The post What You Need for a Valid Postnuptial Agreement in Texas? appeared first on Moffett Law Firm.
]]>If you are considering a postnuptial agreement, consult an experienced marriage lawyer to ensure that the agreement meets all requirements for validity and who possesses the knowledge and experience to advise you on your legal rights and obligations. At Moffett Law Firm, we have over 30 years of combined experience and are well-versed in navigating even the most complex marriage matters. Our legal team possesses the knowledge to draft a postnuptial agreement or review one that has been presented to you.
A Texas postnuptial agreement, also called a marital property agreement, is a legally binding contract between spouses that outlines how finances, property, and assets will be divided in the case of divorce.
To ensure a postnuptial agreement is valid in Texas, the martial agreement must meet the following requirements:
A valid postnuptial agreement must be a written agreement signed by both parties. Additionally, the agreement must be notarized. Verbal agreements are not enforceable in Texas. Neither spouse can be coerced or forced into signing the agreement.
Both spouses must fully disclose their financial assets and liabilities to each other before entering into a postnuptial agreement. Each spouse must provide a complete list of their assets, debts, and income. Failure to provide full disclosure can result in the agreement being unenforceable.
For a valid postnuptial agreement, both spouses must be truthful and honest with each other, meaning neither spouse can make false statements or misrepresent their assets and liabilities. If either spouse is found to have engaged in fraud or entered into the agreement under duress, it may be invalidated.
The postnuptial agreement must be fair and reasonable, meaning it cannot be unconscionable or one-sided.
Both parties should seek independent legal counsel before entering into a postnuptial agreement, which means they should have their own attorney review the agreement and explain their rights and obligations under the contract. This can help ensure that the agreement is fair and that both parties clearly understand the terms.
A valid postnuptial agreement in Texas requires both spouses to enter into the agreement voluntarily, provide full disclosure of their financial assets and liabilities and meet other essential requirements. At Moffett Law Firm, we are well-versed in specific Texas laws that may affect your postnuptial agreement and can guide you through the process to ensure your rights are protected.
If you are considering a postnuptial agreement, our highly experienced legal team will guide you through specific provisions to protect your financial well-being and fight to achieve your legal goals. Schedule a consultation by calling (713) 333-5800 or filling out our contact form.
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]]>The post How to Navigate a High-Conflict Divorce appeared first on Moffett Law Firm.
]]>When divorce disagreements intensify to the point where they impact your daily life, contact a high-conflict divorce lawyer. At Moffett Law Firm, we can help you navigate your high-conflict divorce by fiercely advocating for your interests.
It’s difficult to discern exactly what to expect when facing a high-conflict divorce, but the following steps can help manage conflict proactively:
One of the most vital steps to navigating a high-conflict divorce is to hire an experienced high-conflict divorce lawyer like the attorneys at Moffett Law Firm. A skilled lawyer can help you understand your rights and options and guide you through the process while fiercely advocating for your interests.
In a high-conflict divorce, it is important for your attorney to “work your case” diligently and thoroughly. This means gathering documents, such as financial records and other evidence vital to your case, assessing your assets and debts, sending discovery to the other party to ascertain what assets or debts they may be controlling, interviewing witnesses and composing an inventory or your assets and debts so you know what your estate looks like.
It is important for both you and your attorney to be prepared for anything – hearings, mediation, or final trial. You will be required to attend mediation at least once during your divorce. It’s important to work closely with your attorney to provide information when requested and to stay in communication so that you and your attorney can prepare for any step in the litigation process.
It may be easy to get caught up in the combative nature of high-conflict divorce and lose sight of your legal goals. Stay focused on what is important to you, such as financial security, asset distribution and confirming your separate property should you possess any.
Whether you have high-value assets, complicated property division concerns, or other contentious issues, we have the skills to help you achieve your legal goals. At Moffett Law Firm, we can help you through every phase of the divorce process.
