Month: January 2019
Aspects of Family Law practiced by a Dallas Law Firm
Matters of the dissolution of marriage and all aspects of conservatorship and child support are aspects of Family law that requires a lot of expertise.
There are, however, many other parts of family law where expertise is require. Areas such the grandparent’s rights in divorce, the relocation of the children, Alimony, Premarital agreements and the validity of post marital agreements are some of these.
Pre- and Post marital Agreements.
In a Prenuptial agreement the parties intending to get married lay out the rights and duties of each spouse in the contract of marriage. To be enforceable they have to be signed prior to the actual nuptials taking place. There is no set format for a prenuptial agreement and the terms may vary dramatically depending on the circumstances of the parties at the time. Because of the long term possible effects of hastily signing such an agreement both parties are strongly advised to get legal representation to clearly spell out the significance of the terms. Experts in representing their clients in the drawing up of prenuptial agreements should be appointed to ensure that any pre-nuptial agreement is just and fair.
Post nuptial agreements tend to be more difficult to enforce in the courts. Nevertheless, if the marriage is in trouble or going through attempts to reconcile a post marital agreement may be entered into to outline what will happen in the event of a divorce. Experts at handling such matters should be appointed..
Spousal Maintenance (Alimony).
This is uncommon in Texas and only possible in a very limited set of circumstance where a marriage of over 10 years duration ends in divorce and the other party was guilty of a judgment of domestic violence within 2 years of the divorce. In these circumstances Spousal maintenance is possible and nn experienced attorney with lots of experience in Family Law matters should be found to advise their clients and represent them in hearings.
The dissolution of a homosexual relationship.
Single sex marriages are not recognized by the State of Texas. Nevertheless it has now become possible for partners to contract with each other. In the drawing up of the contract of cohabitation and the winding up thereof it is advisable to have family law attorneys with experience and expertise in these matters.
Child Relocation.
If the conservator needs to relocate away from a place where the non custodial parent can no longer easily exercise their visitation and parental rights a whole lot of issues come into consideration. Legal representation is vital in either case and an experienced and competent family law firm should be appointed. In any event it is the requirement of the moving parent to return to court to apply for a relocation amendment. The judge may or may not grant such a request or may do so adding costs to be borne by the relocating parent because of the additional expense of maintaining a parental relationship with the child.
Dallas Family Law Attorneys with skill and expertise in these fields may be appointed to ensure that the rights of each individual are cared for.
Attitudes to family, marriage and divorce have changed over the last century. Here we look at how different aspects of family life are seen compared to the past.
Marriage
In the past people married at a much younger age on average than they do today. Marrying in your late teens or early twenties was the norm. Most people got married as this is what was expected of you, and people rarely considered not doing so.
Many fewer decide to marry these days. Many make the conscious decisions not to as they prefer to remain more independent. This can be the case for both genders. Some would argue that people wait to meet the right person now, whereas before they would marry the first person who came along.
Living Together while not Married
In the past it was not socially acceptable for unmarried couples to live together. It was seen as wrong and was therefore extremely rare. It is possible that this contributed to early marriage.
Unmarried couples living together has almost become the norm now. Many decide to see how they get along living together before they decide to marry. It is also common for couples to live together, and possibly have children, without ever getting married. They live the same way as a married couple without ever making it official.
Children
It used to be rare for people not to have children. Most people would conform to a very specific lifestyle, marrying young and having children soon after. Hardly anyone had children before marriage, and it was even rarer for people to do this by choice.
Nowadays it is not uncommon at all for people to have children without being married and this is not seen as a big issue by most. Sometimes parents live together as a family with their children without being married, while others are single parents. Not everyone decides to have children either. It is no longer seen as something you must do so it has become more of a choice.
The Role of Women
A hundred years ago, the role of women was very specific. They were expected to marry, have children, and not work. Their role was to look after the home and their children while men went out to work.
Womens role in family life, and life in general, now depends on the individual person and her circumstances. Many still crave the traditional lifestyle of marriage and children, but many make other choices. There are many more career women; some are working parents while others dont have children at all. The role of men is also less rigid, and it is much more common than it used to be for Mothers to go to work while Fathers stay at home.
Divorce
Divorce was once illegal so wasnt an option at all. Even once it did become legal it was rarely considered and was deemed a sin by many.
Now it is much more common for a variety of reasons. Attitudes have completely changed and divorce is seen as perfectly acceptable for those in an unhappy marriage and there is no longer the same stigma attached to it. Although some think of the increase in divorce as a negative, it could be argued that it is better than remaining unhappy. It is also practically easier with family law having changed to make it easier for those seeking a divorce.
Andrew Marshall (c)