Articles Posted in Family law attorney

Going through a divorce is a challenging and emotionally charged experience. When seeking legal guidance, it’s essential to make the most of your initial meeting with a Forney divorce attorney. Adequate preparation ensures that you can maximize your time together, gain clarity on the process, and set realistic expectations.

At the Forney, TX, divorce law firm of Guest & Gray, we help clients through the process of getting a divorce. Like many divorce attorneys, we provide free consultations to all prospective clients and want our initial meeting to provide you with all the information you need. So, in this blog post, we will provide you with valuable tips on how to prepare for your first meeting with one of our divorce lawyers, that way, we can provide you with meaningful advice to guide your decision-making.

Compile Essential Documents

Terrell Texas Divorce Lawyers

Terrell, Texas, is located in Kaufman County. If you are considering filing for divorce, it is important to understand the local legal system. Kaufman County has four courts, all of which handle family law cases and hold family law hearings. Kaufman County has only one full-service law firm that is more than just one or two lawyers, and that is Guest and Gray Law Firm. We are the biggest firm in the county. As the county has grown, so have we. We fight and win the toughest cases, but we also know how to help our clients reach amicable solutions when it’s in their best interest. We are ready to help you with a divorce or family law case, and we have the resources to get the best result in your case. 

We understand the community and what it’s like to have a family law case in Kaufman County. When we meet, we will discuss the process and understand the dynamics of your family. We know what it’s like to raise children in Terrell. We have employees with families who live in Terrell. We get it. Terrell is a unique place. Lots of people commute to work and are concerned about their children’s future. Terrell is growing with lots of new opportunities. It’s one of the oldest and largest communities in Kaufman County. Jamie Foxx is from Terrell. We get Terrell.

So you want to get married? Or you think you are married? If you are in Texas, there are two different ways to be married. The first is called a ceremonial marriage. It’s what you think of when you picture a traditional wedding or a couple saying their vows in front of a justice of the peace.

What is a ceremonial marriage in Texas? 

The last thing you want to do is have a wedding and not be married. To make sure that doesn’t happen let’s go over the rules for a ceremonial marriage. In Texas, a valid ceremonial marriage requires four things.

Most people assume that if you are awarded primary custody, and you have a child living with you the majority of the time, then the other parent will pay you child support. The Dallas Court of Appeals recently heard a case in which Father was ordered to pay child support, even though Father had the child 70% of the time and was considered the custodial parent with primary custody.

How did this happen? Let’s look at In the Interest of ARW, No. 05-18-00201-CV from the Dallas Court of Appeals.

What happened in ARW?

If you file a divorce or child custody case in Van Zandt County, Texas the following standing orders will apply. Standing orders are rules that judges enforce without the parties asking for them. Standing orders are used to preserve the status quo and prevent one party from emptying the bank accounts, selling the assets, or moving away with the children. If you are going to file for divorce in Van Zandt County then you should understand these rules.

These standing are current for 2019.

VAN ZANDT COUNTY STANDING ORDERS-

There are lots of things associated with Super Bowl Sunday. Snack food and memorable commercials are two that come to mind. Some other things associated with Super Bowl Sunday might not be such a good idea when it comes to your case that involves family law. This blog is going to discuss five of those things that you may want to keep in mind on Super Bowl Sunday.

  1. Lay off the obnoxious posts on social media. You may think you’re being funny by posting a mildly offensive meme about Tom Brady this Sunday, but as the saying goes, treat everything you put in writing as if it is going to be read aloud in open court. Your best option is to avoid posting at all in order to prevent anything being used against you in your family law case. If you must post, keep it positive and definitely don’t post any pictures that involve alcohol or drugs.
  2. Don’t drink around your kids. Many allegations get thrown around when parents are fighting over their children. One of the more common ones involve accusations of drinking or even doing drugs around kids. This can really hurt your case. Don’t give the other side any more mud to sling at you just because you wanted to let loose on Super Bowl Sunday. Also, it should go without saying, but never drink and drive.

Pre-nuptial agreements, called premarital agreements under Texas law, are frequently in the news and even in pop culture references (shout-out to Kanye West).  You may think that living in Dallas, Kaufman, or Rockwall County that you don’t need to worry about a premarital agreement, but they can be a very valuable tool. No one likes to think about divorce at the beginning of their marriage, but with the amount of marriages that end in divorce it can be extremely helpful to get an agreement in writing ahead of time to make sure that a divorce can be as painless as possible.

What are the requirements for a premarital agreement in Texas?

In Texas, a premarital agreement must be in writing and signed by both parties. It is pretty much that simple. There are many things that may be contracted for in a premarital agreement but one major thing that is NOT allowed to be modified in certain ways in a premarital agreement is child support. You can’t completely get rid of (the statute says, “adversely affect”) child support. It makes sense because it seems like bad policy to have a child suffer because of an agreement of the parties that was possibly made before they were even born.

What is a Mediated Settlement Agreement?

If you reach an agreement in a mediation, more precisely called a Mediated settlement agreement or MSA for short, the agreement is binding on you and all other parties you are agreeing with in a family law case as long as the MSA is drafted in the way that is required under the Texas Family Code. The agreement must be the result of a mediation, hence the name, which is basically just the meeting of both parties with a neutral third person facilitating the conversation so that the parties can come to an agreement. Texas law encourages mediation as a cost-efficient and time-efficient way of settling disputes. One of the benefits of mediation is that instead of a judge who has only a glimpse into the lives of parties based on evidence presented to him or her, during a mediation the parties who know their situation and family the best get to come to an agreement that works for them and is custom to their situation.

One downside to a mediation could be that as opposed to a judge who should know what the consequences of their decision could potentially be, parties could be making agreements in a mediated settlement agreement using language that will have consequences after the agreement is entered that they did not intend. One of the reasons that we trust judges to make decisions for us in legal matters is that in general they have years of experience dealing with similar matters and they should understand what all of the legal jargon that goes into an order actually means.

Can I appeal my divorce while still accepting benefits from the parts of the judgment that work in my favor?

As with most questions asked about the law, the answer to whether you can appeal a part of your divorce while accepting benefits from the parts of the divorce you do like is, it depends.  More accurately, the answer is, probably not. This is because of a legal concept called estoppel.

What is estoppel?

The Texas Family Code requires that a child in the conservatorship of DFPS attend all permanency hearings. This section also requires that if the court determines it is in the best interest of the child, and the child is older than four, that the court must consult with the child in a developmentally appropriate manner regarding the permanency plan. However, Texas courts do not consistently require children to attend permanency hearings.

Why aren’t children attending the hearings? 

The code has an exception that states that judges can make an individual determination that excuses a child from attending a specific hearing. Apparently,  many judges are deciding that it is not necessary for the children to be at the hearings. Of course, issues with school attendance and actually getting children to court are factors that contribute to children not being able to attend permanency hearings, but options like video conferencing and the fact that a child attending court while in foster care is an excused absence should help to alleviate any of these problems.

Contact Information