We have over 30 years of combined experience and are well-versed in navigating the unique difficulties you may face by tailoring our legal strategies to fit your case and offering zealous legal advocacy. Schedule a consultation by calling (713) 333-5800 or filling out our contact form today.
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]]>The post How Is Child Custody Determined if the Parents Are Not Married? appeared first on Moffett Law Firm.
]]>The post How Is Child Custody Determined if the Parents Are Not Married? appeared first on Moffett Law Firm.
]]>The post Steps to Modifying Your Child Support in Texas appeared first on Moffett Law Firm.
]]>At Moffett Law Firm, we have over 30 years of collective experience working on highly complex family law matters, giving us the skills to take on any challenge. Our team is here to listen to your story and develop a customized plan tailored to your unique needs. When dealing with a complex or contentious legal challenge, clear and open communications are essential. The more we know about your situation the better we are able to fight for your needs. Throughout the legal process, we strive to help you make informed decisions and understand your legal options. Working with the attorneys at Moffett Law Firm gives you the best chance of achieving the outcome you deserve.
If you want to alter or modify your child support order, Texas courts have complicated rules and regulations you must follow. Fortunately, our highly qualified Moffett Law Firm lawyers are here to guide you through the process of child support modification. We understand that every case is unique, but the process typically involves the following steps:
While you pursue a child support order modification, you should continue to fulfill your current obligations under the existing order. Failing to do so could result in legal action from the other parent, paying interest, and other sanctions.
Before filing for a child support order change or modification, you must have grounds to do so. Reasons you may have grounds to make modifications to child support in Texas include the following:
Our knowledgeable lawyers can help you determine if you have the grounds for child support modification and the best course of action to prove these grounds in court.
In most cases, you must provide evidence that your circumstances have changed, and your current child support terms no longer work for you. For example, you might demonstrate one or more of the following:
We can help you gather the evidence you need to show the court that your requested changes or modification is necessary. Our hardworking lawyers strive to build a solid case and aggressively fight for your rights, so you can rest assured you are in the hands of a team that will protect you.
If your finances or other circumstances have changed, and your child support agreement no longer works for you, you may be able to file for a modification. With the help of our dedicated lawyers at Moffett Law Firm, you can better understand how to achieve a favorable result and a lawyer that will do everything they can to protect your rights, emotional well-being, and financial future.
With decades of combined experience in the industry, you can trust us to take on your child support modification and handle it with the knowledge and skill necessary to achieve the desired outcome. We have the expertise to get to the heart of your case, represent you in the best way possible, and achieve your deserved resolution. To schedule a consultation, call (713) 333-5800 or fill out our contact form.
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]]>The post What Cases Does the Moffett Law Firm Handle? appeared first on Moffett Law Firm.
]]>At Moffett Law Firm, we are a Texas family law firm. With over 30 years of combined experience and extensive knowledge of the law, we understand how to handle all types of family law cases. Our experienced and knowledgeable team understands every case is unique, so we work with you closely every step of the way to create a customized strategy that will give you the best chance of achieving your optimal outcome given your set of facts and circumstances.
When dealing with a family law matter, finding a lawyer with experience working on similar cases is crucial. At Moffett Law Firm, we have worked on all types of cases, including:
Divorce is one of the most common family law cases we handle. Our professionals are prepared to tackle any divorce case regardless of how complex or contentious. Even if you and your spouse agree to end your marriage amicably, you may disagree about the terms, which can significantly delay the process. Our skilled lawyers at Moffett Law Firm can assist you with the details and legal nuances necessary to ensure that your goals are met and your financial future is secure within the unique facts of your case.
If you are getting a divorce and children are involved, chances are child custody or child support are contentious issues in your litigation. Our dedicated lawyers at Moffett Law Firm can assist you in gathering evidence, conducting discovery, and ensuring that your case is fully prepared for mediation and any hearings necessary to safeguard your position and your children during litigation. We also work to ensure that both you and your case are fully prepared and ready for final trial in the event final trial is a necessary step in your litigation.
