One of the most important aspects of our lives is family. Dealing with problems inside the family can be stressful and emotionally draining. From making the hard decision to divorce your spouse to finding the best custody arrangement for your child, family law issues are some of the most delicate issues to resolve. You need attorneys who understand how to handle your case with the care it requires and with the compassion you deserve.
The Board-certified partners at Higdon, Hardy & Zuflacht, L.L.P. have decades of experience handling a range of family law cases. We have extensive knowledge about the Texas legal system and the laws that govern it. We also have the dedication needed to advocate for the best interests of you and your family. Our goal is to resolve each of our client’s cases as seamlessly as possible, so they can prepare for and begin the next chapter in their lives.
If you’re in Canyon Lake, TX, and need legal counsel for a family concern, call the Higdon, Hardy & Zuflacht, L.L.P. divorce lawyers at (210) 349-9933 right away. We’re here to guide you through resolving your matter and reaching the most favorable solution in your case.
Family Law Matters We Can Help With
At Higdon, Hardy & Zuflacht, L.L.P., we help people with some of the most difficult of family law matters. Our clients benefit from our compassionate and knowledgeable legal representation to help them resolve the following types of cases:
- Military Divorce
- Property Division
- Spousal Support
- Child Support and Child Custody
- Divorce, Child Support, and Child Custody Modifications
- Alternative Dispute Resolution, including Mediation, Arbitration, and Mediation-Arbitration
- Prenuptial and Postnuptial Agreements
- Private Judging
Divorcing in Texas
To file for divorce in Texas, you have to have “grounds” for the divorce. Grounds are your reasons for filing for divorce. One of the grounds for divorce is no fault. If you file for a no-fault divorce, you’re stating that there is no specific reason and neither you nor your spouse is to blame for the divorce. Spouses who file for no-fault divorce tend to claim that irreconcilable differences are the cause of the dissolution of their marriage.
There are several other grounds for filing for divorce in Texas. These are known as fault divorces. You can file for divorce if your marriage was caused by any of the following:
- Confinement to Prison
- Confinement to a Mental Hospital
You also need to meet a few residency requirements to file for divorce in the state. According to Texas law, you have to be a resident of Texas for at least six months before filing your divorce petition. You also have to be a resident of the county in which you file your divorce petition for at least 90 days.
If there is no prenuptial or postnuptial agreement that stipulates this issue, you and your spouse will have to determine how your property will be divided. In Texas, any property that you and your spouse acquired during your marriage is community property. Anything that is community property will be divided equitably between the two of you in your divorce. Property that you or your spouse had when you entered into the marriage is separate property and remains yours after the divorce.
Referred to as spousal maintenance in the Texas Family Code, no spouse automatically has a right to receive spousal financial assistance. Spousal support is awarded to the spouse who needs financial assistance to satisfy their “minimum reasonable needs.” A spouse who has been married for longer than ten years and can’t earn sufficient income, is physically or mentally incapacitated, or is the primary caregiver for a child with mental or physical disabilities may qualify for spousal maintenance.
Child Support and Child Custody
The objective of Texas law when it comes to determining child custody issues is to act in the best interests of the child. Ideally, both parents share legal custody (known as “joint managing conservatorship”) of the child unless one of the parents presents a serious risk of harm to the child. This conservatorship gives both parents the right to make decisions regarding the child. If parents can’t agree on a parenting plan that the court will approve, then the court will render a custody decision based on relevant factors about the needs of the child.
Choosing to adopt a child who doesn’t have a home and/or parents is selfless and honorable. While it’s an exciting time for parents who have been waiting for the day to become the legal parents of a child, the process of making your parenthood official can be complicated. Texas endeavors to protect children and promote their wellbeing, and sometimes this means there’s a lot of paperwork and red tape that can be involved when trying to finalize an adoption.
An attorney with experience handling adoptions can advocate for your interests as a prospective parent, make sure that your rights are upheld, and help you navigate the process so you have the best chance at reaching your desired result: a finalized adoption and a happy home with your newly adopted child.
Prenuptial and Postnuptial Agreements
Getting married is a blissful time in anyone’s life. You’re embarking on a life with your partner and making plans for what your lives together will be. It may seem counterproductive and pessimistic to imagine the end of your marriage and to plan for it. But by preparing a prenuptial or postnuptial agreement, both you and your soon-to-be or newly minted spouse can protect your current assets and property. You’ll both also minimize what could be a contentious process if the worst were to happen and your marriage ended in divorce. Consider it a fail-safe that you both hope will never have to come into play.
Higdon, Hardy & Zuflacht, L.L.P. Can Help With Your Family Law Case
For help with resolving your family law matters, contact the experienced family lawyers at Higdon, Hardy & Zuflacht, L.L.P.. Our Canyon Lake family lawyers have years of experience and are here to support you and advocate for your best interests.
Call us today at (210) 349-9933 to schedule a consultation.