New to Frisco? Need a Super Lawyer!??
Family Lawyer Frisco TX
Mark L. Scroggins is a family lawyer Frisco, TX can trust to advise and represent you on a variety of family law matters.
Should you get a prenuptial agreement before getting married? Great question.
How do I proceed with the divorce when all attempts at saving the marriage have failed?
How do I protect myself and my assets if I think a divorce is likely, but I still need time to attempt reconciliation?
These are all excellent questions that Mark L. Scroggins and the attorneys at Scroggins Law Group, PLLC can answer for you.
In recent years Frisco, Texas has grown from a rural suburb of Dallas, to a booming North Texas city with a thriving business community filled with corporate headquarters of numerous companies. Likewise, people from all over the country have been relocating to Frisco along with the corporations that now call Frisco home. As such, many families approaching divorce who moved to Texas from other states don’t have any idea what happens in a divorce or family law case in Texas.
A common misconception is that because Texas is a community property state that means each party in a divorce gets fifty percent of the community estate. That is not correct. If the court divides your community estate, it bases it’s decision on what it determines is a just and right division of the estate. There is no mandate that each party gets half.
So, what is a just and right division of the marital estate? That too, is a great question. And, there is no easy answer to the question. It all depends on the particular circumstances of your case. That’s why it is so important to consult a family law specialist to understand the realm of possibilities.
Under the Texas Family Code, a premarital agreement is an agreement between prospective spouses made in contemplation of marriage that becomes effective and enforceable upon marriage. A premarital agreement must be in writing and signed by both parties, and the agreement is enforceable without consideration. In addition to the Texas Family Code, Article XVI, section 15 of the Texas Constitution also governs premarital and marital agreements. Although no one wants to contemplate possible divorce prior to their marriage, it is often advisable to sort out what would happen should a divorce occur while everyone is getting along.
Today, the Texas Constitution and the Family Code provide the exclusive ways that spouses and those contemplating marriage can change their marital property rights by agreement either prior to their marriage or during marriage. Marital agreements that do not meet the strict requirements of the Texas Constitution and Family Code are not valid under Texas law.
Custody cases and high conflict
Mark L. Scroggins’ board-certification is an asset in high conflict child custody cases in Frisco. High stakes family law cases require a smart, experienced and sophisticated family lawyer who knows the law, how opposing attorneys will react in certain situations, what experts may be better suited for a specific set of facts and circumstances involved in a child custody case and what the likely outcomes are in various circumstances.
Texas uses the term “conservator” in custody cases. Under Texas law, it is presumed to be in the best interest of the children for parents to be named joint managing conservators of their children. Under certain circumstances, one parent may be named a sole managing conservator and the other a possessory conservator. What does that mean? It means that the “sole managing conservator” will have certain rights and duties concerning child rearing that will be exclusively his/hers. These include making educational decisions, elective medical, psychiatric and psychological decisions as well.
If the parents are named joint managing conservators, one parent will typically be given the exclusive right to determine the primary domicile of the children. It is also the norm for joint managing conservators to be subject to a geographic restriction. If a parent is named sole managing conservator, it is rare that there is a geographic restriction.
Modification of custody or support
Life changes. When it does, you may need to modify court orders regarding custody or support. In many cases, a modification case is relatively straight forward and can be handled relatively expeditiously. In other situations, it can be more complex and combative than your original divorce. This often occurs when one parent is no longer making decisions in the best interest of the children.
Board-certification matters. Mark L. Scroggins is a board-certified family lawyer Frisco, TX relies on who can advise and represent you at some of the most trying times of life; divorce and modification of previous child custody orders. Mr. Scroggins has been named “Super Lawyer” by Texas Monthly Magazine five consecutive years (2014-2018). Mr. Scroggins has over 25 years of legal experience, and a support staff at Scroggins Law Group with over 20 years of combined law office expertise. Whether you need a pre-marital agreement, a divorce or need help with any existing family law matters, call Scroggins Law Group in Frisco, Plano or Dallas by dialing (214) 469-3100.