Texas is a community property state, which means the court considers the division of any assets or debts accumulated during the course of your marriage owned by you and your spouse. Therefore, these community property assets and debts must then be divided upon the dissolution of the marriage. Texas law states community property assets and debts must be divided in a “just and right” manner. While it may seem straightforward, spouses often disagree about what is considered a “just and right” division of assets. Our talented lawyers at Moffett Law Firm can fight for a just and right property distribution of the community assets and debts accumulated during your marriage. We can help you identify and confirm your separate property assets that should not be subject to division upon divorce. The lawyers at Moffett Law Firm can assist you with gathering evidence to bolster your separate property claim. We can make valuable recommendations for tracing experts and business valuators to assist with the confirmation of your separate property or with assigning or establishing a value to a community property business or entity that needs to be divided during the divorce.
A prenuptial or postnuptial agreement can provide an outline for the terms of a divorce should one occur in the future. These types of martial agreements can also provide guidance on whether a couple intended to create any community property during the course of their marriage. While you and your partner may think you won’t need one, these contracts can outline specific responsibilities and ensure you and your spouse agree on key points. Our lawyers at Moffett Law Firm can help you create this legally binding agreement by assessing your goals and considering every detail so none of your rights are overlooked. We can also help modify and enforce this agreement if necessary.
If you are a mother seeking child support, a father wanting visitation rights, to establish paternity or the right to make important decisions about your child, or a child wanting to know their health history, our experienced lawyers at the Moffett Law Firm can help you file a paternity case.
If you have a divorce decree or other underlying court order, all parties involved must comply with the terms of these court orders. If one party to a court order, fails or refuses to follow the terms of the court order, you need the assistance of the experienced and knowledgeable lawyers at the Moffett Law Firm to file an enforcement to enforce the terms of the court order and ensure the non-complying party adheres to the terms of the court order.
Sometimes, your needs or the needs of your child may have changed since the date the underlying court order became effective. In these circumstances, a modification of the underlying court order would be appropriate to change the terms of the order to better suit the needs of the parties at the present time. Whether you need help enforcing or modifying an order, the attorneys at Moffett Law Firm can help you manage the process and protect your rights.
With the help of our skilled and experienced lawyers at Moffett Law Firm, you can understand the scope of your case, legal options, and the decisions you need to make to secure optimal results. We take the time to listen to your story and understand your goals so that we can fight for what is most important to you. Give us a call at (713) 333-5800 or fill out our contact form today to schedule a consultation.
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]]>The post 4 Factors That Impact Spousal Support in Texas appeared first on Moffett Law Firm.
]]>As you proceed forward with your divorce, working with one of the experienced divorce lawyers at the Moffett Law Firm can help you navigate the intricate issue of spousal support. We have an extensive track record of success in handling complex divorces. We will work to protect your legal rights and financial future with empathy and fierce litigation strategies.
If a spouse meets the necessary criteria to qualify for spousal support, the court may consider additional factors that may impact their decision of whether or not it should be awarded.
The four factors that may impact your spousal support include the following:
If the spouses have agreed to terms for spousal support, the courts will accept the arrangement and put it into the divorce agreement. For example, a prenuptial agreement may set the terms for spousal support. In some cases, divorcing couples may negotiate terms during divorce mediation, which may further reduce any conflict in court.
A court will look at a standard of living that has been established prior to the divorce to make a decision on whether spousal support should be awarded. For example, if a spouse is a stay-at-home parent, the courts may decide whether support is appropriate.
One of the most vital aspects in determining spousal support is evaluating whether each party has the ability to support themselves after the finalization of the divorce. If one party has a high-paying job while the other party hasn’t worked for years, spousal support may be awarded.
