Spring Branch Family Lawyers

Helping Clients With Divorce, Custody, Support, and Paternity in Spring Branch

Navigating family law issues can be challenging financially, personally, and emotionally. It is critical to have the support of a family law attorney in Spring Branch who genuinely cares about you, your family, and your future. Our dedicated team of family law attorneys brings over three decades of experience to every case and focuses on personalized care and attentive service. We are committed to providing compassionate counsel to clients in Spring Branch, TX, and the surrounding areas.

A Full Range of Family Law Services in Spring Branch

Our law firm offers a wide range of legal services to address all your family law needs, including the following:

Divorce and separation: We guide clients through every step of the divorce process, whether it is amicable (uncontested) or involves disputes (contested). Our attorneys are skilled in negotiating settlements and, when necessary, litigating to protect your rights.
Child custody and support: Our firm assists in establishing fair and practical child custody arrangements that prioritize the child’s best interests while protecting parental rights. We also ensure that child support obligations are calculated and enforced per Texas guidelines.
Spousal support and maintenance: We provide informed counsel on spousal support obligations, helping clients understand their rights and responsibilities under Texas law. Whether you seek support or may be required to provide it, we can help you pursue a fair and equitable outcome.
Prenuptial and postnuptial agreements: Our attorneys help clients protect their financial interests and clarify asset ownership by drafting or reviewing prenuptial or postnuptial agreements. We ensure these agreements comply with Texas law and are carefully drafted so they are far more difficult to challenge.
Estate planning: We offer thorough guidance on estate planning to safeguard your family’s future. Our services include drafting wills, establishing trusts, and creating powers of attorney to ensure your wishes are clearly documented and legally enforceable.
Domestic violence and protective orders: We provide compassionate and decisive legal support to victims of domestic violence, helping them obtain protective orders and navigate the legal system to secure their safety and peace of mind.
Military divorces: Military families face unique challenges during divorce, including jurisdictional issues and the division of military benefits. Our attorneys are experienced in addressing these complexities, ensuring that service members and their families receive comprehensive and knowledgeable representation.

How Can a Spring Branch Family Lawyer Help?

When family issues and legal requirements come to a crossroads, having a trusted family lawyer at your side is invaluable. Our team of family law attorneys not only answers all your important legal questions, but we can also help you do something about them. Many of our clients face scenarios they weren’t expecting, but there are legal solutions, no matter how difficult it may seem at first. At Southern TX Family Law, we can assist in resolving a range of family law matters with white-glove service and personalized support.

What Are the Grounds for Divorce in Texas?

Under the Texas Family Code, both no-fault and fault can be grounds for divorce.

No-Fault Divorce: “insupportability,” when a marriage has become insupportable due to discord or conflict, with no hope of the two parties reconciling, is a common ground for divorce.
Fault-Based Grounds: These include adultery, cruelty, abandonment, conviction of a felony, the two parties in the marriage have lived apart for at least three years, or one is confined in a mental hospital.

Choosing the appropriate ground can impact property division and spousal support. At Southern TX Family Law, we can help you determine the most suitable grounds for your situation and guide you through it.

FAQ: Family Law in Spring Branch, TX

How is Property Divided in a Texas Divorce?

Texas is a community property state, meaning that most property acquired during the marriage is considered jointly owned and is subject to division upon divorce. Property division is not necessarily equal but must be “just and right,” considering factors like each spouse’s earning capacity, the length of the marriage, the contributions of each partner to the marriage, and future needs.

Separate property, such as assets owned before marriage or received as gifts or inheritances, is not divided but must be proven as separate. Commingling of separate and community property can complicate matters.

Our firm can assist in identifying and valuing community and separate property, ensuring a fair division aligned with Texas law.

What Determines Child Custody in Texas?

In Texas, child custody is called “conservatorship.” The court’s primary consideration in determining conservatorship and possession (visitation) is the child’s “best interest.” Factors influencing this determination include the child’s emotional and physical needs, parental abilities, stability of the home environment, and any history of abuse or neglect. Southern TX Family Law advocates for custody arrangements that prioritize your child’s well-being while protecting your parental rights.

How is Child Support Calculated in Texas?

Child support in Texas is calculated based on the noncustodial parent’s net resources and the number of children requiring support. The guidelines are as follows:

1 child: 20 percent of net resources
2 children: 25 percent
3 children: 30 percent
4 children: 35 percent
5 children: 40 percent
6 or more children: Not less than 40 percent

These percentages apply to net resources up to $9,200 per month. Our Spring Branch child support attorneys can help ensure accurate calculation and enforcement of child support obligations, considering any special circumstances in your case.

Can I Modify a Child Custody or Support Order?

Yes, modifications to custody or support orders are possible if there has been a material and substantial change in circumstances since the original order. Examples include relocation, changes in income, or changes in the child’s needs.

The court will again consider the child’s best interest when evaluating modification requests. Southern TX Family Law can guide you through the modification process, ensuring that your petition is presented correctly and supported by evidence.

What is the Process for Establishing a Prenuptial or Postnuptial Agreement in Texas?

