Family Law Attorneys in Collin County, TX

When facing the complexities of family law issues, it’s crucial to have a knowledgeable and experienced attorney by your side. Whether you’re considering divorce, dealing with child custody disputes, or navigating property division, a skilled family law attorney in Collin County, Texas, can make all the difference. At Balekian Hayes, PLLC, our team is dedicated to providing compassionate and effective legal counsel tailored to your unique needs. Contact us today to schedule your consultation and take the first step towards resolving your family law matters.

Understanding Family Law in Collin County, Texas

Family law encompasses a wide range of legal issues that arise within familial relationships. In Collin County, Texas, family law matters are handled with the utmost sensitivity and care to ensure the best possible outcomes for all parties involved. Key areas of family law include divorce, child custody, and property division. Each of these areas requires a deep understanding of Texas laws and a strategic approach to achieve favorable results.

Divorce Lawyer in Collin County, Texas

Divorce is often one of the most challenging experiences a person can go through. The emotional and financial stakes are high, and the process can be complex and lengthy. In Collin County, Texas, the grounds for divorce include insupportability, adultery, cruelty, abandonment, living apart for at least three years, confinement in a mental hospital for at least three years, and conviction of a felony with at least one year of imprisonment. Each ground requires substantial evidence to be granted by the court.

The Divorce Process

The divorce process in Collin County is designed to protect the interests of all parties involved. Here’s a breakdown of the typical steps:

1. Filing the Petition: The first step in the divorce process is filing a petition in the appropriate local court. This document officially starts the divorce proceedings and outlines the grounds and initial desires for the dissolution of the marriage.
2. Temporary Orders: Temporary court orders may be necessary to establish immediate ground rules for custody, support, and property management. These orders ensure stability and fairness during the divorce process.
3. Discovery: Both parties exchange information and documents related to their assets and liabilities. This phase is crucial for transparent and fair proceedings.
4. Mediation: Texas courts often require mediation before proceeding to trial. Mediation aims to resolve disputes with the help of a neutral third party, ideally resulting in a settlement without the need for a trial.
5. Trial: If mediation does not lead to a settlement, the case proceeds to trial, where a judge makes the final decisions on all contested issues.
6. Issuance of the Divorce Decree: After the trial, the court issues a divorce decree, officially ending the marriage and detailing the terms of the divorce.

At Balekian Hayes, PLLC, we are committed to building a strong case for our clients by thoroughly preparing for each stage of the divorce process. Whether dealing with straightforward negotiations or complex asset division, our experienced team works to achieve a divorce decree that reflects your wishes and protects your interests.

Child Custody Attorney in Collin County, Texas

Child custody is a critical aspect of divorce proceedings involving minor children. The primary concern is always the welfare and stability of the children. Collin County courts prioritize the child’s best interests while ensuring both parents remain involved in the child’s life, unless there are compelling reasons otherwise.

Conservatorship

In Texas, child custody is referred to as “conservatorship.” There are two types of conservatorships:

• Managing Conservatorship: This involves decision-making responsibilities regarding the child’s education, health, and welfare. It can be joint (shared responsibilities between both parents) or sole (one parent has primary authority).
• Possessory Conservatorship: This outlines visitation rights and schedules. The non-custodial parent, known as the possessory conservator, has the right to access and visitation according to the court’s schedule unless limited by specific circumstances such as abuse or neglect.

The court evaluates several factors to determine the best interest of the child, including:

• The child’s emotional and physical needs
• Each parent’s abilities and involvement
• Stability of each home environment
• Any history of family violence or substance abuse

At Balekian Hayes, PLLC, we understand the importance of protecting your parental rights and ensuring that custody arrangements serve the best interests of your child. Our experienced child custody lawyers in Collin County are here to provide the support and guidance you need during this challenging time. Contact us today to schedule your consultation.

Property Division Attorneys in Divorce in Collin County

The division of property is a significant aspect of divorce proceedings that can impact your financial future. Texas follows the community property system, meaning that assets and debts acquired during the marriage must be divided equitably upon divorce.

Separate vs. Community Property

In Texas, property is classified as either separate or community:

• Separate Property: Includes assets owned before the marriage, inheritances received by one spouse, and gifts given explicitly to one spouse. The burden of proof lies with the spouse claiming the property as separate.
• Community Property: Includes all non-separate property accumulated during the marriage and is subject to division upon divorce.

Factors Influencing Property Division

The court strives for a “just and right” division of community property, considering factors such as:

• Each spouse’s financial circumstances
• Future earning potential
• Duration of the marriage
• Fault in the marriage dissolution (e.g., adultery or cruelty)

Distinguishing between separate and community property requires thorough documentation and sometimes expert testimony. At Balekian Hayes, PLLC, our strategic approach ensures accurate evaluation and vigorous protection of your assets. Whether through negotiation or litigation, we aim to secure a divorce decree that respects your contributions and provides for your financial future. Contact us today to discuss your property division needs with an experienced attorney.

