Your Texas Family Law Attorney

Criminal Attorney Law Firm Arlington

At Brandy Austin Law Firm, our Arlington, TX family lawyer is here to educate you on the options you have and partner with you to develop the most promising strategy to meet your legal goals.  Our legal team serves Arlington and neighboring communities. Contact us today to schedule a consultation and learn how we can help you and your loved ones.

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Property Division Attorneys Serving Arlington And Nearby Areas

Property division and child custody matters are two large concerns for most divorcing individuals in Texas. We find that the best resolutions often arise when parties meet in the middle rather than go to court. We can represent clients through the mediation process.

Attorney Brandy Austin is a trained mediator, which means she is a neutral third party who can facilitate the process of mediating a challenge.

Working together can result in a negotiated settlement that meets the top concerns of both sides. However, we will not hesitate to advocate for you in court if necessary. Brandy Austin frequently litigates family law cases in Tarrant, Johnson, and Dallas counties.

Family Law Practice Areas

Our entire firm partners with clients to resolve a range of family law issues, including:

The Texas Family Code can change with every legislative session. It is important to have a family lawyer you can count on to stay up to date on all the recent changing laws and how they impact family law clients so we can stay on top of the industry.  With an experienced family lawyer leading the firm, we know how to work hard for you.

Our free consultations provide an opportunity for all potential clients to explain their situation. If you choose our firm, we will create a detailed plan-of-action to get you closer to reaching your family goals. We will work tirelessly to get you the best possible result for your situation.

We have families, so we understand that these challenges can represent one of the most difficult periods in your life. Our lawyers have the knowledge needed to answer any questions that arise throughout this process.

Dedicated family lawyers understand that legal matters that involve children, divorce, or other family issues can be emotional and stressful. In many family law cases, the issues are often life-changing events which lead to the end of a marriage, changes in child custody, or potential loss of financial security.

Our compassionate Arlington family lawyers at the Brandy Austin Law Firm, PLLC have successfully represented many clients and their families in obtaining the best outcomes available. Some of the family law legal services we offer include:

Divorce

Even the friendliest divorce can quickly turn acrimonious and suddenly neither spouse can agree on anything. Our family lawyers can help negotiate a fair divorce settlement agreement. When ending a marriage, some of the most common issues that need to be addressed in dividing the marital estate include:

  • Who will get the family home and how will other real estate a couple may own be divided
  • How will assets such as checking accounts, saving accounts, retirement accounts, pensions, stocks, etc. be divided
  • How will household property be divided
  • How will marital debt be divided
  • Who will get family pets

In some cases, a couple may make the decision to not live together anymore but are not ready to file for divorce. In this situation, a legal separation may be the best option.

Child Custody and Child Support

Whether a married couple is divorcing or unmarried parents are splitting up, child custody and child support need to be determined. It is in the best interest of all parties to have a Texas family court make a legal ruling over the division of parenting time and parental responsibilities. It is also important to have a judge determine which parent will be responsible for child support and how much that support should be.

When it comes to child custody and support issues, there are often situations that arise that may require modifications of existing orders. For example, as a child gets older, he or she may wish to go live with the other parent. Or there may be issues where a noncustodial parent is not paying their child support obligations.

Benefits Of Hiring a Family Lawyer For Custody Issues

When you and your spouse are legally separating or getting a divorce and children are involved, you may want to hire a family lawyer to help guide you through the process. There may be a number of things to consider, but the two most important issues will be who will have the responsibility to make legal decisions and where will the children reside.

The latter can be a joint situation that involves the child living equally between each parent’s home. In other situations, one parent might be designated as the primary caregiver. If parents are unable to come to an amicable agreement, they might need to rely upon our Texas family lawyer to help them through legal proceedings that could include mediation or a court hearing.

