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Divorce

The Lemus Law Firm provides client-centered representation throughout the divorce process.  Each case is unique with its own set of circumstances and personalities to consider.  Some cases may be “uncontested” where the parties quickly agree on the terms of the final divorce decree.  Other cases may be hotly contested. One spouse may want the process to move quickly and easily, while the other may want to slow the process.  Sometimes there are issues with domestic violence or drug or alcohol abuse that effect the case.  No matter the situation and goals, The Lemus Law Firm is committed to providing each client with quality representation tailored to their case.

Throughout the process, even if you are going through a collaborative and uncontested divorce, a lawyer can make sure that your rights are protected, your needs are fought for, and the job is completed so that you receive what you are entitled to. The benefits of hiring the Lemus Law Firm for your divorce include:

• An attorney is familiar with the continuous changes in Texas law.
• An attorney knows how and when to file petitions and motions in the divorce process.
• An attorney knows how to gather, compile, and present the documentation needed to make your property and child issue case, such as by issuing discovery to the other party or subpoenas to non-parties.
• An attorney has experience with negotiating on matters such as support, custody and property division
• An attorney is familiar with the local court procedures.
• An attorney is experienced in drafting orders and able to make sure that any agreement reached is carried out or enforceable.

Division of Property

The division of property is an important aspect of any divorce case.  The Lemus Law Firm has the experience to work through complex property issues to make sure the client can make an informed decision to settle or move forward to trial.  Some cases involving separate property, reimbursement claims, family businesses, spousal waste of assets, or other complex property issues may need the assistance of a certified public accountant or other experts to assist in preparing the case for settlement or trial.  The Lemus Law Firm has built relationships with respected experts to assist when needed.

Child Custody

The Lemus Law Firm represent clients wishing to establish court orders regarding a child or children.  Such suits can be part of a divorce and are normally initiated by one of the parents but can under certain circumstances involve other individuals interested in the child, such as the child’s grandparents.

These cases often involve conservatorship (generally, who gets to make the decisions regarding the child), possession and access, child and medical support, and other issues dealing with the children.  The Lemus Law Firm works with each client’s individual family circumstances to make sure their rights are protected and they understand every step of the process.

If a child custody case proceeds to trial, the judge will make their decision based on what they determine is in the “best interest of the child.” This is determined by a number of different factors, including:

• The child’s safety
• The child’s emotional, social, and educational needs
• The home environment of each party
• The child’ preference and relationship to each parent

However, the parties can decide to reach their own agreement through mediation or informal settlement.  The Lemus Law Firm strives to reach a resolution outside of court on child issues when this is possible. It can spare our clients a financial burden while lessening some of the emotional impacts on the family members that can follow these cases. Laura Lemus works aggressively to help our clients if their child matters need to be concluded using the court system.

Consultation for Divorce Planning

No matter your circumstances, divorce is a difficult process.  You should consider carefully the divorce process and its potential aftermath before filing for divorce.  The Lemus Law Firm provides consultation for individuals who are considering divorce as a potential option for them.  No matter the concerns, the Lemus Law Firm can provide knowledge and insight to help the client make an informed decision about divorce.  Some topics that are often addressed in such consultations include finances, temporary spousal support and spousal maintenance, possible possession schedules, child support, spousal maintenance, characterization of property as separate or community property, and division of property.

Consultation for Marriage Planning

 The demographics of marriage have changed over the years, with many people choosing to enter second marriages or to marry at a later stage in life.  Many people enter marriage with no idea about the legal processes they may find themselves in if the marriage ends by divorce.  Individuals with substantial life savings, investments, property, or inheritances who are entering into a marriage should be knowledgeable about the risks to their pre-marital assets should the marriage, unfortunately, end in divorce.

The Lemus Law Firm offers consultations to individuals preparing for marriage to address the concerns unique to their circumstances.  Such consultation can provide insight into Texas laws effecting the division of marital property, the community property presumption, and how an individual can protect their pre-marriage, and other separate property, assets from becoming subject to division as community property in the unfortunate event of divorce.  The Lemus Law Firm also advises clients regarding the effects of Texas law on inheritance and custody for children when individuals are planning a family.

Co-habitation Agreements

The Lemus Law Firm prepares co-habitation agreements for individuals who are living together but not married to establish financial and other agreements between the parties.

Premarital Agreements and Post Marital Agreements

It is common for divorce attorneys to encounter clients struggling through the divorce process and wishing they had prepared beforehand. Considering a prenuptial agreement or postnuptial marital property agreement can ease many future struggles and worries.  This can especially be true for those entering a second marriage or those entering marriage with significant assets.

Texas is a community property State, meaning that the earnings of each spouse during the marriage is community property of both spouses.  Separate property consists of property owned by a spouse prior to the marriage or property that is given to or inherited by a spouse.   Proving separate property in a divorce proceeding can be difficult and very costly.  There are numerous benefits to considering a prenuptial agreement, including:

• You learn and your future spouse learn about Texas law and about how to communicate about money
• You control your future finances, not Texas Law
• You gain peace of mind
• You protect your interests in the event of a divorce

Attorney Laura Lemus represents individuals wishing to enter into premarital and post marital property agreements.  The Lemus Law Firm tailors such agreements to the needs of the individual client.  If you need someone to review and negotiate a prenuptial or marital property on your behalf, the Lemus Law Firm can provide that service as well.

It should be disclosed that prenuptial and postnuptial agreements are not the answer to all of your divorce problems.  For example, child issues in such an agreement would not be binding on the Court.

Modifications

As time passes, a parent may seek to modify the final order regarding children for a variety of reasons.  Some examples include, a parent with limited access to a child may seek a more standard possession schedule, a parent may want to change custody based on the wishes of the child or on bad behavior of the other parent, or a parent may seek to increase or decrease child support.  The Lemus Law Firm provides the full representation of clients seeking to modify an order and those seeking to oppose the modification.

Enforcements

A client may wish to file an enforcement action to force the compliance of an ex-spouse with the orders of a court.  Enforcement motions can be filed regarding child provisions as well as property division provisions.  The Lemus Law Firm provides counsel and representation in situations where the other party is not complying with the order and to defend against an enforcement action filed by the other party.

Terminations

Under Texas law, parental rights can be terminated under certain circumstances set forth in the Texas Family Code.  When a person’s parental rights are terminated they no longer have any rights regarding the child.  Terminations often go hand in hand with adoption cases.  The Lemus Law Firm provides representation to individuals seeking to terminate the parental rights of one or both of the parents and to individuals seeking to defend against a termination suit.

Adoptions

The Lemus Law Firm represents clients seeking to adopt a child.  These often occur in situations where a step-parent seeks to adopt their step-child or step-children.  Sometimes family members may seek to adopt a child who the parent has left with them.  Stepping up and taking on the role of a parent to a child is commendable and adoption formalizes that relationship in the eyes of the law.

Protective Orders/Family Violence

The Lemus Law Firm represents clients in protective order cases.  When family violence has occurred and is likely to occur in the future, a protective order may be granted prohibiting a person from various acts and requiring compliance with certain requirements.  Failure to follow a protective order can result in both criminal and civil penalties.  Protective orders have very real consequences for the person who is subject to them and can sometimes be filed to gain an advantage in a child custody matter. Laura Lemus represents clients seeking protective orders and defends clients who have protective order filed against them.