If the court determines that spousal support may be issued, they will look at the length of the marriage and other factors to determine how long it should be paid. Generally, the guidelines are as follows:
Spousal support orders are limited to 20% of the payor spouse’s gross monthly income or $5,000 per month, whichever is less. Speak with an experienced divorce lawyer at Moffett Law Firm for an evaluation of your specific case to determine spousal support duration and amount.
At Moffett Law Firm, we understand that divorce comes with high-conflict issues and disagreements. We are well-versed in the complexities of spousal support and can help protect your rights and financial well-being with our seasoned legal guidance.
With over 30 years of combined experience, we have the skills to help you obtain the most favorable outcome. Schedule a consultation today by calling (713) 333-5800 or filling out our contact form.
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]]>The post 6 Tips to Protect Your Finances During a Divorce in Texas appeared first on Moffett Law Firm.
]]>It’s challenging to know how much a divorce will cost or how long the process will take, so taking action to protect your financial future is essential. With our client-first approach, we work with you to develop a plan tailored to your needs, giving you the best chance of a positive result. Our lawyers handle all aspects of your case and provide open, transparent communication, so you can understand your legal options.
During a divorce, emotions, and tensions can run high, making it challenging to resolve disputes. We can negotiate on your behalf and help you protect your money in the following ways:
Attempting to handle your divorce on your own can be daunting, and you risk making errors that could lead to significant financial losses. Our knowledgeable lawyers always have your best interest in mind and understand the strategies needed to protect your assets. We can also speak on your behalf in and out of court to avoid mistakes and give you the best chance of achieving your desired outcome.
One of the first steps in protecting your finances is knowing what you have. We can help you gather and organize information on all your accounts, including checking, savings, 401(k), credit card bills and debts, and other accounts you and your spouse shared or kept separate. This way, you will know how these assets may be divided and what you may receive after the divorce.
In general, assets you owned before marriage, inherited during your marriage, were gifted to you, or gained as part of a personal injury settlement are considered separate property and are not divided during a divorce. However, property in Texas can also be characterized as quasi-community or mixed character, depending on how and when it was acquired. The family law attorneys at Moffett Law Firm can help you determine which assets you are entitled to as separate assets and how your other assets are likely to be divided. Remember, just because your spouse says something is a community asset or a separate asset does not make it true. Jed and Courtney will fight to secure the assets you are legally entitled to.
Bank statements can offer proof of your finances before marriage, so keeping your bank records is essential for protecting your money during a divorce. Our attentive lawyers can help you keep these documents organized and safe throughout the process.
If your former spouse is making spousal maintenance, or child support payments, requesting that your former spouse carry an insurance policy to cover these debts is a great way to ensure the payment of these financial obligations upon the death of your former spouse while these debts are still owed. If your former spouse passes away while these debts are still due and payable, this insurance policy requires their estate to pay off these obligations. We can help you make this request and ensure provisions to enforce these requirements are included in the final decree of divorce to protect you in the future.
Liquidity is the ease with which an asset can be converted into cash. Assets like checking and savings accounts are highly liquid because cash can be taken out of them easily. On the other hand, assets like antique cars or diamond jewelry are less liquid due to the longer amount of time it would take to sell them and receive their cash value. When getting a divorce, it’s important to consider which liquid and non-liquid assets you and your former spouse receive. If you have a higher income, non-liquid assets may not be a major concern, but if you earn a lower income than your soon-to-be former spouse, non-liquid assets can make it more challenging for you to pay your bills. Our lawyers can help you understand the liquidity of your assets and protect your financial future.
When getting divorced, you may want to get the process over with quickly, but this could result in your rights and other details getting overlooked. With the help of our aggressive lawyers at Moffett Law Firm, you can focus on your work and other aspects of your life while we manage your entire case, including keeping your finances safe.
