5 Common Misconceptions About Family Lawyers Near Me – Your Family Matters If you are involved in a family law case, it is imperative that you seek the advice of an attorney you trust. Here at Bolton Law, our lawyers understand the importance of resolving domestic disputes as amicably as possible, especially when children are involved.
Call our Woodlands, Texas office today at 281-502-4931 to schedule a consultation and learn more about how our family law attorneys can help you.
5 Common Misconceptions About Family Lawyers Near Me
The civil court system handles family law matters and may include domestic disputes between spouses or parents, as well as adoptions and legal name changes.
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If you are seeking to end your marriage, you can file a divorce petition at the county clerk’s office in your county. If you and your spouse agree on all terms, including alimony, child support, custody, and property division, you can save time and money by choosing an uncontested divorce. When the couple cannot reach an agreement, the contested divorce ends in court.
Texas has very complex divorce laws and requirements. That’s why it’s important to have the advice of a Woodlands family law attorney who has your best interests at heart. Bolton Law has experience in all types of divorce cases including gray divorce and high net worth divorce.
Under Texas law, both parents are obligated to support their children financially. In most cases, if the parents are separated, this means that one parent pays child support for the other. Our legal team at Bolton Law can help negotiate and establish preliminary child support orders.
If changed circumstances prevent you from meeting your child support obligations, we can help you track changes to existing orders. If your ex-spouse is neglecting to pay child support, we can help you file a post-judgment application.
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Child custody in Texas is known as “conservation” and is an important part of any divorce involving children. It is essential that the physical, mental and emotional needs of your children are protected during and after the divorce.
The family law attorneys at Bolton Law in The Woodlands, Texas can help you fight to protect your child’s best interests. If it is in the best interests of your children that they remain in your care alone, this can be in the form of a sole managing legal guardian, if you and the other parent are prepared to care for the children together.
We can help you navigate complex parental rights and custody issues, including visitation (parenting time), parental relocation, and paternity.
Under Texas law, alimony can be ordered if you are divorced or separated from your spouse. Our legal team at Bolton Law can help you pursue the fairest alimony agreement. If circumstances change, we can also help you ask the court to change your child support order.
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You can request a name change as part of the divorce action. Usually, women seeking to return to their maiden names or the names of their children from a previous marriage do so. The spouse’s name change is usually done even if there are minor children.
If you want to legally change your name, it is best to do so as part of the divorce because the requirements are usually stricter in a separate petition. It is usually difficult for a child to change their name unless they agree on it.
If your ex-partner, spouse or other family member is bullying, threatening, attacking, or harassing you or your child, you need someone to defend and protect you. We can help you get a restraining order against an abuser and keep your family safe from domestic violence.
If a parent or stepparent is facing criminal charges in Texas, the Department of Social Services (DSS) may initiate a child safety investigation. Parents often face conflicting priorities due to DSS research.
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Parents and step-parents have the right to remain silent when dealing with criminal cases. However, they will likely be under a lot of pressure to provide information to DSS investigators in order to retain custody of the children.
The legal team at Bolton Law focuses on the criminal charges against you and will help you coordinate your defense with the DSS investigation into your children’s safety, including what to say and what not to say to investigators.
Adoption is an exciting new chapter for families and adopted children, but the process can be complicated and difficult to navigate. Our family lawyers are here to guide you through every step of the adoption process.
Non-support is a “no-fault” basis for divorce. In Texas, you can get a divorce if the marriage becomes irreconcilable after conflict. This language is similar to the language of “irreconcilable differences” used in other countries.
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Wickedness refers to a situation where a couple requests a divorce because the other spouse is wicked in such a way that cohabitation becomes impossible.
To be eligible for divorce on the grounds of adultery, the party requesting the divorce must provide proof that the other spouse has committed adultery.
A fourth reason for divorce in Texas is a permanent felony conviction and a prison sentence. In order to be granted a divorce on the grounds that one of the spouses has been convicted of a crime, the spouse applying for the divorce must show that the other spouse has been convicted of a crime, has been in prison for at least one salt. year, and received pardon for the crime.
In Texas, a spouse filing for desertion must show that the other party left with the intent to abandon the marriage and has been gone for at least one year.
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Living apart is another “no fault” basis for divorce in Texas. If the couple lives separately and without cohabitation for at least 3 years, the court can grant a divorce.
If one of the spouses is incarcerated in a psychiatric facility and has a high chance of recovery, the court may grant a divorce on the grounds that they are incarcerated in a mental hospital.
To get a divorce in Texas, you or your spouse must have lived in the state for the previous 6 months and lived in the county where the divorce is to be filed for 90 days. However, if the residency requirements are not met, a divorce can still be granted, but the marriage took place in Texas.
After you file for divorce in Texas, the law says you have until “the Monday after the expiration of 20 days after the hearing” to file your answer to the divorce petition.
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The Texas divorce process can quickly become stressful and complicated. In such a situation, finding responsive and dedicated legal counsel can make all the difference. Your Woodlands, Texas family lawyer can explain each step in detail and make the divorce process as smooth as possible.
Texas is a social property state. Under Texas family law, everything you acquire during your marriage—real estate purchased, money you earn, and any other assets you acquire—is owned equally by both spouses and is divided by the court.
Divorce courts in Texas are required to consider and divide all marital assets between the two spouses, usually dividing assets and debts created and accumulated during the marriage equally between the divorcing spouses.
However, after considering several factors, the judge may order a property division that is not 50-50. Texas law dictates that community property is divided according to what a judge deems “just and fair,” or fair and equitable to both parties. The result can be anything other than a split even.
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The court first deduced from the premise that everything is community property and should be divided equally. Clear and convincing evidence is required to show that something acquired during the marriage is not community property.
The general category of non-community “separate property” includes items acquired through inheritance or gifts, premarital items, certain personal injury lawsuit proceeds, and certain types of disability benefits.
Keep in mind that there are special complex rules for separate and community interests in certain assets such as cattle, ranches and mineral interests. If something is shown as separate property, it is not part of the court’s division of property and is certified as separate property of the party who owns it.
If you and your spouse or ex-partner cannot agree on child custody, there are still options available. You can ask to participate in mediation or ask the court to intervene through a trial.
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If a trial is required to decide legal or physical custody and visitation of the child, the court will determine the rights of both parties to possession.
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