Family Law Firm in McAllen, Texas
Family law in Texas concerns areas of the law pertaining to divorce, child custody, child support, Suit Affecting Parent-Child Relationship, Modifications and adoption. If you are getting divorced in Texas, it is important to have a family lawyer on your side helping you understand your rights and helping you navigate the child custody process. Even if your divorce is straightforward, it is important that you follow proper legal procedure and understand your rights under the law. Failure to speak to a lawyer while getting divorced can result in you giving up important rights regarding your divorce.
The Tijerina Law Firm, P.C. are Texas family lawyers who can help you file for divorce, divide your assets and liabilities during divorce, develop a visitation schedule that can work for your family and serve the best interests of your children, and help you understand your rights regarding spousal support and child support. Divorce can be one of the most challenging decisions you’ll ever have to make. However, you don’t need to navigate this process alone. Visit the family lawyers at the Tijerina Law Firm, P.C. in Texas today.
How to Get Divorced in Texas
In order to get divorced in Texas, you must first meet residency requirements. Individuals must have been a resident of Texas for at least 6 months prior to filing and a resident of the county where they are filing for at least the past 90 days. Once you meet residency requirements, you must file for divorce and provide notice to your former spouse of the Petition for Divorce. Individuals can choose to use the alternative dispute resolution or mediation, whereby both parties agree to resolve their disagreements and matters pertaining to the divorce outside of court with the assistance of their respective lawyers. In general, the best outcomes can often be achieved through alternative dispute resolution. If you are getting divorced, consider speaking to the family lawyers at the Tijerina Law Firm, P.C. in McAllen, Texas about the possibility of using alternative dispute resolution.
However, sometimes divorce disputes cannot be resolved through collaborative means. Individuals might get divorced for “at fault” grounds in Texas. These grounds include: adultery, cruel and inhumane treatment, a felony conviction of one spouse, abandonment, or mental illness. In some cases, it may beneficial of the divorcing spouse to pursue a fault based divorce, especially if your former partner was abusive or if you want to protect your children. Fault based divorces can be considered by a judge when making child custody decisions in the case of an abusive or violent spouse.
When getting divorced, you and your former spouse will need to make decisions about dividing property. Texas is a community property state, meaning that property acquired during the marriage is considered shared property. Property is divided in a manner that is deemed “just and right” by the court. However, both parties in a divorce can decide to divide their property outside of court with the assistance of each party’s respective family lawyer. Property that was acquired before the marriage will generally be considered separate property, but there are certainly some exceptions to this rule. Bank accounts, real estate, IRAs, retirement plans, stocks, and other assets must be considered when getting divorced. Debts must also be taken into account.
If you are planning to get divorced in Texas, reach out to the family lawyers at the Tijerina Law Firm, P.C. in McAllen, Texas. Our firm can review your finances, your circumstances, and help you reach the best possible divorce settlement for your case. Visit us today.
How a Family Lawyer Can Help You with Child Custody Decisions in Texas
If you are getting divorced and have children, one of the most important decisions you’ll need to make involves child custody. In Texas, child custody is referred to as “conservatorship.” When it comes to “conservatorships” there are two types: a joint managing conservatorship or a sole managing conservatorship. As a general rule, most parents will enter into a joint managing conservatorship. This agreement gives both parents the right to get medical, health, and welfare information on their child from medical personnel and school officials. The parents will also have the right to access medical, school, and dental records and make important decisions on behalf of the child. Only in rare cases will a sole managing conservatorship be entered into. Sole managing conservatorship may occur when one parent is absent from the child’s life, is incapacitated for some reason, or is violent or abusive.
When getting divorced, it is often best to file for temporary orders. A party may file for temporary orders while pending the final divorce. Temporary orders will clearly outline visitation, conservatorship, child support, medical support and spousal support. The Tijerina Law Firm, P.C. are family lawyers in McAllen, Texas who can help you through every step of your divorce and we will work for the best interests of your children and for your family.
Tijerina Law Firm, P.C.: A Family Law Firm That Can Help You
Divorce raises a range of complex questions. You might be wondering about child custody, may have questions about spousal support, or may want to know how much you might be entitled to receive in child support. A qualified family lawyer with the Tijerina Law Firm, P.C. in McAllen, Texas can help you. For example, while child support is determined based on the income from the non-custodial parent, our family law firm can ask tough questions about income to ensure that your child receives the support your children deserve. With high asset divorces it is particularly important to have a lawyer on your side to help you navigate division of community property, assets, community debt and child support questions. If you are not married but have children and are not receiving child support or medical support come see the Tijerina Law Firm, P.C. to help you with a Suit Affecting Parent-Child Relationship (SAPCR). Our Lawyers can also assist you with a Motion to Modify your exiting orders. A Modification of the orders may result in increased child support or a change in conservatorship. For all of your Family Law needs, visit the Tijerina Law Firm, P.C., family lawyers in McAllen, Texas.
Family Lawyer in Texas
If you are getting divorced in Texas, you may be facing a range of legal issues. While divorce begins as a personal decision, it raises a host of legal questions and concerns. For example, you and your former spouse will need to divide assets and liabilities during your divorce. If you have retirement plans, own a family home, or have complex assets like property in different states, investments, or stocks, a family lawyer like the Tijerina Law Firm, P.C. can help you navigate some of these challenges. Our lawyers can review your case to see whether spousal support will be appropriate. Furthermore, if you have minor children, you’ll need to make decisions about parenting time, custody, and visitation. It is important to get your parenting plan right when you get divorced because changing a parenting plan can be very challenging. Child custody decisions can be among the toughest decisions couples will need to make. Having a qualified family lawyer like the Tijerina Law Firm, P.C. in Texas can help you navigate these challenges. When your family’s future and your finances are at stake, you need the Tijerina Law Firm, P.C. on your side. Visit our law firm today to learn more about how we may be able to help you.