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Top Issues to Discuss with Your Texas Divorce Attorney
Going through a divorce can feel overwhelming at times. However, you may find some peace of mind knowing that your divorce lawyer serving Spring, TX, will handle the legal matters for you, while you focus on moving forward with your life. To help you stay organized, it’s always wise to jot down a list of questions and concerns you have for your divorce lawyer . Some common family law issues are child custody, visitation, support, and property division.
Child Custody
If the marriage produced a child, the child’s best interests should be the top priority for both parties. Even if your divorce is contentious, it’s important to realize that your child doesn’t share your feelings toward your soon-to-be ex-spouse and that your child needs both parents in his or her life. Your divorce lawyer can help you negotiate a child custody arrangement that preserves both parents’ relationships with the child.Visitation
Even when parents share joint custody, the child will generally reside with one parent more than the other, solely for practical purposes. When you meet with your family lawyer, discuss what you expect from the visitation schedule. Consider who might have the child for holidays, school vacations, and weekends. Additionally, consider whether the visitation schedule allows the child sufficient time for school projects, extracurricular activities, and social events.Child Support
Non-custodial parents will be required to pay child support. Generally, in Texas, a non-custodial parent of one child must pay 20 percent of his or her net monthly income. The percentage of net income set aside for child support increases when there are multiple children to support. Consider asking your child custody lawyer how to obtain and enforce a child support order if you are the custodial parent.Property Division
The division of assets and liabilities is another significant issue for divorcing couples. When you meet with your divorce lawyer, bring along a list of your marital assets and debts. Let your lawyer know which assets are most important to you and which you might be willing to let go to the other party. In Texas, community property is not necessarily divided on a 50/50 basis. Fault for the breakdown of the marriage and differences in earning potential of the spouses are factors that a judge might consider when dividing property and liability. -
Top 10 Reasons for Divorce in Texas [INFOGRAPHIC]
With more than half of marriages each year ending in divorce, it’s no surprise that there are a long list of reasons couples split. Most of the actual reasons couples divorce are emotional ones, including trust issues, jealousy, and disagreements over religious and cultural issues. However, when you go to a divorce lawyer to file your case, one of the first things he or she will do is try to match your reason for splitting with one of the seven legal grounds for divorce in Texas. That is just one of the reasons why it is so important to let a divorce lawyer handle your split as you negotiate family law issues like spousal and child support. Learn more about why couples divorce in this infographic from Andrew J. Bolton, Esq. , a divorce lawyer serving The Woodlands. Choose our practice when you need a divorce or family lawyer, and please share this information to help others facing this difficult situation understand their rights.
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Worms Escaping The Can – The Gay Marriage Ruling and Probate
The Supreme Court’s recent Obergefell ruling stated that two individuals of the same sex have a constitutional right to marry, and that ruling calls forth some interesting questions. For example, in law school we learned that, when the Supreme Court decides for the first time that a person has a constitutional right to engage in some activity, that right is a right which has always existed, and the Court is only then annoucing its intention to safeguard it.
If this is indeed so, then there are many states, including Texas, which have not previously recognized same sex marriage. This is important because, in those states, when a partner in a same sex relationship dies, the surviving partner, absent a will, does not inherit anything of the estate of his or her deceased partner. In such cases, it is the children of the deceased partner who generally inherit the estate.
Now, however, we find out that those individuals who did not have the ability to get married because such was not recognized by their state (or previously were married in a foreign state that did recognize same sex marriage), they should have been allowed to inherit the estate as a surviving spouse.
I wonder how many cases will need to be reopened to redirect inheritances towards spouses of gay decedents from that decedent’s children to the unconstitutionally-denied spouse? Litigation aplenty is in store.
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When Does Probate Take Place?
When an individual dies, the probate process begins after the executor files the necessary application in probate court. Sometimes, the surviving family members will hire a lawyer to represent them in the probate court in The Woodlands. The executor then proves the validity of the will before the Court. In such cases, it usually takes only a few months to complete the probate process. However, some cases may take longer, particularly if a probate attorney disputes the authenticity of the will or disputes one or more terms of the will.
