Family Law Attorney

FAMILY LAW

Compassionate and Skilled Family Law Representation in Texas.

Navigating family law matters can be an emotional and complex journey. Our family law attorneys in Houston provide dedicated representation and personalized guidance to help you through every step of the process.

Whether you're facing divorce, child custody disputes, or property division, choosing the right family law attorney is essential to protecting your rights and achieving the best outcome for you and your family. With extensive experience and a commitment to understanding your unique needs, we are here to help you find solutions that work for you.

Let our compassionate team support you with Knowledge & Courage in Action. Contact us today to schedule a consultation!

1. PRENUPTIAL AGREEMENT

A well-structured prenuptial agreement empowers couples to make informed decisions about the division of assets acquired during the marriage, fostering clarity and harmony as they enter this new chapter together.

Benefits of a prenuptial agreement include:

• Defining how property will be shared
• Protecting each spouse by keeping debts separate
• Ensuring transparency through full financial disclosure

Our family law specialist is committed to helping you establish a strong foundation for your marriage by creating a customized prenuptial agreement that aligns with your goals.

      2. DIVORCE

Divorce in Texas: Understanding the Legal Process and What to Expect

Divorce in Texas is governed by state law, which outlines specific procedures and guidelines for the dissolution of marriage. While the emotional and financial challenges of divorce can be overwhelming, understanding the legal framework can help simplify the process. Texas is a "no-fault" divorce state, meaning that a spouse can file for divorce without proving the other party's wrongdoing. However, fault-based grounds may also influence decisions on property division, spousal support, and custody arrangements. The Texas Family Code provides clear steps for dividing assets, determining child custody, and awarding spousal support. Whether you're considering divorce or have already decided to proceed, understanding Texas' laws and your rights is crucial for achieving a fair and equitable outcome.

What is the Difference Between Contested vs. Uncontested Divorce in Houston?

Divorces in Texas are considered either contested or uncontested, depending on whether there is agreement on key issues such as fault, asset division, and custody arrangements.

Uncontested Divorce

An uncontested divorce occurs when both parties agree on all major issues, including who is responsible for the breakdown of the marriage, asset division, child custody, and support. In such cases, the divorce is often granted on the grounds of insupportability?meaning the marriage can no longer continue. Uncontested divorces typically avoid needing a trial or court intervention, leading to a quicker and more cost-effective process.

Contested Divorce

A contested divorce arises when the spouses cannot agree on one or more issues. These could involve disagreements over who is responsible for the divorce, how to divide marital assets, or child custody arrangements. Contested divorces often lead to prolonged litigation and, in some cases, a trial. Texas law provides a framework for resolving these disputes but may require more time, legal representation, and court hearings.

Legal Grounds for Divorce in Houston, Texas

In Texas, divorce can be granted on both fault and no-fault grounds. No-fault divorce is available when one spouse claims that the marriage is no longer viable due to in supportability. However, if fault is an issue, the court may consider the following grounds:

• Abandonment: One spouse leaves the marriage without reasonable cause.
• Adultery: Infidelity by one spouse during the marriage.
• Conviction of a Felony: A spouse is convicted of a felony and imprisoned.
• Cruelty: Abuse or mistreatment by one spouse makes continued cohabitation unsafe.

Institutionalization: One spouse is confined for mental illness, and the other believes the marriage cannot continue.

Division of Assets: Community Property in Texas

Texas is a community property state, meaning that assets acquired during the marriage are considered marital property and must be divided between the spouses in a divorce. Separate property, such as assets owned before the marriage or acquired through inheritance, remains the sole property of the spouse who owns it.

The court divides marital property as deemed "just and right." While this doesn't necessarily mean an equal split, the court will consider various factors such as the fault in the marriage, child custody needs, and financial disparities.

Factors Influencing Division of Marital Property in Texas

• Fault in the Marriage: If one spouse is deemed at fault for the marriage breakdown, such as through adultery or cruelty, this may affect the property division.
• Child Custody Considerations: The custodial parent may receive a more significant portion of the assets, particularly if maintaining the family home is necessary for the child's stability.
• Earnings and Financial Disparities: The spouse with lower earning potential may receive a greater share of marital assets to support their future independence.
• Health and Well-Being: If one spouse has a chronic illness or disability, they may be awarded additional assets to support their ongoing care.

