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Family Law

filing for divorce - Dwyer Law Firm

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. 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. Call today for a free 30 minute consultation.

General Information:

Relocation Of Children:

Temporary Orders:


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. 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.

Child Custody

The custody of a child or children is part of the divorce process. If the parents cannot agree upon a custodial resolution then the court will make that decision. The two options are sole custody (sole managing conservator) or joint custody (joint managing conservators). 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 responsibility for decisions. In both cases visitation rights need to be established.

Pre-Marital Agreements

A pre-marital agreement is an agreement or contract made by two individuals prior to their marriage. The purpose of the agreement is to document the rights and obligations of the parties regarding property currently owned or later acquired. It also can be used to govern spousal support should the union legally dissolve. Some may see a pre-marital as a negative but in reality it is an effective way to alleviate any concerns that the marriage may be based upon assets.

The pre-marital agreement must be written, voluntarily signed by both parties, contain full or fair disclosure of the assets and debts, and executed in front of a notary.

Child Support

Child support is the ongoing financial support made by the non-custodial parent. Federal laws dictate that all states provide guidelines to decide the amount of child support for which the non-custodial parent is responsible. This amount is to aid in providing the child with housing, clothing, food, etc. Generally, both parents are expected to support their children 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 Decree is signed by the Judge.

It is important to have a lawyer who focuses in family law to assist you in navigating through child support issues.

Child Support Modification

Child support is a court-ordered amount that a noncustodial parent must pay to assist in covering the child’s needs. Child support modifications may occur if significant and/or unexpected changes in the parent’s financial situation or the needs of the child arise. 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.

Property Divisions

The division of property can play a significant role in the divorce process. The Texas courts may divide the community property equitably between 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 court division. Property acquired during the marriage but not subject to the community property division rules include; parts of personal injury awards, inheritances and parts of workers compensation awards, gifts and bequests.

Unmarried Father’s Rights

Unmarried father’s rights are not any more difficult to enforce then married father’s rights. Of course, if there is a question as to whether the father is the biological father, it will be a more expensive litigation process. However, either way, married or unmarried, the father has a right to visitation/possession. If the father is the non-primary parent/conservator, then the father will probably be ordered to pay child support and pay for health insurance. Further, the possession schedule under the statutes of the State of Texas for a child under 3 is limited whether the child was born in or out of wedlock. If the mother of the child is not going to voluntarily allow the unwed father to have a significant amount of time or access to the child, the limited visitation schedule will make it difficult to have a nurturing relationship with the child until after the child reaches the age of 3.