Top Five FAQ’s in Family Law and Where Do I Begin?
What is family law?
Family law deals with family-related matters, including divorce, child custody, child support, visitation, pre- and post- marital agreements, modifications of divorce decrees and other final judgments in a family law matter. As a family law attorney, I not only provide legal advice, but work to posture a case so settlement is a likely outcome.
What property/debt is divided in a divorce?
All community assets and debts should be divided, including real property, business interests, retirement plans, IRA’s, employee stock option plans, pensions, annuities, restricted stock options, bonuses, profit-sharing plans, life insurance policies (cash surrender values, if any) and credit card debts, loans, et cetera.
“Separate property,” according to the Texas Family Code, is property that a spouse had prior to marriage or property that is acquired during the marriage by gift or inheritance, and any recovery for personal injuries sustained during the marriage, except for recovery for loss of earning capacity during the marriage.
What documents should I gather for my divorce attorney?
You should gather statements from financial institutions, credit cards, retirement statements, and income tax returns with all schedules. Don’t despair if you don’t have access to your financial information! I can use the discovery process, which is a legal mechanism designed to obtain information about either party to the divorce that can be in the form of interrogatories, requests for production, requests for disclosure, and depositions, to name a few.
What other matters might I discuss with a family law attorney?
Rights of parents, conservatorship, visitation, child support, retroactive child support, grandparents’ rights, common law marriages, annulments, adoptions, and paternity matters, including payment for prenatal, postnatal, and labor and delivery costs.
Should I meet with a family law attorney if I’m just considering taking action in a family law matter?
Absolutely. During the consultation I will explain the applicable family laws in Texas relating to a broad range of family law matters and help you develop a plan for your future.
If you’re considering modification of an order, it is important to understand what a court has the power to modify in a divorce decree or final judgment in a family law matter. A modification can involve a suit affecting the parent-child relationship (a SAPCR case) relating to custody, visitation, and child support.
If you have questions about divorce or other family law matters, please schedule a consultation. I will educate you regarding the legal process, including options regarding “serving” your spouse with notice of the divorce (service versus waiver), temporary restraining orders, protective orders, temporary orders, injunctions, mediation, trial/arbitration, and other options available to you to protect yourself and your children. We will also discuss next steps moving forward with your divorce process. My goal is to assist my clients through a most difficult time in their life and educate them about their options regarding rights and duties regarding children and property division.
About the Expert
Nancy L. Rommelmann PLLC
Nancy L. Rommelmann PLLC is a boutique law firm in the Memorial area established in 1985. She is a highly experienced, award-winning attorney who focuses on family law matters, including complex family law cases involving high net worth estates and contested custody cases. She has appeared in local media and been a monthly contributing columnist in several magazines for years covering the topic of family law.
Get in Touch
AttorneyNancyRommelmann.com // (713) 622-3000