Hiring a divorce attorney can be expensive. Going through a divorce can be a stressful time, and the last thing you may want to do is add financial stress by paying costly attorney fees.
While it is tempting to save money, cheap divorce lawyers in Houston, Texas, come with a hidden price. Here, we will explain why hiring a cheap divorce attorney in Houston may cost you money in the long run.
The Hidden Costs of Hiring a Cheap Divorce Lawyer
From dividing assets to a custody arrangement, you will want to achieve the divorce outcome that is best for you. Without skilled legal representation, it may be harder to negotiate an agreement with your spouse.
If your case goes to trial, you may have a hard time presenting evidence to support your case. If your spouse hires a competent attorney, they will have the upper hand in contested divorce matters. You could end up losing valuable property or settling for a custody arrangement that is not to your liking.
There are several reasons why cheap divorce lawyers in Houston may charge less than the average market price. All of these reasons can mean you may not get the outcome you want in your divorce case.
Experience Matters
Some cheap divorce lawyers in Houston, Texas, may charge less than others because they are new to practicing family law. Inexperienced lawyers cannot attract clients based on past results or word of mouth referrals. New divorce attorneys may charge lower rates than more experienced divorce attorneys to appeal to potential clients.
While all attorneys have to start somewhere, experience is important in divorce cases. A divorce attorney who has been practicing for several years is more familiar with Texas family law.
Familiarity with the law means that your attorney may be able to spend less time researching issues for your case. Since divorce attorneys usually bill by the hour, an experienced divorce attorney can actually save you money, even if their hourly rate is higher than some more affordable divorce lawyers in Houston, TX.
You certainly never want your attorney to rush, but a newer attorney will usually need more time than an experienced attorney to complete similar tasks. This can cost you more money and drag out your divorce proceeding.
The divorce attorneys at The Larson Law Office have been handling divorce cases for over a decade. Erik and Diana Larson have the experience to handle your case both competently and efficiently.
Cheap Divorce Lawyers May Not Have Time to Focus on Your Case
Sometimes, divorce lawyers charge lower hourly rates or low flat fees and rely on client volume to make money. The problem with this tactic is that each client’s case may not get the attention it deserves. An attorney who does not have time for your case can affect the results of your divorce.
For example, a cheap divorce attorney in Houston may not read your settlement agreement carefully and may miss the fact that the agreement does not address all of the issues in your divorce. Oversights like this can lead to future legal conflicts over an unclear settlement agreement. You should always be sure that the lawyer you hire can devote time to your case.
The Larson Law Office specializes in attentiveness to each client’s needs. When you call The Larson Law Office, you will speak to Diana or Erik Larson, both talented family attorneys. Your case will not be handed off to a junior attorney or paralegal. The attorneys at The Larson Law Office will always give your divorce case the time it needs.
Cheap Divorce Lawyers Often Cannot Handle Complicated Cases
Whether it is because of a lack of experience or because their case volume prevents them from spending time on complicated issues, cheap divorce lawyers may not be able to handle more complicated cases. Divorce cases involving children, high-value assets, or detailed and specific divorce settlement agreements are usually complicated.
You want to be sure that your attorney is well-equipped to navigate the complexities of your divorce case. If you hire a cheap divorce lawyer in Houston, Texas, and they mishandle your complicated divorce, you can end up paying even more money for another lawyer to fix their mistakes.
When Not to Hire a Cheap Divorce Lawyer
You should not hire a cheap divorce lawyer if you and your spouse disagree about the terms of your divorce. Disagreements require your attorney to spend time negotiating, mediating, gathering evidence, and possibly preparing for trial. You will want an experienced attorney who has enough time to devote to this process.
Additionally, some cheap divorce lawyers charge a low initial fee but add extra fees when issues arise during a case. Sometimes they will even withdraw from your case altogether when things get complicated, and you will have to pay a new attorney to get up to speed. In any divorce case, things can change unexpectedly as emotions flare between you and your spouse.
If your attorney charges you fees for additional phone calls and communications, the cost of your divorce can increase quickly. It is better to know about and budget for costs up front rather than deal with surprises.
Does Your Divorce Attorney Have Your Best Interests in Mind?
It is important to hire a divorce attorney who will keep your best interests in mind throughout the case. Avoid cheap divorce lawyers in Houston who are only interested in making money by accepting as many clients as possible. These divorce attorneys may not pay enough attention to your case to make appropriate appeals following a hearing or trial.
Your divorce attorney also should not try to drag your case out so they can bill you for more hours. If agreeing to a settlement is in your best interests, your attorney should be willing to work with you to achieve this resolution.
Save Money by Hiring a Quality Houston Divorce Lawyer
When it comes to your divorce, it is important to get it right the first time. Hiring a second lawyer to fix mistakes made by a cheap divorce attorney in Houston can be expensive.
