Denton County Attorneys for Family Law We Offer Unique and Effective Family Law Services
The Denton County family law attorneys at Kelley Clarke, PLLC have a unique and refreshing approach to the often turbulent and emotionally stressful disputes arising in the context of divorce, child custody and other Denton County family law issues. We handle these matters as Christians and in a way that honors God. When you are facing these difficult circumstances, you deserve knowledgeable and experienced representation to preserve and protect your emotional, physical, financial, and spiritual resources. You also deserve legal services that are consistent with your Faith.
Denton County Attorneys for Divorce
Divorce can be one of the most stressful and emotionally taxing times of a person’s life. The questions and ethical dilemmas facing the parties to a divorce are many. There are usually no easy answers, and that is why it is important to have an attorney that will give you Christian-grounded straightforward, knowledgeable and practical advice that will help you preserve your spiritual, emotional, and financial health.
Denton County Attorneys for Annulment
A suit for annulment is brought when there has been some legal impediment to the creation of a valid marriage. The legal impediment must have existed before the marriage as opposed to post marriage events in a divorce case. A marriage that is subject to annulment is a valid marriage until a party is granted an annulment at which time the marriage becomes void and is considered to never have happened.
Denton County Attorneys for Child Custody and Visitation
A conservatorship suit establishes who will make legal decisions for a child (legal custody) and have rights of possession and access to the child (physical custody). In Texas the courts must first consider the child’s best interests and consider Texas’ public-policy imperatives. Texas public policy is (1) to give a child frequent and continuing contact with parents who have shown the ability to act in the child’s best interests, (2) to provide the child with a safe, stable, and nonviolent environment, and (3) to encourage parents after separation and divorce to share in the rights and duties of rearing their children. The legal issues surrounding these legal concepts are complex and emotionally charged.
Denton County Attorneys for Child Support
Financial support for child can be a very contentious issue for families whether it is brought as an independent suit or together with another suit like a divorce, conservatorship, or parentage action. In Texas, there are four types of child support (temporary, current, retroactive, and medical) and many people find the technicalities and subtleties of the system confusing.
The purpose of a child support action is to obtain a Court order for either or both parents to provide financial and medical support for a child. In most circumstances, the support can be ordered until the latter of (a) the child reaching 18 years of age, or (b) graduating from high school. If the child is disabled, the court can order Child Support to be paid for an indefinite period.
Denton County Attorneys for Spousal Support
Spousal maintenance/support (sometime referred to as court ordered alimony) is a claim for periodic support payments from the future income of one spouse to pay for the support of the other spouse. In Texas, a spouse must establish one of the four statutory grounds for spousal maintenance (ten-year marriage, family violence, disabled spouse, or disabled child) and that the spouse lacks sufficient property to provide for the spouse’s reasonable minimum reasonable needs. Once you establish you are entitled to spousal maintenance the Court would need to set the amount, duration, and manner of the award.
Denton County Attorneys for Property Division
Marital property law governs the property rights of married people and the division of property in any given divorce can involve complex concepts of Community Property, Separate Property, Economic Contribution, and Reimbursement. This body of law also applies to Retirement Accounts, Corporations, Partnerships, and Governmental or Military Retirement, to name a few.
As a result, it is extremely important that you retain a lawyer who understands the rules and methods for determining the character of property, whether separate or marital (community), and how to apply the rules and analysis to determine the character of property to your specific items of real and personal property. You need to know how the property should be valued and ultimately divided after your property is properly characterized,
The division of the community estate is one of the two major portions of any divorce.
Denton County Attorneys for Modification of Court Orders
Certain orders are modifiable after a final judgment has been entered by a judge. The most common areas for post-judgment order modification include modification of custody (conservatorship), modification of visitation (Possession and Access), modification of child and/or medical support, and modification of spousal support. Each of these areas have specialized rules that govern the process for asking the court to change a previously made order, and it is critical for you to have an experienced attorney working for you.
Denton County Attorneys for Enforcement of Possession and Support Orders
There are several methods you can utilize to seek enforcement of a court’s prior order. For example, you can seek to enforce the order by contempt, clarification, or by reducing a financial support order to a specific money judgment amount. The method that should be used in a given case is generally driven by the language used in the order and how that language relates to what you want to accomplish/enforce.
Denton County Attorneys for Premarital (Prenuptial) Agreements
If you are about to get married, you probably have a lot weighing on your mind. The attorneys at Kelley Clarke, PLLC can guide you through the legal issues related to your marriage so that you can focus on moving forward with your life. A Premarital Agreement (a/k/a prenuptial agreement) is an agreement between prospective spouses that is made in contemplation of marriage and is to be effective on marriage. Premarital Agreements involve complex concepts, and the effects can be far-reaching and financially life-altering.
One of the most important features of a Premarital Agreement is that it can modify or eliminate spousal support. Since there is no statutory limit to the amount of temporary spousal support that the court can order during the pendency of a divorce, this one provision alone can save tens of thousands of dollars or more in certain circumstances.
Notwithstanding the broad range of matters that can be contracted for, however, a Premarital Agreement is not enforceable to the extent it purports to require any action in violation of public policy or any statute involving a criminal penalty and it cannot adversely affect a party’s child support obligation.
Once the parties to a Premarital Agreement are married, the agreement can only be amended or revoked by a written agreement, signed by both parties. Just like the original agreement, there is no necessity for consideration in the amendment or revocation.
Denton County Attorneys for Post-Marital Agreements:
A Post-Marital Property Agreement is an agreement between spouses altering their rights in separate property, community property, or both. Post-marital contracts usually control the distribution of assets or property in a divorce, but can also control many other issues that may be important to the particular couple, including temporary and permanent support, division of assets and debts, confirmation of separate and community property, or even who gets custody of the family pet.
Many people are familiar with prenuptial agreements, where fiancées predetermine the fate of important issues should their marriage unexpectedly end. Conceptually, post-marital agreements are the same, but the couple decides to make this agreement after they are already married.
Because of the important issues covered in post-martial contracts, and the potentially devastating results if abuse occurs, Texas law imposes strict requirements on postnuptial agreements. Some of the requirements are procedural, such as making sure the legal document has the necessary signatures and witnesses.
Trust Kelley Clarke, PLLC to provide you with thoughtful and insightful counsel and representation for all your family law needs. Contact Kelley Clarke, PLLC today to schedule your initial consultation and let us fight for you.