Family Law

Helping Settle Family Disputes

As a family law attorney, many of my cases involve settling family disputes for my Dallas Fort Worth, Texas clients. Those disputes can be related to divorce, child custody, division of property, child support or family law issues, which may involve criminal law matters such as child abuse or domestic violence.  During my years of practice, I have found that many individuals have questions about their rights and responsibilities under the State of Texas law.  The information below is the first step to understanding the legal options that are available to you.  My family law practice includes the following:

Divorce
Marriage is a legal relationship between two people. Many legal matters arise when a marriage is to be dissolved and most people need help to reach an agreeable settlement. It is a stressful time with difficult choices. The welfare of the children is an important consideration for any parent who is divorcing. It is important to know your rights and responsibilities so you can make informed choices. For more information about divorce

Child Custody
Child custody is perhaps the most important decision for divorcing couples with children. There are two basic types of custody. Physical custody dictates where the child lives and for what percentage and period of time.  Legal custody is the decision-making authority a parent has in regard to his or her children.
 

Child Support
Divorce has emotional and financial implications on the family. The State of Texas has a unique formula for determination of child support amounts. Divorcing couples in the Dallas Forth Worth Texas area who have family law disputes related to custody, will find that child support is largely dependent on custody issues and the state formula. I help individuals understand the child support formulas as it relates to their situation.

Division Of Property
When a couple has been married for any length of time, it is likely that they have obtained assets and debts together. If the marriage is dissolved, those assets and debts need to be valued and divided in a manner that is equitable. It is important to understand that equitable is not the same as equal.  The State of Texas also recognizes common law marriages and the same rules of division of property would apply to any recognized common law married couple.

Modifications Of Support Or Custody
People change over time and when that happens, it may be necessary to have a modification of support or custody.  Modifications of support or custody frequently occur as children get older and require more support, as circumstances of the parties change or as children reach the age when they can choose which parent they want to live with.

Spousal Support (Alimony)
Spousal support is an allowance, which a husband or wife pays to the other spouse for maintenance. Spousal support can be part of the divorce agreement in the form of contracted alimony. In the State of Texas, as in many other states, temporary alimony may be awarded to one of the spouses during the time the divorce is pending. 

Pre-Marital / Post-Marital Agreements
Also called a prenuptial agreement, a pre-marital agreement helps couples start off with a feeling of security knowing that they have an open approach to their finances. A post-marital or post-nuptial agreement is sometimes created after a couple has been married. It is most often used by older couples who marry late in life and have other pre-existing families and assets, or by younger couples when their incomes are not equal due to job circumstances or child-rearing and the parties want to protect/provide for the disadvantaged spouse.

Temporary Restraining Orders
Divorce is an emotional issue and sometimes emotions give way to physical violence or other actions that could harm a spouse or the children. A TRO, or Temporary Restraining Order, places specific limitations on a spouse’s access to their spouse, the children, their home, their workplace and their assets.

Adoption
Adoptive parents accept all the challenges, rights, and responsibilities of parenthood. The adoption process can be simple and straightforward as in the case of a stepparent adoption, or can be a maze of legal twists and turns as in the case of an international adoption or adoptions involving County Protective Services. 

Paternity
Establishing paternity is financially important and establishes parental rights as well as contributing to a child's sense of identity.  Paternity does not necessarily determine whether or not a parent owes or does not owe child support.

Contempt
Contempt is a crime that occurs when an individual violates an order of the court. Examples of contempt would be non-payment of child support or spousal support, or violation of the terms of a temporary restraining order.

Criminal Family Law Issues
There are some families that have marital issues that escalate into criminal court. Examples of criminal court matters related to family law are child abuse, some forms of contempt and domestic violence.

If you live in or near the Dallas Forth Worth, Texas area, and have a family dispute of any kind, you will find that I am a fully capable, competent and caring family law lawyer.  Call or contact me today to schedule an initial consultation. Let me help you get on with the rest of your life.





Division of Property

Understanding Division of Property

If you are facing divorce in the Dallas Fort Worth area, you need legal advice regarding division of property and all of its related issues.  When a couple has been married for any length of time, it is likely that they have obtained assets and debts together. If the marriage is dissolved, those assets and debts need to be valued and divided in a manner that is equitable. It is important to understand that equitable is not the same as equal.  The State of Texas also recognizes common law marriages and the same rules of division of property would apply to any recognized common law married couples.

Here are a few considerations related to the division of property:

  • Couples may keep their pre-marital or separate property if they can prove that they had it before the marriage, and the property wasn’t spent or sold during the marriage. Gifts and inherited property fall into this category. 
  • Income earned by either person in the marriage is considered joint income and contributes to community property. Even though one spouse may make 80% of the income, the court considers that each party is entitled to 50% of the assets and debts for the period of their marriage. 
  • Property distribution should be “equitable” but not necessarily equal. If one spouse has not been in the workforce for a number of years, they may receive more than 50% of the joint assets. 
  • Retirement benefits and qualified retirement plans are included as community property in the division of property.  A Qualified Domestic Relations Order (QDRO), splits off the retirement plan assets without tax consequences for either party. 
  • Pre-marital and post-marital agreements will affect the determination of property division.

If you live in the Dallas Fort Worth, Texas area, and are in need of legal advice regarding divorce and the division of community property, please call or contact me today to schedule an initial consultation. Let me help you get on with the rest of your life.

Nancy Gail Huggins 



Nancy Gail Huggins
Suite 130
10830 N Central Expressway
Dallas, TX 75231-1022
Phone:  (214) 739-0275, or (214) 360-9471 Fax:  (214) 739-5397
nghuggins@sbcglobal.net

   



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