In addition, the costs of losing property or visitation rights in a contested divorce because you did not have competent legal representation can be impossible to calculate. Call The Larson Law Office to talk to family law attorneys with a long list of satisfied clients.
Contact The Larson Law Office with Your Questions
At The Larson Law Office, we are ready to answer any questions you may have about the cost of your divorce. We can advise you about your next steps based on the complexity of your specific divorce proceeding.
Erik and Diana Larson will keep your best interests in mind at all stages of your divorce, from the first conversation until the resolution.
Texas Divorce Mediation Overview
/in Uncategorized /by wyattIf you have to go to trial to reach a resolution, the process can become lengthy and contentious. Fortunately, however, there are ways to prevent this from happening.
Depending on the facts and circumstances surrounding your divorce, a Texas divorce mediation might be right for you.
If you have questions about divorce mediation in Texas, contact the Larson Law Office’s divorce attorneys today.
Mediation: An Overview
Mediation is an out-of-court process in which a neutral decision-maker, called the mediator, assists parties in reaching a mutually agreeable settlement. The mediation process provides parties with a way to reach a resolution without going through the court system.
In a divorce mediation, the mediator helps the couple settle issues that would typically be decided by a judge. These issues might include:
The role of a Texas divorce mediator is to assist the couple in reaching a voluntary agreement. However, the mediator will never force a settlement on any party.
How Divorce Mediation in Texas Unfolds
The first step in beginning your divorce mediation is to hire a Texas divorce mediator. The mediator you select should be well-versed on all issues frequently addressed in a divorce.
Your mediator will be guiding you and your spouse through one of the most difficult times in your life. Thus it is important that you choose someone whom you trust and feel comfortable having difficult conversations with. Your divorce attorney will likely provide recommendations for mediators that would be a good fit.
The next step is the mediation session itself. Mediation sessions can occur in different ways.
You may meet with your spouse and the mediator together in one room, although that is not typical. Alternatively, you and your spouse may each meet with the mediator separately, which is more often done. If you are represented by an attorney, they can attend mediation with you and advise you as you come to an agreement.
Depending on the extent of disagreements with your spouse, the mediation may require only one session. However, often couples will have differing wishes in some areas, and it will take multiple sessions.
Finally, if the parties do reach a voluntary settlement agreement, they will sign the agreement and file it with the court.
Pros and Cons of Mediation
As with any process, there are pros and cons of going to mediation for divorce in Texas.
Examples of pros of divorce mediation in Texas include the following:
Attempting to finalize your divorce through mediation can be a great way to streamline your divorce while keeping things as friendly and amicable as possible.
Of course, there are cons to mediation as well. Some of these cons include the following:
Give our team a call to discuss whether proceeding with mediation might be the right step for you.
What Happens When You Do and Don’t Reach an Agreement in a Texas Divorce Mediation?
If you and your spouse do reach a settlement agreement, you will each sign a formal agreement. You will then file the settlement agreement with the court. Once the court approves the agreement, its terms will become the terms of your final divorce decree.
If, however, you and your spouse cannot reach an agreement, you have no obligation to continue attempts at meditation.
Although some Texas counties require you to at least attempt mediation, mediation is mostly a voluntary process. If the process does not work for you, you are entitled to have your divorce issues heard and decided by a judge.
Is a Divorce Mediation in Texas Right for Me?
If you and your spouse are seeking a divorce and would rather come to an agreement together than go through the court process, mediation may be the path for you.
According to a national survey, the average cost of a litigated divorce is about $15,000 per person. However, resolving your case through mediation can potentially lead to a much cheaper and quicker result.
We Can Answer Your Questions
If you have questions about whether divorce mediation in Texas might be right for you, we want to help.
Erik and Diana Larson have been practicing law in Texas for over 20 years. Going through a divorce can often feel both financially and emotionally overwhelming. But you don’t have to go through it on your own.
Contact our team today for a free consultation to see how we can help.
Retroactive Child Support in Texas
/in Child Custody Law /by Erik LarsonParenting can feel even more difficult if your ex hasn’t helped to support the child you share.
Fortunately, there are back child support laws in Texas that may allow you to receive financial support from your ex to make up for it.
If you have questions about retroactive child support in Texas, contact family law attorneys Diana and Erik Larson of the Larson Law Office today.
What Is Retroactive Child Support?
Retroactive child support is available where there has been a period of time, prior to the entry of a child support award, when one parent did not provide financial support for the child.
Both parents of a child have an equal obligation to support their child, even if the parents are no longer together and even if there is no child support order in place. If the court has ordered your child’s other parent to pay child support and they refuse, you can get the court to enter a judgment against them for the amount of unpaid support.