Alternative Dispute Resolution for Divorce in Houston

Suppose you and your spouse wish to avoid the formal litigation process. In that case, Texas law offers alternative dispute resolution (ADR) options, such as:

• Collaborative Divorce: Both spouses and their attorneys agree to work together to reach a mutually agreeable settlement without court intervention.
• Mediation: A neutral third party helps both spouses reach a compromise on contentious issues. Mediation can save time and costs and help preserve privacy.
• Arbitration: A neutral third party hears both sides and makes a binding decision. While more formal than mediation, arbitration can still be faster and less expensive than litigation.

These methods can help couples reach a fair resolution while minimizing conflict, time, and legal fees.

3. ALTERNATIVES TO DIVORCE COURT

Avoiding Divorce Court: Alternatives for a Smoother Process

Divorce can be an emotional and stressful experience, and the prospect of going to court can make it even more difficult. While family court may be necessary in some cases, many families prefer to explore alternatives that offer more control, privacy, and a quicker resolution.

Why Avoid Divorce Court?

Going to court may not always be the most efficient or effective solution for divorce resolution. Here's why many families seek alternatives:

• Efficiency: Court schedules can be delayed, meaning your case could take months before it's heard.
• Cost: Divorce court can be significantly expensive if the process is prolonged.
• Control: A judge makes the final decisions about property, custody, and support. Outside of court, you and your spouse can negotiate directly, giving you more control over the outcome.

Alternative dispute resolution (ADR) methods often provide a faster, less costly, and more flexible way to reach a divorce settlement. Here's a closer look at three popular ADR options: Collaborative Divorce, Mediation, and Arbitration.

Collaborative Divorce

A collaborative divorce allows both spouses to negotiate a settlement outside of court. Each spouse, with the help of their legal team, presents their desired terms for the divorce and works toward a mutually agreeable solution. This process is informal and often more affordable than litigation.

If you and your spouse can agree, the process is complete. If negotiations break down, a collaborative divorce may lead to mediation or, in some cases, court. Having an attorney help navigate the negotiation process ensures your interests are protected.

Mediation

Mediation is a step further in the ADR process. If collaborative divorce doesn't work, mediation introduces a neutral third party?a trained mediator?to help facilitate discussions. The mediator works with both parties and their attorneys to find common ground and resolve disputes.

Mediation usually involves separate meetings to keep the process neutral and prevent conflicts. If an agreement is reached, both parties sign a Mediated Settlement Agreement (MSA), which formalizes the terms. If mediation fails, you may consider arbitration or court.

Arbitration

Arbitration is similar to a trial but with more flexibility. The parties agree on an arbitrator, who listens to both sides and makes a binding decision on the issues. Arbitration is faster than a traditional trial and provides more control over the person making the final decision.

Arbitration can be used for all or part of the divorce, depending on what remains unresolved. It's a good option if you want a decision-maker to settle specific issues, such as custody or property division, but avoid the lengthy and formal court process.

Divorce court may be necessary in some cases. Still, many families choose alternative dispute resolution methods to avoid the time, cost, and stress of litigation. Whether through collaborative divorce, mediation, or arbitration, ADR offers a quicker, more flexible, and often more peaceful way to resolve divorce matters.

4. CHILD SUPPORT

Child Support: Ensuring Your Child's Financial Well-Being

Child support payments are court-ordered financial contributions that parents must make to support their child's needs. Under Texas law, both parents have a legal obligation to provide for the financial needs of their child, regardless of whether they are married, separated, or divorced. A parent can petition the court to establish a child support order. In some instances, other parties, such as grandparents, may also request the court to order one or both parents to pay child support for the child.

