In most states, family courts establish custody arrangements based on what is in the best interests of the child. The courts consider a number of factors in making this decision, such as: 1. Filing for divorce: To file for divorce in Texas, a spouse must have resided in Texas for at least six months and have been a resident of the county where the divorce is filed for at least 90 days. The plaintiff spouse must file legal documents with the district court and serve documents on the defendant spouse. There are strict timelines for each step of the process, and if you don`t follow any of them, your case can be significantly referred. Note that Texas does not recognize legal separation, although the court may approve a written asset division plan that is fair and equitable to both parties. In addition, it is possible to apply for provisional maintenance if one of the spouses is not gainfully employed or earns significantly less than the other. Divorce can be a traumatic and overwhelming experience for both spouses, their children and the entire family. It`s crucial to choose an experienced divorce attorney to protect your assets, retirement savings, assets, and the best interests of the children during this time.
Zachary S. Elliott, attorney for the Canton family, TX, will work closely with you to identify your goals based on the specific facts of your case. 5. Enforcing orders: Unfortunately, too many people are not meeting their court-mandated obligations. If your ex-spouse has violated your legal agreement, we can help you enforce court orders. State law is on your side, but you must meet certain legal requirements. We know how to advance your case in the sometimes difficult area of family law. If you are wondering how to divorce or deal with a custody case, we can help you in one of the following areas: There are two common types of custody when it comes to parental rights and the best interests of the child: sole custody and joint custody. In addition, there are also two different categories into which custody can fall – physical and legal.
4. Spousal support: Spousal support refers to future payments made by one spouse to support the other. It is only granted in certain circumstances and the amount is determined by many factors. Whether you are applying for spousal support or having to pay it, we make sure your statutory rights are protected. Neighbouring Counties:Henderson County, Rains County, Kaufman County, Smith County, Wood County As a general rule, the courts will only accept a change if the circumstances of the child or one or both parents have changed significantly. We can help you prove the facts of your case and get an appropriate change to your new situation. Also, Texas law allows for a «no-fault» divorce due to intolerability, which essentially means you can`t get along anymore. There are also six «guilty» reasons for divorce, such as adultery and abandonment.
The reasons you choose can influence many court decisions that will have long-term effects on your life. Often, parents or other adults who have raised a child are invited by the court to participate in mediation. In mediation, you can discuss what you want, the problems you encountered when you swap the child from one house to another, and anything relevant to the situation. I hope you can find a solution that everyone can live with. Otherwise, the judge may draw up a parenting plan with which neither parent is satisfied. However, it is important to note that if there has been domestic violence in your relationship with the other parent, you may be able to skip mediation. Van Zandt County, TX Lawyers in related fields: If you and your ex-spouse agree to the terms of the change, this can usually be done without a formal court appearance. However, the agreement must be in writing and approved by the court to be legally binding. If you can`t reach an agreement, either party can ask the court for a new order. Most divorce cases can be successfully resolved through negotiation.
However, if we cannot come to an agreement, we are prepared to go to court. 3. Complex Real Estate Issues, Including Retirement and Benefits: In general, Texas is a communal owned state. This means that all property is generally considered to be the property of both spouses in equal shares. However, there are some exceptions. Moreover, a «fair and just» division of property does not always mean a 50-50 split. We protect your real estate interests. Let us determine with certainty the nature of the assets affected in your case, separately or jointly, based on full disclosure of your assets, debts and your spouse`s income.
Retirement savings and other benefits are particularly difficult to negotiate, but we have the expertise to help you find a fair solution. Wills PointCantonGrand SalineBen WheelerMartins Mills 2. Children`s concerns: In Texas, it`s assumed that children need a safe and substantial relationship with each parent. This assumption is not suitable for all cases and if protection is needed for you and your child, we can help. When protection is not needed, families are usually best served by sitting down with both lawyers to create a written parenting plan.