But if there is no order, it can be more difficult to force them to pay. This is where retroactive support comes in. You can ask the court to order your child’s other parent to compensate you for their share of child-care expenses you have incurred in the past.
Can Courts Order Retroactive Child Support in Texas?
Yes, courts can order back child support in Texas. However, they can do so only in certain situations.
Pursuant to Texas Family Code Section 154.009, a court may order a parent to pay retroactive child support in Texas if the parent:
However, it is important to note that the court does not have to order retroactive child support.
If both of these elements are true, the judge has discretion to order retroactive child support if it is in the best interest of the child. A judge will use specific facts of the case to make this determination.
Factors to Establish Retroactive Child Support
Judges evaluate requests for retroactive child support on a case-by-case basis. Some factors judges may consider in making their decision include:
No two cases are the same, so don’t hesitate to reach out with any questions about what factors may exist in your case.
How Do You Calculate Retroactive Child Support in Texas?
If a court orders back child support in Texas, it will calculate the amount using the retroactive child support guidelines found in section 154.125 of the Texas Family Code.
Under these guidelines, the court must determine the total net resources of the non-custodial parent during the relevant time period. Then, depending on the number of children the parties share, the court will calculate a percentage of the non-custodial parent’s monthly income, as designated by the guidelines. This percentage will dictate the retroactive child support amount. Retroactive child support can go back to the parents’ date of separation.
We Can Answer Your Questions
Sharing a child with an ex is complicated. But you deserve support.
The family law attorneys at The Larson Law Office will fight zealously for your rights to help you get the support you deserve. Contact us today for a free consultation, and see what we can do for you.
How Much Does a Divorce Cost in Texas?
/in Divorce Law /by ErikLarsonSo how much does a divorce cost in Texas? While the exact answer is different for everyone, there are several factors that can affect the cost of your divorce.
Average Cost of Divorce in Texas
How much it costs for a divorce in Texas varies depending on whether or not you hire a lawyer.
Getting a Divorce Without Hiring a Lawyer
You can file your divorce petition, fill out your paperwork, and attend divorce hearings without a lawyer representing you. If you choose the DIY option, you will only need to pay filing fees and other court fees. This usually adds up to a few hundred dollars.
While getting a divorce without hiring a lawyer seems less expensive, it can cost you in the long run. You must correctly complete all divorce paperwork and meet all filing deadlines. Missing filing deadlines can, in some situations, result in a default judgment in favor of your spouse. In addition, you and your spouse may disagree on child custody arrangements or asset division.
A divorce lawyer can help you negotiate a more agreeable settlement or dispute your spouse’s proposed divorce terms in court. It is extremely difficult to argue a case without legal knowledge. Having a lawyer will give you an advantage.
Hiring a Lawyer
The cost of a divorce can go up or down depending on a number of factors, including the level of conflict in the divorce, how many contested issues there are, how much courtroom time is involved, how quickly and easily agreements are reached, and whether there are children involved.
Most people hire a divorce lawyer for full-scope representation, meaning the lawyer handles every aspect of the entire case. However, it is also possible to hire a lawyer for only certain aspects of your case. For example, you can hire a lawyer to review a settlement agreement that your spouse has presented to you.
Disputes and Trial Can Raise the Cost of Your Divorce
Most divorce lawyers charge by the hour, so the total cost of your divorce is determined by the lawyer’s rate and the amount of time the lawyer must spend on your case. Cases with more contested issues usually require a divorce attorney to devote more time to the matter.
If your case goes to trial, your attorney will have to spend significant time preparing for trial. This can raise the cost of your divorce. The cost of a divorce with one contested issue can more than double when the issue must be resolved at trial instead of through a settlement.
Factors That Most Affect the Cost of Divorce
How much does a divorce cost in Texas? In addition to whether you must go to trial, there are several factors that can significantly impact the cost of your divorce.
Fault or No-Fault
Certain types of fault divorce cases, such as a divorce on the grounds of adultery, tend to cost more. Proving adultery, cruelty, or other fault grounds can affect a final divorce settlement, so allegations of fault are relevant to many divorce cases. If you are seeking a divorce on fault grounds, you must prove that your spouse is at fault by presenting evidence to the judge.
Your lawyer will have to spend more time gathering and preparing to present this evidence, often resulting in a higher total cost. How much it costs to get a divorce in Texas may depend on the grounds for your divorce.
Alimony
If alimony, or temporary spousal support, is a contested issue in your divorce, the cost of your divorce may increase. In Texas, certain circumstances must be present for a court to award alimony payments to one spouse in a divorce. The spouse requesting alimony may have to prove that they are unable to support themselves without alimony due to a physical or mental disability or because they are the custodial parent of a child with a mental or physical disability.
