At the Law Office of Brian S. Laviage, we want to make sure that all of your family law needs are met with professionalism. We are constantly evolving to take on the ever changing landscape of family law and ensure we get the most positive outcome possible for our clients.
While marriage is an exciting time for couples, individual situations differ and thus we must turn to the law and legal professionals to sort out the details before taking vows. Here at the Law Office of Brian S. Laviage, we assist in making the law work for you in regards to prenuptial agreements, common law marriage, same sex unions, and the merging of taxes.
One is a good candidate for a prenuptial agreement if a couple greatly varies in both money and assets. In a community property state like Texas, a prenuptial agreement protects individual’s life-long work and eases any unnecessary tension.
A bit of history; the Uniform Premarital Agreement Act (UPAA) was adopted in 2009 and is valid in Texas and all fifty states. The UPAA promotes prenuptial agreements and encourages couples to consult a lawyer regarding drafting the prenuptial agreement.
At the Law office of Brian S. Laviage, we are experienced in adoption and will pledge to work closely with adoption agencies to stay up to date on the laws and services provided to adoptive families, non parent adoptions, biological parents and extended family adoption.
It is troubling, yet, very real that domestic violence exists and happens to families. At the Law Office of Brian S. Laviage we want to make sure you, our clients, can feel safe and not fear leaving home on a daily basis. That is why our expertise at the Family Law Center ensures that restraining orders are provided in a timely manner. We are adamant about keeping up with the current federal and state laws. We will fight to eliminate any physical or mental pain brought on by this serious crime against families.
Am I Married? What an odd question; or is it?
Texas is one of the few states that recognizes common law marriage. If you have been living with a person of the opposite sex, conducting yourself as a married couple, and make a verbal agreement to be married, we can help you understand how to most easily dissolve that union. The good news is that a divorce in the confines of a Texas common law marriage is no more complicated than a divorce from a traditional marriage. Unfortunately, when terminating a common law marriage, divorce proceedings are necessary. This is also true in the instance where papers have been signed declaring the "informal marriage."
Whether a divorce occurs in a traditional marriage or a common law marriage, termination of any relationship will be difficult, stressful, and a commitment. Whether it be separation, annulment, divorce, as a result of abuse, infidelity, or the like we will help you find closure in your relationship and assist you in getting started anew.
Feel secure and confident in the fact that we live and breathe Texas divorce law and have made it our business to work closely with the courts to make sure that the resolution of our clients' cases are fair and timely.
To be eligible for a divorce in Texas, one must establish residency. Residency is established when you or your spouse live in the state of Texas for six months and reside in the county you wish to file in for 90 days immediately prior to the filing the divorce action.
Reason for Divorce
The only reason or "grounds" one must assert and then prove currently is "insupportability" or what is commonly called incompatibility. Most refer to this type of divorce as a "no-fault" divorce. This type of dissolution can be obtained if either spouse wants it, even if the other spouse does not. Before the “no-fault” divorce came about one could only obtain a divorce under the grounds of cruelty, abandonment, and adultery. Although still on the books, they are seldom, if ever used.
Who Should File?
It was once an important advantage to be the party to file, but in most cases it no longer makes any difference.
Do You Need a Lawyer?
While one can purchase a “do-it-yourself” divorce kit or handwrite a petition, it is still important to consult an attorney to ensure that vital details are not overlooked even in a situation where children and property are not involved. In cases where children are concerned, hiring an attorney is extremely essential. When children are involved, and the divorce becomes a disputed matter, an attorney will be appointed by the court to represent the best interests of children. In instances where assets such as a house, stocks and bonds, or other assets, an attorney can best organize these items for dissolution. More importantly, if liabilities exist in a marriage such as bank loans or outstanding debts, an attorney can help to eliminate or shift these owed sums. Simply put, if property division or custody is contested, obtain a knowledgeable family attorney.
Notification of the Non-filing Spouse
As in all suits, each party must be legally notified. There are two common ways:
Formal service by a sheriff's deputy on the other spouse in person.
Waiver of Citation
Informal service by you or your attorney to your spouse. Your spouse signs the waiver before a notary, acknowledging receipt of a copy of the petition. There is no added fee for this service.
Length of Time
The petition must be on file at least 60 days before the final hearing can be held. There are no exceptions.
The filing spouse MUST appear at this hearing before the judge. The date of the hearing must be arranged by your attorney or by you if you are representing yourself. One should bring the Decree of Divorce with you for the judge to sign if the hearing will be uncontested.
We work with families to make sure that children are not caught in the middle. We want expedient and just results in the areas of child custody and visitation. We will fight to ensure that child support will be paid and use the law in your favor. Join the winning team! The Law Office of Brian S. Laviage offers free consultations with one of our attorneys. Contact our office today at 832-259-9095 or email info-at-laviagelaw.com.
Not certified by the board of legal specialization.