Texas Child Support Guidelines

In Texas, child support is typically determined based on a percentage of the noncustodial parent's net income, with specific guidelines set out by law. The Texas Family Code provides the following percentages for child support:

? 1 child: 20% of the noncustodial parent's net income

? 2 children: 25% of net income

? 3 children: 30% of net income

? 4 children: 35% of net income

? 5 or more children: 40% of net income

The court may deviate from these guidelines if it determines that the standard amount is inappropriate based on the child's needs or the parents' financial circumstances.

Modifying Child Support Orders

under certain conditions, existing child support orders in Texas can be modified. Modifications can be requested if there has been a substantial change in circumstances, such as:

• A significant change in either parent's income (e.g., job loss or a significant increase in earnings)
• A change in the child's needs (e.g., medical or educational requirements)
• The custodial parent's relocation affects the ability of the noncustodial parent to visit or provide support

In some instances, if either parent fails to provide accurate financial information, the court may base child support payments on available evidence, such as previous employment history, testimony from the other parent, or a minimum amount set by law. For example, the court may assume that a parent can work 40 hours per week at the federal minimum wage when determining their monthly income, even if they are underemployed or unemployed.

Under Texas Law

• Medical Support: In addition to regular child support, Texas law requires that parents provide medical support for their children through insurance or by contributing to medical expenses.
• Dental Support: In some cases, the court may also order parents to provide dental support for their children.
• Enforcement of Child Support Orders: If a parent fails to comply with a child support order, Texas law allows for enforcement actions, including wage garnishment, tax refund interception, suspension of licenses (driver's, professional, or recreational), and even contempt of court proceedings, which can result in fines or jail time.

Our Commitment to Your Family's Financial Security

At Monshiz Law Firm, we are committed to helping you secure the child support your children need and deserve. We understand the importance of ensuring both parents contribute to the financial well-being of their children. Our services include establishing paternity and obtaining court orders for child, medical, and dental support.

We work closely with you to explain your legal rights and responsibilities and guide you through the child support process. Our team is here to help ensure your child's financial needs are met in accordance with Texas law.

5. CHILD CUSTODY

In Texas, child custody is governed by two primary types: physical custody and legal custody.

• Physical Custody refers to the parent who has physical possession of the child, meaning the parent with whom the child resides daily. This parent is responsible for the child's day-to-day care.
• Legal Custody determines who has the authority to make significant decisions for the child, such as where the child will live, which school they will attend, the medical care they will receive, and what religion they will practice.

In most cases, Texas courts prefer to award a Joint Managing Conservatorship (JMC) arrangement, which means that both parents share the rights and responsibilities of physical and legal custody. However, this does not always imply equal time with the child. One parent may be granted primary physical custody, while both parents share legal custody.

When a Joint Managing Conservatorship is deemed not in the child's best interest, a court may grant a Sole Managing Conservatorship (SMC) to one parent. This grants that parent complete control over both physical and legal custody. Texas courts typically favor joint conservatorship, but a Sole Managing Conservatorship may be awarded if a parent's behavior poses a threat to the child, such as a history of drug or alcohol abuse, domestic violence, or a criminal record.

How Child Custody is Decided in Texas

When disputes over child custody arise, the court always makes decisions based on what is in the best interest of the child. The judge considers various factors to determine which arrangement serves the child's emotional, physical, and psychological needs.

Some factors that influence child custody decisions in Texas include:

• Each parent's income and financial resources: The court considers whether a parent can provide for the child's basic needs.
• Physical health of each parent: The health and well-being of both parents can be a significant factor in determining the best custodial arrangement.
• Each parent's criminal history: A history of domestic violence or criminal activity, mainly if it involved the child, will heavily influence the court's decision.
• Each parent's role in the child's upbringing: The court will consider which parent has been more involved in caring for the child, including attending school events, managing medical appointments, etc.
• Disruption to the child's life: The court considers whether a proposed custody arrangement would disrupt the child's current routine or relationships with extended family.
• The child's preferences: If the child is at least 12 years old, their preferences will be considered, although the court is not bound to follow them.

The Role of Visitation in Texas

Even when joint managing conservatorship is in place, one parent will typically be designated as the primary conservator, meaning the child will primarily reside with that parent. The other parent generally has visitation rights that allow regular time spent with the child.

