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. Texas divorce lawyer William A. Adair has the experience and commitment to detail to help you and advise you through every phase of your divorce case.

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 a marriage), pension plan, vehicles, bank accounts, income tax refund 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 it determined to be non-dischargeable by the bankruptcy court or in state court.

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.

Factors that cannot be stipulated in prenuptial agreements are binding legal matters such as child support; i.e., a couple cannot lawfully agree in a prenuptial agreement that either party will in no way be responsible for restitution. And, 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.

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.

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. The State of Texas 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 deduction items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:

When faced with a relocating custodial parent, the court will generally 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. Assistance of counsel is highly recommended if there exists disagreement between the parents. Issues involving two or more different states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) and the Federal Parental Kidnapping Prevention Act (PKPA).

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 is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

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.

If you or a loved one is involved in a divorce or child custody case in Conroe, Houston, The Woodlands, Cleveland, Tomball or Huntsville, Texas and need the help of an experienced family law attorney, call The Law Offices of William A. Adair today at 866-846-5869, or complete the contact form provided on this site to schedule your free initial consultation.

Texas Family Law Frequently Asked Questions

The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, please contact Attorney William A. Adair.

Can I object to the terms my spouse has requested in our divorce?

Yes, you (along with your attorney) can reject the terms of your spouse’s offer. On receiving an objection to the establishment of a family law attorney's settlement, the Texas divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody or support. If the Texas divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

How are Custody issues decided?

No area of family law brings to the courtroom the tension, anxiety, hostility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality.

Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have several layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

How can a parent remedy the frustration of visitation rights?

A variety of remedies are available to provide relief to the non-custodial parent who has had visitation rights frustrated. The non-custodial parent can commence an action to show cause concerning contempt for violating the court’s order pertinent to visitation. This is not a favored alternative. The court also has power to modify support, yet this works a hardship on the welfare of the child and is similarly not favored. Another alternative is to ask the court to require the custodial parent to post a monetary bond, which would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold that must be shown the court, not a sole incident.

How is the amount of child support determined?

State law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

When can a child support order be changed or modified?

An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support order was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

What happens to a father who refuses to pay court ordered child support?

Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

Are there different types of adoption?

Adoptions takes place in various forms, and are generally classified as independent, agency, step-parent, relative placement, and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary, i.e., a pastor, family friend, or doctor. Agency adoptions are handled through a child placement agency, and approximately two-thirds of all adoptions in the United States are arranged through agencies.

In a step-parent adoption, the family adopting is a birth parent with a new spouse; this usually succeeds a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect and another relative assumes physical custody and responsibility for the child.

Should I make a prenuptial agreement with my future spouse?

The answer to that depends on your specific circumstances and on the two of you as individuals. Financial planners and divorce attorneys argue that prenuptial agreements should be considered if any of the following particulars apply: children involved from a previous marriage, individual ownership of a business or family company, significant individual assets, a substantially unequaled income between the parties, or concern about a future spouse’s personal debt. Since laws about what constitutes marital property and what governs the division of assets after marriage varies from state to state, a prenuptial agreement can work as a legal protection mechanism for both parties.

Often, prenuptial agreements are misunderstood. It is argued that prenuptial agreements are an attack on trust, or evidence that financial matters outweigh the presence of love in a marriage. This is not necessarily true. Most prenuptial agreements are made by couples who want to bypass the mandates of court in the event of a divorce or death, or couples who have children or grandchildren from prior marriages and want to ensure that individual property such as businesses or estates pass down to the family rather than the spouse. Regardless of the circumstances, prenuptial agreements are a comprehensive decision and should be approached bereft of emotional misconceptions.

Can a prenuptial agreement be modified after marriage?

Yes. Any terms of a prenuptial agreement can legally be altered or modified in the future, if both parties so decide. Other terms of the prenuptial agreement not altered will remain intact, unless both parties revoke the entire agreement in writing. And some states will alter prenuptial agreements without party involvement. For example, prenuptial agreements can become void one and a half years after parties to the contract become parents, unless the agreement is later renewed in writing by said parties.

As prenuptial agreements are becoming increasingly common, so are similar documents called post nuptials agreements. Post nuptials agreements are much like prenuptials, but are drafted and signed after a couple has been married. Post nuptials can be drawn up at any time during the course of a marriage, and can be altered in the same way as a prenuptial agreement.

If you or a loved one is involved in a divorce or child custody case in Conroe, Houston, The Woodlands, Cleveland, Tomball or Huntsville, Texas and need the help of an experienced family law attorney, call The Law Offices of William A. Adair today at 866-846-5869, or complete the contact form provided on this site to schedule your free initial consultation.

Professional Biography of Family Lawyer William A. Adair

William A. Adair specializes in complex family law litigation, including divorce and property division, custody and child support, modification, enforcement by contempt and protective orders, adoption and termination of parental rights, grandparent rights and other family law legal matters. Mr. Adair also enjoys an active criminal law practice handling both felony and misdemeanor matters.

Firm Address:

The Law Offices of William A. Adair
404 W. Davis Street
Conroe, Texas 77301

Telephone: 866-846-5869

WILLIAM A. ADAIR, Attorney

William A. Adair is a native of Conroe, Texas and is active in his community. He received his B.B.A. from Sam Houston State University, is a graduate of South Texas College of Law and is admitted to practice before federal and state courts in Texas, including the U.S. District Court, Southern District of Texas and the Texas Supreme Court.

Certifications:

• Texas Board Certified Family Law Specialist, qualification held by fewer than 1% of Texas attorneys
• Certified Mediator

Professional Associations:

• The State Bar of Texas,
• The College of the State Bar of Texas
• The Montgomery County Bar Association

Experience:

• Past President, Montgomery County Criminal Defense Lawyers Association
• Past President, Montgomery County Children's Protective Services Board