A Look at the Discovery Phase of Contested Divorces
During a divorce, if both parties cannot agree on issues such as division of assets and child custody, the divorce becomes a contested one which must be settled in court. Although a divorce lawyer is important, even in amicable splits, having legal representation during a contested divorce is essential. To prepare for court, divorce lawyers in Spring , TX representing both parties will likely initiate a discovery phase wherein legally-binding responses are requested from each party. Follow your divorce lawyer’s legal advice closely during discovery, as what happens during this phase can have a dramatic impact on the final divorce decree.
“Discovery” is the process through which divorce lawyers gather information to prepare their cases. Discovery can include requests for documents pertaining to assets and debts, written questions that must be answered under oath, depositions, and requests for admissions or denials of facts pertaining to the marriage and divorce. Throughout discovery, divorce lawyers may be able to file objections to certain requests made of their clients; this is where competent representation is essential. Divorcing couples can sometimes come to an agreement on the issues surrounding their divorce by working through their attorneys during discovery. If they do not, then, or course, the divorce will progress to trial.
When to Modify Child Support Agreements
During divorce proceedings, child support is usually one of the most contentious issues. While courts often invoke a “one size fits all” child support order, a competent attorney can request that a court consider a number of factors when awarding child support, including the age of the children and each party’s ability to pay. Moreover, it often becomes necessary to adjust child suppot in Conroe, TX when changes in need, or income, occur. When this happens, a family lawyer can help you file the correct paperwork and make your case for modification. Here are some of the circumstances that may make you eligible to change your child support agreement.
Temporary child support modifications can be awarded to address short-term emergencies. Some of the circumstances that may make you eligible for this temporary modification including one parent being laid-off from work, or the child, or a parent, experiences a medical emergency. For instance, if you lost your job and cannot pay the same amount of child support, a court may temporarily adjust your payments until you start working again. But you must ask. Likewise, if you have custody of a child who has a medical emergency, you may request additional child support payments temporarily to help pay for treatment costs.
Change in Income
Beginning in 2018, changes in income alone no longer will constitute a sufficient reason for a child support modification. Where there is a “material and substantial change” in the circumstances of a paying spouse, then that might form the basis for modification, but no longer is a mere increase in his or her salary sufficient.
Change in Need
Child support agreements can be amended if a child has a change in his or her needs. For instance, he or she may have additional expenses associated with medical costs for a chronic condition or be entering college and need tuition money. A family lawyer can provide legal advice to help you determine if a permanent change in need exists that could make you eligible for a modification.
How to Enforce a Divorce Decree
Divorce attorneys near Conroe, TX, often counsel clients about how to enforce their divorce decrees . In family law, an individual must inform the court if his or her former spouse refuses to comply with a divorce decree.
Divorce lawyers are necessary for making sure assets are divided equitably after a divorce. However, when divorce papers are filed, couples sometimes realize they have more debts than assets. A family law attorney can help in making sure you secure a fast, cheap but secure, divorce. In addition, you need divorce lawyers to make sure that you do not needlessly shoulder your spouse’s debt. If your ex will not comply with the court’s division of debts or assets, then contact your attorney right away.
How Divorce Affects Your Heirs
Family law in the Woodlands can be complex, which is why divorce lawyers are often needed to protect your rights. Only an experienced family law attorney can safely guide you through the process–from filing divorce papers to dividing marital assets. As your attorney will explain, any change in your marital status requires also changes your will. With help from a law firm that handles both family law and estate planning, you can ensure that your last will and testament accurately reflects your final wishes, and divorce does not frustrate your plans. Keep reading to learn more about how divorce could affect your heirs.
As your divorce lawyers will advise you, making the difficult decision to end your marriage also may affect how your personal property is distributed through your will. Texas provides that a divorce removes your spouse as a beneficiary of your will automatically, but your spouse’s absence may create a new urgency in redrafting your will. In the event of serious illness or an accident, a thorough redraft will provide you needed comfort in knowing that your will and living will are enforceable and conform to your wishes. However, if you do not make necessary alterations to your wills (and trusts), then your heirs may not be able to collect the money you intended to award them. To ensure that your wishes are honored, have your family attorney or probate lawyer review your first will and then create a new document.
Wills and trusts can certainly become more complicated after a divorce. For example, irrevocable living trusts cannot be changed, regardless of when or how your marriage ends. An irrevocable living trust involves having all assets transferred and signed over to a trustee, who retains sole control for the benefit of others. If you have already created an irrevocable living trust for one or more of your children, then neither you nor your former spouse may change the arrangement. In many cases, that means that your heirs’ inheritance will be protected.
Divorce can affect inheritances distributed through revocable trusts. Revocable trusts mean that a couple still has control over all assets in the trust. Therefore, you or your spouse can theoretically amend the trust, dissolve the trust, or remove all assets at any time. However, if you and your ex-opt to dissolve the trust, all assets need to be addressed in your divorce decree.
- Estate Planning
- Family Law
- Drafting a Will
- Divorce Lawyer
- Texas Family Law
- Real Estate
- Probate Court
- Child Custody
- Andrew J. Bolton
- Law Office of Andrew J. Bolton
- Contested Divorce
- Child Support
- Living Wills
- Contested Will
- Probate Bond
- Heir Apparent
- Legacy Contact
- Living Trusts
- legal guardian
- Legal Disputes
- property rules
- Common Law
- Estate Tax