We have decades of experience working on all types of divorce cases. Our team also has advanced negotiation and litigation skills to help resolve disputes while fighting for your goals. No matter the scale or scope of your divorce, our attorneys are prepared to listen to your story and protect your financial future. Call us at (713) 333-5800 or complete our contact form to schedule a consultation today.
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]]>The post Why Do You Need a Lawyer With Your Cypress, Texas Divorce Case? appeared first on Moffett Law Firm.
]]>Our professional lawyers at Moffett Law Firm have 30 years of combined experience handling the most complex divorce law matters. With our personalized approach, we listen to your story and develop a plan catered to your unique needs.
Divorce in Cypress, Texas can be confusing and frustrating, and you may not know where to begin protecting your rights and financial future. Contacting an experienced divorce attorney at the Moffett Law Firm will protect your best interests as you navigate the legal divorce process in the following ways:
Even the most straightforward divorce cases require extensive knowledge of state law. Our dedicated lawyers at Moffett Law Firm have a detailed understanding of the steps necessary to achieve your goals in your divorce. We answer your questions related to your case and provide valuable advice regarding complicated situations involving issues such as domestic violence, hidden assets, and child custody. Our attorneys believe communication is key, so we ensure you are always informed.
While all divorces are complex, those involving factors like high net worth or businesses often require more specific experience and legal knowledge. The attorneys at Moffett Law Firm have experience working on all types of complex divorce cases, so we can guide you through every step of the process.
One of the most important aspects of divorce is gathering information about your assets and calculating their value. This outlines what you have and how your community property should be divided between you and your spouse. Our attentive lawyers can help you collect evidence of separate property and fight for fair division of your assets. If we believe your case could benefit from the use of a business valuator or financial expert to assist with tracing assets, we’ll have that discussion with you and let you know how and why that expert could be beneficial to you and your case.
Texas divorces can involve a lot of paperwork, which can be one of the most stressful parts of the process. We can explain the paperwork filed on your behalf, why it was filed and how it affects your case. We also assist with both requesting discovery documents on your behalf and answering discovery requests for you. Discovery is the information gathering stage of the divorce process where both spouses are required to exchange documents and important information. Discovery is very important for divorce and child custody proceedings, as the information gathered provides critical insights for negotiating a settlement or going to trial, if needed.
Our knowledgeable lawyers at Moffett Law Firm understand the law and can advocate for you both in and out of the courtroom.
Tensions often run high in divorce cases, and you may need to go to mediation if a judge requires it. Our experienced and knowledgeable attorneys at the Moffett Law Firm can help you determine if mediation is necessary or if it can be objected and ensure you are prepared. We work hard to help you achieve the best possible outcome for you and your case in the event settlement is possible.
At Moffett Law Firm, we are skilled and aggressive litigators ready to take on the challenge of any case. With our advanced litigation skills, we can fiercely advocate for you, your case, and your desired outcome.
If you are getting a divorce, finding a trustworthy lawyer is crucial. Our reputable legal team at Moffett Law Firm has provided unmatched services and innovative solutions for a combined total of over 30 years, so you can rely on us to handle your case effectively.
With our consistent communication and vast experience, we can help you understand the full scope of your case. To schedule a consultation with one of our knowledgeable lawyers, call (713) 333-5800 or fill out our contact form.
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]]>The post How Your Divorce May Affect a Surrogate Agreement appeared first on Moffett Law Firm.
]]>If you have a surrogate agreement and wish to undergo divorce from your spouse, we can offer some valuable information and assistance. The lawyers from Moffett Law Firm have extensive experience in divorce and family law, meaning we have access to helpful resources, strategies, and tools. We have a track record of successfully supporting clients all over Texas, and we can offer you similar services and recommendations. We can provide fantastic legal representation if you need assistance from compassionate divorce attorneys.
In Texas law, only married couples can typically arrange a surrogate agreement. The couple must show that they cannot carry a child or cannot do so without risking serious harm to the mother or baby. They must meet many additional agreements before a surrogacy agreement can be carried out, occasionally including home studies or the donation or exchange of eggs, embryos, or sperm.
