Each branch of the law has particularities, and family law lawyers specialize in cases that involve family matters. While family law and family lawyer encompasses many things, a family lawyer in Texas most often handle issues such as divorce, division of assets, and child custody. Family lawyers may also get involved in criminal cases concerning certain types of abuse or when minors are involved.
They deal with legal issues that concern family members and issues like divorce, child custody, and guardianship, among others. A Family lawyer can act as mediator in case of a family disagreement. They can also represent litigants in family disputes that end up in court.
Divorce: Family Lawyer
Ending a marriage is never easy, and communication between spouses can be challenging during the divorce process. A family attorney may help in different steps of the process, such as:
Division of Assets
In Texas, a couple’s assets are classified between community and separate. Separate assets include gifts from a third party, assets acquired before the marriage, inherited assets, and assets resulting from a personal injury process. Community assets include everything else acquired during the marriage (unless expressly excluded in a pre or post-nuptial agreement). The same principle applies to debt.
To determine how community assets are divided after a divorce, a court must ponder facts like the duration of the marriage, custody of minor children, health and education of the spouses, opportunities for future employment or business, and differences between earning capacities. It’s also important to note that Texas is an “at fault” state regarding divorce. A family law attorney will help you navigate the process by helping you provide valid evidence and filing all paperwork promptly.
Child Custody
Child custody decisions are never easy, and having a lawyer by your side is essential. Usually, Texas courts will try to award both parents joint custody unless one parent is neglectful or abusive (and there’s evidence to support such a claim). Child custody cases are not exclusively decided during a divorce. Custody may change for several reasons, and it may not even be the parents fighting for custody of a child. If you are going through a custody case, you need a family lawyer by your side.
Spousal Support and Child Support
Texas law is particular regarding spousal support, as the state has established caps ($5000 or 20% of a spouse’s income) on spousal support benefits. The duration of spousal support is also limited according to the duration of the marriage and the divorce circumstances. It’s essential to have a lawyer by your side to ensure that your spousal support agreement is fair and in your best interest.
On the other hand, child support is awarded to the custodial parent to provide for a child. Child support payments are also capped according to the payer’s income, but it may include additional expenses such as extracurricular activities.
Adoptions
In Texas, to adopt a child, you’ll need to:
- Demonstrate your financial and emotional stability
- Have your home screened for safety hazards
- Provide character references and information about your lifestyle
- Complete and file an adoption application
While Texas authorities have prioritized expediting and facilitating the adoption process (for example, you no longer need to be married to adopt), the process can still be long and pose administrative challenges. A family attorney will help you gather all necessary information, comply with all regulations, and file all your paperwork promptly.
Estate Planning
While some people believe that creating a will is morbid, not having one can put your loved ones in a challenging position. A Family Lawyer can help you draft your will and plan your estate, ensuring that your assets will be handled as you desire. Estate planning is critical if you have children, as you will be able to decide who will care for them and how your estate will financially support them.
Elderly Protection
Unfortunately, abuse towards the elderly is on the rise. Family law attorneys in Houston, TX can help senior citizens, and their families protect their rights and ensure their safety. They can help you create a healthcare plan that includes long-term care, represent the elderly’s best interest regarding financial issues, draft living wills, file nursing home claims, and select and appoint legal guardians.
Domestic Violence
The term “domestic violence” alludes to abusive behaviors that may include:
- Isolation of a victim
- Controlling behaviors
- Physical or verbal harassment
- Stalking
- Physical violence (punching, shoving, strangling, etc.)
Victims of domestic violence need proper representation to ensure their safety. A family lawyer will be able to help get restriction orders, terminate rights, accelerate a divorce process, and get paid for damages.
Mediation: Family Lawyer
Mediation can be the best course of action for family-related matters, and your family lawyer can facilitate a mediation process. Both parties will need to compromise during the mediation process to avoid taking their case to court. While a mediation process may seem emotionally draining, it is less complicated than a trial.
Family lawyers are professionals who advocate for you and help you ensure your family’s safety and wellbeing.