Although more costly up front, a trust also helps your family avoid the fees charged by a probate court.

  • How to File for Divorce

    The first step in filing for divorce should be to consult a family attorney in Spring, TX. A divorce lawyer will review your situation and discuss all applicable issues with you, such as child custody, property division, and child support. When you’re ready to move forward with the petition, your divorce lawyer will prepare and file a petition with the court on your behalf. Thereafter, your soon-to-be ex-spouse will be served with the divorce papers.

    For more information about family law, watch this video and talk to your child custody lawyer. This brief introduction to divorce petitions explains that both spouses may be required to submit financial affidavits and supporting documents to the court. You’ll also learn about some of the temporary orders the court may issue while the divorce is pending.

  • A Look at Grounds for Divorce in Texas

    Although every divorce case is unique, they do tend to share some similarities. For example, many people file for a no-fault divorce, rather than a fault-based divorce. Texas family law statutes allow for both types of divorce. When you visit a divorce attorney near Spring, TX, one of the questions he or she will likely ask is on which grounds you plan to seek a divorce. If you aren’t sure, your divorce lawyer will help you make this decision. divorce attorney in conroe, tx

    Insupportability

    If you prefer to file for a no-fault divorce, your divorce lawyer will prepare the divorce petition based on “insupportability.” Texas family law recognizes insupportability as having occurred when there are unresolvable differences or disagreements present in the marriage. In many other states, this concept is known as “irreconcilable differences.” If you file based on insupportability, this tells the judge that you are not blaming your spouse for any particular misdeeds, such as adultery, which led to the breakdown of the marriage.

    Adultery

    Adultery is one of the possible grounds for a fault-based divorce. It is one of the primary “fault” grounds for divorce. Proving fault in a divorce may be preferable for some individuals because the court may favor the spouse who is not at fault when determining matters such as child custody, child support, spousal support, and property division.

    Cruelty

    Texas family law also allows for a fault-based divorce if it can be proven that one spouse is guilty of cruel treatment towards the other spouse. Cruelty can be difficult to prove and its definition can vary from state to state, and from judge to judge. However, cruel treatment is generally defined as repeated demonstrations of rage, physical attacks, the flaunting of adultery, and the intentional transmission of a sexually transmitted disease without the other spouse’s knowledge.

    Conviction or Confinement

    If your spouse has been convicted, your family lawyer may recommend filing for a fault-based divorce. However, your spouse must have been convicted of a felony and imprisoned for a minimum of one year. If your testimony was used as evidence against your spouse in court, you are ineligible to file for divorce on these grounds. You can also file for divorce based on your spouse’s confinement in a mental hospital for at least three years without hope of recovery.

    Abandonment

    Abandonment occurs when your spouse has intentionally left you for at least one year. You can also file on the grounds of living apart if you and your spouse have not cohabited for three years.

  • Why You Need an Adoption Attorney

    You already know that you’ll need the help of a family attorney in Conroe, TX, if you’re planning a divorce or seeking child custody. But did you know that family law attorneys can also assist families who wish to adopt ? Adoption involves much more than opening your home and heart to a child in need. It’s also a legal process that requires the expertise of a family law attorney. When you consult an attorney about adoption, he or she can inform you of all applicable laws and regulations. Your family attorney can also provide a basic overview of the adoption process and what you can expect from each step.

    Family law attorneys may recommend local adoption agencies and help you understand the different types of adoption. You can rely on your attorney to thoroughly prepare you for any court hearings you may attend and to represent your family in court. Sometimes legal complications arise, such as if the birth parents have a change of heart about giving up the child for adoption. If there are any unexpected bumps in the road, then your attorney will be there to help you.

    family attorney in conroe, tx

  • Tips for Hiring a Divorce Lawyer

    Hiring a divorce lawyer serving The Woodlands requires more planning than simply selecting a name from a phone book. The right attorney will thoroughly prepare you for the hearing or help you explore alternatives to a formal trial. He or she will serve as your legal advocate and function to protect your best interests. Before you hire a divorce lawyer , you’ll need to meet with him or her to discuss your case and ask any questions you may have. It’s always wise to write down a few questions prior to arriving for your first consultation with a divorce lawyer. divorce lawyer in conroe, tx

    Schedule an Initial Consultation

    If a divorce lawyer is highly recommended by your friends or family members, then you’ll need to schedule a brief appointment before hiring him or her. Be sure to ask if the family attorney charges a consultation fee for the appointment. Some divorce lawyers offer initial consultations free of charge. Others can charge over $500 each. When you go to the law office, bring along any relevant paperwork, such as a copy of a prenuptial agreement if you have one as well as any pleadings which may have been served upon you by your spouse’s lawyer.

    Ask the Right Questions

    You can expect the divorce lawyer to ask you some questions about your case and your goals for the outcome of the divorce. For example, would you like to pursue physical custody of the children, and do you plan to seek spousal support? In turn, you’ll have the opportunity to ask the lawyer a few questions. Since your time is limited, make such questions count. You can ask how much experience the lawyer has handling divorce cases and how the lawyer might approach your case. What is his or her governing philosophy in general? You can also ask about the lawyer’s views regarding the advisibility an agreed or uncontested divorce.

    Discuss Practical Arrangements

    Before you leave the law office, make sure you understand how the logistics of your case will be handled, and the expected time frame. Discuss arrangements such as the lawyer’s fee structure, how often you’ll be contacted with updates, and who you should call if you have questions later on.

    Trust Your Instincts

    After your consultation, take a few minutes to evaluate the information you received and the first impression the lawyer made. Although choosing a lawyer with experience is a must, it’s critical to select a lawyer with whom you feel comfortable discussing highly personal, sensitive matters. A world-famous lawyer who you cannot communicate with is much worse than the average Joe six-pack lawyer with whom you can both communicate and feel comfortable. Hire a divorce lawyer who will treat you with the compassion and respect you deserve during a difficult time in your life.

  • Understanding Child Support

    A child support lawyer should help you explore all aspects of family law in The Woodlands that apply to your particular situation. For example, your family law attorney can help you seek child custody and, once you are established as the custodial parent , your family law attorney can further help you petition for child support payments. Child support is based on the idea that both of the child’s biological parents are financially responsible for meeting the child’s needs. Indeed, the obligation to support your children is found in the Texas Constitution. Child support is intended to go toward the cost of the child’s housing, education, medical care, food, and other necessities.

    When you watch this video, you will learn more about the basics of child support and family law. This expert explains that child support guidelines vary from state to state. Wisely, he ultimately urges viewers to get in touch with a family attorney for case-specific guidance.