Family matters are pivotal, and navigating through a family law case requires the expertise of a reliable family law attorney. At Bolton Law in Klein, TX, our legal team is committed to resolving domestic disputes as peacefully as possible, particularly when the welfare of children is at stake.
Contact our Klein, Texas office today at 281-351-7897 to arrange a consultation and discover how our family law attorneys can assist you in achieving a resolution.
Understanding Family Law Cases
In the realm of civil law, family law cases encompass a range of domestic issues, from disputes between spouses or parents to matters like adoptions and legal name changes.
Common family law cases in Klein, TX, include:
- Divorce: Initiating a divorce involves filing a petition at your local district clerk’s office. An uncontested divorce, where both parties agree on all terms including alimony, child support, custody, and property division, can simplify the process. Conversely, contested divorces, where agreement is not reached, will be resolved in court. Given Texas’s intricate divorce laws, the guidance of a family law attorney from Bolton Law is invaluable in protecting your interests, whether dealing with complex divorces or those involving significant assets.
- Child Support: Both parents in Texas are obliged to financially support their children. At Bolton Law, we can aid in establishing, negotiating, and modifying child support orders to reflect changing circumstances. Additionally, we offer assistance with enforcement actions if a former partner fails to meet their child support obligations.
- Child Custody and Parental Rights: Known as “conservatorship” in Texas, child custody is a critical aspect of divorces involving children. Ensuring the children’s needs are met during and after the divorce is paramount. Our attorneys at Bolton Law can advocate for the best interests of your children, whether that involves sole or joint managing conservatorship arrangements. We also navigate complex issues like visitation, parental relocation, and establishing paternity.
- Spousal Support and Alimony: Alimony may be necessary following divorce or separation. Our legal team is prepared to help you secure a fair alimony agreement and address any needed modifications due to changes in circumstances.
- Legal Name Changes: Often, individuals seek to revert to their maiden name or change their children’s names following a divorce. While this process is simpler during a divorce action, it becomes more complex as a separate legal matter. We can guide you through the name change process, ensuring it aligns with your divorce proceedings.
- Restraining Orders: For those facing threats, intimidation, or abuse from a former partner or family member, securing a restraining order is crucial for protection. Bolton Law can assist in obtaining the necessary legal safeguards to keep you and your children safe from domestic violence.
- DFPS Cases: In situations where parents or stepparents in Klein, TX, face criminal charges, the Department of Family and Protective Services (DPFS) may initiate an investigation into the welfare of children in the home. Navigating DPFS investigations requires a careful balance, as parents and stepparents must manage their right to remain silent in criminal proceedings against the need to provide information to protect their custody rights. Bolton Law is adept at coordinating defense strategies with DPFS investigations, advising on what information should or should not be shared with investigators.
- Adoption: Embarking on the journey of adoption is both exciting and complex. Our family law attorneys are here to guide you through every step of the adoption process, ensuring a smooth transition for your family and the adoptive child. We’re dedicated to making this new chapter as straightforward as possible.
Grounds for Divorce in Texas
Texas law recognizes seven grounds for divorce, including the option for a “no-fault” divorce:
- Insupportability: This “no-fault” ground allows for divorce due to irreconcilable conflicts that destroy the marriage with no expectation of reconciliation.
- Cruelty: Divorce can be sought when one spouse’s cruelty makes living together intolerable.
- Adultery: Evidence of a spouse’s infidelity can serve as grounds for divorce.
- Felony Conviction: A divorce may be granted if a spouse has been convicted of a felony, has been imprisoned for at least one year, and has not been pardoned.
- Abandonment: If a spouse has abandoned the marriage for at least one year, it can serve as grounds for divorce.
- Living Apart: Spouses living separately for at least three years can obtain a divorce on this “no-fault” basis.
- Confinement in a Psychiatric Hospital: If a spouse has been confined in a psychiatric hospital for conditions unlikely to improve, it can be grounds for divorce.
Initiating the Divorce Process in Klein, TX
To file for divorce in Texas, you or your spouse must have resided in the state for at least six months and in the county where the divorce is filed for 90 days prior to filing. After being served with a divorce petition, you have until the first Monday after 20 days to respond. Navigating the divorce process can be daunting, which is why having an experienced family law attorney is crucial. At Bolton Law, we provide detailed guidance and support to make the process as smooth as possible.
Property Division in Texas Divorces
As a community property state, Texas laws dictate that all assets acquired during the marriage are equally owned by both spouses and subject to division upon divorce. The court strives for a division that is “just and right,” considering various factors to achieve an equitable distribution. Clear evidence is needed to classify any assets as separate property, which are not subject to division.
Deciding Child Custody
If parents cannot agree on custody arrangements, mediation or court intervention may be necessary. The court considers several factors, including the proximity of each parent’s home, cooperation levels, each parent’s plan for the children, and the child’s own preferences, among others. At Bolton Law, we help clients present strong evidence of their involvement in their children’s lives, aiming for the most favorable custody outcome.
Understanding Spousal Support in Texas
In Texas, you might qualify for spousal support, also known as alimony, if you meet specific criteria set forth in the Texas Family Code. Eligibility for receiving alimony includes situations such as:
- Being unable to earn sufficient income due to a disability
- Ending a marriage of 10 years or more where you lack the ability to earn adequate income
- Holding primary custody of a child from the marriage who needs significant care and supervision
- If your spouse has been convicted of family violence during the marriage
To determine the amount and duration of spousal support, the Texas Family Code considers several factors, including:
- The individual’s ability to meet their basic needs independently
- Duration of the marriage
- Each spouse’s education, employment skills, and employment history
- Physical and emotional condition of the spouse seeking support
- Contributions of each spouse to the marriage, including homemaking and raising children
- The financial assets each spouse brought into the marriage
Why You Might Need a Family Law Attorney in The Woodlands, Texas
Facing any family law issue demands the guidance of an experienced family law attorney. A lawyer specialized in family law can offer you a customized strategy that aligns with the specific demands of your case, helping you to understand and navigate the complexities of Texas family law efficiently.
Should you be in search of a skilled family law attorney in The Woodlands, Texas, consider reaching out to Bolton Law. Contact us at 281-351-7897 today to arrange a consultation with one of our seasoned family law attorneys, who are well-versed in Texas family law and dedicated to supporting you through your legal journey.
