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Bryan Fagan Law Office

Frequently Asked Questions

What is guardianship?

Answer: In Texas, either you or your spouse must have lived in the state for at least six months and in the county where you intend to file for divorce for the preceding 90 days.

Who can be a guardian?

Answer: Yes, Texas is a no-fault divorce state, which means you can file for divorce without proving that either party is at fault. You can simply state that your marriage has irretrievably broken down.

How is a guardian appointed?

Answer: Texas follows the principle of “community property.” Generally, assets and debts acquired during the marriage are considered community property and are subject to a just and right division by the court.

What is the difference between guardianship and power of attorney?

Answer: Child custody decisions in Texas are based on the bestinterests of the child. The court considers factors such as the child’s preferences, the parents’ ability to provide a stable environment, and their willingness to encourage a positive relationship with the other parent.

How can someone contest a guardianship?

Answer: There is a mandatory waiting period of 60 days afterfiling for divorce before it can be finalized. However, the actual timeline can vary based on factors such as court availability and the complexity of the case.

Can a guardian be removed or replaced?

Answer: Texas courts may award spousal maintenance (alimony) in certain cases, considering factors like the duration of the marriage, the financial disparity between spouses, and the requesting spouse’s ability to support themselves.

What decisions can a guardian make?

Answer: While you’re not legally required to have a lawyer, divorce proceedings can be complex. Hiring an experienced attorneycan help ensure that your rights are protected and that you navigate the legal process effectively.

How much does guardianship cost?

Answer: Yes, child support orders can be modified if there is asubstantial change in circumstances, such as changes in income or the child’s needs. You’ll need to file a request with the court to modify the order.

How long does guardianship last?

Answer: Yes, a request to change a child’s last name can be made during divorce proceedings. The court will consider the best interests of the child when making a decision.

Can a guardian be held financially responsible?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

Can a guardian be appointed for a minor?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

Can guardianship be transferred to another state?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

Can a person with a guardian still make decisions?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

How does guardianship affect a person's rights?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

What alternatives are there to guardianship?

Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case..

Contact us today to get the legal help you need:

Address: 3707 Cypress Creek Parkway Suite 400, Houston, TX 77068

Phone: 1-866-878-1005