Under Texas Family Code Chapter 4, prenuptial and postnuptial agreements must be:

In writing
Signed voluntarily by both parties
Made with full disclosure of assets

These agreements can outline property rights and obligations but not adversely affect child support obligations. Our firm can assist in drafting and reviewing these agreements to ensure they are enforceable and reflect your intentions.

How Do I Create a Valid Will in Texas?

To create a valid will in Texas, the testator (the person writing the will) must:

Be at least 18 years old and of sound mind
Create a written document
Sign the will in the presence of two credible witnesses, who also sign the will

Alternatively, a holographic (handwritten) will is valid if entirely in the testator’s handwriting and signed. Southern TX Family Law can help you draft a will that meets legal requirements and clearly states your final wishes.

What is a Trust, and How Can It Benefit My Estate Plan?

A trust is a legal arrangement where one party, known as the trustee, holds and manages property or assets on behalf of another party, known as the beneficiary. In Texas, trusts are often used as an essential estate planning tool to protect your assets, streamline your estate administration, and provide peace of mind for your loved ones. In some cases, trusts can also provide tax advantages.

One of the most commonly used trusts in Texas is a revocable living trust, which allows you to maintain control over your assets during your lifetime while outlining how they should be managed or distributed after your death. A revocable living trust offers several key benefits:

Helps avoid probate: Unlike a will, which generally requires a court-supervised probate process, a revocable living trust allows your assets to be distributed directly to your beneficiaries, often saving time and money for your family.

Provides privacy: Since a trust generally doesn’t go through probate court, your estate and asset distribution remain confidential, rather than becoming part of the public record as with a will.
Allows for management of assets during incapacity: If you become incapacitated due to illness or injury, your designated trustee can step in to manage your assets without the need for a court-appointed guardian or conservator, ensuring that your financial affairs continue smoothly.
Specifies terms for asset distribution: You can establish detailed instructions for how and when your beneficiaries receive their inheritance. For example, you can specify that assets be distributed in stages, at certain ages, or for specific purposes like education, home purchases, or medical care.

Trusts can be especially useful for complex family dynamics, such as blended families, beneficiaries with special needs, or heirs with spendthrift tendencies. Because they are tailor-made, trusts can side-step the usual strict adherence to bloodline inheritance followed by the courts. These legal structures can also provide protection from creditors, lawsuits, or divorcing spouses by placing them out of reach.

At Southern TX Family Law, our experienced Spring Branch estate planning attorneys can help you determine whether a trust is appropriate for your unique circumstances. We’ll guide you through setting up a trust that aligns with your goals, ensuring your assets are safeguarded and distributed according to your wishes.

How Can I Protect My Assets from Being Misused During a Divorce?

Some of the best tips we can offer you to protect your assets during a divorce include:

Keep detailed records of all assets and debts
Avoid commingling separate and community property
Consider a temporary restraining order to prevent asset dissipation
Work with a divorce attorney to identify and value all marital property

For more legal advice and to take effective action, contact our Spring Branch law firm. Our divorce attorneys can help you implement strategies to safeguard your financial interests throughout the separation process.

What Steps Should I Take If I’m a Victim of Domestic Violence?

If you’re a victim of domestic violence in Texas, our family law attorneys can help you file for a Protective Order under Texas Family Code Chapter 85. This order can:

Prohibit the abuser from committing further acts of violence
Order the abuser to stay away from you and your family
Grant you temporary custody of the children
Require the abuser to vacate the shared residence

Southern TX Family Law provides compassionate legal support to help you obtain the necessary protection and navigate the legal system safely.

What are the Benefits of Prenuptial and Postnuptial Agreements?

Drafting clear and enforceable prenuptial and postnuptial agreements can safeguard individual assets and clarify financial responsibilities within a marriage. The firm assists clients in creating agreements that reflect their specific needs. By addressing potential issues proactively, these agreements can prevent future disputes and provide peace of mind for both parties.

Should I Hire a Family Lawyer for a Military Divorce?

Military divorces involve unique considerations, including jurisdictional issues and the division of military benefits. Southern TX Family Law has experience handling military personnel cases, ensuring that all aspects, such as retirement benefits and custody arrangements, are addressed appropriately.

We are familiar with the Servicemembers Civil Relief Act (SCRA), which provides protections for military members in civil proceedings, and the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs the division of military retirement pay in divorce.

Why Choose Our Spring Branch Family Law Attorneys?

Our law firm stands out for several reasons:

Experienced family law attorneys: Our team has extensive experience handling family law cases in Spring Branch and throughout Texas.
Personalized legal services: We understand that each family law matter is unique, and we approach each appropriately to meet your specific needs.
Compassionate representation: We provide empathetic support during challenging times, ensuring your well-being is a top priority.
Comprehensive legal knowledge: Our attorneys stay updated on the latest developments in family law, estate planning, and military marital matters to provide informed advice.

Contact Us for a Consultation

If you’re facing family law issues, don’t navigate the legal field without a trusted partner by your side. Contact our experienced family law attorneys in Spring Branch for your first consultation today. We’re committed to protecting your interests and guiding you toward a favorable resolution, no matter what your circumstances.

Call us today at 210-775-0353 to schedule your initial consultation and take the first step toward resolving your family law matter.