To prove eligibility for alimony, the requesting spouse must present convincing evidence to a judge. This requires an attorney to spend time gathering evidence such as medical records, expert testimony, etc.
Child Custody
Texas courts tend to favor shared custody arrangements unless circumstances make this arrangement unreasonable. A court may deny custody rights to a parent if there is abuse or neglect. If you do not want to share custody with your spouse, you will likely need to present proof that your former spouse is unfit.
Similarly, if your spouse wants to deny you custody, you must present evidence to discredit your spouse’s claim that you are an unfit parent. An attorney must spend time collecting evidence to support your claim in court. Disagreements over child custody may need to be resolved with a trial and can make your Texas divorce more expensive.
Division of Assets
The more assets a couple has, the more likely there are to be issues when it comes time to divide them during a divorce. Each asset, from bank accounts to businesses owned by either spouse presents the opportunity for a disagreement about who gets what. These disagreements require time-consuming negotiations and sometimes a trial.
What Factors Can Affect the Timeline of My Divorce?
Disagreements over any of the issues listed above can make your divorce take more time. Whether or not you hire an attorney, it takes time to gather evidence to support your side of a disagreement with your spouse. In addition, if you have to resolve your disagreements with a trial, court delays can extend the process even more.
Contact The Larson Law Office with Your Questions
There is no way to know upfront exactly how much a divorce costs in Texas. The experienced family law attorneys at The Larson Law Office are ready to answer your questions about the cost of getting a divorce. We are available to discuss our hourly rates as well as a general idea of how much time your divorce case is likely to take. Call The Larson Law Office today to speak to an experienced Texas divorce attorney.
Are Cheap Divorce Lawyers in Houston Worth It?
/in Divorce Law /by ErikLarsonWhile it is tempting to save money, cheap divorce lawyers in Houston, Texas, come with a hidden price. Here, we will explain why hiring a cheap divorce attorney in Houston may cost you money in the long run.
The Hidden Costs of Hiring a Cheap Divorce Lawyer
From dividing assets to a custody arrangement, you will want to achieve the divorce outcome that is best for you. Without skilled legal representation, it may be harder to negotiate an agreement with your spouse.
If your case goes to trial, you may have a hard time presenting evidence to support your case. If your spouse hires a competent attorney, they will have the upper hand in contested divorce matters. You could end up losing valuable property or settling for a custody arrangement that is not to your liking.
There are several reasons why cheap divorce lawyers in Houston may charge less than the average market price. All of these reasons can mean you may not get the outcome you want in your divorce case.
Experience Matters
Some cheap divorce lawyers in Houston, Texas, may charge less than others because they are new to practicing family law. Inexperienced lawyers cannot attract clients based on past results or word of mouth referrals. New divorce attorneys may charge lower rates than more experienced divorce attorneys to appeal to potential clients.
While all attorneys have to start somewhere, experience is important in divorce cases. A divorce attorney who has been practicing for several years is more familiar with Texas family law.
Familiarity with the law means that your attorney may be able to spend less time researching issues for your case. Since divorce attorneys usually bill by the hour, an experienced divorce attorney can actually save you money, even if their hourly rate is higher than some more affordable divorce lawyers in Houston, TX.
You certainly never want your attorney to rush, but a newer attorney will usually need more time than an experienced attorney to complete similar tasks. This can cost you more money and drag out your divorce proceeding.
The divorce attorneys at The Larson Law Office have been handling divorce cases for over a decade. Erik and Diana Larson have the experience to handle your case both competently and efficiently.
Cheap Divorce Lawyers May Not Have Time to Focus on Your Case
Sometimes, divorce lawyers charge lower hourly rates or low flat fees and rely on client volume to make money. The problem with this tactic is that each client’s case may not get the attention it deserves. An attorney who does not have time for your case can affect the results of your divorce.
For example, a cheap divorce attorney in Houston may not read your settlement agreement carefully and may miss the fact that the agreement does not address all of the issues in your divorce. Oversights like this can lead to future legal conflicts over an unclear settlement agreement. You should always be sure that the lawyer you hire can devote time to your case.
The Larson Law Office specializes in attentiveness to each client’s needs. When you call The Larson Law Office, you will speak to Diana or Erik Larson, both talented family attorneys. Your case will not be handed off to a junior attorney or paralegal. The attorneys at The Larson Law Office will always give your divorce case the time it needs.
Cheap Divorce Lawyers Often Cannot Handle Complicated Cases
Whether it is because of a lack of experience or because their case volume prevents them from spending time on complicated issues, cheap divorce lawyers may not be able to handle more complicated cases. Divorce cases involving children, high-value assets, or detailed and specific divorce settlement agreements are usually complicated.
