We offer compassionate legal counsel to our clients Rex Dwyer is committed to assisting his clients in obtaining legal solutions for family law issues. Although we encourage a rapid settlement, often times an agreement cannot be reached. That's when you need an attorney with successful litigation experience to aggressively pursue and protect your rights. Rex is board certified in Civil Litigation and Personal Injury by the Texas Board of Legal Specialization; he has years of successful experience in the courtroom. A family crisis can be overwhelming. Offering his extensive expertise, Rex will assist you in working through the legal issues involved. We provide counsel for all types of family issues ranging from simple uncontested cases to complex property divisions.
• Divorce
Most divorces create an emotionally charged environment that can be overwhelming without the help of a qualified professional. Our staff is here to assist you in gaining a positive outcome to a difficult situation. Whether you are seeking to file a petition for divorce or your spouse has filed a petition against you we will work toward providing you with an equitable settlement.
Divorce proceedings are generally started by one of the parties filing an Original Petition of Divorce with the court. Generally, a hearing is set to establish the guidelines to be followed by both parties during the proceedings. Before a divorce can be granted, a 60 day waiting period is mandatory in Texas. If a couple can reach a settlement during this period both parties will sign a Divorce Decree and present it to the judge. If a settlement is not reached the court will set the case for trial. Back to Top...
• Child Custody
The custody of a child or children is part of the divorce process. If the parents can not agree upon a custodial resolution then the court may have to make that decision. The two options are sole custody or joint custody. Sole custody allows one parent to make all decisions regarding the welfare of the child or children whereas joint custody consists of both parents having equal responsibility for all decisions and welfare. In both cases visitation rights need to be established. Back to Top...
• Pre-Nuptial Agreements
A prenuptial agreement is an agreement or contract made by two individuals prior to their marriage. The purpose of the agreement is to document the division of property and spousal support should the union legally dissolve. Some may see a prenuptial as a negative but in reality it is an effective way to alleviate any concerns that the marriage may be based upon assets.
The prenuptial must be written , voluntarily signed by both parties, full or fair disclosure, and executed in front of a notary. Back to Top...
• Child Support
Child support is the ongoing financial support made by the parent that the child does not live with after a separation. Federal laws dictate that all states provide guidelines to decide how much child support the non-custodial parent is responsible for. This amount is to aid in providing the child with housing, clothing, food, etc. Generally, both parents are expected to support their children before and after the divorce as they had been before the divorce. The court has the discretion to alter the amount if the circumstances so dictate. Child support is usually determined at the commencement of the divorce process and finalized when the divorce is finalized.
It is important to have a lawyer who specializes in family law to assist you in navigating through child support issues. Back to Top...
• Child Support Modification
Child support is a court ordered amount that a non- custodial parent must pay to cover a certain amount of expenses. Child support modifications may occur if significant and unexpected changes in the parents’ financial situation or the needs of the child. Some of these changes may be due to the following; involuntary loss of income, change in parenting plan, change in the number of children to be supported, change in financial circumstances.
If you feel that your circumstances have changed since your child support was established it is important to have a family lawyer assist you in determining your options. Back to Top...
• Property Divisions
The division of property is a major factor in the divorce process. The Texas courts use the community division of property which means the court will divide the property equally among the parties. The court determines if the property was acquired prior to the marriage or during the course of the marriage. Only property acquired during the marriage is subject to a 50-50 division. Property acquired during the marriage but not subject to the community division rules include; personal injury awards, inheritances and workers compensation awards. Back to Top...