Austin Family Lawyers

Child Custody

Child custody is the legal and practical arrangement determined either by the court or through the parents' agreement (which is then approved by the court) regarding the care and upbringing of a child under 18 years of age following a divorce. Both physical custody (where and with whom the child lives) and legal custody (decision-making authority over the child's upbringing, including education, health care, and religion) are important pillars of child custody agreements. Child custody determinations can be joint (both parents have some responsibility) or sole (one parent has full responsibility) for legal and physical forms of custody.

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Child Support

Child support is used to make sure that both parents contribute financially to their child's upbringing and welfare after a divorce. Child support payments are typically made by the noncustodial parent to the custodial parent, who has primary physical custody of the child, to cover daily living expenses and other needs of the child. The amount of child support is calculated based on a percentage of the noncustodial parent's income, considering the number of children requiring support, as well as several other factors. We can help you determine a fair amount of child support that keeps you financially stable as the payer or payee while also upholding your child’s best interests.

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Spousal Maintenance

Spousal maintenance arranges for one spouse to provide financial support to the other after divorce, particularly in cases where there is a significant disparity in earning capacities between the spouses. Texas law sets specific eligibility criteria for spousal maintenance, including the duration of the marriage. Furthermore, spousal maintenance in Texas is generally seen as rehabilitative, intended to support the receiving spouse until they can become self-sufficient, with legal limits placed on both the amount and duration of the payments to encourage this transition.

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Common Law Marriage

Common law marriage is a legally recognized union without a formal ceremony or marriage license, based on the couple's agreement to be married, cohabitation in Texas, and representation to others that they are married. This unique legal recognition allows couples who meet certain criteria to enjoy the rights and obligations of a legally married couple, including property division and support obligations upon separation. We can help you and your spouse through common law understand how common law marriage could affect your relationship through a legal lens, as well as how to assert your rights within a common law marriage if you ever divorce.

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Modifications

In Texas, you may seek to modify a family law or divorce order for various reasons, primarily due to significant changes in circumstances since the original order was established. For example, a substantial decrease in your income might necessitate a change in child support payments or spousal maintenance. The court usually resists changing any of its past orders, though, so you will need to be convincing about why your modification is truly necessary. Also, your ex-spouse or the opposing party will have a chance to contest your modification request if they want. You should only start the modification process with our attorneys’ representation.

Learn more about how we can help modify family law orders

Property Division

In Texas, property division during a divorce follows the community property principle, meaning that all assets and debts acquired by either spouse during the marriage are considered jointly owned and are subject to division upon divorce. Texas also uses equitable property rules, which state that community property should be divided fairly but not necessarily equally. The outcome of property division can be influenced by any agreements made between the spouses outside of court and other financial considerations that come up during divorce. If you want to protect a specific piece or type of property in your divorce, you should start by talking with an attorney who understands Texas property division rules thoroughly.

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Complex & High-Asset Divorce

Complex and high-asset divorces involve the division of substantial marital estates and can include a range of intricate financial assets such as businesses, stocks, real estate portfolios, international assets, and retirement accounts, among others. The complexity not only stems from the valuation and division of these assets but also from negotiations regarding spousal maintenance, child support, and custody arrangements, which can be significantly affected by the financial standing of the parties involved. Given these complexities and how things can go wrong if matters aren’t handled correctly, we highly encourage you to talk with our legal team if you think your divorce will be complex and/or involve high-value assets.

Learn more about how we can help with high net-worth divorce

Domestic Violence & Abuse

In Texas, people who have been harmed through domestic violence can use several methods to seek protection, including protective orders, temporary restraining orders, and emergency restraining orders. We know the urgency of domestic violence and abuse cases, so we are always standing ready to jump into action if you need our help when filing or arguing for a protection order. You can also call our firm if you need help defending yourself from a protection order that you think is unjustified.

Learn more about how we can help victims of domestic violence

Do You Need a Lawyer for Family Court in Texas?

While it is not required to have a lawyer to represent you in family court in Texas, it is highly recommended to seek the assistance of an experienced family lawyer, here's why:

Navigate the Complex Legal Process

Family court cases can be legally complex, involving various laws and regulations that may be unfamiliar to individuals without legal training. A family law attorney in Austin who specializes in Texas family law can navigate the intricacies of the legal process on your behalf. They will ensure that your rights are protected, and that you understand the legal implications and potential outcomes of your case.

Offer Objective Advice and Advocacy

Family law matters often involve high emotions and sensitive issues, such as divorce, child custody, or spousal support. A family lawyer can provide objective advice and guidance, helping you make informed decisions based on the law and your best interests. They will advocate for you in negotiations, settlement discussions, or court proceedings, ensuring that your voice is heard and your rights are advocated for.

Stay On Top of Paperwork and Legal Procedures

Texas family court cases involve extensive paperwork and adherence to strict deadlines and legal procedures. Failing to submit the required documents correctly and on time can have serious consequences for your case. An Austin family law attorney will handle all the necessary paperwork, ensuring that it is properly completed, filed, and served to the other party or their attorney. This minimizes the risk of procedural errors that could negatively impact your case.

Professional Negotiation and Settlement

 In family court, many cases are resolved through negotiation and settlement discussions. A skilled family lawyer from Cofer & Connelly, PLLC will have experience in negotiating fair and favorable agreements on your behalf. They will work to protect your rights and advocate for your interests, whether it involves property division, child custody arrangements, or support matters.

Effective Courtroom Representation

 If your case proceeds to court, having an experienced family law attorney by your side is crucial. They will present your case effectively, present evidence, question witnesses, and make persuasive arguments on your behalf. Their courtroom experience and knowledge of Texas family law can significantly impact the outcome of your case.

While it is possible to represent yourself in family court, the risks and potential consequences make it advisable to seek the guidance of a qualified lawyer. Cofer & Connelly, PLLC can provide you with the legal expertise, guidance, and representation you need during family court proceedings. We strive to achieve the best possible outcome for your case while ensuring your rights and interests are protected every step of the way.

Begin discussing your case with an Austin family lawyer at Cofer & Connelly, PLLC now by contacting us online or calling our firm at (512) 991-0576.