Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

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Child Custody:
In Texas, child custody is referred to as "conservatorship". Conservatorship is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Conservatorship usually refers to a combination of physical conservatorship and legal conservatorship. Many factors influence an award of conservatorship and the way a case is presented in court can have a large impact on the result for you and your children.

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Child Support:
Child support is a periodic payment made to an obligee parent from an obligor parent to help support a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded the right to designate the primary residence of the child, as in the event of a divorce, the other parent is required to fulfill his or her child support obligation by making set payments.

The obligation to support minor children is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support.

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Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

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Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

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Spousal Support / Contractual Alimony:
Spousal support is temporary financial support paid from one separated spouse to the other, either in one lump sum or in installments. Spousal support is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Spousal support differs from child support because it is at the discretion of the judge. Child support is determined by the Texas guidelines.

There are several factors a judge considers when deciding whether to grant spousal support. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award spousal support in most states, including Texas, is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage. Unlike spousal support, contractual alimony is temporary or permanent financial support paid from one spouse to the other that is based upon the written agreement of both spouses in the divorce.

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Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered spousal support at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

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Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is often a required process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one's own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

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Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

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If you or someone you know in Texas is involved in a divorce, adoption, Child Protective Services, child custody or modification of child custody or child support case and needs the assistance of an experienced Houston Family Law Attorney, call Rebecca Moughon or Dawn Guilliams today at 866-709-1876, or complete the contact form provided on this site to schedule your free consultation.

• B.S., Southwestern University, Waxahachie, TX, 1998
  • Graduated Summa Cum Laude
• J.D., University of Houston Law Center, Houston, TX, 2003
  • Order of the Barristers

• Texas
• United States District Court, Southern Division

• Texas Bar Association (Family Section)
• American Bar Association
• Houston Bar Association

• B.A., Pace University, Pleasantville, NY, 1992
  • Graduated Magna Cum Laude with a double major in three years
  • Member: National Historic Society, National Honors Political Science Society
  • Iberion Emerison Programs, Spain, 1989 and Mexico, 1992
• J.D., Pepperdine School of Law, Malibu, CA, 1996

• Texas
• United States District Court, Southern Division and Western Division

• Houston Bar Association
• Certified Mediator, State of Texas