Family Law

Family Law Attorney in Fort Worth

Prenuptial Agreements

Often knows as “prenups” or premarital agreements are enforceable agreements made between prospective spouses made in contemplation of marriage and become effective when the marriage takes place.

The agreement must be in writing a signed by both parties. The agreement may involve property, spousal support, or any other matter not in violation of public policy or statute.

There are a number of defenses to enforcement including: voluntariness, unconscionable agreement, a party to the agreement was not provided a fair and reasonable disclosure of the property or financial obligations of the other party, or a lack of adequate knowledge.

Post Marital Agreements

As the name suggests, these are agreements made by spouses after the formation of marriage and often deal with the partition or exchange of community property, the income or property derived from separate party, the conversion of separate property to community property.

Post marital agreements are also enforceable with similar defenses to enforcement found for prenuptial agreements.

We help construct agreements that meet your expectations and are constructed to support enforceability.

Uncontested Divorce

Uncontested divorces, also known as ‘no-fault’ divorces, are best suited for parties that are in general agreement and want a peaceful divorce.

A party to the divorce must have resided in Texas for at least 6 months and be a resident of the county in which the divorce is filed for at least 90 days.

After the suit is filed a party can waive the issuance or service of process by doing so in from of a notary public.

Alternative dispute resolutions, or mediation, can be utilized to settle any areas of contention that may exist.

Usually a judge will do a “prove up” to be sure all parties agree to the terms set forth in uncontested divorce, if however, a party does not sign an agreed divorce, but instead files an answer to the petition for divorce, or does not sign an agreed divorce and fails to file an answer, the divorce is no longer agreed and initial disclosures are required by the parties.

A divorce cannot be granted before the 60th day after the suit was filed, with few exceptions.

We can help spouses seeking an uncontested divorce maneuver through the process to ensure the divorce is granted as quickly and as peaceful as possible.

Private Adoption

With the recent changes in the abortion laws, we believe the need for private adoptions will increase.

Adopting a child is a multistep process that first terminates the parental rights of biological parent(s) and establishing the parental rights of the adopting parent(s). However, both the termination and the adoption can be joined in single petition.

A suit for the termination of rights may be filed before or after the birth of the child. The adoption can be an ‘open’ adoption, giving the biological parent(s) certain rights, or ‘closed’ limiting post termination contact between the child and biological parent. Court files regarding the termination may be ‘sealed’.

Adoptions cannot be denied or delayed because of race, ethnicity, or orientation or either the child or the adoptive parent(s).

An order of adoption creates the parent-child relationship between the adoptive parent(s) and the child(ren) for all purposes. The adoptive parent(s) are legally substituted in toto for the biological parent(s).

Let us help you navigate the legal requirements in order successfully adopt a child or children! Contact Attorney Brown today.

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