It's important to note that visitation and child support are separate matters. A parent's failure to pay child support does not automatically result in losing visitation rights. In Texas, the court can only modify or restrict visitation if there is clear evidence that a parent's presence is detrimental to the child's well-being. Examples include situations where a parent poses a danger to the child or is engaging in neglectful or abusive behavior.

Enforcement of Child Custody and Visitation Orders

Once a child custody or visitation order is issued, it is legally binding. However, it is not uncommon for one parent to violate the court's order. Texas has specific procedures for enforcing child custody and visitation orders. If visitation is denied or a parent is not following the custody arrangement, the parent seeking enforcement can petition the court to address the issue.

The court may take various actions to enforce a custody or visitation order, including:

• Contempt of court proceedings: A parent who refuses to comply with the order may face fines or even jail time.
• Modification of the order: If a parent's actions negatively impact the child, the court may adjust the custody arrangement.
• Interception of tax refunds or wage garnishment: If a parent fails to meet child support obligations, the court may take steps to ensure payments are made.

6. CHILD SUPPORT & CHILD CUSTODY MODIFICATION

Post-Judgment Modifications in Divorce: Understanding the Process and Legal Grounds

In a divorce, the court will decide custody, visitation, child support, and spousal support. While these decisions are made based on the circumstances of the divorce, life events can change, making the original orders untenable. Suppose your financial situation, health, or living arrangements have changed significantly since the divorce. In that case, you can request a post-judgment modification to child support, spousal support, or custody and visitation orders.

What Qualifies as a Significant Change in Circumstance?

To modify a divorce decree, you must demonstrate that there has been a significant change in circumstances that justifies a modification. It is essential to understand that modifications are not simply a means of appealing a previous decision; the court will not modify orders simply because one party feels the original decision was unfair or unreasonable.

What qualifies as a significant change in circumstances depends on the requested modification type. For example, what qualifies for a modification of visitation rights may differ from what qualifies for a child support modification. Our attorneys can review the facts of your case and determine if a modification request is appropriate.

Examples of Significant Changes in Circumstances:

Several life events or changes can be grounds for a modification, including but not limited to:

• Job loss or a significant reduction in income: If a parent loses their job or experiences a substantial decrease in income, they may find it challenging to meet child support obligations or provide for the child's needs.
• Health issues or severe injury: A serious injury or ongoing health problems may impact a parent's ability to care for the child.
• Relocation: A parent plans to move out of state, making the existing visitation arrangement impractical or impossible.
• Remarriage: A parent's remarriage can impact the financial dynamics and custody arrangements, particularly if the new spouse's income alters the household's financial resources.
• Increase in income or wealth: If a parent receives a new job, promotion, or substantial financial resources (such as an inheritance), the court may consider modifying support orders based on the parent's ability to pay.
• Abuse or neglect: If one parent is found to be abusive, whether physically or emotionally, or otherwise creates an unsafe environment, this can be grounds for modifying custody or visitation orders.
• Substance abuse: If a parent starts abusing drugs or alcohol, it may indicate a need for a change in custody or visitation.
• Changes in the child's needs: If the child experiences a substantial change in material needs, such as health conditions or educational requirements, this could impact child support or custody arrangements.

A court order is still required even if both parents agree to a modification.

Modifying Child Custody in Texas

In Texas, child custody orders, once finalized, typically remain in effect until the child turns 18 or graduates from high school, whichever comes later. However, custody arrangements can be modified if a substantial change in circumstances justifies the modification. The court will always make decisions with the child's best interests in mind, including considering the child's preferences if the child is 12 years or older.

There is generally a one-year waiting period before a child custody order can be modified, except in cases involving imminent threats to the child's well-being or if both parents agree to the modification. To successfully modify a child custody order, you must show that the circumstances have significantly changed since the original order was issued.

The court will not revisit the initial decision unless there is a material and substantial change. Modifications are generally focused on factors such as:

• The physical location of the child or parents.
• The parent's ability to care for the child, particularly if health issues, a change in living circumstances, or a new relationship affects the family dynamics.
• The child's best interests may evolve over time as they grow older and their needs change.

