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Austin Divorce & Family Law Lawyer | Attorney




A DIFFERENT KIND OF LAW FIRM…..


Why hire Kane | Varghese, you ask?

Because we care about our clients.

Our client’s problem becomes our problem.

We fight so that our clients’ voices can be heard.

We fight so that our clients’ stories can be told.

Walking with you, every step of the way.

Fighting fearlessly until justice is done!


Relentless in the pursuit of justice for our clients.


Walking with you every step of the way.



AUSTIN

512-705-1020

DALLAS

214-871-0800

HOUSTON

713-960-4418




SAN ANTONIO

210-880-5292

FORT WORTH

817-210-4247

ADDISON

214-871-0800





Welcome to the Premier Austin Family Law Firm

 



TYPES OF AUSTIN FAMILY CASES WE HANDLE




Austin Family Lawyers | Attorneys



A Divorce can be one of the most emotional experiences that a person can experience. Everything in your life and your entire future is affected by the numerous complex decisions you will need to make. These difficult circumstances make it even more critical to have an experienced Family Law Attorney | Lawyer to help with your legal questions about Divorce Law in and around Austin.



Austin Divorce and Annulments



In an annulment, the court is requested to void (null) the marriage. Voiding a marriage requires extenuating circumstances, such as the discovery that your spouse is a close biological relative, lacked legal age of consent, threat of force, or spouses are close biological relatives.


The main distinction of an annulment is that it can limit the ability of the party to share in the marital estate, or obtain spousal support.


A divorce has broader implications, in that it affects many different aspects of the couple's lives together (as well as agreements that will affect their future lives apart); these areas include the marital estate itself, spousal support issues, and the future custody and visitation of any children that may be involved.


Divorces and annulments can be emotionally draining, and an experienced family law attorney | lawyer can help make for a smoother transition into a separated life. We are experienced divorce lawyers who can help with child custody issues in a divorce, as well as any marital estate issues (including alimony and child support issues).


There are certain prerequisites to file for a divorce in Austin. The State of Texas requires that a person must have lived in the state for at least 6 months. They must have lived in the county in which they are filing for at least the previous 90 days. In addition to the residency restrictions and time-lines for filing the divorce, there is also a minimum waiting period of 60 days from the time the divorce is filed before the court will finalize and actually grant the requested divorce.


Once those requirements are met, it is usually possible for the court to grant a divorce. Since Texas is a "no fault" state, divorces in Austin are governed by State law, and it is not necessary for a person to prove that there was any type of fault on the part of the other person to have a divorce. Marriages can just simply "break down" to the extent that the core objectives of the institution of marriage are destroyed, and the marriage is no longer able to be preserved.


Divorce Proceedings exist to help rearrange certain factors of the life after marriage, and will include creation of a Parenting plan, and covers different facets of child custody issues after the divorce (including potential adoption of the child to another spouse if there is another marriage).



Requirements for an Agreed Parenting Plan



Parenting plans can be either a temporary court order or a final court order that helps set out certain rights and duties of the parents in regard to the parent-child relationship.


If there is a written agreed parenting plan that is filed with the court, then the court may render an order that appoints the parents as joint managing conservators, provided that the parenting plan meets certain requirements.


The parenting plan must be knowingly and voluntarily made by each parent and cannot be rejected by either of the parents by the time that the order is rendered. The parenting plan must also establish domicile restriction, or alternatively must state that there is not any domicile restrictions. The parenting plan must designate the parent who has the exclusive right to designate the primary residence of the child. The plan must also include provisions that help minimize certain disruptions to the child's own daily life activities, such as education, daily routines, and the child's friendship associations. The plan can also specify the duties of each parent in regards to the child's support, physical care, and education needs. The remaining rights of the parents can also be allocated in the plan and designated as joint, exclusive or independent rights.


If you have questions about an annulment or a divorce and need legal advice in or around Austin, please call one of the experienced family law attorneys at the Kane | Varghese Law Firm.



Factors That Affect Primary Parent Determinations Made by Texas Courts



In Texas, court will likely grant joint custody to both parents of the child. This is most often considered to be in the child's best interest. It is still necessary to have evidence to help prove which parent should be considered the primary parent. The court will inquire as to what living arrangements have been, who provides most of the primary care for the child, and which parent provides the majority of the traditional parenting activities (such as putting the child to bed, visits to the doctor or providing meals). There are also other influences considered in this determination, such as the existence of a pattern of violence (if there is any), the parents' work schedules, as well as their earning capacity. There might even be a court-ordered social study into the circumstances of the parents' homes and this evaluation can include inspection by social workers or psychologists, counselors or even other lawyers to help investigate the home situation. The court might also appoint an attorney which will represent the interests of the child (in the event that the court feels that the interest of the child is not being represented).


You might still have questions about child custody issues after or during a divorce proceeding. The experience of a family lawyer | attorney at the Kane | Varghese Law Firm can setup an appointment and we will answer your questions to help with issues in child custody, family law, and divorces in Austin.



After The Divorce



Child support issues, Alimony, and other situations to get an experienced family law attorney involved.



Child Support Issues in Texas



As in child custody, it is possible for parents to mutually agree to the terms of a child support arrangement. When the parties do not agree, then the courts use legal formulas to help calculate child support based on the income of the parents.



Alimony in Texas



There are limited circumstances in which Texas courts will allow alimony. The parties can agree to alimony. Generally, the parties must have been married for a minimum of 10 years, and the spouse seeking alimony must have insufficient assets and property to provide for their own basic, minimum and reasonable needs. The spouse must also not be able to support themselves which might be due to mental or physical disability. Alimony will not typically be for longer than 3 years.



Name Change Issues After the Divorce



There are circumstances which allow for a name change as long as the person requesting the name change is not under indictment, and has not been convicted of a felony. The change must also be beneficial to that person for some reason, and the request cannot be made if you are seeking to avoid creditors. You can still ask for a name change if you have been convicted of a felony but you must show that at least two years have passed since your discharge or your pardon, and your probation must be complete. If those requirements are met, then a name change might be granted but this is only through the court's discretion.



Adoption Issues After a Divorce



When a step parent wishes to adopt a child of their new spouse, you can get an experienced family law attorney | lawyer from the Kane | Varghese Law Firm to help. It can be a smooth process if the child's parents already agree to the adoption, and the ex-spouse should also sign an affidavit indicating that they agree to the child's adoption by the new spouse. Sometimes, a judge might have to intervene and will appoint an ad litem attorney on the child's behalf. Once all the circumstances and facts are understood, then a final decision can be made.


These are a few of the many different types of situations that a divorce lawyer in Austin can help with. Family law is a very broad, widespread legal area, and an experienced family law attorney at the Kane | Varghese Law Firm will be a tremendous asset. We are standing by to help with your family law questions, and would like to arrange an appointment to answer your questions and help you in your divorce or other Family Law case. Call now to speak with an experienced, passionate family law attorney | lawyer today.




ALL OFFICE VISITS BY APPOINTMENT ONLY


Kane | Varghese, A Professional Corporation, Austin, Texas


Kane | Varghese Law Firm, A Professional Corporation has principal offices in Dallas and Houston.


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THE KANE|VARGHESE LAW FIRM
A PROFESSIONAL CORPORATION

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Dallas, TX 75204

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Fort Worth, TX 76112

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AUSTIN

The Frost Bank Towers

401 Congress Ave., Suite 1540

Austin, TX 78701
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Addison, TX 75001
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HOUSTON

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Houston, TX 77002
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San Antonio, TX 78205
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