Q:What Is Family Law? Is It Just For Divorce?
A:While many clients seek out an attorney for help with divorce proceedings, a family lawyer can also assist you with adoption, domestic abuse, child custody, and more. In any family law matter, your attorney’s job will be to ensure you are treated fairly by the courts and that any agreement reached takes your best interests into consideration.
Q:How Do I File For Divorce?
A:If you have lived in Texas for at least 6 months, you are eligible to file for divorce. Texas allows for both fault-based and no fault-divorce. This means you can get divorced without giving any reason, if you choose, or you can claim that the actions of the other party have forced you to end the marriage. You must then notify your spouse that you have filed for divorce so you both can start sorting out the details. An attorney can notify your spouse on your behalf if you so choose.
Q:Can I Adopt A Stepchild?
A:Adoption of a stepchild is one of the most common forms of adoption in the United States. Many stepparents decide to take this step so that they can more easily obtain legal guardianship of a child in case the birth parent is rendered incapacitated.
Q:If I Get Divorced, Will I Have To Go To Court?
A:Aside from filling out paperwork, it is unlikely you will need to go to court during your divorce. Most couples are able to settle divorce matters outside of court. It is only in rare cases where one or both sides refuse to cooperate when a divorce goes to trial.
Q:Will I Be Able To Get Custody Of My Children After a Divorce?
A:This depends entirely on your situation. When determining custody, courts always do what is in the best interests of the child. They will consider the living situation, income, and parent/child relationship when determining custody rights. Children are usually not asked which parent they would prefer to live with as this can place a tremendous burden on them. However, if your child is over 12 years old and you believe it is important that they have an opportunity to voice their opinions to the court, you can request a private meeting between your child and the judge. Judges typically do not meet with the children so as not to place any unnecessary stress on them, but they are willing to meet with children (without either parent being present) if requested.
Q:Why Do I Need An Attorney For My Divorce?
A:Many people start filling family law forms on their own, believing it can be handled more simply without an attorney. This is a very risky step and there is no attorney or legal professional that would advise you to attempt this on your own. Not only can the paperwork be exceedingly complex, but it is extremely easy to take advantage of someone pursuing a legal matter without any legal experience. It can be easy to overlook thousands or millions of dollars’ worth of assets just because you were not made fully aware of how much your property is worth. We understand you want to resolve these matters as quickly as possible, and as your legal counsel, that will be our goal as well! Resolving these conflicts peacefully ends up better for all parties involved. Hiring an attorney is not an aggressive move, but a necessary one to protect your interests.
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Camille Borg Law PLLC has an extreme passion for championing the best interests of those who can't do it alone.
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