As family relationships grow and develop, conflicts can arise. Family law provides guidelines and offers legal alternatives to remedy the issues family members often face.
At Nacol, Wortham & Associates, P.C., our lawyers address the concerns of clients throughout Texas in a wide scope of family law matters that include:
“He (Mark Nacol) is the hardest-working attorney I’ve ever met. We were in a very difficult custody battle and knew he would treat it as if it were his own fight. … Through it all, he maintained the utmost of integrity.”
— Nan White / Frisco, TXMore common than any other domestic issue, divorce touches the lives of an increasing number of families in the U.S. every year.
Many legal approaches exist for divorce, and whenever possible, our firm and the Texas family courts favor out-of-court settlements. If relatively few issues are contested, workable alternatives to litigation include:
Courtroom litigation generally is far more expensive and time consuming than other alternatives and involves conducting discovery, interviewing witnesses and formally preparing and presenting the case at trial. Litigation should be reserved for contested divorces in which trial is the only viable avenue to resolve intensely disputed issues and protect the client’s interests.
Divorce is granted when all issues involving children, property and support have been agreed upon outside of court or ruled on as a result of litigation. At Nacol, Wortham & Associates, our lawyers represent clients in all approaches to divorce, tailoring our legal counsel to the method most appropriate for their needs.
The best interests of the children take priority in child custody matters. In most cases, Texas courts favor joint managing conservatorships, in which both parents share parenting rights and responsibilities. When the court rules on a joint managing conservatorship, one parent retains physical custody, meaning the children reside primarily with that parent, and the other parent is granted frequent, established times of possession. A sole managing conservatorship is another custody option in which one parent is granted most, if not all, rights for parenting decisions.
Typically, when one parent has primary custody of the child or children, the other parent must provide child support. Texas courts follow child support guidelines under the Texas Family Code in determining child support payments. Many factors are taken into consideration, and calculating child support often is complex. However, rough guidelines dictate the following payment percentages based on the number of children being supported:
Child support may be subject to modification when circumstances change after the divorce.
In Texas, spousal support is granted under limited circumstances. Factors supporting an order of spousal support (when marriage has lasted 10 years or more) include a lack of earning ability, physical or mental incapacity or custodianship of a child that prevents employment. Domestic violence offenses are another consideration under which the court may grant spousal support.
As a community-property state, Texas requires property be identified as separate or marital before property division may be determined. Property division is based on “fair and equitable” guidelines as opposed to being equally divided between two spouses.
By addressing ownership of assets and property, premarital and post-marital agreements assist couples in establishing their preferences for rights of possession as opposed to being subject to community-property laws. Marital agreements can be used for minimizing taxes, establishing guidelines on prior assets and debts, avoiding probate if a spouse dies or providing benefits for children from a previous marriage. Should the couple ever divorce, a pre- or post-marital agreement often lessens significantly the complexity of property division.
Moves, paternity suits, career changes, new employment, unforeseen expenses and re-marriage are just some of the changes that occur after divorce. Such changes make modifications in spousal support and child support, custody, possession and/or visitation necessary. A lawyer can assist you by ensuring that the terms and conditions of final judgments are modified and enforced through the courts.
In most cases, paternity can be effectively determined by DNA testing. Disputes regarding child custody or child support sometimes revolve around establishing parentage.
In certain states, laws have changed regarding same-sex unions or marriage. Whereas California and Massachusetts have passed laws that recognize same-sex marriages, other states have not. However, a number of states recognize same-sex unions. In 2005, voters approved a ban on same-sex marriage in Texas, making Texas the 19th state to do so.
Because the fast-paced business landscape in the U.S. has resulted in a highly mobile society, legal questions arise such as when a same-sex couple relocates to Texas, what legal rights do they have? If they are dissolving their relationship, do the same laws apply to them regarding property division, spousal support and child custody as apply to heterosexual marriages? Our lawyers are well versed in the evolving laws regarding domestic partnerships and marriages and help clients navigate the legal complexities of same-sex relationships.
Nacol, Wortham & Associates, P.C., has more than three decades of experience assisting families in high-profile and complex divorces as well as dissolving marriages in uncontested, easily resolved cases. Rely on our expertise to provide legal solutions for your issues involving family law.
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Metro: 972-690-3333
Toll Free: 866-352-5240
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Nacol, Wortham & Associates
990 South Sherman Street
Richardson, Texas 75081
Metro: 972-690-3333
Toll Free: 866-352-5240
Fax: 972-690-9901