Family Attorney

Do I Need a Divorce Attorney in Texas?

Roughly half of all marriages in the United States end in divorce. In Texas alone, nearly 75,000 people go through the divorce process each year. While these numbers are shockingly large, they do not diminish the significance of each divorce to the couple at the center of it, nor to their family. For many people, a divorce is the most heart wrenching, traumatic event of their life. Not only is divorce emotionally draining; it can be financially devastating, especially without the expertise of a skilled Texas divorce attorney.

Texas is a community property state that does not recognize legal separation. This is a combination that can easily lead to financial ruin. Many couples remain separated for many months or even many years before following through a divorce. What most do not realize is that any new property they acquire while separated is considered community property within the marriage and any new debt they acquire is considered community debt. If you have been part of a prolonged separation before initiating divorce proceedings, it is absolutely imperative that you contact a Houston divorce attorney immediately.

The state of Texas allows a no-fault divorce. This means that the spouse who files for divorce does not have to prove or cite any particular wrongdoing on the part of the other spouse in order to ask for a divorce. However, it is important to note that fault can still come into play in your no-fault divorce. While not necessary for obtaining a divorce, fault or marital misconduct can be taken into consideration by the judge when marital property is being divided. If you fear that you could be at a disadvantage regarding marital property division due to wrongdoing during your marriage in Houston, TX, an experience divorce lawyer can help present your side of the story to ensure that you are represented fairly in court.

The Role of a Child Custody Lawyer in Texas

No other matter in family law is as emotionally charged as child custody. Losing any amount of time with your children can feel like a devastating blow to a parent. While every parent wants what is best for their child, many fall into the trap of letting their own anger, resentment, and self-interest get in the way of doing the right thing. These situations require the objective opinion of a level headed child custody attorney in Houston.

Texas offers several standard options when it comes to awarding child custody:

• Sole Custody: The child or children reside with one parent and that parent has the sole right to make all decisions about that child’s care.
• Joint Custody: The child or children reside with one parent, primarily, but the other parent has visitation rights. Both parents have the right to make decisions regarding the child’s care.
• Shared Custody: The child has two residences and resides with each parent for a minimum of 35% of each year. Both parents also have the right to make decisions regarding the child’s care.
• Split Custody: Siblings are separated and each parent has sole custody of at least one of the children.

It is very important for parents to understand and for child custody lawyers to explain that Texas recognizes two different forms of child custody rights: managing conservatorship and possessory conservatorship. Managing conservatorship permits a parent to make any necessary legal decisions regarding a child’s care and upbringing. This can include medical, religious, and education decisions. Possessory conservatorship is simply the right to access and spend time with the children and does not permit a parent to make any binding decisions about the children’s lifestyle. Involving a qualified child custody attorney in your Houston child custody case is the best way to ensure that you are educated and can fight for the rights you desire when it comes to custody of your children.

Texas and the Need for Child Support Attorneys

All parents are obligated to provide financial support for their children in some form. It does not matter whether or not the child’s parents were married to each other at any point; all children have the right to be supported until they reach adulthood. While Texas utilizes standard guidelines for the calculation of a reasonable amount of child support, unlike some other states, it does allow for the parties to agree upon a different amount. The standard formula for calculating child support amounts in Texas consider the children’s ages and needs, the income levels of both parents, and which parent the children primarily reside with. It is advisable to consult with a Houston child support attorney about the details of your child support case to ensure that your needs and concerns are addressed adequately by the court.

If a parent who has been ordered to pay child support fails to do so, it is a violation of a court order. This conduct is considered contempt of court and can be punishable by fines and jail time. Needless to say, Texas takes child support matters very seriously, and so should you. Do not approach a child support issue alone. Whether you are aiming to adjust child support, struggling to meet your obligations to pay, or apprehensive to begin the process of asking for child support, contact an experienced child support attorney in the Houston, Texas area for a consultation.

Family law encompasses all the legal issues that can emerge between spouses and family members, including divorce and the often intertwined matters of child custody and child support. These are delicate, emotionally charged, and private issues that require compassionate legal representation. Whether your Texas case requires a divorce lawyer, a child custody lawyer, a child support lawyer, or all three, contact The Law Offices of Frank E. Mann, P.C. A second generation family law attorney with 30 years of experience, Frank E. Mann is prepared to handle your case with the knowledge, respect, and dignity it deserves. Don’t wait; call for a free case evaluation today.