Spousal Support Lawyer in Dallas, Texas

Spousal support and spousal maintenance are critical aspects of family law in Texas, often becoming pivotal issues during divorce proceedings. In Texas, spousal maintenance, commonly referred to as alimony, is awarded based on specific eligibility criteria outlined in the Texas Family Code. Unlike many other states, Texas law imposes stringent requirements for awarding spousal maintenance, aiming to ensure that it is granted only when absolutely necessary. Typically, the court considers factors such as the duration of the marriage, each spouse’s financial resources, contributions to the marriage, and the ability of the requesting spouse to meet their minimum reasonable needs independently. Importantly, Texas law caps the duration and amount of maintenance, often limiting it to a fraction of the marriage length and ensuring it does not exceed 20% of the paying spouse’s gross income. For family law attorneys at Balekian Hayes, navigating these complexities involves a strategic assessment of each client’s circumstances to advocate effectively for fair and just outcomes in spousal support matters.

Spousal Support versus Spousal Maintenance in Texas

In Texas, the terms “spousal support” and “spousal maintenance” are often used interchangeably, but they have distinct legal meanings and implications.

Spousal Support

Spousal support typically refers to the financial assistance one spouse voluntarily provides to the other during the divorce process or as part of a private agreement post-divorce. This type of support is not mandated by the court but rather agreed upon by the parties involved. It can be temporary, lasting only until the divorce is finalized, or part of a longer-term private arrangement. Because it is not court-ordered, the terms of spousal support can be more flexible and tailored to the specific needs and circumstances of the divorcing couple.

Spousal Maintenance

Spousal maintenance, on the other hand, is a form of court-ordered financial support awarded to a spouse following a divorce. Governed by the Texas Family Code, spousal maintenance is subject to strict eligibility criteria and limitations. To qualify for spousal maintenance, the requesting spouse must demonstrate an inability to meet their minimum reasonable needs, and they must meet one of the specific conditions outlined by the law, such as:

• The marriage lasted ten years or longer, and the requesting spouse lacks sufficient property or income to provide for their minimum reasonable needs.
• The requesting spouse is unable to earn sufficient income due to a physical or mental disability.
• The requesting spouse is the custodian of a child with a physical or mental disability, requiring substantial care and supervision.
• The paying spouse has been convicted of family violence within two years of the divorce filing or during the divorce process.

The duration and amount of spousal maintenance are also regulated, with Texas law generally capping the duration to a certain period based on the length of the marriage and ensuring it does not exceed 20% of the paying spouse’s gross income.

In summary, spousal support in Texas is a voluntary financial arrangement between spouses, while spousal maintenance is a court-ordered obligation with specific legal criteria and limitations. Understanding these differences is crucial for family law attorneys at Balekian Hayes as they guide their clients through the complexities of divorce and financial support.

Modifications and Enforcement

Post-divorce, circumstances can change, necessitating modifications to existing custody, support, or visitation arrangements. Additionally, enforcing court orders is essential to ensure compliance and protect your rights.

Modifications

Modifications can be requested for various reasons, such as changes in income, relocation, or changes in the child’s needs. To modify an existing court order, you must demonstrate a significant change in circumstances. Our attorneys at Balekian Hayes, PLLC, are experienced in handling modification requests and can guide you through the process to achieve the best possible outcome.

Enforcement

If your ex-spouse fails to comply with court orders regarding child support, custody, or visitation, legal action may be necessary to enforce these orders. Our team is dedicated to ensuring that court orders are followed and that your rights are protected. Contact us today to learn more about how we can assist with modifications and enforcement.

Paternity

Establishing legal paternity is crucial for fathers seeking custody or visitation rights. Paternity also ensures that the child receives financial support and access to benefits from both parents. In Texas, paternity can be established voluntarily or through court proceedings.

At Balekian Hayes, PLLC, we provide comprehensive legal support for paternity cases, helping fathers secure their rights and ensuring that children receive the support they deserve. Contact us today to discuss your paternity case with a knowledgeable attorney.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are valuable tools for protecting your assets and outlining financial responsibilities in the event of a divorce. These agreements can cover various aspects, including property division, spousal support, and debt allocation.

Prenuptial Agreements

A prenuptial agreement is a contract entered into before marriage that outlines how assets and debts will be handled in the event of a divorce. This agreement provides clarity and can prevent disputes during divorce proceedings.

Postnuptial Agreements

A postnuptial agreement is similar to a prenuptial agreement but is created after the marriage. It serves the same purpose of protecting assets and defining financial responsibilities.

At Balekian Hayes, PLLC, we assist clients in drafting prenuptial and postnuptial agreements that meet their specific needs and protect their interests. Our attorneys ensure that these agreements are legally sound and enforceable.

Domestic Violence

Domestic violence is a serious issue that requires immediate legal intervention to protect victims and ensure their safety. Texas law provides various protections for victims of domestic violence, including protective orders and legal action against the abuser.

Protective Orders

A protective order is a legal order issued by the court to protect victims from further abuse. It can include provisions such as:

• Prohibiting the abuser from contacting or approaching the victim
• Removing the abuser from the shared residence
• Granting temporary custody of children to the victim

If you are a victim of domestic violence, it is essential to seek legal help immediately. At Balekian Hayes, PLLC, we provide compassionate and effective legal support for victims of domestic violence, helping them obtain the necessary protections and navigate the legal process.

Contact a Collin County Family Law Lawyer Today

If you are dealing with a family law issue in Collin County, Texas, don’t navigate it alone. Trust the experienced attorneys at Balekian Hayes, PLLC, to provide the knowledgeable and compassionate legal support you need. Contact us today for an initial consultation and take the first step towards resolving your family law matters with confidence. Call us at 214.828.2800 or visit our website to schedule your appointment.