  • A family lawyer will put the interests of the child first. Our family lawyer understands that this battle can be emotionally draining and a contentious situation. This means it is important to devise a plan that benefits everyone involved, especially the children. A family lawyer will be on your side, fighting for your rights, while also looking out for your children.
  • A family lawyer understands family law. Family law is complex and varies by state. By choosing an attorney, you can feel confident in knowing that he or she understands what might be expected in your case. They may be prepared for surprises or a counter argument from the other party. This knowledge is a critical asset, particularly when your situation is complicated or involves a dispute over the children.
  • A family lawyer is familiar with procedures of the court. If your case ends up before a judge, it will be important to have a family lawyer to present your side in the best light. A lawyer will understand how to navigate this process with confidence and ease.
  • Make negotiations for child support. A family lawyer can help to negotiate child support with your spouse’s lawyer. This could ensure you receive enough to support your children, or if you are the paying parent, ensure you don’t overpay.
  • Help to arrange a parenting plan. Many lawyers will advise parents on creating a practical parenting plan that ensures the children have an equal amount of time with each parent. If this is not possible, the parenting plan might help to organize a custody schedule that each parent can adhere to. If you are unable to reach a decision on who the children should live with or when the children should visit either parent, you may need to have the support of a family lawyer.
  • Ultimately, a family lawyer can help you to get what you want in the event of a divorce.

If your spouse has already retained a family lawyer, you should too. To speak with a skilled family lawyer that clients recommend, call Brandy Austin Law Firm, PLLC.

Learn more about Why choose a family lawyer in Arlington, TX?

What Factors Affect Alimony?

Going through a divorce is hard on anyone, even if you and your ex-spouse did so in an amicable and friendly way. However, when it comes to receiving alimony payments, separating can get even more confusing. Can alimony payments be changed? Are there life events that can affect how much alimony you get paid or if the dependent ex-spouse does not receive alimony anymore? The answer to this is “it depends.” When you have questions regarding your alimony, it is best to speak with one of our attorneys to see how different life events can affect alimony after your divorce. For more information or to set up your first consultation, please contact our office today. For more general information on alimony and what might affect it, please read the article below.

When a court is determining how much alimony one spouse should give to another, there are various things that go into making this decision. For example, a court will look at:

  • Standard of Living During Marriage. If possible, a court will likely look at what the standard of living for both spouses was during the marriage and try to maintain that for both of them during a divorce.
  • Ability to Pay. The court will look at whether the supporting spouse can pay the dependent spouse alimony.
  • Ability to Earn. The court will examine what both spouses earn and what their potential for earning in the future is as well.-
  • Children. A court will factor in whether the couple has children. The safety and care of children is of the utmost importance, and if it makes more sense for one parent to stay home and take care of the children (instead of going to work and earning a living or working full time), then they may grant that spouse alimony.

What affects how much a court grants alimony

What affects how much a court grants alimony


Situations That May Affect Alimony After It’s Awarded

When it comes to receiving alimony, the dependent ex-spouse should be aware that there are certain factors that can change how much they get or if they continue to get anything at all. Some of these factors are:

  • Remarrying
  • Cohabitation


Remarrying. The dependent ex-spouse remarries. Although alimony would typically end here, in some cases the spouses may have signed an agreement in court stating that the dependent spouse will still get alimony even if they remarry.

Cohabitation. The alimony recipient does not remarry but starts cohabitating with another partner. When this is the case, any number of things can occur. The court may determine that if the dependent ex-spouse cohabitates with someone else, their alimony should be reduced or even terminated completely. This may happen if the cohabitation truly decreases their need for this spousal support. In other states, however, a court may determine that alimony gets cut off when you cohabitate regardless of whether there is an economic need. Finally, other states have court systems where cohabitation simply does not affect the dependent ex-spouse and they will continue receiving alimony.

Understanding the Divorce Timeline

As divorces are mostly emotional and bureaucratic processes, it is no wonder that most people want to know how long it will last. Unfortunately, there are a lot of variables to contribute to the divorce timeline. Therefore, to understand how long proceedings will take, you must understand what can contribute to their length.

