If you are like most Texans, nothing is more important to you than your family. However, this means the stakes can be terrifyingly high when legal issues emerge between family members. Issues such as divorce, child custody, and estate planning can cause dramatic realignments in your life and bring up overwhelming emotions. When going through these kinds of challenges, having an experienced and compassionate family law attorney in West Lake Hills on your side can help you get to the other side of the issue effectively and with grace.
At Smith & Bledsoe Family Law, we are passionate about serving Texans who face these types of challenges. We understand how to aggressively pursue a favorable outcome while keeping your unique needs and wishes in mind. You can feel confident when you have us as your safe anchor in the courtroom. Call us today or contact us online for a confidential consultation with a family law lawyer in West Lake Hills.
Practice Areas
The seasoned legal team at Smith & Bledsoe Family Law is equipped to represent West Lake Hills residents with all of their legal needs. We have extensive experience handling all types of cases, including the following.
Divorce
The breakdown of a marriage, or divorce, can precipitate overwhelming emotional, financial, and legal challenges. Understanding the divorce process is crucial to navigate these challenges effectively. The attorneys at Smith & Bledsoe Family Law have the experience and skills to help you overcome these challenges and pave your way toward a brighter future.
Texas residents are eligible to file a no-fault divorce if they:
- Have lived apart from their spouse for at least three years
- Personality conflicts or discord has rendered the marriage insupportable without a reasonable expectation of reconciliation
- One spouse has been confined to a psychiatric hospital for at least three years with little to no chance of recovering
In Texas, community property laws dictate that all assets and debts acquired during the marriage are viewed as jointly owned by both spouses. This can complicate the process of distinguishing between community and separate property, particularly regarding asset classification and division by courts, which may not always result in an equal distribution. Texas is a community property state, meaning that the unique rules of this framework impact how courts divide these assets, emphasizing factors that influence a fair division.
You may instead elect to file a fault-based divorce if your spouse has:
- Exhibited cruelty
- Committed adultery
- Been convicted of a felony
- Abandoned you
Consulting with an experienced Texas family law attorney can help you understand which option is most appropriate for your case or will best serve your interests. Our West Lake Hills family law lawyers can then provide the support and advocacy you deserve throughout each step of the process.
Child Custody
When a separating or divorcing couple shares minor children, the legal picture can become even more challenging. Family courts in Texas prioritize continuing and frequent contact between parents and children as long as each parent remains capable of acting in the child’s best interests and providing a safe environment. As such, the state encourages parents to share the responsibilities of raising their children.
Conservatorship (child custody) in Texas takes two forms: managing and possessory. A managing conservatorship permits parents to make the most critical decisions about their children’s healthcare, religion, education, and other key aspects of their lives. A possessory conservatorship gives a parent the right to have their children live with them. Each parent may petition for one or both forms.
Child Support
In most cases, the state assumes that the parent who does not live with the child will provide the custodial parent with child support. The Texas family code outlines how courts should generally determine how much the noncustodial parent should pay. The calculation is based on the custodial parent’s net income and the number of children the couple shares. However, the court can reduce the amount for a low-income noncustodial parent or increase it if their net monthly resources are in excess of a certain threshold.
Modifications to Existing Family Law Orders
While courts aim for sustainable terms when finalizing divorce agreements, circumstances often change in unpredictable ways. For example, if one parent loses a job or relocates across the country, you may need to modify the terms of your child support, custody, or spousal maintenance arrangements.
However, it is worth noting that courts will not generally accept a request to change certain aspects of an agreement unless three years have passed or a material change in circumstances has occurred. A knowledgeable Texas family lawyer can help you understand when you are eligible to seek a modification and support your petition if so.
Mediation Divorce
Mediation offers an option to couples who wish to divorce without the stress and expense of going to court. This form of alternative dispute resolution involves a neutral third party who helps the spouses resolve their differences in a creative, productive, and non-combative way.
In an uncontested divorce, both parties come to a mutual agreement on the terms of their divorce, which is then formalized by a judge, contrasting it with contested divorces that require court intervention to resolve disputes.
Although mediation is less time-consuming and involves less legal friction than going to court, working with a skilled divorce attorney remains necessary to protect your rights and fight for your interests.
Powers of Attorney
If you become incapacitated due to illness or injury, having a power of attorney in place can ensure that someone you trust can make decisions on your behalf. The most common powers of attorney include:
- General – Gives the agent broad authority to make legal and financial decisions on behalf of the principal.
