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.

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.

Short-Term Emergencies
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.

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.

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.

Individual Assets
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.

Irrevocable Trusts
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.

Revocable Trusts
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.

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.

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.

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.

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.

Initial Meeting
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.

Divorce Filing
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.

Terms Negotiation
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.

In family law in the Woodlands, guardianship refers to one individual’s legal ability to make important decisions for another person. Similar to, but not the same as power of attorney, a guardianship usually comes into play when a loved one is incapacitated due to age or special needs.

The family law concept of guardianship has long enabled spouses or close family members to protect loved ones who are no longer able to make sound decisions. A family law firm regularly counsels clients who are concerned about aging relatives who have begun to lose their mental faculties. Sadly, seniors are often highly susceptible to fraud or being otherwise taken advantage of by unscrupulous criminals who prey on their infirmity. If you and your attorneys ask a court to grant a guardianship over one of your loved ones, it means you will make important decisions about his or her residence, medical care, and end-of-life procedures. The court will only remove the rights over which it believes the proposed person under guardianship is incapable of handling. As your law firm will explain, guardianship is a major responsibility, and you should only begin the process after seeking legal advice.