You want to be sure that your attorney is well-equipped to navigate the complexities of your divorce case. If you hire a cheap divorce lawyer in Houston, Texas, and they mishandle your complicated divorce, you can end up paying even more money for another lawyer to fix their mistakes.
When Not to Hire a Cheap Divorce Lawyer
You should not hire a cheap divorce lawyer if you and your spouse disagree about the terms of your divorce. Disagreements require your attorney to spend time negotiating, mediating, gathering evidence, and possibly preparing for trial. You will want an experienced attorney who has enough time to devote to this process.
Additionally, some cheap divorce lawyers charge a low initial fee but add extra fees when issues arise during a case. Sometimes they will even withdraw from your case altogether when things get complicated, and you will have to pay a new attorney to get up to speed. In any divorce case, things can change unexpectedly as emotions flare between you and your spouse.
If your attorney charges you fees for additional phone calls and communications, the cost of your divorce can increase quickly. It is better to know about and budget for costs up front rather than deal with surprises.
Does Your Divorce Attorney Have Your Best Interests in Mind?
It is important to hire a divorce attorney who will keep your best interests in mind throughout the case. Avoid cheap divorce lawyers in Houston who are only interested in making money by accepting as many clients as possible. These divorce attorneys may not pay enough attention to your case to make appropriate appeals following a hearing or trial.
Your divorce attorney also should not try to drag your case out so they can bill you for more hours. If agreeing to a settlement is in your best interests, your attorney should be willing to work with you to achieve this resolution.
Save Money by Hiring a Quality Houston Divorce Lawyer
When it comes to your divorce, it is important to get it right the first time. Hiring a second lawyer to fix mistakes made by a cheap divorce attorney in Houston can be expensive.
In addition, the costs of losing property or visitation rights in a contested divorce because you did not have competent legal representation can be impossible to calculate. Call The Larson Law Office to talk to family law attorneys with a long list of satisfied clients.
Contact The Larson Law Office with Your Questions
At The Larson Law Office, we are ready to answer any questions you may have about the cost of your divorce. We can advise you about your next steps based on the complexity of your specific divorce proceeding.
Erik and Diana Larson will keep your best interests in mind at all stages of your divorce, from the first conversation until the resolution.
Dissolution of Marriage in Texas
/in Divorce Law /by Erik LarsonThere is a lot to think about when you are considering leaving your spouse, and the process can feel overwhelming.
Here, we will discuss the basics of marriage dissolution in Texas so you can decide if dissolution is right for you.
Dissolution vs. Divorce: What’s the Difference?
The dissolution of a marriage means that the marriage has legally ended. In Texas, dissolution of marriage is no different than divorce. The Texas Family Code uses the terms dissolution and divorce interchangeably. Both a dissolution and a divorce begin when one spouse files a petition with the court. This petition is most commonly called a petition for divorce, but it can also be called a petition for dissolution.
In some states, however, there is a difference between dissolution vs. divorce. Certain states consider a marriage dissolved when a couple reaches a complete agreement on the terms of the dissolution. Once the couple has reached an agreement on division of property, alimony, child custody, etc., they can jointly file a petition for dissolution.
In Texas, when both spouses agree on the terms for ending their marriage, they can file an uncontested divorce. In an uncontested divorce, a couple presents their written divorce agreement to a judge at a hearing. The judge then finalizes the divorce if the agreement is reasonable. Texas courts refer to both uncontested and contested divorce proceedings as marriage dissolution.
How Do You Get a Marriage Dissolution Texas?
The marriage dissolution process in Texas involves several steps.
Talk to Your Spouse
If you and your spouse are on decent terms, you should talk to your spouse about a dissolution before taking any action through the court. Dissolving a marriage is a major change. It may mark the end of a partially happy time for you or your spouse, so this conversation may need to take place over a period of time. If you and your spouse agree on the terms of the dissolution, the rest of the process will be much easier.
Filing a Petition
To formally start a marriage dissolution in Texas, one spouse—the petitioner—must file a petition for divorce and other divorce forms with the court. The court clerk will then assign a hearing date. The petition states the reason the petitioner is seeking dissolution. It also outlines the petitioning spouse’s desired terms for the divorce, including how they want marital property to be divided.
In some cases, the petition for dissolution may state the divorce terms that both spouses agreed upon together. If you and your spouse do not completely agree on the terms of your dissolution, it is a good idea for each of you to hire an experienced divorce attorney. When both sides are represented by an attorney, the dissolution process can be much smoother and less stressful.
Even if you agree on all terms, it is a good idea to have an attorney look over your proposed agreement before you sign it. This can help you protect your interests.
Legal Notice
After filing, the petitioning spouse must give the other spouse—the respondent—legal notice of the dissolution proceeding. This notice must be in writing and is usually handed to the respondent spouse in person, either by the petitioner or by another adult. Legal notice of a dissolution includes a copy of any divorce papers that the petitioning spouse filed with the court.