- Limited or special – This arrangement gives the agent specific powers for a particular transaction or purpose, such as selling a property or managing a specific legal issue. It becomes invalid after the transaction or issue is complete.
- Durable – A durable power of attorney stays in effect if the principal becomes incapacitated or cannot make decisions.
- Springing – This form of power of attorney comes into effect only if a particular effect or condition occurs, such as if a doctor certifies that the principal has become incapacitated.
- Healthcare – If the principal is unable to make their own medical decisions, a healthcare power of attorney can do so on their behalf.
Special Needs Trusts
If you have a family member with special needs, Smith & Bledsoe Family Law can help you establish a special needs trust. This type of trust can protect your loved one’s access to funds for care and support while keeping them eligible for government programs such as Medicaid and Supplemental Security Income (SSI).
Enforcement of Existing Family Law Orders
If your former spouse refuses to comply with a court order relating to your divorce, we can help you fight for what you deserve. We can help you get a court order enforcing your divorce stipulations.
Protective Orders and Restraining Orders
Our attorneys understand how devastating it can be to be the victim of domestic violence. If you or your children are in danger, our team can help you file for a protective order to keep you safe.
LGBT Family Law
While members of the LGBT community have the same legal rights as everyone else, they often struggle to find legal support they can count on when facing a family law issue. Our team will fight for your rights and shield you from discriminatory behavior.
Adoptions
Growing your family through adoption creates joy and fulfillment, but the legal process can seem daunting. Our attorneys handle all necessary documentation of the adoption process, whether you’re pursuing a private adoption, stepparent adoption, or international adoption.
Family Law Appeals
If you believe the court made an error in your family law case, you have the right to appeal the decision. Our attorneys have extensive experience with appellate law and can review your case, identify grounds for appeal, and present compelling arguments to the appeals court.
Alimony
Texas courts consider various factors when determining spousal maintenance, including the duration of the marriage, each spouse’s earning capacity, and contributions to the marriage. Our experienced family law attorneys help you understand your rights regarding spousal support and work to secure fair arrangements that protect your financial future.
Guardian Designation
Selecting a guardian for your children or an incapacitated family member requires careful consideration. We help you evaluate potential guardians, understand their legal responsibilities, and formally designate them through proper documentation.
Arbitration
When litigation proves too costly or time-consuming, arbitration offers an alternative path to resolve family law disputes. Our attorneys represent your interests effectively in arbitration proceedings while helping you maintain control over the outcome of your case.
Premarital Agreements (Prenups)
A well-crafted prenuptial agreement provides clarity and protection for both parties entering marriage. We help you create comprehensive agreements that address property division, debt allocation, and other financial matters while protecting both parties’ rights.
Postmarital Agreements (Postnups)
Couples sometimes need to modify their financial arrangements after marriage. Our attorneys help you create post-nuptial agreements that clearly outline property rights, debt responsibilities, and other financial matters while ensuring both spouses’ interests receive fair consideration.
Estate Planning
Proper estate planning gives you control over your legacy and provides peace of mind for your family’s future. We help you create comprehensive estate plans that protect your assets and ensure your wishes receive proper consideration after your passing.
Wills and Trusts
Our team helps you create robust wills and trusts that protect your assets and provide for your loved ones. We guide you through options such as revocable living trusts, testamentary trusts, and other estate planning tools that serve your specific needs and goals.
High Asset Divorce
Complex financial portfolios require special attention during divorce proceedings. In Texas, ‘separate property’ refers to property acquired before the marriage or received as a gift or inheritance during the marriage, and proving its separate status is crucial to prevent it from being divided by the court. Our attorneys have extensive experience handling high-asset divorces involving business valuations, investment portfolios, real estate holdings, and retirement accounts.
Advanced Directives
We help you create clear instructions for your medical care should you become unable to make decisions for yourself. Our team ensures your advanced directives comply with Texas law while accurately reflecting your wishes regarding medical treatment.
Name Changes
Whether you seek a name change after divorce or for personal reasons, our attorneys handle all necessary documentation and court appearances to make the process straightforward and efficient.
Contact Smith & Bledsoe Family Law Today
Family law matters require experienced, compassionate representation from West Lake Hills family law attorneys who understand Texas family law. Effective legal strategies are crucial in navigating complex family law cases. At Smith & Bledsoe Family Law, we combine extensive legal knowledge with genuine care for our clients’ well-being. Our team has extensive experience in handling family law cases and is ready to help you overcome your legal challenges and move forward with confidence. Call our law firm today at (512) 277-3166 or complete our online contact form to schedule your confidential consultation with a West Lake Hills family law attorney.