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Houston Family Law Attorney
Family law often involves serious and sensitive matters, and navigating the complex legal processes can feel overwhelming.
A skilled family law attorney in Houston can provide much-needed clarity and guidance for those feeling emotionally drained by their legal challenges. At The Clark Law Firm, P.C., our experienced family law attorneys are here to support you through difficult cases.
You don’t have to face complicated family law issues, such as child custody, child support, divorce, spousal support, and property division, alone. Let us help you find the resolution you deserve.
Contact a qualified family law attorney by calling 713-236-0000 or filling out our online form.
Family Law Attorneys Helping You Protect What Matters Most
Nothing is more personal than family law. Whether you are protecting your children, your parental rights, or your personal reputation, you cannot afford to settle for less than a proven family law attorney.
In Houston and surrounding areas of Texas, you can turn to The Clark Law Firm, P.C., – Attorney at Law for the compassionate counsel and tenacious representation you need to protect what matters most.
Our family law lawyers in Houston offer a comprehensive range of family law services, including:
- Divorce
- Asset Division
- Child Custody
- Custody Modification
- Child Support
- Paternity
- Parent-Child Relationship
- Enforcements
- Spousal Support
- Protective Orders
Divorce Guidance
The divorce process can be complicated and emotionally taxing. Having our experienced representation can take the guesswork out of it, allowing you to focus your energy and attention where they are needed most.
Divorces are complex in nature and can be categorized as uncontested (spouses can reach an amicable decision) and contested (spouses cannot come to a decision).
With 30 years of experience in divorce law, our family law lawyers in Houston are highly skilled in handling high-asset and high-conflict cases. We also assist with enforcing legal separations and drafting both pre-nuptial and post-nuptial agreements to protect your interests.
A Breakdown of the Divorce Process
In Houston, divorce is one of the most common family law issues. The divorce process can be emotionally debilitating and highly stressful, requiring an experienced legal representative who can help clients understand their legal rights and the required administrative processes.
A family law attorney can provide critical insight into the divorce process, helping reduce some of the emotional load of the divorce.
No-Fault Divorce Versus Fault-Based Divorce
Divorce can be filed in two distinct ways in the state: no-fault divorce or fault-based divorce. Divorcing spouses may opt to file a no-fault divorce, which tends to be more straightforward and less time-consuming than a fault-based divorce.
In a no-fault divorce, there is no requirement to show that another party is at fault for the breakdown of a marriage. Both spouses can cite the reason for marriage termination as “insupportability.”
This means that the marriage can no longer continue as a result of conflict or dissonance in personality that is unresolvable.
A fault-based divorce, on the other hand, is filed by one party. Filing for a fault-based divorce is required to prove that the action or behavior exhibited by the other spouse ultimately led to the breakdown of the marriage. In Texas, there are specific grounds for a fault-based divorce, including abandonment, cruelty, conviction of a felony, adultery, and living apart for a certain period of time.
Getting a Divorce in Houston
In Houston, the complexity and length of the divorce process are dependent on various factors, including the skill of the legal representation, the capability of both spouses to cooperate, whether there are children or complex assets involved, and the length of the marriage. While each case is different, the divorce process in Houston generally involves the following steps:
- Petition filing and serving. After the petitioner submits a divorce petition to the state courts, the divorce process officially starts. A divorce petition states the grounds of the divorce, in addition to any requests related to issues, such as spousal support and child custody. The spouse receiving the petition, otherwise known as the respondent, needs to be formally notified of the divorce by being served with the petition.
- Responding to the petition. After the respondent is served the divorce petition, they’ll have the opportunity to file a petition response. In their response, they can decide to agree or dispute the divorce terms laid out in the divorce petition.
- Establishing temporary orders. Temporary orders, such as those providing guidelines for spousal support or child custody arrangements, may be issued during divorce proceedings. These temporary orders can be lifted upon finalization of the divorce.
- Mediating or negotiating disputes. If difficulties arise with finding fair and just divorce arrangements, divorcing spouses may be able to conclude their problems through mediation or negotiation. Successful negotiation or mediation in a divorce can help couples completely avoid going to trial. A seasoned family law attorney can help couples resolve their issues outside of court, avoiding costly court battles and preserving existing relationships.
- Final divorce decree. If the parties are able to agree on the terms of their divorce, the court will issue a final divorce decree. In the case that they cannot agree and they have to go to trial, a judge will make the divorce decisions. The decree indicates that a divorce has been officially finalized.
