Cypress Family Law Attorneys
When people think of family law, divorce often comes to mind. This is a significant part of the practice, and it concerns many. At The Law Office of Bryan Fagan, PLLC, we have the skill and knowledge to represent through a troubling divorce in Cypress. We are there to help, guiding you through every aspect of the divorce process.
Representing Your Interests in Texas Divorce Court
In a divorce, Texas operates on a “community property division” model. Essentially, this model divides property equally among the spouses, 50/50. Some assets cannot be divided, such as a home or a car. In that case, courts have many options to make the split equal. They can ask the person who keeps the home to pay half of its amount to the other spouse. The house could be sold, and each person is given half the earnings. One person could give up other tangible assets such as jewelry until an equal divide is achieved.
Property division, however, is not always exactly equal. According to Texas law, judges have a wide latitude to distribute property according to what they deem “just and fair.” This could make property division more “equitable” and less “equal.” Sometimes, judges will bypass splitting property equitably, and they will use spousal support to balance what they believe is fair.
At The Law Office of Bryan Fagan, PLLC, we work hard to help you receive the assets you deserve. Sometimes an equal split is the fairest choice, and sometimes an equitable split is more reasonable. We work closely with our clients, assessing their needs. Our legal team can represent your best interests in court.
Texas uses the SPO (Standard Possession Order) to make custody decisions. It is a detailed form, assigning exactly who has the children on which days. Holiday schedules are included, as are weekends and parent-specific holidays such as Father’s Day and Mother’s Day. Major holidays, such as Christmas, alternate custody from year to year. Trust our firm to help negotiate a schedule that benefits everyone, parents and children alike.
Sometimes major holidays happen on a weekend, and sometimes they fall during the week. Shifting holidays can disrupt predetermined agreements. For example, one parent is scheduled to have the children for Christmas, but it falls on a weekend when the other parent has custody. When this happens, parents may invoke the “superior right of possession,” where one parent overrules the custody of another. This can, understandably, cause conflict. If you are having trouble with the other parent recognizing your right to custody, allow us to step in and help.
Sometimes, life demands modifications of the SPO. For example, if one parent moves 100 or more miles away, they are officially labeled as a “long-distance” parent. The original obligations of your SPO can no longer apply in this scenario. Our firm can help you renegotiate the terms of your agreement, creating a custody schedule that works within a new family paradigm.
Domestic violence has a dramatic impact on divorce. Judges will use abusive behavior to make their “just and fair” determinations. They may award a victim more property when dividing assets, or they can order a greater amount of spousal support. If the children were victims of or witnesses to abuse, courts can demand a larger amount of child support.
These accusations are serious on both sides. At The Law Office of Bryan Fagan, PLLC, we are sensitive to all aspects of this issue. If you have been the victim of abuse, we will hear your story and offer you clear guidance. We may be able to grant you a protective order against your abuser. If you have been falsely accused of domestic violence, we can help gather evidence, working to demonstrate your innocence in court.
The Law Office of Bryan Fagan, PLLC can assist in most matters of family law, including:
For excellent help and guidance through a trying divorce, trust our firm. Call us today at (281) 810-9760.
Estate Planning Attorneys in Cypress
Estate planning helps you manage your property for the future. Eventually, you will be gone, and you will leave your assets behind. Often, people assume that estate planning is only for the wealthy. This is patently false. There are people who can benefit from your property, even if it is modest. That benefit is not always financial. Items that have no monetary value may have priceless sentimental value.
With a will, you can leave any property you wish to anyone you want. It can be a family member or a close friend. Blood relationships are irrelevant. Distributing property can be as broad or as specific as you choose. You could stipulate that all your property goes to one person, leaving no room for confusion. Alternatively, you could leave a single, valuable baseball card to a friend.
Without a will, your assets will fall into intestate succession. In this process, the state distributes your property to your next closest relatives. There is a chain of recipients, depending on who is in your family. For example, if you have a spouse, they receive all your assets. If you have children, your assets are split between them and your spouse. Without a spouse or children, assets go to your parents, and so on. Creating a will ensures that the correct people will receive the correct property.
Wills can be contested. You need a skilled law team that can make sure your will is impenetrable, free of misinterpretation. At The Law Office of Bryan Fagan, PLLC, we can help craft sound legal language for your will. With our experience, we can see potential problems and help you avoid them.
Powers of Attorney
Sometimes, you need to relinquish control of your assets during your lifetime. You could suffer an incapacitating event, making you incapable of sound decision-making. This is why, as part of your estate planning, you can give power of attorney to a trusted individual. This person can make decisions regarding your healthcare and finances. They can work with your doctors, buy and sell property in your name, sue on your behalf, and much more.
Granting power of attorney is a decision that cannot be made lightly. Our firm can help guide you through this process. We can help you choose a person who is willing and able to take on this responsibility. We can even help you check their history to make sure they can be trusted. Our legal team can put limitations on this person’s power, and we can create stipulations that will transfer power to another person if necessary.
Our team can work with you on several areas of estate planning, including:
Contact us today for all your family law and estate planning needs in Cypress. You can reach us onlineor call us at (281) 810-9760.