If the respondent spouse disagrees with any of the dissolution terms in these papers, they can file an answer with the court. The respondent’s answer will state the divorce terms that the respondent wants.
Hearings and Mediation
When the petitioning spouse files for dissolution, the court schedules a hearing. What happens next depends mostly on whether both spouses agree on the dissolution terms. If the original petition for divorce included terms to which both parties agreed, a judge will most likely finalize the dissolution at the original scheduled hearing.
If the spouses disagree over one or more terms, they must engage in mediation. Mediation is a process where a neutral third party tries to help the couple reach an agreement. If each spouse has an attorney, the attorneys participate in the mediation process as well.
If the couple cannot reach a settlement through mediation, the court will schedule a trial. At trial, each spouse presents evidence that supports their position in the disagreement. A judge will determine the terms of the dissolution after both parties present their evidence and arguments.
When Is a Dissolution Final?
In Texas, your marriage dissolution is final when a judge signs the decree of divorce in court. If your spouse contested your dissolution, this may happen at the conclusion of trial. If your spouse did not contest the dissolution, the judge may sign a decree at the hearing that reflects the requests in your petition.
Texas law states that a judge must wait at least 60 days after a petition for divorce has been filed before signing a decree of divorce. This 60-day window is called a cooling-off period. The cooling-off period theoretically gives you and your spouse a chance to resolve your differences before your divorce becomes final. Even if you and your spouse agree on everything, it will take at least two months for your marriage to be legally dissolved.
How Can a Lawyer Help Me Dissolve My Marriage?
An experienced family law attorney can make sure you comply with all court requirements for marriage dissolution in Texas. Your attorney can make sure you give your spouse proper legal notice. In addition, it is particularly important to hire an attorney if your spouse contests the dissolution proceeding. An attorney can help you negotiate the terms of your marriage dissolution with your spouse.
The Larson Law Office can help reduce your stress during your marriage dissolution. By offering personal, responsive client service, The Larson Law Office will make sure that you are in experienced and capable hands throughout your dissolution proceeding. Contact The Larson Law Office today to speak with a family law attorney.
H Texas Magazine Selects Larsons for 2020 Houston Top Family Lawyers List
/in Uncategorized /by Erik LarsonCongratulations to Firm partners Diana Larson and Erik Larson for each having again been named to H Texas Magazine’s annual list of Houston Top Family Lawyers for 2020.
In its July 2020 issue, H Texas Magazine states that it compiles the list of Top Lawyers in Houston based on “nominations from clients and peers as well as rigorous background checks.”
To contact Diana or Erik about retaining them to represent you in your divorce or child custody case, contact them at (713) 221-9088.
Wage Withholding Orders in Texas
/in Divorce Law, Family Court /by Erik LarsonWhat is an Income Withholding Order in Texas?
The order requires the employer of the party obligated to pay to withhold a portion of his paycheck.
The employer is also required to send that money to the person entitled to receive the money. Wage withholding can be involuntary or voluntary and can be done by a wage withholding order or a voluntary writ of withholding.
The withholding order is required to contain for how long the spousal maintenance payments are to be made and the amount of the payment. The combined amount of child support payments and spousal maintenance payments under a wage withholding order can be more than 50% of the responsible party’s “disposable earnings.”
The Texas Family Code defines “disposable earnings” as earnings after legally required deductions, union dues, non-discretionary retirement contributions, the cost of medical treatment, hospitalization and disability insurance for the party responsible to pay and his children.
If the court did not enter a wage withholding order with the divorce decree, the party to receive the payment can apply for a writ of withholding under the Family Code. A writ is filed with the court clerk rather than with the court itself, although the court must receive notice of the filing.
Unchallenged & Challenged Texas Income Withholding Order
If the writ is not challenged, the process will often proceed to completion if it has been accurately drafted and contains all essential elements and both parties have signed the writ.
However, if the writ of withholding is challenged by the party responsible to pay, a hearing must be held by the court on the issue. A writ of withholding may be challenged by a motion to stay or by special exceptions if there is a defect in the writ.
When the employer receives a withholding order or writ, the employer must begin withholding funds beginning on the first paycheck after it has received the order or writ. The employer must continue to withhold funds and remit payment to the party named for the duration of time specified in the order or writ.
An employer who does not withhold funds properly or fails to remit funds to the proper party faces liability for the payment of those funds, fines and payment of attorneys’ fees.
Contact Our Attorneys Today
If you have questions about an income withholding order in Texas, our attorneys are here to help. Contact us today for an initial consultation of your case.
Child Custody Laws in Texas for Unmarried Parents
/in Child Custody Law /by Erik LarsonIf you are unmarried in Texas and seeking child custody, the process can be difficult.
