Family Law in Beaumont, Texas – What You Should Know
Family law encompasses a comprehensive field of legal regulations and proceedings with dedicated judicial procedures, prescribed by individual states. As a general principle, state courts are assigned the jurisdiction to establish legal standards applicable to the various issues arising out of marriage and family relationships that are filed in their court systems. Accordingly, the statutes governing family law vary from state to state and will be unique to each particular judicial environment. The Texas Family Code is codified law in the State of Texas applicable to family law and divorce matters.
There are a myriad of issues which may underlie a family law action. Some of the more common types of cases include: suit for divorce; child custody issues – specifically who has legal custody or physical custody (children are often referred to as legal subjects of "conservatorship" , "possessory conservators" or "joint conservators" in Texas statutory law); child support; grandparent’s rights; enforcement actions for divorce decrees and/or child support orders; contempt actions/revenues; modification of final orders; adoption; and termination of a parent/child relationship. Family law encompasses issues related to spousal maintenance and support; discovery of financial information; asset and liability valuation; division of assets, liabilities and property; juvenile court, adoption and termination of parental rights; paternity actions; analysis of community and separate property interests; and modification of prior family law orders.
Characteristics of a Great Family Law Attorney
When searching for the best family law attorney in Beaumont, Texas, certain key qualities and credentials can help ensure you make a great choice. For many clients, experience is at the top of the list. You want an attorney who is not only well-versed in family law but also has plenty of experience representing this particular type of client. When it comes to family law cases involving complex assets or children, you need an experienced attorney at your side from start to finish. Equally important is the need for specialization. As the name suggests, family law cases are complex, requiring an attorney that specializes particularly in this type of case. Yet specialization will only get you so far—you also need an attorney that has a strong track record of success in a high degree of family law cases. The best family law attorneys will have a record of successful settlements, trial verdicts, and client recommendations that speak to their expertise in family law.
Tips to Find a Good Family Law Attorney
Once you have researched Beaumont family law attorneys and found several to choose from, it is time to compare and filter through them until you find just the right fit for you. To get started, you need to set up initial consultations with multiple lawyers. Many lawyers are more than happy to meet for an initial consultation or a free 30-minute consultation, and many will even come to your home if you are unable to travel. Do not be discouraged if the firm you are interested in does not offer free consultations. Simply contact them to inquire about additional consultation fees. During the initial consultation, be sure to ask any questions you may have about the firm or the associated attorneys. Each question you ask will help you gather important information you need to properly vet the firm, so do not be afraid to ask questions. You should also pay attention to how the staff treats you while in the office. If the staff members are rude or argumentative with you, chances are they will be rude or argumentative with anyone else they interact with, as well. You want a firm that treats its clients and potential clients with respect and professionalism. After doing some research, you will have made a shortlist of firms you are interested in hiring, and you probably have a favorite by now. Next, it is time to read client reviews. Take the time to read carefully through testimonials and case results, paying particular attention to those cases that are similar to yours. Look for client reviews on legal websites, like Martindale-Hubbell and others, rather than just the firm’s website. This will give you a more unbiased representation of the firm and its services. If you cannot seem to find any reviews or testimonials of a specific firm, you might want to reconsider hiring them. The last step in vetting a potential family law lawyer is to compare prices. How much will the firm charge you for the services you are interested in? Are there any additional costs or fees you need to know about beforehand? Be wary of lawyers who do not agree to contracts or cannot provide you with estimates for their services. Also, be cautious of very low rates, as this could indicate that the firm’s lawyers do not value their own services and may not have the necessary experience or education to handle your case properly. Once you have chosen your preferred firm and the lawyer you would like to work with, you will need to sign a contract with your Beaumont family law attorney. It is important to have an attorney you can trust and feel comfortable with—one that respects you and genuinely cares about your family law case.
Common Issues in Family Law Cases
Clients in Beaumont face several common challenges during their family law cases. Emotional stress is a predominant factor in many of these cases, which can be exacerbated by protracted litigation. Multiple court appearances, such as in the case of a contested divorce or child custody and visitation matters, only add to the stress. Further, if a case is highly contested, meaning that both sides refuse to budge on a particular matter, both parties might spend a significant amount of time in court.
Procedural issues can also slow down a case . For example, if one party at a hearing is ill-prepared, the other party must arrange for a continuance in order to properly present his or her case. This can extend the case even further by possibly requiring a second court appearance.
Local family law rules can also present complications. For example, one family court judge may impose strict adherence to certain deadlines while another judge may not. Then again, the application of the family court’s scheduling order can vary with each particular case.
Mediation in Family Law Matters
Mediation has become an integral part of resolving family law cases not just in Beaumont but across the state of Texas. In fact, the family courts in Southeast Texas have a powerful interest in using mediation in contested cases as a valuable tool to promote the resolution of pending disputes. So what is mediation? Well it is really just a form of alternative dispute resolution that is utilized by a neutral third party who is commissioned (i.e. certified) by the State to help facilitate and promote the settlement of issues. As you might expect there are a lot of rules and procedures associated with mediation. For example, in the case of a divorce or other child welfare matter the litigation is automatically abated (i.e. stopped from proceeding) for two (2) weeks beginning on the FIFO date. The FIFO date is the First In, First Out date which is in play when one of the parties files a motion requesting the case be abated in order to go to mediation. In sum, mediation is a bit formal and there is a period of waiting that makes getting there a little onerous.
So what are the benefits to mediation? Well, since we all know that litigation in the family courts can be deadly- and I mean that literally- mediation can save you some grief and even save your case from getting to that point. If any contested matter can benefit from using mediation, we strongly suggest you utilize it as a major instrument to settle your pending disputes. In other words, our Beaumont Family Law Team believes that mediation is too valuable a tool to ignore. Our clients have found mediation to be extremely valuable in resolving matters regarding child custody, support, and even the division of assets during divorce proceedings. We almost always request an order of referral to mediation during the outset of any contested proceeding so we can get ahead of the game. And our clients appreciate having the leverage that mediation brings to the table at the earliest possible time.
Importance of Local Knowledge
Completing the family law puzzle requires more than just a good working knowledge of the law, it also involves the ability to predict what will happen in a particular case. That art is tempered by experience at the courthouse and with the judges before whom you will be appearing. Additionally it is critical that your family law attorney understands how to frame the issues based on the information currently known to be most important to the judge.
The Beaumont attorney most familiar with local laws , judges, and procedures will have an advantage in helping you find solutions to your family law problem. It is important to engage the services of a family law attorney with significant experience in Southeast Texas because those experiences help the attorney anticipate potential issues and recognize when a solution or settlement offer must be evaluated.