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FAQ Wills, Trusts, Special Needs

Houston Heights FAQ

  • Q:Why do I need to hire an attorney in my divorce if the judge is just going to split the property down the middle?

    A:Texas is a community property state. This means that the law says community property must be divided in a just and right manner by a judge in a trial. However- did you know that most divorce cases don’t make it to trial? Rather, they settle in mediation where you and your spouse will be the ones to determine how the property will be divided. If you are unprepared to appropriately divide your property between community and separate, negotiate on the terms of a retirement plan split and have no idea how to protect yourself in the event your spouse wants to stay in the family home, you should consider speaking to one of our experienced family law attorneys.

  • Q:My sister-in-law is a lawyer and she said she’d take my case for free. Should I do it?

    A:While we are sure your sister-in-law is a generous person, she may not be the right lawyer to handle your divorce case. Unless she has helped people in divorces before she is not what we would call an experienced family law attorney. Just like any other area of the law, family cases have their own issues and processes that require a well-trained attorney to handle. Think of it like hiring your Uncle Charlie, fresh out of real estate school, to sell your house. It’s a risk. With your kids and your finances at stake, we would tell your sister-in-law thanks but no thanks. Afterwards, come talk to the Law Office of Bryan Fagan.

  • Q:How do I know that you all will return my phone calls if I hire you?

    A:Communication with clients is the foundation of the attorney-client relationship. Mr. Fagan emphasizes how important it is for our lawyers to be diligent and constant communicators with our clients. Family cases are unique. It’s not as if you can leave your case at the office and come home to forget all about it. Your case hits you in the face as soon as you walk through the door once you get home. We appreciate that and respect everything that you have been through. Our attorneys work to develop specific times to discuss cases with specific clients, if necessary. Talk with your attorney about your expectations on communication early on and we will aim to meet and exceed them.

  • Q:How long can I expect my child custody case to last?

    A:Child custody cases can vary in length. Depending upon whether you and your co-parent can reach a settlement on the issues of your case your time spent on the case itself can be quite short. On the other hand, if the issues are complicated or if there is little middle ground to negotiate on then you may be looking at a rather long case. Each family’s case is different. The great thing that the Law Office of Bryan Fagan offers are free of charge consultations for potential clients. Come ask one of our experienced family law attorneys about your circumstances to learn more about how long your case may take to complete.

  • Q:I don’t want to get divorced, but my spouse does. Can she divorce me without my consent?

    A:Yes. In the world of divorce in Texas it only takes one spouse to move forward with the divorce. On top of that, she doesn’t need to specify a reason for the divorce. This is known as a no-fault divorce. If you are wanting to work through the issues of your marriage, then you can attempt to do so. However, once your spouse has filed the paperwork for divorce you are better off participating in the process rather than letting her determine the outcome of the case via a default judgment.

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