This is because unmarried parents must take extra steps to prove a child’s paternity.
Who Has Legal Custody of a Child When Parents Are Unmarried in Texas?
Laws on child custody in Texas for not married parents dictate that the mother has automatic custody of the child, both legally and physically, unless the father has legally established his paternity. Even if the father’s name is on the child’s birth certificate, they have very limited rights over the child.
Unmarried Mothers’ Rights in Texas
In certain situations, an unmarried mother may have more rights than a married mother under child custody laws in Texas for unmarried parents. If the father’s paternity is not legally established, the mother can decide if and when their child visits the father.
Unmarried mothers also have the right to make all decisions for the child. They may even move to another state with their child without notifying the father.
However, if the father has not received legal recognition, then the mother cannot collect child support from him.
Unmarried Fathers’ Rights in Texas
Unmarried fathers’ rights in Texas depend on whether they have received legal recognition as the child’s father. If they have, then their rights are the same as those of a married father. If not, their parental rights will not be recognized.
To have any rights over their child, an unmarried father must first legally establish his paternity. This requires more than having his name on the birth certificate. A person can establish paternity either through an acknowledgment of paternity or a paternity suit.
Child custody laws in Texas for unmarried couples require that an acknowledgment of paternity form:
If there is a presumed father of the child, they must sign a denial of paternity. This might happen in cases where the mother’s husband is not the biological father.
If either parent refuses to sign the acknowledgment of paternity, then the other parent can establish paternity by filing a paternity suit. If the parties dispute paternity, the court may order genetic testing to resolve the dispute.
Statute of Limitations
If there is a presumed father, then anyone seeking to challenge his paternity must do so within four years of the child’s birth unless:
If there is no presumed father, then there is no time limit on when an unmarried father can file a paternity suit in Texas. In fact, they can seek to establish paternity even if the child is an adult.
Conservatorship for Unmarried Parents
Once a father establishes paternity, he may seek conservatorship of the child on the same terms as any married father. A court may name him a joint managing conservator, the sole managing conservator, or a possessory conservator.
Joint managing conservatorship is when both parents have equal legal authority over decisions regarding the child. This includes decisions regarding education, activities, religious teachings, and medical treatment.
Sole managing conservatorship is when one parent has exclusive custody of the child, including complete legal authority. Under this type of conservatorship, the other parent usually has possessory conservatorship, which means they have visitation rights but no authority to make decisions regarding the child. In some cases, supervised possession may be necessary to protect the child.
Contact an Experienced Child Custody Attorney in Texas
If you have any questions about child custody laws in Texas for unmarried parents or are in the middle of a custody dispute, contact the Larson Law Office today. We understand that all parents want what is best for their child and how important it is to set them up for success. For a free consultation, please give us a call at 713-221-9088.
Annulment in Texas | Next Steps
/in Divorce Law /by Erik LarsonThere are only a few circumstances in which a couple can annul a marriage in Texas.
However, an annulment might be your best option depending on the details surrounding your marriage.
Overview of an Annulment
Unlike a divorce, an annulment is a legal ruling that a marriage was never valid. However, Texas law requires a spouse to show grounds for filing an annulment. Grounds for an annulment in Texas include:
If you can prove any of these grounds, you may be eligible for an annulment in Texas.
How to Get an Annulment in Texas
There are several steps you and your lawyer must take to file for an annulment in Texas. Before you file, either you or your spouse must have lived in Texas for at least six consecutive months.
First, you must petition the court for an annulment. You need to file your petition in the county where you or your spouse resides. The petition must name you and your spouse, list your children, and state when you stopped living together. You must also list any property that needs dividing.
Next, you need to notify your spouse of the filed annulment. To do this, you can ask a sheriff or process server to serve your spouse with a court summons. Make sure to do this as soon as possible after filing for your annulment. If you don’t know where your spouse is, your attorney will ask the court for the option to post a notice in the newspaper.
Finally, you need to go to court and present your argument for annulment. Usually, this is only presented in front of a judge, but it can be presented in front of a jury in uncommon cases. If you win your case, the court will ask you to complete a decree of annulment and give it to the judge.
How Long Do You Have to Annul a Marriage?
In most cases, you may file for an annulment in Texas as long as both spouses are alive. However, if any of the following apply to you, there is a statute of limitations:
In addition, you cannot file for a marriage annulment in Texas if you continued to live with your spouse after discovering their offensive conduct.
What Happens When I Get an Annulment in Texas?
When a judge signs your decree of annulment in Texas, your marriage is declared void. This means that you can legally say that you were never married. However, the judge usually decides issues regarding child custody, visitation, alimony, and property division during the annulment process in court.
What Is the Cost?