Whether you are concerned about finances and conditions your ex-spouse is asking for in a divorce, or if you are determined to solve your divorce quickly and amicably, a considerate family law lawyer in Houston, TX, from our firm can help you reach your goals. We can provide you with the support you need to resolve your divorce, empowering you to move forward.
Resolving Property Division Disputes
Texas is a community property state, which means that all property acquired during the time of the marriage that was shared between both spouses is considered to be owned jointly by each party.
According to state law, community property needs to be divided equitably for each spouse during the divorce process.
Equitably does not, however, mean dividing community property assets in half.
When deciding on the property division arrangements, state courts will take into account various considerations, such as the needs of each party following the divorce, the length, the non-financial and financial contributions each spouse gave during the marriage, and whether there was a fault that led to the marriage breakdown. Separate property, or sole property, is not subject to division in a divorce.
A family law attorney in Houston from our firm can work closely with you, analyze the dynamics of your marriage and all existing assets, and understand your case goals to advocate for a just property division arrangement.
Safeguarding Your Children Throughout and After Divorce
- Paternity: We assist parents with all aspects of paternity cases, from establishing paternity and conducting DNA testing to addressing paternity fraud.
- Child Support: Our family law attorneys work with both parents to arrange child support that serves the best interests of the child. We also handle modifications to support orders, back child support collections, college expenses, and enforcement of existing orders.
- Child Custody: In Texas, child custody cases are divided into two key areas: conservatorship (determining whether one or both parents will make decisions for the child) and possession and access (deciding how much time each parent spends with the child).
- Adoptions: We guide both birth and adoptive parents through the adoption process, including agency, stepparent, grandparent, and surrogate adoptions. Our adoption attorneys ensure a smooth process without delays or unnecessary costs.
Protecting the safety and well-being of your children is our top priority. You can rely on us to assert your parental rights and ensure your children have the resources they need to thrive.
Protective Orders
Our family law attorneys work closely with clients to enforce or dismiss protective orders, commonly known as restraining orders. We help clients choose the most appropriate protective order for their situation, including:
- Emergency protective orders
- Temporary restraining orders
- Permanent restraining orders
Additionally, our firm supports clients, their caseworkers, and supervisors throughout all stages of child protective services (CPS) investigations and cases. You can count on us to ensure you understand your options, guide you through the process, and minimize court costs wherever possible.
Understanding Child Support and Custody
In any divorce or separation in the state, issues involving child custody and support can be the most sensitive and difficult to handle.
This is because parents want what is best for their children and will proceed with any legal means required to fight for them.
Opinions regarding optimal arrangements for children can be drastically different between two parents, leading to disagreements that can escalate to court battles.
When determining custody arrangements and child support amounts, state courts will consider, first and foremost, the best interests of the child.
Child custody arrangements have a significant impact on child support arrangements, therefore necessitating experienced legal representatives who have a deep understanding of various family law matters and how they intersect.
Joint Managing Conservatorship Versus Sole Managing Conservatorship
In Texas, courts typically grant joint managing conservatorship, commonly referred to as joint custody, to divorcing couples. Under this arrangement, both parents have an equal role in making important decisions affecting the child’s life, such as those related to health, education, and overall welfare.
The court generally favors this approach, as the involvement of both parents is seen as beneficial for the child’s well-being.
However, in certain situations, it may be in the child’s best interests for the court to grant sole managing conservatorship, or sole custody. In these cases, one parent is given full authority to make decisions regarding the child’s welfare. Sole custody is usually awarded when the other parent is deemed unfit due to issues such as abuse, neglect, or substance abuse, which could jeopardize the child’s safety and development.
When determining the best custody arrangement, Texas courts consider several factors, including the stability each parent can offer, the child’s physical and emotional needs, and the strength of the parent-child relationship.
A Houston family law attorney from our firm can guide you through this process, advocating for an outcome that aligns with your child’s best interests.
Visitation and Parenting Rights
Even in joint managing conservatorship arrangements, typically, one parent is identified as the custodial parent, meaning that the child will primarily reside with them. However, in such cases, the noncustodial parent will typically be granted visitation rights, which are known in Texas as possession and access.
The standard visitation schedule that courts typically issue is known as a standard possession order.
This standard order gives the noncustodial parent the right to visit each first, third, and fifth weekend per month, in addition to Thursday evenings throughout the school year. During summer, visitation time is typically extended, and holidays are generally shared equally between each parent.
If two parents decide that this standard visitation schedule does not fit the needs of their family, they can work together to agree on an alternative visitation schedule.
However, this will first need to be approved by the Texas court so that they can determine whether the agreement is in the best interests of the child.
