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.

Child Custody:
Custody 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. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

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 alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

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.

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.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

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

There are several factors a judge considers when deciding whether to grant alimony. 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 alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary 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.

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.

If you or a loved one needs the help of an experienced Houston Family Law attorney, call Linda Geisler Marshall today at 866-244-3817, or complete the contact form provided on this site to schedule a consultation.

If you or a loved one needs the help of an experienced Houston Family Law attorney, call Linda Geisler Marshall today at 866-244-3817, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
Linda G. Marshall, Attorney at Law
1415 Louisiana St., Suite 3200
Houston, TX 77002
Phone: 866-244-3817
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours, if necessary

Attorney Linda Geisler Marshall:

Attorney Geisler has thirty years' civil litigation in federal and state courts in Texas, in the areas of domestic, business, malpractice and antitrust.  Extensive jury experience, multidistrict litigation experience and very extensive family law experience, with specialist certification (1984-1994).  Ll.M. classwork in international law, with some international law litigation experience.  Also licensed in Maryland (1995-1998), with a practice in tort and bankruptcy litigation.

Education:

• Rice University, B.A., 1965, English and French
• University of Houston, Bates College of Law,  J.D., cum laude 1975 (law review, top 10%)
• Gulf Coast Family Law Specialists (various years)
• Texas Academy of Family Law Specialists (various years)
• Mensa

Professional Memberships & Achievements:

• A.V. rated by Martindale Hubbell
• State Bar of Texas: 1975 - present (member of Family and Litigation Sections
• Tel-Law Committee 1981-1982, setting up consumer call lines
• Unauthorized Practice of Law Committee)
• State Bar of Maryland: 1995 - 1998
• Houston Bar Association: 1975 - present (member of Family and Litigation Sections)
• College of the State Bar of Texas (honorary organization, recognizing substantial continuing legal education)
• Recognized in H Texas Magazine: Houston’s Top Family Lawyers 2006
• Houston’s Top Lawyers for the People 2007
• Board Certifications: Certified in family law in Texas: 1984 – 1994
• Adjunct and Assistant Professor at University of Houston Law Center
• Houston World Affairs Council
• Foreign Languages Spoken: Spanish, some French

Legal Teaching:

• University of Houston, Bates College of Law
• Legal Research and Writing and Oral Advocacy (1976-1978)
• Federal Civil Procedure (1977)
• Texas Civil Trial and Appellate Procedure (1977-1978)
• Various seminars and panel discussions at Houston universities and for National Business Institutes, Inc.

Professional Employment:

• Linda Marshall, Attorney at Law  (1996 to present)  (general litigation, state and federal courts, emphasis on family law litigation).
• Thieblot, Ryan, Martin & Ferguson, Baltimore MD (1995) (general litigation, Maryland and Texas state courts, bankruptcy court)
• Alexander & McEvily (1988 to 1994) (general litigation, state and federal courts:  contract, antitrust, insurance, domestic).  I was recruited by Tom Alexander in 1988 to handle complicated litigation in addition to domestic cases.  Some of the litigation I handled there included successful contract cases against major Japanese and Pacific Rim companies; an antitrust action concerning monopolization in lignite mining (with Hon. John V. Singleton, former chief judge of the U.S.District Court for the Southern District of Texas); FDA seizure litigation; litigation of three patent-related cases; insurance and medical malpractice.  I also maintained a large docket of domestic cases, many dividing multi-million dollar estates.
• Linda Marshall, Attorney at Law (1987 to 1988) (general litigation, business and domestic)  Major cases I handled included the divorce of a local mayor and complex litigation against E.F. Hutton.
• John F. Nichols, P.C. (1982 to 1985) (domestic and products litigation) John Nichols, a longstanding member of the American Academy of Matrimonial Attorneys, handled primarily divorce and custody litigation for wealthy litigants.  While with him, I was certified by the Texas Board of Legal Specialization in Family Law.  I sat both first and second chair in many trials, including a number of jury cases.  In addition, during those years I successfully handled the defense against Joe Jamail of a product allegedly involved in the tragic Westchase Hilton Hotel fire.
• Lapin, Totz & Mayer (1982) (business law, venture capital plans, corporate acquisitions, purchase of Houston Rockets)
• Assistant Attorney General, appointed by then Texas Governor Mark White (1981-1982) (litigation section)
• Special Federal Clerkship to the Hon. John V. Singleton on multidistrict litigation, Corrugated Container Antitrust Litigation 1978-1981, and film distribution multidistrict antitrust litigation 1979-1981.  This was a special clerkship:  Judge Singleton had obtained authorization to hire a special assistant because of the enormous burden of this massive litigation.  Numerous appeals were taken from his rulings: all were ultimately affirmed.
  
• Kronzer, Abraham & Watkins (1975 to 1976) (personal injury and products litigation)  I was the first woman attorney hired by this preeminent plaintiff's personal injury firm, where I worked on some of the seminal products cases against the automotive industry.