As a Board Certified San Antonio Divorce Lawyer, I practice law differently.
When jurisdiction is present over the children, a dissolution decree must dispose of the issue of child custody. Texas follows the "best interests of the child" standard in making a custody award. The child's preferences and the cause for the dissolution of the marriage may also be considered. In contested custody matters, an attorney may be appointed to represent the minor child, at the expense of the parents. Disputed matters are referred to the Family Relations Office for mediation and/or a custody evaluations. Texas has a statutory presumption in favor of joint custody when the parents agree to it. Visitation is generally arrived at using the same "best interests" standard applicable to custody. Child support Texas Family Law requires both parents to support their children in accordance with their respective abilities. The published guidelines are required to be considered in each case. Division of Marital Estate The court also must consider the value of the homemaker's services in dividing assets. In marriages of relatively short duration, the court will often attempt, as nearly as possible, to restore the parties to their pre-marital financial state. In relatively long marriages, the property distribution usually is closer to 50-50, although that result can vary widely depending on the court's analysis of the twelve factors. Disclosure of Finances Each party to a dissolution in Texas must make complete disclosure of his income, expenses, assets and liabilities. All of the traditional litigation discovery tools are at the disposal of the parties' counsel: interrogatories, depositions and requests for production of documents, among others. In most relatively simple cases, discovery is limited to exchange of tax returns and W-2 forms. Discovery of business proprietors and others who are in a position to conceal or manipulate their income may involve extensive (and expensive) procedures by accountants and actuaries. Mediation and Settlement Agreements Probably more than 90% of all dissolution cases are settled prior to trial in Texas. The traditional means of memorializing a settlement is a writing called a "Mediation Agreement" or a "Settlement Agreement". These agreements, drafted by the parties' counsel, and then executed and acknowledged by the parties, provides for all of the financial arrangements (spousal maintenance, child support, real and personal property, counsel fees, etc.) to which the parties have agreed, as well as for the custody and visitation of children, waiver of rights in future property (including estate rights), and other matters. Free Consultation If the parties have settled their case by
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At the Law Office of Arthur G. Augustine, I handle the following types of family law matters: Divorce, Divorce for Business Owners, Property Division, Alimony/Spousal Maintenanceand Child Support, Restraining Orders, Child Custody,Guardianships, Paternity Testing, Prenuptial agreements, Negotiation and Resolution of Arrearages, Set Asides of Default Judgments, Adoptions If you are facing divorce, dissolution, or any other family law issue, dontdelay, call the Law Office of Arthur G. Augustine today to discuss your family law matter. Today it is quite frequent that families experience difficulties. It is how you approach these difficulties, that include dissolution of marriage, custody, visitation and support actions that can make lasting impressions for the future. At the Law Offices of Arthur G Augustine, I understand these situations and work hard to make sure that an already difficult time does not become more difficult. As a client you will be actively involved in how I approach your case. With this strategy in mind, you will be well informed as to all aspects of your case so you will feel comfortable in any decisions that are made by you on your behalf. I am distinctly familiar with what is important to a family, both emotionally and financially. I know how important a family dynamic is to each and every client on an individual basis. You can be certain that my family law practice focuses on your specific needs within the law. Free Consultation Every case is handled according to you and your families needs and the best interests of everyone involved. Experience counts and it is the experience in the approach our office prides itself upon that distinguishes us from all the rest. Grounds for Divorce In almost all cases, insupportability is the sole ground alleged, and it is legally sufficient. However, as noted above, occasionally multiple grounds may be alleged because marital "fault" is permitted to be taken into account in the court's assignment of property and alimony/spousal maintenance. But proof of "fault" may be considered even when irretrievable breakdown is the sole ground alleged. The grounds for dissolution are the following: 1. Insupportability 2. Cruelty 3. Adultery 4. Conviction of felony 5. Abandonment 6.Living Apart 7. Confinement in mental hospital Child custody
Child Custody, Child Support, Divorce, Family Law
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