Family Law Attorney in Conroe, Texas
At the Hernandez Law Firm, our experienced family lawyer in Conroe, Texas believes our city’s nearly 85,000 residents should have the same access to skilled and compassionate legal representation as those who live in larger cities — without having to travel great lengths to get the help they need.
We understand that when our residents experience shifts in their personal and family lives, including pursuing a separation agreement, divorce, child custody, or financial support matters, your entire home is affected by the changes.
Our lead Montgomery County family law attorney, and law firm founder, Jordan Hernandez, is committed to protecting our clients’ rights while pursuing the legal solutions that will allow them to understand their options to move forward with confidence.
Hernandez Law Firm Family Law Attorney In Conroe, Texas Practice Areas
Pursuing legal solutions for marital issues can cause significant stress in our client’s lives, which is why we focus on providing unique solutions by building customized legal strategies for each of our client’s personal needs.
Our family law attorney in Conroe, Texas provides complete legal solutions, inside and outside the courtroom, for clients seeking:
- Separation Agreements
- Property Division
- Alimony / Spousal Support
- Child Custody
- Emergency Custody Actions
- Child Support
- Father’s Rights
- Grandparents Rights
- Family Law Mediation
If you would like to discuss your personal legal needs with our experienced family law attorney, contact us today to schedule a free case assessment.
What is the Difference Between Fault and No-Fault Divorce in Texas?
Texas is a no-fault divorce state that allows spouses to dissolve their marriages without having to prove one or the other caused their marriage to be irreparably damaged and can be simply cited as irreconcilable differences when filing the necessary paperwork.
Texas also has what is called an uncontested divorce.
This type of divorce falls into the category of no-fault divorces and allows the couple to create an amicable plan for resolving asset division, custody, financial agreements, and other details of their divorce on their own, typically through a combined personal agreement or through divorce mediation.
Finally, there is a fault-based divorce, which may only be filed using certain criteria that one spouse has specifically behaved in a way that led to the break down of the marriage.
In the state of Texas, grounds for a fault-based divorce include:
- Domestic violence
- Abuse of all types
- Abandonment for one year or more
- Mental incapacitation
- Felony convictions
- Mental or physically cruel treatment
Fault-based divorces in Texas require proof the other spouse was responsible for the divorce’s occurrence and may result in a higher community property award during the asset division portion of their case.
Secondarily, proving fault in a divorce can also influence a judge’s custody or alimony decisions.
With the help of our skilled divorce attorney in Conroe, Texas, we will pursue the unique outcome you deserve to move forward with your life with confidence.
Can Hernandez Law Help with High-Conflict or Contested Divorces in Texas?
Contested divorces are those where the spouses cannot come to an agreement on their dissolution. Often, contested divorces involve conflicts rooted in narcissism and narcissistic abuse.
Narcissistic abuse is a form of emotional abuse that can affect the entire family. Typically, when the non-narcissistic spouse pursues a divorce, the narcissist will respond by being manipulative and exploitive, feeling neurotically entitled to get whatever they want.
This can lead to the narcissist bullying their spouse, refusing to take responsibility for their actions and behaviors, placing the blame solely on the non-narcissist for their deteriorating relationship while identifying themselves as the victim.
Narcissist often blame the other spouse for their perceived shortcomings. This places the non-narcissist in defense mode, which extends the conflict and stifles the divorce proceedings.
If this is happening to you, contact our skilled divorce attorney in Conroe, Texas today to learn how we can help you focus on the details of your divorce to take the power away from your narcissistic spouse, so he or she will be forced to make decisions that will allow you to move forward with confidence.
Will I Receive Alimony As Part of My Texas Divorce Agreement?
Whether you call it alimony, spousal support, or maintenance, the financial award is a court-ordered payment that one spouse pays to the other during and/or after a divorce.
The purpose of alimony is to ensure that both spouses are as close to financial equals as possible by awarding it to spouses who cannot support themselves on a single income during or after the divorce.
Texas courts only award alimony when one spouse meets at least one of these specific circumstances:
- The spouse seeking spousal support has a physical or mental disability preventing him or her from earning enough income to cover expenses.
- The spouse seeking spousal support cannot work due to taking care of a minor child with a disability.
- Within two years of the divorce, the paying spouse committed domestic violence against the other.
- The couple has been married for at least ten years, and one spouse cannot earn enough income to pay basic expenses.
No matter which side of the divorce you are on, and whether you are the one seeking spousal support or the one who may have to pay it, we can help you understand the financial support segment of your case, so you can make informed decisions about negotiating your position inside and outside the courtroom.
Which Spouse Gets Child Custody After a Texas Divorce?
In Texas, courts divide child custody issues into two different categories.
Conservatorship refers to the rights and duties of the parents. This can include who will make decisions regarding the children’s medical care, education, and religious upbringing
Conservatorship can be awarded to one parent or both.
- Possession and Access
Possession and access agreements are those that determine who receives physical custody of the children after a divorce, and who will be assigned scheduled visitation rights.
When determining the rights and duties of the parents, the court will always defer to what is in the best interests of the children by weighing multiple factors, including each parent’s ability to care for them properly.
Parents can agree on different possession and access schedules based on their needs, or the court can order a different possession and access schedule based on the best interests of the children, when the adults cannot make these important decisions on their own or through mediation.
How Much Child Support Am I Entitled to After a Texas Divorce?
Texas Child Support payments are based on the amount of time each parent spends with the children.
Although a court could order either or both parents to support a child, in most cases the noncustodial parent — or the one with the least amount of time with the children — pays child support.
The payment amount is based on a percentage of the noncustodial parent’s income.
Contact Our Experienced Family Law Attorney in Conroe, Texas Today
If you have family law needs that fall under any of our practice areas, or if you have specific questions about what your changing family dynamics mean to your future, contact our skilled family law attorney in Conroe, Texas at the Hernandez Law Firm today by calling 936-256-3115 or contact us online to schedule a free consultation where we will listen to your complete needs and present the potential legal solutions available for your unique case.
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