Your divorce may impact your surrogacy agreements, as Texas law generally only permits married couples to participate. A divorce may result in the dissolution of a surrogacy agreement, so we recommend you consider all possible results before completing your divorce. This is a serious matter, so you may want to work with a lawyer to determine the best options for your situation.
We recommend you work with a lawyer for assistance when involved in legal matters. Your lawyer can help you streamline the legal process in several ways, including speaking on your behalf, avoiding mistakes, and protecting your financial interests in the long term. In the case of a Texas divorce, we suggest you speak with and retain a Texas divorce attorney.
We strongly recommend you avoid representing yourself throughout the divorce, especially if your spouse also has legal representation. This will help you level the playing field and protect your interests, especially finances. Self-representation may result in misrepresenting your circumstances and needs, reducing your share of financial assets, and increasing the stress you experience. Your attorney is far more likely to bring you the results you want and need to return to normalcy.
Our team suggests you speak with a lawyer as quickly as possible to increase your odds of favorable results following your divorce. Your attorney will need sufficient time to acquaint themselves with your circumstances, collect and assess information, and build arguments in favor of your perspective. We recommend you speak to one of our divorce attorneys at your earliest convenience.
Suppose you need to streamline the divorce process in Texas. Even if you want to consider surrogate agreements or other contracts, you will likely benefit from contacting a representative from Moffett Law Firm. Our divorce lawyers have extensive experience in family and divorce law, so we can provide you with the support you need.
Feel free to contact our legal team at your earliest convenience to increase your likelihood of favorable results in your matters. You can reach us by calling (713) 333-5800 or completing our contact form. We look forward to hearing from you and learning more about your situation.
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]]>The post Can Stepparents Get Visitation Rights in Texas? appeared first on Moffett Law Firm.
]]>If you want to acquire visitation rights for a former stepchild, an experienced family law attorney can help. With over 30 years of combined experience, Moffett Law Firm is here to protect your and your stepchildren’s rights and well-being.
Stepparents can play a large part in a child’s life, often overstepping the role and taking on the responsibilities of a regular parental guardian. If you have been around the child since they were young and helped take on a significant role in the parenting process, it may feel like you are owed visitation rights once after the divorce. Though Texas law does not immediately qualify stepparents for visitation, with an attorney’s help, it’s possible.
Your experienced family law attorney will help you petition the court for visitation rights. They will argue the significance of the relationship between the stepparent and stepchild. The judge will decide based on the child’s future emotional and financial well-being. The longer the relationship, the more likely you are to garner visitation rights. If maintaining a relationship is in the child’s best interest and their biological parent does not object, rights will likely be established.
If the divorce was messy, it might be challenging to secure visitation rights. It’s not uncommon for the biological parent to deny the former spouse and stepparent visitation rights, especially if the marriage ended on bad terms. If you have been denied access to a former stepchild that played an important part in your life, your attorney can help fight the denial. Factors your attorney will argue can include:
The judge may speak with the child alone to properly gauge their thoughts and feelings on the matter. The parents will not be allowed to oversee or overhear the consultation. The judge has the legal duty to adhere to the Texas Family Code 153.002 statute, which outlines the standards for the child’s best interests. Factors include physical and emotional safety, general happiness and well-being, and financial security.
Although Texas legally categorizes stepparents in the same group as grandparents or uncles and aunts, the relationship with the children often goes much deeper. If you are experiencing concerns about visitation rights, Moffett Law Firm is here to help. We work tirelessly to put the best interests of our clients first, meaning we will work around the clock to build a case and restore your relationship with your former stepchildren. Our people-first approach provides a compassionate and personalized experience.
Trust you are in good hands with our reputable and experienced family law firm. To see how we can best help, call our office at (713) 333-5800 or fill out our contact form.
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