Uncontested Versus Contested

Uncontested divorces take far less time than contested divorces. As the name implies, an uncontested divorce refers to an amicable nullification of the marriage. These proceedings do not require a trial, which allows the court to merely grant the divorce, and can typically be resolved in under a year. A contested divorce, however, is not mutual and will involve a trial, and the whole process can take more than a year depending on the requirements of your municipality.

No-Fault Versus Fault-Based

A no-fault divorce means that neither party takes the blame for the divorce. Like uncontested divorces, no-fault proceedings can move ahead quickly. However, if one spouse files for divorce based on fault, meaning adultery, cruelty, or abuse, then the process is slowed once again because a trial must be held on the accusations.

State Requirements

If both parties are cooperative, then a divorce typically does not have to take very long. However, even in willing situations, the process can be slowed down by municipal and state regulations. Not every state believes in easy divorce, and some require certain aspects be met before a divorce can be granted.

  • Cooling off period – Some states may require a cooling off period, which can vary by jurisdiction. This cooling off time is supposed to be spent trying to reconcile the marriage through counseling and other means.
  • Separation – A separation is similar to a cooling off period. However, the required time is not so much about reconciliation as it is adjusting to single-living. The separation timeline can be anywhere from zero to twelve months, depending on the state and whether you have children or not.
  • Residency Requirements – Many states have residency requirements. The court does not want to grant a divorce when both parties will not have basic needs, including shelter and finances. Therefore, you may be required to provide proof of residency before being granted a divorce.

County Work Loads

Beyond the cooperation of both parties involved and state regulations, a divorce timeline also may depend on county workloads. Again, if filing for an uncontested, no-fault divorce, it may be granted in one to several months. However, if not amicable, the timeline will depend on caseloads and a trial.

Divorces can be quickly resolved if both parties agree, but even one disagreement can lead to a lengthy timeline. For more information on alimony and what affects alimony payments, please reach out to Brandy Austin Law Firm, PLLC now.

Representation From Premier Family Lawyers 

We strongly believe in a team approach to family law. Our team provides you the resources of our entire firm when the occasion arises. We may also bring in experts and professionals from disciplines including finance, accounting, parenting, trial consulting, tax planning, and psychology to develop a strong, effective case depending on your needs.

If you’re in need of legal representation, contact a professional team with experience in Texas family law that will save you time and money, as well as giving you the peace-of-mind by knowing your case is in capable hands. Negotiating property division and parenting plans in divorce agreements can be a long, intense process. You will likely want to exchange ideas over time with your lawyer. We offer personal attention, including a dedicated client happiness coordinator, combined with a state-of-the-art online legal communications portal to help you deal with issues as they arise, as well as share photos, videos, and any documentation, in real time.

We represent professional services providers, business owners, medical professionals and their spouses, technology professionals, teachers, software and aerospace engineers, and many other community members. We do our best to serve the entire community.

Are You Considering Family Law Representation?

If you are considering a divorce in Tarrant, Johnson, or Dallas County, speaking with a Brandy Austin Law Firm divorce lawyer will prepare you for the long road ahead. We can help you move forward from a position of strength while protecting your assets and interests by meeting and helping you define your goals and desired outcomes. Our Texas family law attorneys are highly accomplished and compassionate legal advocates. As a full-service law firm, we not only handle family law cases, but multiple practice areas so we have a better grasp on the unique issues you may face, whether they include business, probate, criminal, bankruptcy, or injuries.

Communities We Serve

We consult with and represents individuals in divorce and family law matters in Fort Worth, Grand Prairie, Dallas, Burleson, Mansfield, Kennedale, and throughout North Texas. Centrally located in the heart of DFW, our office is easily accessible from several North Texas neighborhoods. We also facilitate ongoing client meetings through video-conferencing for the convenience of our clients, which provides local clients an opportunity to avoid traffic, and out-of-state and international clients the ability to speak face-to-face with their attorneys.

There are few bonds in life as precious as those that come from families, but if you are having any type of familial disputes, our Arlington family lawyer may be of help to you. While family is the most important aspect in the lives of the majority of people, things do not always go as planned. As a result, familial disputes and major life transitions affecting families can be uniquely stressful events.

