Family Law Attorney in Klein, TX

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. Separate property is 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 outlined 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

Several factors determine how much alimony is paid and how long spousal support lasts in Texas, 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

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 Klein divorce 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 Klein child custody 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 a protective order 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.