Waco TX Texas Family Attorney Lawyer Law Firm

Family Law

Divorce - Annulment - Child Support - Child Custody - Adoption

Pre-Marital Legal Counseling
This is my favorite area of family law and one that I want to stress is important for a successful marriage. With over half of all marriages ending in divorce, I want to help you increase your chances of a successful marriage. I highly advise you to make an appointment prior to getting married or shortly after you get married to talk about the legal rights. We will discuss matters such as the legal requirements for a valid marriage, community and separate property rights, liability for debts incurred before and during the marriage, the pros and cons of getting a pre-nuptial agreement, and any other topics you think are relevant.

Divorce
If your marriage is over, and there is no hope of reconciliation, you can be divorced in Texas either under a no-fault divorce (the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation) or under the fault provisions (cruelty, adultery, felony conviction, abandonment, living apart, & confinement in mental hospital).
You must be a Texas resident for the past six months and a resident of the county in which you bring suit for 90 days. If you have not lived in Texas for at least six months and lived in McLennan County for at least 90 days, we cannot take your case. We only handle divorce cases in McLennan County, Texas.

Annulment
Similar to a divorce (the marriage is over) but legally means the marriage never happened. You can get your marriage annulled if any of the following are true:
1. Under 16 - bring within 90 days of learning of marriage or within 90 days of turning 16 (note: conflicts with Family Code § 6.205)
2. Age 16-17 and married without parental or judicial consent; suit must be filed within 90 days of marriage and before the minor turns 18.
3. Under influence of drugs or alcohol and has not voluntarily cohabitated since the intoxication has worn off.
4. Permanent impotency concealed at time of marriage and has not voluntarily cohabitated since learning of it.
5. Fraud, duress, or force was used to get married and has not voluntarily cohabitated since learning of the fraud or since being released from the duress or force.
6. Suit by next friend - You lack of mental capacity and have not voluntarily cohabitated since having the mental capacity to recognize the marriage relationship.
7. Spouse lacked mental capacity and you have not voluntarily cohabitated since learning of your spouses mental incapacity.
8. Spouse concealed divorce within 30 days and you have not voluntarily cohabitated since learning of the concealed divorce.
9. Marriage within 72 hours of getting marriage license - suit must be brought within 30 days of marriage.

Void Marriage
A marriage is void (legally never happened) if:
1. Consanguinity: ancestor or descendent, brother or sister, parent's brother or sister, son or daughter of brother or sister, last 3 whole or half blood or by adoption.
2. Marriage to already married person. Becomes valid upon dissolution of first marriage if parties continue to live together and hold each other out as husband and wife.
3. Either party younger than 16 years old. (conflicts with Family Code § 6.101 and 2.103)
4. Current or former stepchild or stepparent
But suit must be brought to declare marriage void. Jurisdiction proper if "marriage" occurred in Texas or if either party is domiciled in Texas. Presumably all the "void" marriages are actually "voidable" since court action is required to determine them void.

Name Change
An adult can change his/her name because of a divorce, or by filing a petition with the court. Generally you must not be a convicted felon or registered sex offender and must have a good faith reason for the name change. Also, changing one's name does not release one from liability incurred under the old name. Children may change their name similar to an adult, but any parent, conservator, and guardian must be served and given a chance to contest the name change.

Child Custody & Support
aka SAPCR - Suit Affecting Parent-Child Relationship
This area is under construction, please check back soon.

Juvenile Justice - Crimes by Juveniles
aka Juvenile Criminal Defense
Juvenile crime is every parent's nightmare. Your child is arrested for a crime and has been taken to the juvenile detention center. If your child is not released into your custody, the court will conduct a detention hearing within two business days. As a practical matter this means you will have a detention hearing either on Monday or Thursday. If your child is not released another detention hearing will be held every 10 days. While this process is happening, the state will begin its case against your child, which may involve charges being brought against your child. Your child has a right to a trial by jury, trial by judge, or can accept a plea bargain agreement. If, after a trail or plea bargain, your child is found to have engaged in delinquent conduct (in other words, found guilty) punishment will be assessed. Punishment range is: probation in the home, probation out of the home (such as a boot camp program), or incarceration in the Texas Youth Commission. If your child has committed a serious offense, your child could be transferred to adult prison after serving time in TYC or your child could be tried as an adult.
Because of the serious nature of a criminal accusation against your child, we recommend you hire an attorney who is familiar with juvenile criminal work and who has a good working relationship with the probation officers, the juvenile prosecutor, and the juvenile judge.