Thankfully, if you are in need of a well-experienced family lawyer, you can contact Brandy Austin Law Firm, PLLC where they can resolve a wide range of family law areas. The family lawyers can handle anything from paternity to legal separations, and you can count on working with a well-trained team who can understand your frustrations and work for the best possible outcome for you.

Arlington Family Lawyer

Although there are exceptions to this rule, there are three primary kinds of family legal matters.

Administrative Issues

Administrative issues are fairly straightforward and generally involve filing paperwork with the state. This is something our Arlington family lawyer can help you with. Obtaining a name change and formalizing uncontested paternity results are examples of administrative family legal matters.

Mediation

Relatively amicable family legal matters are more complex but can often be resolved through mediation and/or attorney-led negotiation. When spouses divorce and are willing to compromise with each other, they may benefit from one of these approaches to their marital dissolution. Similarly, relatively straightforward child custody, child support, and guardianship issues fall into this category.

Judicial Intervention

Contentious family legal matters can generally only be resolved through judicial intervention. Divorces and child custody cases impacted by fundamental differences between the parties are considered contentious. Similarly, certain domestic violence issues can only be resolved in a courtroom setting, as they are neither administrative nor are they appropriate for a mediation/negotiation approach.

No matter what kind of family legal matter you are currently facing, chances are that you could benefit from seeking legal guidance from a trusted attorney. It is important not to rush into a decision to represent yourself in a family legal matter, as the consequences of an inexperienced approach can be life-altering in the most negative sense of the word.

Divorce

Divorce is a hard time for both the spouses and the children. Brandy Austin Law Firm, PLLC can handle every aspect of your divorce including, child custody, child visitation, and child support. Following the finalization of the divorce, these skillful lawyers can fight to make sure that the child support is being paid and the visitation agreements are being followed. These attorneys feel that a divorce is better handled through the process of mediation where the parties will meet with a neutral third party to work and come to an agreement without having to go to court and let the decision be up to a judge.

When it comes time for a family court judge to determine custody and visitation rights, the child’s (or children’s) well-being takes priority. The court will always choose in favor of the child’s physical, mental, behavioral, and emotional well-being, and custody and visitation will be granted accordingly. The determining factors of visitation rights are often based on the non-custodial parent’s:

  • Living location in proximity to the custodial parent (as well as the non-custodial parent’s relatives)
  • History of criminal behavior (if any)
  • History of substance abuse (if any)
  • History of child abuse and neglect (if any)
  • History of mental health disorders (if any)

It can seem entirely unfair for a mental health disorder to determine whether or not a parent will be able to visit their child on a regular basis, but that is often one of the factors that the court considers. After all, parents who suffer from certain mental illnesses pose a potential threat to their children’s mental and emotional well-being, according to various research outlined by the Institute for Family Violence Studies under FSU’s College of Social Work. Whether you suffer from a mental illness and are fighting for your visitation rights or, conversely, you believe that the child’s non-custodial parent, who is suffering from a mental illness, poses a threat to the well-being of your child, contact our Arlington family law attorneys today to discuss your visitation rights, a custody hearing, or any other visitation or custody issues.

How We Can Help With Your Prenuptial Agreement

At one time, only the rich and famous considered putting together prenuptial agreements before walking down the aisle, but even then, there was often resistance because it was felt that having a prenup in place meant you had no faith the marriage would work out. However, in recent years, the role of prenuptial agreements has evolved, and many couples make sure they contact a family lawyer for their prenups before living happily ever after.

The following are some of the most common reasons why a couple should consider getting a prenuptial agreement. To find out more detail on how a prenup can work in your situation, contact a family lawyer from Brandy Austin Law Firm, PLLC today.

One Or Both Spouses Have Been Previously Married

One of the most common reasons why a couple will contact a family lawyer in Arlington, Texas, for a prenuptial agreement is because either one or both of them have been married before. They are aware what the divorce process can entail and how it can often negatively impact a person’s finances. Having a prenuptial agreement in place offers security in knowing exactly how your life would be impacted if a divorce should happen.

