Texas Family Law

Family Law Attorney in Houston, Texas

The Rudisel Law Firm, P.C. has a track record of winning cases. We focus exclusively on divorce and family law matters and have the knowledge, skills, and staff required to navigate your case successfully. Contact a qualified Houston family lawyer, schedule a complimentary consultation, and learn more about the topics below:

Contested Divorce

A divorce is contested when the spouses cannot agree on child custody, visitation, child support, spousal support, or property division. Contested divorces are handled at an hourly rate rather than a flat fee.

Uncontested Divorce

Although there is no legal definition for an uncontested divorce, we consider a divorce uncontested when the spouses agree to use one attorney, agree on all issues, and cooperate in signing all documents necessary to finalize the matter.  Uncontested divorces are generally handled at a flat rate.

High Net Worth Divorce

Our Houston family lawyers and staff have the experience and tools to successfully litigate divorces for people with large assets and high-value estates. We employ aggressive discovery methods and state-of-the-art asset tracing through experts to protect your income and property.

Publication Divorce

Just because you cannot find your spouse does not mean that you cannot get a divorce. Texas law allows for a missing spouse to be served with divorce papers through publication.  Although we handle publication divorces when a spouse is missing at a flat rate, they are usually more costly and take longer to complete.  Contact a Houston Family lawyer at The Rudisel Law Firm, P.C., for more information.

Attorney General Cases

The Office of the Attorney General of the State of Texas (OAG) oversees child support cases in Texas.  The OAG often brings a suit against a non-custodial parent when a state interest is involved, such as a child on Medicaid.  Parents can also request the OAG to bring a suit against the other parent to establish paternity, child support, and medical support.  It is important to have a Houston family lawyer present when negotiating with the OAG, as they do not represent your interest. Visit the Texas Attorney General Child Support Division here.

Child Support

Child support in Texas follows guidelines outlined in the Texas Family Code.  The monthly amount of support is based on the obligor’s net monthly income (money received after taxes).  Child support is based on a percentage of the net monthly income, starting at 20 percent for one child and increasing with more children.  The Texas Family Code sets maximum amounts.

Child Custody

Child custody is called “conservatorship” under Texas Law.  Conservatorship deals with the rights, duties and responsibilities of parents regarding their children.  The following rights must be addressed in a divorce or custody suit:

  • Medical Decisions
  • Psychological/Psychiatric
  • Educational
  • Who receives child support
  • Early Marriage and Military enrollment
  • Geographical restrictions for children

Mediation

Mediation is a settlement process where spouses can amicably discuss and reach agreements regarding their children and property. Mediation places the decision-making with the spouses, not the judge. Shawn M. Rudisel mediates family law cases for other family lawyers in Houston and recommends that all divorcing parties attempt mediation before going to court.

Modifications

Parties can modify prior court orders in Texas (divorce decrees, custody orders, etc) if there has been a “material and substantial change” and the modification is in the child’s best interest.  Our Houston family lawyers frequently modify child support amounts, visitation, and custody orders.  Contact us for a complimentary consultation at a time convenient for you.

Paternity

Paternity is established in Texas by genetic testing, admitting to paternity in court, signing documents at the child’s birth, or having a child during a marriage.  Paternity can be established and also undone under Texas law.  For parents seeking child support or visitation of children born outside of marriage, paternity must be established first.  For men who believe they are not the biological father of a child and who are paying support, they must file a lawsuit and request genetic testing.  There are strict times tables to follow when attempting such a suit.  The Houston family lawyers at The Rudisel Law Firm, P.C. know the law inside and out and will help you if needed.

Premarital Agreements (Prenups)

Premarital agreements are executed by parties contemplating getting married.  The agreement identifies each party’s property and assets and dictates what happens to those assets upon divorce.  Premarital agreements are complex and must be executed strictly with the law to be enforceable.  The divorce lawyers at The Rudisel Law Firm, P.C. have not only drafted complex agreements for clients; we have defeated them in court when hired.

Postmarital Agreements (Postnups)

Postmarital agreements are similar to premarital agreements, except they are executed by spouses during the marriage. Spouses can agree to make separate property communities and vice versa. They are also complex documents and must be drafted strictly with the law.

Property Division

Property division can be a complex process in divorce. The court must divide all assets in a “just and right” manner, which does not always mean 50/50. The courts can award one spouse a larger share of the assets if they find the other party at “fault” in the divorce. Visit our blog and read “Property and Debt division in Texas” for a more in-depth look at the subject.

Sealing of Records

Divorce records are public and may be researched by anyone.  The law allows sealing records to keep information out of public view.  Some people may not want their financial information disclosed, while others want to avoid embarrassing information being seen by the public or potential employers.  The ability to seal a divorce in Texas is limited and unavailable to everyone.

Spousal Support

Texas law allows a divorcing spouse to receive spousal support or spousal maintenance on both a temporary (during the divorce) and a final basis.  The monthly maintenance amount is determined by the length of the marriage and the parties’ needs.

Texas Divorce and Spousal Maintenance 

Visitation

Texas law provides that the non-custodial parent has a Standard Possession Order (SPO).  The SPO gives the parent visitation on each month’s first, third, and fifth weekends, along with alternate holidays.  It also outlines a summer visitation schedule and the child’s birthday time.  The courts generally award the SPO. However, parents can create a custom schedule by utilizing the mediation process.  Shawn M. Rudisel has created hundreds of custom visitation orders through the years and was subject to one himself.

Contact Your Family Law Attorney in Houston for Your Free Case Evaluation. 713-781-7775

If you find yourself on the verge of divorce, call The Rudisel Law Firm, P.C. We have the knowledge, trial experience, and professional staff necessary to protect you, your family, and your property.