Comprehending Family Law in Austin
A family law attorney deals with issues like the division of property, spousal support, child custody and visitation rights for divorced parents, and inheritance in cases when a spouse dies. The most common area of family law is divorce.
Texas has a "no fault" divorce system. This means just a general incompatibility or the inability to get along is grounds for a divorce. When filing for divorce in Texas the spouses must have lived in the state for at least six months prior to filing. Also, one must have lived in the county they are filing in for at least 90 days prior.
When there are children involved and a divorce is looking likely, the Texas courts have been known to encourage parents to wait. There may be a waiting period of up to 60 days before a divorce is granted so the judge can review the case and see if there is any way to reconcile the couple.
Texas courts award custody to either parent , giving them the right to make decisions on how to raise the child. In cases when the other parent feels they also deserve custody, the courts will take into account many factors such as the home environment, caregiver extended family and the child’s preference, if they are old enough to communicate their independent needs.
While many states award parents equal spousal support, Texas courts have discretionary powers. They can award different amounts based on such factors as: While the court may make specific recommendations, the decision ultimately lies with the judge.
Texas is a community property state where anything acquired during the marriage is jointly owned and should be divided equally by both parties when the marriage ends. This includes things like income earned by either spouse, as well as investments and pensions. Property owned before the marriage, as well as any gifts, inheritances or anything else that was don’t without the intention of combining into community property.
Advantages of Free Consultation with Family Lawyers
There are a lot of reasons you should be looking for free consultations with family lawyers in Austin, Texas when seeking legal representation. First, it allows you to assess whether a lawyer has the experience and expertise to take your case. There are many aspects of family law that are specific and require a certain finesse to accomplish results. Negotiating with your spouse’s lawyers can be difficult and you will need a lawyer who can handle the strong personalities involved. If your matter is high asset or contentious you will also need the representation of a lawyer with superior trial skills. Second, it allows you to gain insight to what legal options you have available to you. Every family law situation is unique. Essentially all of them require an analysis of the specific circumstances as they apply to the law. This is something that cannot be done at a distance or online. It must be done by someone with experience reviewing such matters.
Third and most importantly, a free consultation sets expectations. You need to understand what your options are and what you are willing to do to resolve the issues. Some matters go to trial and some do not. The value of each of your assets needs to be determined and sometimes an expert must be hired to accomplish this. A lawyer should be able to tell you what your options are. In addition, your attorney should be able to explain what the process is going to be. You need to understand how long it is going to take to get an issue resolved and if that is reasonable.
Choosing the Best Family Law Attorney in Austin
When it comes to choosing the right family law attorneys in Austin for your legal matter, there are a number of different factors you will want to consider. There is no substitute for going into consultation and meeting with a lawyer in person. When choosing a Austin family law attorney, you will want to look at the lawyer’s credentials, experience, and specialization in the law. An attorney’s reviews or testimonials are helpful as well, though not as valuable as actually talking to or meeting with the attorney.
You should be sure to read their biography on their firm’s website to see where they went to law school, how long they have been licensed in the State of Texas, how long they have been practicing family law, and what other kinds of law they may have practiced in the past. Family law is such a niche area these days that you will want to find a family law attorney for whom this is their sole area of practice.
Questions to Pose to Your Free Consultation
A free consultation with a family law attorney is not only a good opportunity to find out more about what the lawyer is like but also to ask questions about the case and learn more about the process. It’s important to go into the meeting prepared with some questions.
Some questions you may want to ask are:
Since no two cases are ever the same, try to determine how the attorney will handle your case. If it is a divorce and you have very small children, ask how he/she will approach the issue of conservatorship and visitation. Is there a presumption for the mother or for a father? In some cases, an attorney may say that it depends on the circumstances. That is another way of saying that they don’t know what, if any, the circumstances are. That type of an answer may not be the best choice for you at that time. In divorce cases involving children , you’ll want to know early on how the attorney is likely to approach the issue of conservatorship and possession or custodial time.
How does the firm typically handle fee agreements with clients?
Most lawyers have a retainer agreement which spells out the fee arrangements between the client and the attorney. A good law firm will have a standard fee agreement. Someone should explain the fee agreement to you, and you should receive a copy of the written fee agreement.
How is the firm’s fee structure set up?
Ask again to have the fee agreement explained to you. You should understand the fee structure and what you will or will not be charged for. You will find that most attorneys charge a lot more for litigation and court appearances than for phone calls or other types of work that can be done in the office. The goal is to keep the work done for the case at a minimum to save you money. It’s important for you and your attorney that you do not create extra work for your lawyer. It is important to ask the attorney whether they ever write off time and what their billing procedures typically are. Many attorneys understand the need for a good relationship with the client that sometimes requires some discounting of time.
Preparing for Your Consultation
It is difficult to go through a divorce, child custody dispute, or any other serious family law matter without having some sort of consultation with a lawyer before the process starts. When an attorney meets with a potential client for the first time, it is usually for an initial consultation, and many times that consultation is free. However, not all free consultations are created equal – some consultation meetings might not prove to be particularly useful, either because the lawyer and client can’t imagine working together, or because the lawyer has a different view of what needs to happen than the client does.
In that regard, a potential client can do some good in advance preparation for the meeting that will produce somewhere between a very useful consultation and a waste of time. That client should, of course, gather documents that relate to the case. That might include their homestead property, any other separately owned property, bank statements, tax returns, health insurance cards, or anything else that might be helpful in making legal decisions. A client should then prepare a written summary of their case – the facts, what they think they want from it, and what they think the lawyer might need to do for them. A list of questions about the process and the lawyer themselves should also be prepared.
With those preparations made, a client can walk into a free consultation confident and ready to get down to business. The consultation should then outline the next steps that each side will take in order to begin the representation.
Common Resolutions in Family Law Matters
The potential outcomes in family law cases are as diverse as the clients themselves. However, there are some commonly observed resolutions to various types of family law disputes.
For divorces, one common outcome is a negotiated settlement where the spouses agree on the division of assets and liabilities, spousal support, child custody and child support. A successful negotiation allows the parties to avoid costly and time-consuming litigation .
In cases involving children or unmarried parents, the most likely outcome in an Austin family law case is a final judgment or decree determining custody and support. Austin family courts prefer to establish joint managing conservatorships as opposed to one parent having the sole conservatorship. Joint managing conservatorships mean children can have a meaningful relationship with both parents.
Some conservatorship cases involve the termination of parental rights or the adoption of a child. In those cases, an Austin family law attorney can help a client navigate the complex process.