By the Family Law Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

At Smith & Garg, LLC, we understand that family law and marital discourse can be very stressful and become quite complicated. We are experienced attorneys in the family law area and we are prepared to assist you through any familial or marital issues you may be experiencing.  Whether you are considering divorce and need assistance in devising a plan, have been served divorce papers, are dealing with child custody issues, or need assistance with complex property divisions, we will work diligently to resolve matters and to protect your interests in the most efficient manner possible.

To provide you with the most competent representation, we remain up-to-date on the constantly changing Texas laws regarding family law.  Our broad base of knowledge covering tax and commercial law and the laws affecting retirement and military benefits complement our family law practice which puts us one step above other law firms.

Whenever possible, we embrace alternative dispute resolution methods such as mediation and arbitration.

FAMILY LAW Cases

At Smith & Garg, we have experience in a multitude of family law areas, including but not limited to the following:

• Divorce: Divorce terminates a marriage contract between two people. Legally speaking, divorce allows each individual the legal right to marry someone else. Additionally, it divides the couple's assets and debts, as well as determines the care and custody of their children.

• Annulment: Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date. In strict legal terminology, annulment refers only to making a voidable marriage null.

• Separation: Legal separation is a possible step towards divorce. A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation as sometimes simply living apart does not necessarily constitute separation for these purposes.

• Child Support: Child support or child maintenance is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children stemming from a relationship or marriage that has been terminated. In family law, child support is often arranged as part of a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union.

• Child Custody & Visitation: Child custody must address both physical custody, or the rights and responsibilities regarding the day-to-day care and activities of children and legal custody, or the legal rights and responsibilities associated with the child's upbringing. Sometimes, the couple will agree to an arrangement and sometimes the court will determine one for them. More and more, courts are favoring joint ongoing child rearing responsibilities, with the children residing where it serves their best interests. Often, courts use custody evaluations performed by an outside expert to help make this determination. Except when parties agree otherwise, courts often impose standard visitation and custody orders. A typical visitation schedule allows a non-custodial parent to see the children at least one night a week and every other weekend and some portion of school and summer holidays.

• Property Divisions: Texas is a community property state which means equitable distribution. The equitable distribution system considers all the assets and earnings accumulated during the marriage to be marital property and thus courts will divide them equitably. However and equitable division of property does not necessarily mean an equitable result.

• Alimony: Alimony, also known as spousal support or maintenance, is financial support paid by one spouse to another.

• Modifications: Once custody has been established whether it is through agreement or whether it was through a court order, parents may wish to modify the established arrangement if they cannot agree to a change. For this to happen, the parent seeking the modification must show a substantial change in circumstances to warrant a modification of the original agreement.

• Paternity Suits: In law, Paternity is the legal acknowledgment of the parental relationship between a father and his child usually based on biological factors, but sometimes based on social factors. Where paternity of the child is in question, any party with an interest may ask the court to determine paternity.

• Injunctions/Restraining Orders: An injunction is an equitable remedy in the form of a court order whereby and individual is required to act or to refrain from acting. If the individual fails to comply with the injunction, he/she faces civil damages or criminal contempt of court. A restraining order is a type of injunction.

• Guardianships: A legal guardian has the legal authority and responsibility to care for the personal and property interests of another person, called a “ward”. Typically, a guardian will be appointed when the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability.

• Prenuptial & Marital Agreements: A prenuptial agreement is a contract that is entered into prior to marriage, which has various provisions, such as how property should be divided in the event of a divorce, or what support obligations should be in the event of a divorce, etc. A marital agreement is the same type of contract which is entered into during the marriage.

If you or someone you know is need of family law services, please do not hesitate to call Smith & Garg at 281-210-0010 for a consultation today or use our Contact Form.