If you are in the market for a family lawyer in The Woodlands, then you may be wondering what to look for in a family law attorney. As with any other attorney, the most important thing is to feel comfortable with the person whom you choose.

When you hire a family law attorney, it’s important to insure that he or she has significant experience in family law practice. An experienced family lawyer can represent you no matter how complicated your case may turn out. He or she should know the state family law statutes and case law, as well as local courtroom procedures. A prospective attorney will also likely have handled many similar cases in the past and can advise you of possible outcomes.

For a family law attorney in Conroe, TX, look no further than the office of Andrew J. Bolton, Esq. With nearly 25 years legal experience, Andrew J. Bolton is dedicated to protecting your assets and doing what is best in your family law matter. Call us at (936) 435-1908 to get started.

Estate planning in the Woodlands can be complex, which is why you need assistance from a lawyer . While some people falsely believe that estates are reserved only for the very wealthy, anyone who owns something of value that they would like to pass on to a loved one upon death has an “estate.” Estate planning is the best way to maintain and enhance your financial security for the future. Continue reading to learn the basics of estate planning.

A family law attorney in the Woodlands often counsels engaged couples to consider creating a premarital agreement, sometimes called prenuptial agreements. No one ever anticipates getting divorced; a prenuptial agreements is simply an agreement that contractually determines how property is distributed if there is a split. As your family attorney will explain, having a plan in place will make sure that there are fewer issues, or disputes, later on. Continue reading to find out how hiring a lawyer to draft your premarital agreement will ensure legal validity, equitable distribution of property—and even encourage financial stability throughout the marriage.

Encouraging Financial Stability
In Texas family law, having your lawyer draw up a prenuptial agreement can encourage financial stability during a marriage. For example, if one spouse has a great deal of debt but not a lot of income, then a prenuptial agreement can arrange your affairs to keep the debt-free spouse’s income completely separate. In this way, creditors of the indebted spouse cannot touch the property or income of the debt-free spouse.

Dividing Property Equitably
The Texas Family Code authorizes prenuptial agreements to divide property upon divorce or the death of one spouse and can function to require, or exclude, spousal support or alimony. A lawyer can draft an agreement so that property is limited upon divorce whenever a specific contingency is not met. For example, a prenuptial agreement might require one spouse to pay a certain amount in contractual alimony to the other spouse if that spouse files for divorce without attending a certain amount of marriage counseling.

Ensuring Legal Validity
When you have a lawyer who practices family law draw up your prenuptial agreement, you can be confident that it is a legally binding contract. To be a valid premarital agreement in Texas, the document must be in writing and signed by both parties. As your family lawyer will explain, both spouses must also disclose all assets and liabilities before signing the agreement.

To speak directly to a family law attorney in Spring, TX, contact Andrew J. Bolton, Esq. Our family law firm handles all issues pertaining to family law and wills, including estate planning. If you are considering drafting a prenuptial agreement or even weighing your options for legal separation, call us at (936) 435-1908 to speak to an attorney.

If you are going through a divorce involving children , you will need to seek counsel from a family law attorney in the Woodlands. Even amicable divorces are extremely difficult for all parties involved, and emotions may still run high. Whether you and your former spouse have agreed to a child custody arrangement or whether you plan to contest his or her child custody request, a divorce lawyer can make sure your best interests—and the best interests of the children—are protected. Continue reading below to learn more about how child custody works in Texas family law.

Initial Presumption
Texas family law begins with the presumption that the two parents will share custody of their children after a divorce. However, parental duties do not need to be shared equally. Specific child custody rights may be awarded to one parent over another depending on the best interests of the child. However, the presumption that parents have joint legal custody, or share in legal decisions pertaining to minor children, needs to be contested should one parent believe that such is not in the best interests of the children.

Mediation Preference
Texas courts also strongly encourage mediation to shield children from the courtroom. Mediation allows for a cooperative setting where each side is still represented by a child custody lawyer. A mediator will consider many factors in helping the parties agree on which parent should have primary physical custody, including the history of contact between the parent and child and the respective relationships between each parent and the child. A mediator will also consider the child’s health, safety, and welfare, the parent’s health, and each parent’s financial situation. Finally, a mediator will consider any history of physical or emotional child abuse.

Necessary Litigation
While mediation is often mandatry, if one parent simply refuses to sit down and discuss child custody issues, the case will go to court. Going to court is generally a last resort in Texas family law, but a trial becomes necessary if parents are unable to work together in the best interests of the child. If you go to court, a family lawyer will stand by your side to advocate for your legal rights.

Probate is the process of settling a deceased person’s will and requires the services of a probate lawyer in the Woodlands. A probate lawyer can ensure the process is as smooth and efficient as possible, even in the event that a will is contested.

Probate litigation involves resolving a will contest. A probate lawyer may authenticate a will if a person believes that it was improperly drafted or was created under suspicious circumstances. A lawyer is also necessary where the heirs are disputing the terms of a loved one’s will and need protection of their legal rights and claims to property or possessions. A probate lawyer can also help determine the rightful heirs in the absence of a will. If someone passes away without drafting a will, your attorney will appear in probate court to assisting in determining what your proper entitlement is under law. Of course, the best way to avoid probate litigation is to hire a will lawyer to draft a will while you can still make your wishes known.

When you and your spouse are in the process of a divorce, it can be a stressful time for everyone involved. During matters of child custody near The Woodlands , the issue of child support payments will come up. There is no national standard for determining the amount of child support; rather, each state has its own guidelines to figure out what an adequate monthly payment may be. In Texas, child support is determined through figuring out the paying parent’s monthly “net income,” and then calculating a percentage that varies depending on how many children are being supported. Failure to pay child support can result in wage garnishment, suspension of driver’s license, and other consequences—even time in prison. Take a look at this infographic to get the facts about child support. Please share with your friends and family.

Many people erroneously believe that trusts are only for the very wealthy, but wills and trusts are often established in the Woodlands to simply to help manage property and assets . To create a trust, a lawyer will create a legal document holding property or assets for a specific person, known as the beneficiary. Your lawyer will also name a trustee who controls the trust, which is generally a trusted family member, friend, or attorney. Continue reading to find out why trusts can help you manage your assets’ distribution, ensure your wishes are protected, and save your family time and money.

Manage Assets
An attorney may recommend a trust for individuals who want to manage and distribute their assets in a very specific way. With a trust, a grantor can detail exactly how the estate will be distributed with much greater precision than a will allows. For beneficiaries who cannot be relied upon to make their own sound financial decisions, a trust permits the grantor to distribute funds in small, periodic amounts, free from the grasp of creditors.

Ensure Execution
A trust is more difficult to contest than a will, which means your exact wishes will likely be executed without resort to costly litigation. A will is comparatively open to challenge from anyone who is displeased with the distribution of assets. This is not to say that wills are inferior; they are not. As every person with a trust should also have a will, just in case. A trust can be challenged only if the complainant argues that the person was mentally incapacitated when the trust was established and did not understand the implications. A complainant may also argue that the grantor was unduly influenced by another person and did not create the trust of his or her own free volition.

Save Resources
Many people contact an attorney to create a trust so their survivors can avoid probate court later on. Whenever assets are distributed according to a will, a probate judge is required to determine the will’s validity. This process requires assistance from a skilled probate attorney. By creating a living trust, you enable your descendants to bypass this process so they can access estate property more quickly. Although more costly up front, a trust also helps your family avoid the fees charged by a probate court.