One Or Both Spouses Have Children From Prior Relationships

Another common reason why a couple will get a prenup is because one or both of them have children from prior relationships or marriages. Prenups can help ensure that your children’s future inheritance would be protected in case of a divorce. For example, if one spouse is bringing much more financial security to the marriage and they have children, a prenup would protect their finances in case the marriage does not work out.

One Or Both Spouses Own A Business Or Property

When one or both spouses already own property and/or own their own business, it is important to protect those assets in the event the marriage breaks down. A prenup can have clauses in which the couple agrees that these assets are not part of the marital estate.

One Of The Spouses Has Significant Wealth

If one of the spouses has much more money than the other, it is critical to protect those assets in the event the couple divorces. Otherwise, the other spouse could end up with half of the wealthier spouse’s assets.

One Of The Spouses Has Significant Debt

Just as a spouse needs to protect themselves if they have more wealth, a spouse also needs to protect themselves if they are marrying someone with significant debt (regardless of their own financial standing). A prenuptial agreement can specify which spouse the debt belongs to and who will be legally responsible if they split up.

A postnuptial agreement might make sense if a family business was started and you want to outline exactly how much of the business each spouse is entitled to in the event of a divorce. This can also be beneficial if one party finds they are in significant debt and they wish to protect their spouse from creditors. A postnuptial agreement can define what is community property and what is separate property so that time and money is saved in the event of a death or divorce.

Family law can also be used for joyful moments in life, like adoptions. Learn about the Types of Adoptions.

Our Texas family lawyer can assist you with this, as well. Stepparent adoptions occur when a stepparent to a child wishes to legally adopt the child and become his or her legal guardian. In order for them to be able to adopt the child, the biological parent needs to surrender all parental rights, or they can be terminated. In order to terminate a biological parent’s rights, they need to be able to prove that the termination is necessary due to the parent being unfit or neglecting the child.

Relative adoptions are when a relative like a grandparent, aunt/uncle, or older sibling adopt a child following the death of a parent or if the parent is no longer able to provide for them. A lawyer still needs to prove that the adoptive parent is fit to parent the child and the judge will always rule in the best interest of the child. In domestic adoptions, lawyers assist with finalizing adoption, helping birth parents surrender their legal rights, and drafting the legal documents necessary to modify a birth certificate to reflect the new parents and if the child was given a new name.

We Help Enforce Court Orders

In the event of your ex-spouse failing to adhere to his or her court orders, or obligations, following a divorce, it may be a good idea to talk with our Arlington family law attorneys about what you should do next. In general, if your ex is ignoring their duties, you may have to ask the court to enforce them; otherwise, consequences may result. Although this might seem like something you don’t necessarily want to do, or may come with financial concerns, sometimes this is the only option. If you would like to know more about enforcing court orders, please call us now.

Enforcing Court Orders After Getting A Divorce

As a family lawyer, we at Brandy Austin Law Firm, PLLC, understand how challenging, and emotionally tiresome, a divorce can be. Once things are finalized you may be ready to move on with your life. However, what happens when your ex-spouse fails to live up to their side of the agreement? Sadly, this is very common. In fact, between 40 and 50 percent of divorce agreements will be short lived. Whether it’s related to the custody of your children, child support, alimony, assets, or other matters, when an agreement falls through, and your ex is no longer cooperating with you, turning to our firm may be the right choice.

In general, the Texas Family Court has the right to enforce court orders that had been agreed to by the parties, but are no longer in good standing. Bear in mind that the agreement should have been noted in an official legal document. If you and your ex agreed to something over dinner, for example, but it was never made official, it will almost certainly not uphold in a court of law.

Issues That May Be Enforced By the Court

  • Child custody
  • Child visitation
  • Child support
  • Spousal maintenance/ alimony
  • Division of assets
  • Restraining orders

To enforce an agreement, the party who neglected the order must first be found in contempt. In other words, they knew they were neglecting the order, even willfully, but did so anyway. If this is true, and they continue to neglect their responsibilities, a judge may penalize the party through fines, wage garnishment, jail time, and more. If a judge believes the party was unclear about his or her obligations, it may be possible for the court to make them more clear and understandable; afterwhich, they may have another opportunity to adhere to them.

