Galveston, Texas Family Law Attorneys in Galveston County

What is Family Law in Galveston, Texas?

Family law in Galveston, Texas, is dedicated to assisting individuals with legal matters related to family relationships. It encompasses a broad range of issues, providing support and guidance to families with care and compassion during challenging times. Key areas of family law include divorce, child custody, child support, adoption, paternity, and fathers’ rights.

Given the emotional and stressful nature of these cases, the attorneys at Stange Law Firm are committed to helping you navigate these complex legal processes. Family law covers various important topics, including:

Dissolution of Marriage in Galveston, Texas

The dissolution of marriage is the legal process of ending a marital relationship. In Texas, when a couple decides to dissolve their marriage, one spouse must file a petition for dissolution with the court to initiate the process.

Texas allows for a “no-fault dissolution,” meaning the petitioner does not need to prove misconduct or place blame on the other party—only that the marriage is irretrievably broken. However, while fault is not required, it can impact key aspects of the case, such as alimony, property division, and child support. Common factors considered in a dissolution case in Galveston include insupportability, separation, institutionalization, cruelty, adultery, felony conviction, and abandonment.

Dissolution is Civil Litigation in Galveston, Texas

Dissolution cases in Galveston are heard in the Galveston County Civil Court. Similar to other civil litigation matters, both parties work with their legal counsel to gather evidence through depositions, interrogatories, and subpoenas. Mediation may also be an option if both parties agree, and alternative dispute resolution methods, such as the collaborative process, can be utilized to reach a settlement.

In many cases, dissolution matters are resolved before reaching trial. However, if disputes arise over key issues—such as contested matters or high-value assets—the case may proceed to trial for a final resolution.

Alimony and Spousal Support in Galveston, TX

Under specific conditions, Texas law permits spouses to request financial support during a dissolution. It’s important to distinguish between alimony and spousal support under Texas law. Alimony refers to ongoing monthly payments from one spouse to another, while spousal support is temporary financial assistance intended to help the receiving spouse become self-sufficient.

To receive spousal support, certain eligibility requirements must be met, and the court will consider factors such as the length of the marriage, each spouse’s financial situation, and their ability to provide for themselves post-divorce.

Pre and Postnuptial Agreements in Galveston, Texas

A prenuptial agreement is a legally binding contract created before marriage, outlining each partner’s significant property and debt. These agreements can vary in length, from a few pages to extensive documents, depending on the complexity of the assets involved. Our firm tailors prenuptial agreements to meet your specific needs.

However, Texas law prohibits certain provisions in prenuptial agreements, such as terms related to child custody, support, visitation, illegal activities, or unfair financial arrangements. Additionally, factors like coercion or involuntary signing can render an agreement invalid. Consulting with our Galveston attorneys ensures that your prenuptial agreement is legally sound and comprehensive.

A postnuptial agreement functions similarly to a prenuptial agreement but is created after marriage to establish financial arrangements between spouses.

Child Custody in Galveston, TX

Child custody is often one of the most emotionally charged aspects of a dissolution case in Galveston. In Texas, custody is legally referred to as “conservatorship.” Generally, both parents are designated as joint managing conservators, meaning they share decision-making responsibilities for their child’s well-being. The primary managing conservator is the parent who has physical custody of the child for the majority of the time.

If one parent is awarded sole conservatorship, the other parent becomes the possessory conservator. While they retain parental rights, they do not have the authority to make final decisions regarding the child. Courts may grant sole conservatorship in cases involving domestic violence, substance or alcohol abuse, child abuse or neglect, or abandonment.

Legal and Physical Custody in Galveston, Texas

Texas generally favors both parents being designated as joint managing conservators, meaning they share decision-making responsibility for their children on important matters such as education and healthcare. However, this does not necessarily mean that the children will spend equal time with both parents. In most cases, the children will primarily reside with one parent, known as the custodial parent, while the other parent is considered the non-custodial parent.

In some joint conservatorship arrangements, factors like the child’s school district or county may determine where the child lives, and neither parent may have the authority to make that decision.

Child Support in Galveston

Texas law requires both parents to financially support their children, regardless of whether a court order exists. However, courts may order one parent to pay child support to the other, with payments beginning once the judge signs the order. In certain cases, the court may also order retroactive child support, commonly known as “back” child support.

Child support in Texas is calculated based on specific formulas and guidelines. Typically, the support amount is determined as a percentage of the obligor’s (the non-custodial parent or possessory conservator responsible for payments) net income, after accounting for the following deductions:

• Social Security taxes
• Federal income tax (calculated based on the tax rate for a single person claiming one personal exemption and standard deductions)
• State income tax
• Union dues (if applicable)
• Health insurance expenses for the children (if being withheld)

After determining the net income, Texas courts apply a percentage based on the number of children involved in the case to calculate the total child support amount.

Abuse and Neglect Proceedings in Galveston, Texas

In Texas, child abuse laws make it a criminal offense to physically, emotionally, or sexually abuse minors. The law also mandates that anyone who knows or suspects abuse must report it to the appropriate authorities. This reporting requirement applies to all individuals, including those with privileged communication, and is not limited to teachers and healthcare professionals.

Child abuse in Texas includes actions that cause or fail to prevent mental or emotional harm that negatively impacts a child’s growth or psychological well-being, physical injury resulting in substantial harm or inconsistent with the given explanation, sexual abuse or exploitation, and the use of controlled substances that cause mental or physical harm to the child.