You can hear more about the probate process by watching this video or consulting your lawyer. This expert explains why probate is necessary and discusses the role of the executor. He also explains which types of assets do not need to go through the probate process.
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Answering Common Questions About Divorce in Texas
Generally, the process of divorce is similar across the country. However, each state sets its own specific family laws . So, if you’re a resident of Texas contemplating divorce, it’s in your best interests to consult a family law attorney serving The Woodlands as soon as possible. Your lawyer can advise you of the applicable laws, explain the steps of the process, and help you in protecting your legal rights.
How Long Does the Divorce Process Take?
If you’ve recently moved to Texas or to a new county in Texas, the divorce process can take a little longer than usual. As your divorce lawyer can inform you, Texas has a residency requirement. You or your spouse must have been a resident of the state for six continuous months. Additionally, one of you must have been a resident of the county in which the divorce papers will be filed for a minimum of 90 days. After the lawyer files the divorce petition, the divorce cannot be finalized for at least 60 days. However, if there are disagreements it may take longer to finalize a divorce.What Are the Grounds for Divorce?
Like almost all other states, in Texas, you can file for either a no fault divorce or a fault-based divorce. If you can prove that your spouse is to blame for the breakdown of the marriage, it may be in your best interests to file for a fault-based divorce. This is because the judge may consider the fault of the other spouse when determining questions such as the division of marital assets. The grounds for a fault-based divorce include adultery, abandonment, cruel treatment, long-term incarceration, long-term confinement to a mental hospital, and separate residency of at least three years.Can I Receive Spousal Support?
Spousal support isn’t alimony, and it isn’t automatically granted. However, your divorce lawyer can argue that you should receive spousal support payments. In many divorce cases, a judge may grant temporary spousal support while the divorce is pending if you are unemployed or have significantly lower wages than your spouse. Depending on whether the conditions are met, it is possible for spousal maintenance payments (or alimony) to be ordered paid for up to three years after divorce. -
Common Disputes During Divorce
Divorce is rarely a stress-free process, particularly when the parties disagree about issues such as child custody or the division of assets. When a marriage has produced a child, it is particularly important to retain the services of a family law attorney in The Woodlands. A lawyer can help both parties develop a unique child custody plan that supports the child’s best interests. Ideally, a custody plan should allow the child to have access to both parents in a balanced manner and reduce the likelihood of future conflict.
Other common disputes a divorce lawyer can handle include disagreements regarding property division. Under Texas law, property division during a divorce isn’t necessarily equal. The judge considers factors such as fault of a party which gives rise to the divorce as well as each party’s earning potential. A lawyer can thoroughly review the case to determine if one party may have a stronger claim to certain property. Family law attorneys can also provide guidance with regard to child and spousal support disputes. Because judges typically consider more than the mere finances of the parties, it is important to have a trusted lawyer assist you in asserting your rights.
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The Importance of Having a Will
If you haven’t yet drafted a will, it’s time to schedule an appointment at a law firm that emphasizes estate planning in The Woodlands. Having a will is important for nearly every adult, especially parents who have minor children. An estate planning attorney can draft your will in a way that reduces the possibility of disputes. This can go far in promoting family harmony after your death. Even if you have already made your last will and testament, it’s a good idea to visit your lawyer periodically to update your will as your circumstances change.
