Family Law

Austin, Texas, Family and Divorce Law Attorney

What sets me apart from many other lawyers is my attention to detail. As your lawyer, I will thoroughly research and analyze your case. I will never enter a courtroom or a settlement conference unless I am prepared legally, factually and strategically.

Divorce

Some people in Texas still think that their spouse has to grant them a divorce. However, under the current no-fault system, you can get a divorce based on “insupportability” (known as “irreconcilable differences” elsewhere) without needing permission or approval from your spouse. This doesn't mean that divorce will be easy. Your spouse or their lawyer can still put roadblocks in your way and make unreasonable demands. More information about divorce.

Child Custody

Although there are exceptions, it is the policy of Texas that both parents will remain involved in their children’s lives following divorce. However, one parent may have the right to determine the children’s primary residence, and the children will most likely spend the majority of the time with that parent. More information about child custody.

Child Support

In Texas, child support is determined by the statutory guidelines contained in the family law code. However, there are circumstances when the family law judge can order the parent without primary residential custody to pay a higher or lower amount than the guidelines. More information about child support.

Property Division

Texas is a community property state. This means that most of the property accumulated by you and your spouse during your marriage belongs to both of you, regardless of who earned it. It also means that debts are owed by both you and your spouse, regardless of who incurred the debt. Property owned prior to your marriage, as well as gifts and inheritances received during your marriage, are separate property and do not have to be divided with your spouse if you divorce. More information about community property division.

Modification of Custody or Support

In Texas, child custody and child support orders can be modified if there is a material and substantial change in circumstances after divorce. Exactly what constitutes a "material and substantial change" is determined by Texas code and case law. More information about modification of custody or support.

Relocation

For an increasing number of divorced families, parental relocation is becoming a contentious issue both during and after divorce. When a parent with primary residential custody wishes to relocate to another state or country with the child or children, there is very little room to compromise with the other parent. For this reason, most relocations are decided by a judge in family law court rather than by negotiation. More information about parental relocation.

Collaborative Law

Collaborative law is an alternative to the traditional litigated divorce in Texas. It gives the two parties an opportunity to achieve a negotiated settlement to issues such as property division, child custody and visitation in divorce. More information about collaborative law.

Prenuptial and Postnuptial Agreements

There are many reasons why you may want to have a prenuptial agreement. If you have significant assets such as a family business or vacation home, you may want to protect those assets in the event of divorce. If you are entering into a second marriage, you may want to protect the property rights of children from your first marriage. Whatever your reason, prenuptial agreements are respected by Texas courts if they are properly drafted. More information about prenuptial and postnuptial agreements.

Wills and Estate Planning

Many people put off creating an estate plan because they do not like to think about death. However, an estate plan is more than a document that determines how your assets will be distributed after you die. It also can be used to protect your assets and your family members while you are living. More information about wills and estate planning.

Contact me, lawyer Gregory Hitt, for a personal consultation about your family issue. My office is located in downtown Austin, within a block from the Travis County Courthouse.