Should You Change Your Will After Divorce?
Divorce lawyers serving Spring, TX, regularly advise their clients to change their wills after a divorce. While in this process, you should also make any necessary adjustments to your living will and power of attorney.
Divorce lawyers caution all clients amend their wills and the beneficiary designations for life insurance, 401Ks, IRAs, and any other documents where a former spouse is named as beneficiary. After you file divorce papers, you may feel understandably emotional. While making changes to wills and trusts may be the last thing on your mind, you need to consult with a probate lawyer or divorce lawyer as soon as possible. Effectively, even though a divorce “disinherits” your spouse, failure to be vigilant may result in your own children and other beneficiaries becoming effectively disinherited. Ideally, you should review your will, living will, and trusts before filing for divorce, and, if not, most certainly afterwards. That way, your former spouse will not be able to unfairly pursue your individual resources.
Answering Common Questions About Filing for Guardianship of a Minor
Family law in the Woodlands has very specific rules when it comes to seeking guardianship of a minor child . If you want to become a child’s guardian, then certainly your first step should be to consult with a guardianship or child custody attorney. Your lawyer can review the specific facts of your case and gather up the necessary paperwork. You will ultimately need to file an application with the court. Continue reading for answers to some frequently asked questions about guardianship over a minor.
Can I Establish Guardianship Without the Parents’ Consent?
Customarily, a guardianship over a child occurs when the minor’s parents are deceased. For child custody over a minor to be obtained legitimately, then you will usually need to have the consent of the child’s parents. On the other hand, if you are seeking legal advice on how to seek custody when parents have abandoned a child or are otherwise failing in their parenting duties, then your attorney will advise you that the rules may be different. The court will take away child custody if it is in the child’s best interests to have a non-parent as their guardian.
Are Legal Guardians Financially Responsible for Children?
Custody lawyers caution potential legal guardians that their financial responsibilities can differ, depending on the circumstances. If the parents’ rights have been legally terminated, they are no longer required to pay for any of a child’s care. However, if biological parents still have physical child custody or the right to visitation, they may continue to be financially responsible for the child. In short, guardians can seek child support from living parents.
Why Would Parents Want to Appoint a Guardian?
While legal guardianship is sometimes sought while parents are still alive, parents may also appoint a legal guardian in case they become unable to raise their children. For example, legal guardianship may be a part of the wills and trusts process. If you have children, naming a legal guardian is simply good planning. While no one imagines that anything bad will happen to them, it is reassuring for many parents to know that their children will be well cared for by a guardian of their choosing if they pass away suddenly.
How Pets Can Become An Important Issue During a Divorce
Divorce attorneys near Spring, TX regularly give their clients advice on both child custody and pet custody. In family law, pets are treated as property when a couple makes the decision to divorce.
As divorce lawyers know, couples can have a difficult time determining which partner retains custody of a pet, or perhaps how a pet is to be cared for following separation. After you make the emotional decision to divorce—and select your divorce attorneys from a family law firm—the last thing you want is to give up the love and comfort that a pet provides. Cats and dogs offer unconditional friendship and never let their owners down. If you are considering divorce and want to keep your beloved pet, seek legal advice from an experienced family lawyer.
Navigating the Contested Divorce Process
Once you have made the difficult decision to end your marriage , your first step should be to consult with divorce lawyers serving Spring, TX. Only divorce lawyers who are experienced in family law and know the family court system sufficiently well can make sure your rights are protected throughout the process. Over the course of a marriage, many people have children and also may have accumulated significant assets. Such matters can lead to disagreements over money, child support, and child custody. Continue reading to learn more about the steps involved in a contested divorce, including meeting with your attorney, filing the divorce petition, and negotiating the terms of the split.
Divorce lawyers advise seeking legal advice immediately after making the decision to end a marriage. After you have selected a family law firm, your attorney will sit down with you to go over the facts of your case. During this meeting, your divorce lawyer will interview you thoroughly and review documents pertaining to marital assets and children of the marriage. He or she will then advise you of what you are fairly entitled to, including child support and property rights.
Filing divorce papers, or a “petition,” is the next step in a contested divorce. Your divorce attorney will serve the petition for divorce on your spouse, who will then be given a certain time period to respond. If your spouse does not respond to the petition for divorce within 20 days plus the following Monday, he or she is in default and you may obtain a judgment of divorce without your spouse’s imput. If your former spouse does respond, the case proceeds to discovery and trial, or settlement.
During discovery, your divorce lawyers will ask your spouse’s attorneys for detailed information regarding his or her income and child care. After both sides have the requested paperwork, their divorce attorneys generally meet and attempt to come to an agreement, or settlement, before the final court date. If spouses cannot agree to divorce terms, a trial is scheduled.
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