Modifying Child and Spousal Support in Texas

Financial circumstances can change rapidly, and child and spousal support orders may need to be adjusted to reflect these changes. Support obligations are generally based on both parents' financial resources and the child's needs. If one party's financial situation changes significantly, they may need to request a modification of support payments.

• Child support may be modified if one parent loses their job or gains significant employment or if the child's needs change.
• Spousal support can be modified if one party experiences a significant income change or the circumstances of the recipient party change, such as finding a new job or remarrying.

Texas law provides for modifying support orders based on the Material and Substantial Change in Circumstances standard. Child and spousal support can be modified, but the request must demonstrate that the change in circumstances is significant enough to warrant a modification. Additionally, the request must be supported by evidence, such as financial documentation, medical records, or other relevant factors.

If you lose your job, receive a significant raise, or experience other substantial financial changes, you may need to seek a modification to adjust your support obligations. Similarly, suppose the support recipient significantly increases income or remarries. In that case, a modification may be warranted to ensure fairness.

7. SPOUSAL SUPPORT

Understanding Your Rights and Options

While divorce can lead to significant emotional and financial stress, spousal support often becomes a central issue, particularly in long marriages or when one spouse has contributed more financially than the other. At Myres & Associates, PLLC, we are committed to guiding you through the complexities of spousal support to ensure a fair resolution that aligns with your financial needs.

What is Spousal Support?

Spousal support, also known as alimony or spousal maintenance, refers to the financial assistance provided by one spouse to the other following a divorce or separation. The purpose of spousal support is not to punish the paying spouse but to address any economic disparities resulting from the end of the marital relationship. It helps the recipient spouse maintain a reasonable standard of living after the divorce, mainly when there is a significant financial imbalance between the spouses.

Types of Spousal Support in Texas

In Texas, spousal support is categorized into various types depending on the circumstances surrounding the divorce. These include:

• Temporary Spousal Support: This support is provided during the divorce process to help the lower-earning spouse cover immediate expenses, such as housing, utilities, and basic living costs until a final divorce agreement or court order is made.
• Contractual Alimony: This type of support is established through an agreement between the spouses, typically in a marital settlement agreement. Once the court approves the agreement, it becomes a binding contract outlining the terms of financial support one spouse will provide to the other.
• Spousal Maintenance: In certain cases, Texas law allows for court-ordered spousal maintenance after the divorce is finalized. This support is typically awarded if the requesting spouse meets specific criteria, such as an inability to meet basic needs due to disability or the duration of the marriage.

How is Spousal Support Determined in Texas?

The court considers several factors when determining spousal support to ensure the decision is fair and just. These include:

• Financial Resources and Earning Capacity: The court evaluates both spouses' financial situations, including their income, assets, and earning potential. This includes assessing whether the spouse requesting support can independently support themselves and meet their financial needs.
• Education and Employment History: Spouses' education and employment history are considered. For example, suppose one spouse sacrificed their career or education to support the family or care for children. In that case, this may influence the court's decision on awarding spousal support.
• Contributions to the Marriage: Non-financial contributions, such as homemaking, child-rearing, and other household responsibilities, are also recognized. These contributions may be crucial in determining the need for spousal support.
• Health and Age: Both spouses' physical health and age are significant factors. Suppose one spouse suffers from health issues that prevent them from being self-sufficient or earning a living. In that case, the court may consider this when awarding support.
• Duration of Marriage: The length of the marriage is a critical factor. Generally, the longer the marriage, the more likely spousal support will be awarded. This is because the economic ties and interdependence between spouses often increase over time.
• Other Relevant Factors: The court has the discretion to consider other factors it deems relevant, such as the spouses' financial and personal circumstances, to ensure a fair and equitable outcome.

Modifying Spousal Support Orders

In Texas, spousal support orders can sometimes be modified if circumstances substantially change. For example, suppose the recipient spouse's financial situation improves, or the paying spouse's financial situation worsens. In that case, the court may adjust the support amount.

It is essential to work with a knowledgeable attorney who can help you navigate the complexities of modifying or enforcing spousal support orders.