Family Law in Galveston County: An Overview
Family law in Galveston County encompasses a wide range of cases, focusing primarily on legal issues related to marriage, divorce, child custody, and adoption. Local courts generally handle divorce cases, paternity matters, child custody, child support, visitation, adoption and termination of parental rights.
A divorce, defined as the termination of a marriage, can include such legal considerations as the division of debt and assets, child custody and child support arrangements, alimony or spousal maintenance, and legal fees. When alcohol or drugs are involved, the case may be more complex. In Houston, these types of cases (more than one year of marriage with children) average about 13 months until finalized or settled, but every case is different.
Divorce with Children
When children are involved, the case can become even more complex, with a need for parenting plans, child visitation, and child support. To deal with the many parenting factors and the rules and regulations applying to divorce, you need an attorney knowledgeable in these areas. The Houston area is actually considered a good region for obtaining a divorce, and this is no doubt largely due to its population (2.3 million) and the number of family law attorneys available.
Pro Bono or Reduced Fee Services
For those parents who do not have the money to pay for legal representation, there are ways to pursue pro bono or reduced-fee representation through local bar associations. The Harris County Bar is an excellent resource, although they often have waiting lists for their lawyers willing to offer assistance .
Dissolution of Marriage
Texas Family Code Title 1, Sections 6.001 through 6.907 govern married persons or "dissolution of marriage" and spouses seeking the dissolution of their marriage should be well-versed in these laws. Title 1, Section 6.406 remains active for one year following the divorce, allowing the reformation of the marriage in that period. Laws regarding marriage dissolution are complex, so hiring a knowledgeable professional is a wise choice.
Child Custody and Support
There are a number of laws relating to custody of children and child support that must be followed. A Texas divorce agreement gives the right to sue for what is known as "specific performance," or an exact legal reinstatement: a judge can sign an order calling for a specific visitation schedule, for example.
Adoption
When considering adoption, it is important to consult with an area attorney with current knowledge of the law and court guidelines. Adoption is a special blessing, and takes many forms, including:
Your choice of family attorney should be based primarily on your comfort level and belief in that person’s ability to handle your case well, so be sure to discuss your situation with several possible candidates and thoroughly compare credentials. You will also want to consider availability, style of practice and your budget for legal fees.
Galveston County has a decade-long love affair with family law attorneys and clients alike. Keep these thoughts in mind as you get started.
Essential Attributes of Family Law Attorneys
Qualities of Effective Family Law Attorneys in Galveston County
While knowledge and experience are key, finding an attorney who values open channels of communication is equally important. Especially in the context of a family law case, having a lawyer who will keep you updated on your case is critical for your peace of mind. You should never be left wondering what is happening with a matter that will undeniably have a huge effect on your life.
Another crucial quality to look for in your legal advocate is a reputation for thorough work. You should never feel as if your case is being put on the back burner, or that you are just one of many clients that your lawyer is juggling. An effective attorney in Galveston County will be willing to take the time needed to understand your concerns, find solutions to your family law problems, and implement a strategy to get you through a difficult time in your life.
Finally, you should also evaluate attorney cost when choosing a family law attorney in Galveston County. While you don’t need the most expensive lawyer you can find, you should also be wary of a legal advocate whose fees seem abnormally low. When it comes to hiring a counsel, you will typically receive exactly what you pay for.
Finding the Right Family Law Attorney for You
For those in need of experienced legal counsel in issues of divorce, custody and litigation in Galveston County, inquiry into the experience of everyone involved is critical. Importance is placed not only on the choosing of the right attorney, but also on the review of the practices of the individual law firm. The firm you select needs to be knowledgeable in family law and litigation alike, while also possessing high ratings for client satisfaction. With a vast array of online resources available for reviewing not only the credentials of the attorneys you are considering, but also their former clients, it is easier than ever to find an attorney who will work tirelessly on your behalf. Taking the time to research the options available to you is one of the most critical steps in your journey to a personal victory in emerging from the family law process.
Advantages of a Local Attorney
Choosing a local attorney to handle your family law matter can present significant advantages. In Galveston County, like many other Texas counties, there are a limited number of courts handling family law matters. Experienced Galveston County Attorneys have had the opportunity to deal with issues in front of the same judges, clerks, and court coordinators. Your attorney more than likely knows the arguments and presentation style that an individual judge appreciates.
Local attorneys also are familiar with the other legal professionals who may need to be involved in a case. Child custody cases routinely involve psychologists, mental health professionals , and mediators in addition to attorneys. Local professionals are often familiar with your attorney and may even utilize the same child expert or divorce mediator. Hiring a local attorney allows you to team up with a professional you know will work well with your attorney on a case.
Galveston County divorce lawyer and mediator Cynthia McDivitt has been practicing in Galveston County for almost 30 years. She has spent a significant amount of time in front of the judges, court administrators, and local community professionals that may be involved in your case. She has handled thousands of family law matters in Galveston County, including cases filed in the Galveston, League City, and Texas City Courts at Law and District Courts. Ms. McDivitt has also been a certified Mediator for more than 20 years. She is one of only a few divorce lawyers in Galveston who also mediates divorce and custody disputes.
Steps to Take Before Your First Meeting with a Family Law Attorney
Before you walk into the first consultation with a family law attorney, be sure to consider what you want out of the meeting and what information you will be able to provide and absorb. The role of a family law attorney is not necessarily to provide you with all the answers you are looking for on your first visit, but to gather more information, some of which may take time to obtain, in order to provide you with good legal advice later on.
There are several documents that you should bring to your first consultation with your family law attorney:
1) Basic documentation such as paystubs, bank statements, assets, liabilities. If you are seeking child custody or visitation and have children, bring last years tax returns and copies of their report cards.
2) Bring calendar pages for the years prior to and after the filing date.
In addition to producing documentation, you should identify questions you want answers to and goals you want to achieve from the consultation.
Example questions/criteria to consider:
All of these questions should be written down for your family law attorney. This checklist will provide you with a better understanding of your case and guide you to a legal outcome that is acceptable to you.
Family Law and Fees
Budgeting for legal matters is always a tricky balance of ensuring you have the right attorney on your side without bankrupting your family savings. While there are many factors that could affect the cost of your case, there are two things I recommend everyone consider from the beginning: Below is a quick breakdown of some of this information and some suggestions on what to ask your attorney to help you make the best choices for your personal situation.
Hourly Fees Most attorneys charge by the hour and will require a retainer up front. The retainer is the amount they will keep as a down payment until the case is over and may or may not cover the full expense – the actual fee will be determined by how much time is spent working on a case and the retainer will be replenished as it is consumed . For example, if your retainer is $5000 for an hourly rate of $250 per hour for an attorney, then $5000 of your fees are paid after you’ve had 20 hours of time charged to your account. If you go over that amount, they will require a new retainer deposit before they continue to work on your account. While these types of arrangements can be more beneficial in the long run than flat fees, it is difficult to know before the end of the case how the final expenses will come out.
Flat Fees Avvo recently published an article on the average flat fee charged for a divorce, which can be helpful in understanding what the normal costs might be for your case. They break it down by region and jurisdiction and provide suggestions for ways to minimize costs. Of course, every case is different and every attorney will have a slightly different fee structure, so it is always important to discuss your case with them directly.