Children
Even if the distribution of your property after your death is not a matter of concern for you, you definitely need a will if you have minor children. If you die intestate (which means without a will) then a judge will determine guardianship for your children. This may not necessarily lead to an arrangement that you would have chosen yourself. Having your lawyer create a will for you is the only way to designate your children’s guardians in a manner pleasing to you.Children’s Property
It’s common for parents to name their children as beneficiaries for certain assets. However, if you die while your children are still minors, an adult must manage the property. You can use your will to designate a property manager and you can leave specific instructions with regard to how you want the property to be managed.Pets
Sometimes, an individual’s beloved pets end up in an animal shelter after his or her death. You can prevent this from happening to your pets by using your will to designate a caretaker for your furry or feathery friends. You might also consider leaving money to the caretaker for the care of your pets. Many shelters and animal adoption centers offer plans which allow you to create very unique and satisfying arrangements for your pets should you pass.Property
People often consider it very important to ensure that specific assets are distributed to certain people after their passing. You can use your will to designate beneficiaries for certain financial accounts, vehicles, and similar assets. If you have family heirlooms, designating beneficiaries for them can be helpful for preventing family disputes after your passing. -
A Look at the Documents You Need for Estate Planning
Estate planning involves the creation of many different documents for avoiding probate in The Woodlands , including living trusts, advanced directives, and powers of attorney. A living trust may be beneficial for managing your assets following death. However, a will may be preferable because it is both simple to create and works well with your power of attorney.
In this video, a will attorney outlines what documents you need for creating a trust and which documents you need for creating a will. As he explains, you need financial powers of attorney to allow someone to manage you assets if you become incapacitated. To obtain powers of attorney, you also need to provide your lawyer with medical directives and a HIPAA release. This allows you to list everyone you want to be able to talk to the doctors in the event you become incapacitated.
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Why You Should Hire a Lawyer to Write Your Will
A number of people take a do-it-yourself approach to creating a will and assume they don’t need to consult with a will lawyer in The Woodlands . However, each state has very specific requirements for drafting a will, which must be followed in order for the will to be legally valid. If you do not know what these requirements are, how do you know that you’ve complied with them? Meeting with a will lawyer can help someone ensure transfer of assets, guardianship of children, and other estate decisions are handled properly.
Meet state requirements
Perhaps the biggest reason to hire a professional when drafting a will is to make sure that your will meets Texas’s unique will-drafting requirements. Some lawyers even offer free consultations for the purpose of discussing wills and trusts. If you don’t meet your state’s requirements in drafting a will, then you may lose the opportunity to make decisions regarding the division of your estate and guardianship of your children. Without a proper will upon death, state statutes will dictate the division of your assets between your spouse and children. On the other hand, a will attorney can help you ensure certain assets are given to specific loved ones. Additionally, consulting with an attorney allows you to make an educated choice in determining who will be responsible for your children after your death.Lessen family disputes
Self-created wills can be easy to change and update. Unfortunately, this means that overzealous relatives can take advantage of an elderly family member and convince him or her to alter the will in a particular favor. A will lawyer makes sure that clients have the capacity to write and change their wills, which reduces the likelihood of bitter family disputes and lengthy court battles.Reduce expensive court costs
Drafting a will on your own and failing to do so properly opens your family up to painful legal battles after your death. This means that while do-it-yourself will drafting may be cheaper initially, it also could end up costing your family thousands in subsequent court fees and legal battles. Ensuring your will is drafted properly can also help ensure your family won’t be fighting over property or guardianship issues after you die. -
What Should You Do if You Need to Update Your Will?
Even if you are in good health, from time to time it’s a good idea to consult with a will attorney in The Woodlands about updating your will. Creating a will is one of the most important decisions you can make for your family, as it reduces the likelihood of disputes after you pass, as well as smoothes the transition for your loved ones. Consequently, you should have a skilled will attorney draft this important document to ensure the terms of your will are properly carried out.
In addition to the need to choose a will attorney, the will itself also need to choose an executor who ensures that its provisions are properly carried out. The executor should be a responsible person whom you can trust. As circumstances often change, accept that you may need to alter the terms of your will down the road. An experienced will lawyer can make sure your present will still reflects your wishes upon passing. Your lawyer can also make sure you avoid any misunderstandings by using proper language in your will. You believe that your do-it-yourself will is clear and concise? Remember this: You will not be there to explain it to the judge. Leaving ambiguous terms in the document could lead to disputes among your heirs or even a failure for the will to be accepted into probate. Will lawyers draft using clear language to ensure life is easier for your beneficiaries.
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