An Intro to Family Law in Victoria, Texas
Family law in Victoria encompasses a wide range of legal issues relating to family and domestic matters. Among the most notable of these are divorce, child custody and support, property division, paternity, prenuptial agreements, adoption, and spousal support . While these are the most common family law issues in Victoria, there are numerous other problems and concerns that may prompt a person to engage the services of an attorney well-versed in this area of law. Regardless of the circumstances that bring people to seek out the services of family law attorneys, though, it is essential that they understand the local laws and regulations that apply to their specific situations.
How to Proceed with a Divorce Action
In Texas, one cannot simply walk up to the counter of the courthouse and ask to "get a divorce, please." There is a process that they must go through, with the courts having laid out certain mandatory requirements that must be followed for a divorce to take place. Before you ever step foot in the courthouse, you would most likely be well served to spend some time with an experienced Texas divorce attorney. The Texas Family Code is fairly complex, and navigating it alone – especially if children and marriage property are involved – could be a daunting task, to say the least. There are a number of ways that a person can file for divorce in the Victoria, Texas family courts. Two of the most common methods include an uncontested divorce through mediation – this is accomplished by having both parties agree on the terms of the divorce, and then filing the paperwork in court to make it official – and a contested divorce, which involves several hearings before a final trial can commence. As mentioned above, if children are involved, an Option E filing might not be appropriate. While there are other methods for filing for divorce with minor children, there is no "simple" option. However, there are still ways to ensure that the process is as easy as possible. For example, you could opt for a collaborative divorce, which provides for a respectful, private, and coordinated method to negotiate a resolution to child custody issues, tax issues, and other matters. This route could be best for divorcées who don’t want a traditional contested/mediated divorce. In Texas, contested divorce proceedings require the following paperwork: Once the paperwork has been filed, you and your spouse will be required to attend a divorce orientation session, which will be selected and scheduled through the court’s personnel. This session does not require you to be physically present and may be taken online. The next step in the process is a meeting of the spouses with their attorneys to make sure that both parties are on the same page regarding the divorce proceedings and to prepare the contents of the Temporary Orders Motion. If there are concerns about the safety of either party or the children involved, or if any spouse will not agree with the Temporary Orders Motion, the third step is obtaining a Protective Order through a separate hearing that is presided over by a different Family Court judge. A Protective Order may drastically affect the Temporary Orders Motion, so it is important to have a solid legal team in place to help ensure that the divorce process is as smooth as possible. At this point, parties will need to go through the Plea in Abatement (a challenge to the jurisdiction of the court in a divorce case) or a Waiver of Service – a written agreement that the party is voluntarily waiving the right to be formally served with a copy of the divorce petition. If neither apply, the next step in the process is a Standard Temporary Order hearing, where the court will hear requests for limited types of temporary relief orders.
Child Support and Child Custody
Child custody in Victoria, TX, Texas, or anywhere else in the state for that matter, is determined by the court through the "best interest of the child" standard. This means that the court considers a number of factors to decide who will get conservatorship and possession of a child (conservatorship/timesharing). Some of the biggest factors considered include the physical and mental health of the parents, the geography of the parents, whether or not the child is close in proximity to the parents, parenting abilities and mentality, the stability of the home, use of abusive or profane language by the parents (towards each other or the child), the relationship the child has with each parent, and any other aspects of the case that may be relevant.
Child support in Victoria, TX, is generally calculated by a formula that considers the obligor’s net resources and the number of children being supported. The formula can be a bit complicated, but it is generally 20 percent of the net resources for one child, 25 percent of the net resources for two children, and so forth. Also, certain costs may or may not be included in the net resources calculation, such as medical expenses, daycare costs, health insurance premiums for the child, and union dues, among other things. If the support order is ever modified (e.g., increased) or if the support order is ever enforced (e.g., decreased), the amount ordered would change and the above-mentioned calculations would apply.
To enforce a support order in Victoria, TX, you would file a motion for enforcement with the court, request a show cause hearing, and then wait until the enforcement hearing before the court. At that enforcement hearing, the judge would determine whether the violation occurred and how to enforce the order. In many cases, first-time offenses may be the subject of a contempt citation (whether or not a fine is ordered), whereas repeated offenses may be a court order to jail.
The Adoption Process
The adoption process in Victoria, TX, while similar to the general laws of Texas, has specific local considerations and procedures that are important to understand.
Types of Adoption
For your adoption, the courts will require a copy of the termination order, if any, for the biological parent(s) along with the Texas Department of Family and Protective Services final order, salvaging the family bond. Depending on what type of adoption is being pursued, there could be additional paperwork and steps involved. For example:
The Adoption Process
For any type of adoption you pursue , here are some of the general steps involved:
Why Choose an Adoption Attorney?
Working with an attorney to navigate the various intricacies of the adoption law system is an important step to take. This specialist will know the intricacies of family law in Victoria, TX, and can help you avoid pitfalls by guiding you throughout. Since the laws are constantly evolving, a thorough understanding of the most up-to-date incarnations of these statutes is necessary. An adoption attorney will have the latest knowledge, and know how these laws apply to your situation.
Legal Resources
In addition to the support and guidance offered by our law firm, there are several legal resources available in Victoria, TX for those dealing with family law issues. Legal Aid of Northwest Texas provides access to free legal advice, referrals, pro bono services, and clinics for low-income individuals in need of assistance. The Victoria County Law Library is another valuable resource, with a wide selection of family law books, guides, and general legal research materials, as well as free public access terminals with internet access. Online resources are also available to provide guidance and legal information, such as the TexasLawHelp.org website, which offers a wealth of articles, guides, and forms for self-representation in family law matters. The Family Law section of the State Bar of Texas’ website includes additional resources, links to articles, and information on finding legal representation or assistance.
Common Inquiries
As a family practitioner, I am often asked questions about the process or about various aspects of the law. Here are some questions and answers that you may have.
Why is it so important to have a lawyer in a divorce?
For several reasons. The first is, without a lawyer, the other side can take advantage of you. The second is that many people do not want to go to trial in front of a judge that they do not know. You want someone to protect your interests. Third, the law can be complicated, and the spouse’s lawyer may try to trick you into making mistakes. You need someone there for you and who can explain the rules to you.
If my spouse has an affair, will that affect my rights in the divorce?
Most likely no. This seems to be one of the most common issue that folks seem to think will come into play in their divorce. Here in Victoria , Texas, it is becoming more and more uncommon to see this have any affect on the rights of the parties in a divorce case.
How long will a divorce take?
It depends for each case because not all cases are the same. A complex division of property may take longer, a custody case may be settled, and some are contested. Generally, cases that are contested will take longer. Also, the amount of time for the case, while in litigation may depend on when you filed or how slow a court is to set cases.
How much does a divorce cost?
It depends. Every case is different. Having said that, the average cost for cases generally ranges from $5000 if the case is simple and uncontested to $20,000 or more when the custody and the complex asset division is involved.