Arlington Family Law Statistics

According to national data, approximately 50 percent of children in the US experience the divorce of their parents. Generally, these children will live through some kind of child custody action between their parents.

It is estimated that approximately 10 percent of all custody cases are decided through mediation. Just under 5 percent actually end up in a trial before a judge.

No matter what kind of custody case you are facing, make sure you have a skilled family lawyer representing you. Call our office to learn more.



Frequently Asked Questions About Family Law

What is the process for filing for divorce in Arlington?

In Arlington, Texas, the divorce process starts when one spouse files an Original Petition for Divorce with the appropriate district court in Tarrant County. Texas law requires that at least one spouse has lived in the state for six months and in the county for at least 90 days before filing. The petition must state whether the divorce is fault-based (such as cruelty or adultery) or no-fault (most commonly “insupportability,” meaning the marriage has become insupportable due to conflict). After the petition is filed, it must be served to the other spouse, who then has the opportunity to file a response. The divorce process may involve resolving issues such as property division, spousal maintenance, child custody, and child support. A minimum 60-day waiting period applies before the divorce can be finalized.

How is child custody determined?

In Texas, what many refer to as “custody” is legally known as conservatorship. Courts determine conservatorship based on the best interests of the child, considering factors like the child’s emotional and physical needs, each parent’s ability to care for the child, stability of each home, and any history of abuse or neglect. Texas law favors joint managing conservatorship unless it would not be in the child’s best interest. This means both parents share decision-making rights, though it doesn’t necessarily mean equal physical time. Our team works to ensure that parenting arrangements promote stability and continued involvement of both parents whenever appropriate.

What are the guidelines for child support?

In Texas, child support is calculated using state guidelines based on the paying parent’s net monthly income and the number of children being supported. For example, for one child, the guideline amount is typically 20% of the paying parent’s net income, increasing with each additional child. Other factors such as healthcare costs, insurance, and special needs may be considered. Child support is usually paid by the non-custodial parent to the custodial parent to help cover the child’s living expenses. We help clients ensure child support orders are fair, accurate, and in line with the law.

Can alimony be modified?

Yes. In Texas, court-ordered spousal maintenance can be modified if there is a substantial and material change in circumstances for either party. This might include job loss, disability, or a significant change in income. However, not all alimony agreements are modifiable—if spousal support was set by a private contractual agreement rather than a court order, the ability to modify it may depend on the terms of that agreement. At our firm, we guide clients through seeking or contesting a modification to ensure their rights are protected.

What is the purpose of a prenuptial agreement?

A prenuptial agreement in Texas is a legally binding contract that a couple enters into before marriage, outlining how assets, debts, and other financial matters will be handled in the event of divorce or death. These agreements can be particularly helpful in protecting separate property, preserving family business interests, and clarifying financial responsibilities during marriage. For a prenuptial agreement to be enforceable in Texas, it must be in writing, signed by both parties, entered into voluntarily, and based on full disclosure of each person’s assets and debts. We help couples create strong, enforceable prenuptial agreements tailored to their unique needs.

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2404 Roosevelt Dr, Arlington, TX 76016

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Schedule Your Consultation Today

At Brandy Austin Law Firm, PLLC, we understand the sensitivity of family law matters that our clients face in Arlington, Texas. Our dedicated team of experienced attorneys is committed to providing comprehensive and compassionate legal support tailored to the unique needs of each family. Whether navigating the intricacies of divorce proceedings, child custody and support, alimony modifications, or the drafting and enforcement of prenuptial agreements, we are here to ensure that your rights and interests are protected. With a deep commitment to professionalism and client-focused service, we hope to stand as a pillar of support for individuals and families during their most challenging times, striving to deliver outcomes that pave the way for new beginnings and lasting resolutions.