Family Law

Family Law FAQs

Do you have questions about divorce, parental rights, domestic violence, or other family law matters? When it comes to legal issues in family law, we don’t joke with it, we take them as our utmost priority. It is normal that these kinds of cases can make anyone scared or anxious because they have to do with decisions that brings about significant changes in their life. If you know about the facts and process in your family law matter, the more comfortable you will be knowing you are taking the right steps to protect yourself and your children.

Below are some of the frequent questions directed to our attorneys by individuals with divorce and other family law matters. In case you think you need to speak with an attorney, or you have other questions relating to your marital or domestic situation, don’t hesitate to put a call through to Jaime Alvarado & Associates at 915.852.0500. We are here for you and we will gladly answer your questions and tell you everything about how we can be of help to you with your family law issues in Texas

Can I get divorced without a fight?

Certainly and it’s easy. You and your spouse can negotiate and reach a consensus about your divorce without fighting or with the slightest contacts with the courts. We are able to represent you in direct negotiations with your spouse and his or her attorney or if you like, we can help you through a formal mediation. You can also harness the option of a collaborative law to settle your divorce.

Whatever the situation may be, we will provide you with a written agreement that settles every of your divorce issues, including division of the property, child support, alimony and timesharing. After all these is done, the agreement is passed to the judge who reviews it for fiarness and then approves the divorce. Whatever the situation may be, especially when litigating contested issues, it doesn’t have to be messy or nasty. You need to get yourself a knowledgeable and skilled lawyer who will strongly defend your interests without complicating the process.

We have professional and experienced attorneys who always adopt the amicable way of settling issues.

It will be our pleasure to meet with you and get to know you, so we can together decide if or not our firm would be the perfect fit to represent you and defend your interest in your divorce.

Will the court consider domestic violence or child abuse when deciding child custody?

When it comes to deciding the parenting and timesharing issues, the judge will be the one to determine the best for the child, whether it is shared parenting responsibility or only one parenting should take up the sole responsibility of parenting.

In the case of any evidence of child abuse, domestic violence, sexual violence, child abandonment or child neglect. All these are going to be considered by the judge when assessing whether shared parental responsibility and timesharing would have adverse effect on the child.

Also, if there are evidences that reveals that a parent by any means provided false information regarding these issues, the judge’s decision regarding parenting and timesharing will be influenced by such.

How do you get a marriage annulled?

You have to understand that annulment is different from divorce. Divorce has to do with dissolution of a legal marriage; while annulment is the process of judicial declaration that a marriage was never valid.

For example; if the couples are closely related to marry, or if one of them was still married to someone else at the time of the marriage, the marriage is void and can be annulled.

Other reasons for annulment could be if one of the couple is underage and married without the parent’s consent; or a party was under duress or tricked into marrying; or a party was under the alcohol or drug influence at the time of marriage. Every marriage that occurs in these conditions are voidable, that is, they can either be annulled or the parties can decide they want to stay married and “ratify” the marriage, making it a legal marriage. The only means by which a voidable marriage can be ratified is by consummating the marriage.

For the annulment process, it requires going to the court and providing evidences that backs the process to annul the marriage. In case you had children or acquired important assets during the marriage, you may have to to go through the divorce process anyway for a judicial determination of issues such as property division and timesharing.

If you seek marriage annulment for religious reasons or any other reasons, please contact our office for an evaluation of whether grounds exist to annul the marriage.

My ex-wife got remarried. Do I have to worry about her new husband adopting my kids?

No one can take your kids away from you, they are yours forever and you have your parental rights as the biological father which cannot be terminated against your will under any circumstances and as long as you remain a part of the lives of your children.

The only condition where your parental rights can be retracted from you under the strict terms of law is when they could prove that you abandoned your kids or abuse them; or you don’t have the capability to cater for your children due to drug abuse or alcohol. Our stand as a compassionate family law attorneys is to ensure that there is a resolution where all parties can get along well even after the divorce and ensure to create a peaceful and best possible atmosphere for the kids to grow.

We also provide strong advocacy for fathers’ rights and we ensure to provide the best representation for you during the divorce and in regards to all post-divorce matters.

Our son got divorced and lost custody of his children, and now his ex-wife is refusing to allow us to see our grandchildren. Can she do that?

The law of Texas is strongly favor parental rights, and it going to be almost impossible for a court to grant you visitation rights when the parents objects. Except in some limited circumstances. Nevertheless, even in the absence of court-ordered visitation,

you may find it appropriate to try options such as meditation with your daughter in-law. With the assistance of skilled and compassionate attorneys, you may be able to work out a way to spend time with your grandchildren that recognizes the important role you have in their lives without tampering or altering the mother’s wishes.