The cost of a marriage annulment in Texas ranges from the hundreds of dollars to thousands of dollars depending on the circumstances. For example, if your spouse tries to fight your annulment, you might need to hire a lawyer to represent you in court.
Contact an Experienced Texas Family Law Attorney Today
Filing for a marriage annulment in Texas is a complex process that often makes it difficult for troubled spouses to get the outcome they deserve. At Larson Law Office, our Texas family law attorneys know the ins and outs of annulment in Texas and will help you every step of the way. To set up a free consultation, give us a call at 713-221-9088.
Navigating Child Custody Laws in Texas
/in Child Custody Law /by Erik LarsonAn Overview of Texas Child Custody Laws
Unfortunately, even when parents try their best to insulate their children from the conflict, the divorce process can create tremendous turmoil and parents need to take special care to ensure that the divorce process does not negatively affect the children.
At the Larson Law Office, we understand that it’s best to solve custody disputes as soon as possible for the sake of your children.
Our family law attorneys know how to navigate Texas custody laws and are committed to helping you reach a quick, successful resolution.
Different Types of Child Custody
One of the most important steps in developing a parenting plan is setting up a custody arrangement with the opposing party. In Texas, there are two custody agreement options: joint conservatorship and sole conservatorship.
Joint Conservatorship
Child custody laws in Texas define joint custody—known in Texas as joint conservatorship—as an arrangement where both parents share in all decision-making regarding their child’s upbringing. This includes education, medical treatment, and more.
Physical possession of the child is only one part conservatorship. A custody order will grant one parent the right to determine the primary residence of the child. Unless the parties agree to a possession schedule, the court will also determine how much access the non-primary parent will have. This will often be either the standard or extended standard schedules outlined by the Texas Family Code. Custom schedules are also possible, particularly where the parties agree. And even with one parent designated as the primary residential parent, it is possible to have a 50/50 split, such as a week-on-week-off schedule.
Sole Conservatorship
Sole custody—known as sole managing conservatorship—usually comes into play when the behavior of one parent is detrimental to the well-being of the child in some way. This includes abuse, neglect, or drug and alcohol addiction. If the court finds that these circumstances exist, these situations can result in the non-offending party being awarded sole managing conservatorship. This means they have exclusive control over decisions regarding the child.
A party who is not named as a managing conservator will generally be named as a possessory conservator, meaning that they have rights to visitation. However, it is possible that the court will grant them only supervised visitation or restrict them from visiting at all.
How to File for Child Custody in Texas
Before you file, child custody laws in Texas require you to prove that your child’s home state is Texas. This means that your child must have lived at least six consecutive months in Texas with a parent or legal guardian before filing.
If your child meets the criteria, you should begin filling out the necessary paperwork with an experienced Texas family law attorney.
1. Fill Out Paperwork
The paperwork you fill out for child custody depends on your marital situation. You will either file a suit affecting the parent–child relationship (SAPCR) or file for a divorce. In cases where you and your spouse have children under 18, the divorce includes a SAPCR.
If you believe that the other parent will do something damaging or dangerous as retaliation, you can file for a temporary restraining order.
For divorce cases with children under 18 years old, you must complete the following forms:
If you are unable to pay court fees, you may also need to fill out a Statement of Inability to Afford Court Costs. Once you fill out these forms, you must file them with the district court in the county where your child resides.
2. Notify the Attorney General’s Office If Required
If your child has ever received benefits related to Medicaid, food stamps, or Temporary Assistance for Needy Families (TANF), you must submit a copy of your petition to the attorney general’s office by email, mail, or fax.
If this does not apply to you, skip to step three.
3. Inform the Respondent
The other parent (respondent) must be informed about the petition. You can either do this by serving them court papers or asking them to fill out a form in person. Keep in mind that hiring someone to serve court papers usually costs money.
4. Wait for the Respondent to File
At this point, you do not need to do anything else. Wait to see if the opposing party files a response. Once they do, your next step is to attend a hearing or mediation to work out the details of the custody agreement.
5. Attend Mediation or a Court Hearing
Child custody laws in Texas allow parents to create their own custody agreement through mediation if they don’t want a judge to decide for them. If you have trouble coming up with an agreement in mediation, you can take the dispute to court. However, an experienced Texas family law attorney can help you avoid going to court and solve your custody dispute during mediation.
Need Help Navigating Child Custody Laws in Texas? Contact an Experienced Family Law Attorney
Most parents just want what is best for their child. If you are considering filing for child custody or are in the middle of a custody dispute, you need an experienced family law attorney in Texas who will aggressively fight for your children.
At the Larson Law Office, we have years of experience with child custody cases throughout the state of Texas. We offer personalized service so that you don’t have to go through this alone. To schedule a free consultation, give us a call at 713-221-9088.