Our family law attorney understands the importance of being a strong presence and influence in your child’s life. Therefore, we can work closely with you to advocate for a custody arrangement and a visitation schedule that allows your child to benefit from positive parental presence.
Child Support in Houston and Surrounding Areas
In Texas, the noncustodial parent is typically required to pay child support, which is a financial contribution required to ensure the child has the coverage they need to support their well-being.
To calculate child support amounts, Texas courts will utilize statutory guidelines, with influencing factors being the net income of the custodial parent and the number of children involved.
While formulas for calculating child support are generally straightforward, various disputes can arise related to calculating these amounts.
For example, if the custodial parent is attempting to hide a portion of their income or assets, this may not show up in the final calculated amount. Furthermore, both parents may disagree on the deducted expenses that make up the net income, or net income may be difficult to determine if the parent is self-employed.
On top of paying child support, the noncustodial parent in Texas is typically required to provide health insurance coverage for their child.
However, disputes can arise related to the level of coverage needed for the child and whether both or one parent should pay for additional medical expenses, such as deductibles, copays, and other out-of-pocket medical expenses.
Although seemingly straightforward on the surface, child support cases can quickly become complex.
A skilled Houston family law attorney from The Clark Law Firm, P.C., can help you advocate for a final child support arrangement that covers the needs of your child and ensures each parent contributes their fair share.
Spousal support, which is also known as alimony, is only given out in some divorces. Spousal support can be awarded if one spouse is in need of financial support upon divorce as a result of a serious disparity in income or the need for time to support themselves financially.
When determining if and how much alimony should be awarded, state courts will take into account various considerations, such as the ability of each spouse to generate income, the length of the marriage, the financial resources available to each spouse, and whether there was any fault that led to the dissolution of the marriage.
The family law lawyers in Houston at The Clark Law Firm, P.C., understand the significant and sensitive nature of disputes related to alimony. Whether you have anxiety about your financial situation in the wake of your divorce or believe that you are being ordered to pay an unfair amount of alimony, a lawyer from our firm can help protect your rights and interests.
Contact Houston Family Law Attorneys at The Clark Law Firm, P.C. for Assistance with Your Family Law Concerns
Whether you are dealing with a high-asset divorce or are concerned about irregular child support payments, our loyal and experienced team of family law lawyers in Houston is here to provide you with effective legal representation.
A family law attorney from The Clark Law Firm, P.C., can work closely with you to actively address your questions and concerns, understand the dynamics of your case, and construct an actionable legal strategy for you and your family.
Now is the time to make sure your family law needs are in the hands of an experienced lawyer. Call 713-236-0000 to schedule your consultation.
Family Law Frequently Asked Questions
The Clark Law Firm, P.C., family law lawyers in Houston frequently address various questions from clients regarding family law matters. Here are some of the most commonly asked questions:
What is family law, and what areas does it cover?
Family law encompasses legal issues related to familial relationships, including divorce, child custody, child support, adoption, and guardianship. It addresses matters such as marriage dissolution, parental rights, and the welfare of children.
How does the divorce process work in Texas?
In Texas, either spouse may file for divorce, provided they have resided in the state for at least six months prior to filing. Once the divorce petition is filed and served to the other spouse, there’s a 60-day waiting period before the divorce can be finalized. During this time, the couple must resolve issues such as property division, child custody, and support.
How is child custody determined in Texas?
Child custody, known legally as conservatorship in Texas, is determined based on the best interests of the child. The court considers various factors to ensure the child’s physical and emotional needs are met, including the child’s own wishes (depending on their age and maturity level), any history of family violence or substance abuse, and the stability of each parent’s home environment.
What factors influence child support calculations?
Child support in Texas is typically calculated as a percentage of the noncustodial parent’s income, taking into account the number of children. The court may also consider the child’s needs, the parent’s financial resources, and any special circumstances.
Can custody or support orders be modified after they are established?
Yes, custody and support orders can be modified if there is a material and substantial change in circumstances affecting the child or a parent’s situation. A court review is necessary to approve any modifications.
What is the role of mediation in family law disputes?
Mediation is a form of alternative dispute resolution that emphasizes collaborative problem-solving. It is voluntary, flexible, and non-binding, and may be a good option for your case if you and your counterpart are willing to work together to find a solution. Understanding these aspects of family law can help you navigate the legal process more effectively. For personalized assistance, consider consulting with a qualified family law attorney in Houston.
Visit Our Houston Family Law Office
The Clark Law Firm, P.C. – Attorney at Law
9225 Katy Fwy #250, Houston, TX 77024, United States
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