Kaufman County Divorce Lawyer

Legal Guidance for Forney Residents in Family Law, Consumer, Probate, and Injury Matters

I am David A. Asbill, a family law and injury attorney who has been representing clients throughout Texas since 1997 in a wide array of matters. In addition to serving as a Kaufman County divorce lawyer, I assist clients with legal needs in the areas of consumer law and probate. I also help victims pursue compensation after an accident. My practice is devoted to providing knowledgeable legal services at reasonable costs. I firmly adhere to the mentality that a client always comes first, and I have a vast network of colleagues who can assist us in thoroughly addressing the nuances of your legal concerns.

Family Law

When it comes to family law issues, you need a divorce lawyer whom you can trust to be on your side throughout the process. Whether you are going through a divorce, determining child custody, establishing paternity, or adopting a child, legal representation can be a key source of support. These matters have very high stakes and can affect your children and you for the rest of your lives. For example, the enforceability of a premarital agreement can determine the property that a spouse is awarded in a divorce proceeding, which can affect their financial stability after the marriage.

Divorce

When a couple decides to dissolve their marriage, several issues may need to be addressed to make sure that a spouse’s best interests are preserved in the long term. A Kaufman County divorce lawyer can help you petition for a divorce based on fault or no fault. A no-fault divorce is when a couple has irreconcilable differences that make the marriage no longer viable. When petitioning for a divorce based on fault, one spouse must show the marriage has failed based on specified grounds according to the Texas Family Code, including adultery, cruelty, felony conviction, abandonment, separate living, or commitment to a mental hospital. Regardless of the grounds for divorce, the process begins with a petition filed and served on the non-petitioning spouse. From there, the couple may engage in mediation or social studies when minor children are involved, followed by hearings before the court to determine the final order. Texas law requires a 60-day waiting period before finalizing any divorce, which is designed to promote any reconciliation efforts that might be attempted.

Uncontested Divorce

If you meet certain requirements, you may qualify for an uncontested divorce in Texas. You must have no children with your spouse who are under 18 years old, you must not own any property together with your spouse, neither your spouse nor you must be seeking alimony, and neither of you must be going through a bankruptcy proceeding. Also, both spouses must agree on getting a divorce. Getting an uncontested divorce can resolve the process more efficiently and more cheaply. It allows each spouse to move forward with their life without the stress and rancor that can come from a contested divorce.

Child Custody

When young children are involved in a divorce, decisions regarding custody and support can be complicated. Under Texas law, a joint managing conservatorship (JMC) is the preferred option for custody arrangements. A JMC allows the parents to equally share parenting time and decision-making power regarding their children. A sole managing conservatorship may be granted if one parent is unfit to fulfill the major duties and decisions for his or her child. A court determines which custody arrangement to order based on what is in the best interest of the child. The amount of child support is also calculated by the court pursuant to a specific formula set by the Texas Family Code. Sometimes changes occur, and modifications may be sought with the assistance of a divorce attorney in Kaufman County, either for conservatorships or support orders. To obtain a modification, you must be able to show that a substantial and material change in circumstances has occurred.

Consumer Litigation

Businesses and consumers have rights and obligations to each other to interact with fairness and honesty. I represent clients on both sides of consumer litigation, helping creditors pursue the funds that they are due as well as advising consumers who have been subject to unfair business practices about their options. I have successfully handled cases regarding landlord-tenant disputes, wrongful home foreclosures, biased car lease agreements, and many other consumer issues involving an unequal or poorly designed transaction. In Texas, under the Deceptive Trade Practices Act, consumers have the right to bring suit against businesses that have engaged in false, misleading, or deceptive trade practices. Individuals who are successful in a DTPA claim may receive triple the amount of the damages that they incurred if they show a business or person acted knowingly. In addition to representing wronged consumers, I also offer credit card and debt defense services.

Probate

In addition to serving as a Kaufman County divorce attorney and an advocate in consumer litigation, I can provide guidance in the complex process of distributing an estate during probate. When dealing with the death of a loved one, you may need a compassionate advocate who knows the probate process and can help you understand how it unfolds. I offer legal assistance throughout probate proceedings. The goal is to make sure that an estate pays any bills owed and that assets are distributed to beneficiaries properly, whether named in a will or in the absence of a will, pursuant to Texas law. I also assist my clients with matters regarding guardianship, wills, and powers of attorney for the elderly.

Personal Injury

When you are focused on healing after an accident caused by someone else, legal action might not be the first thing on your mind. But it is also important to make sure that your future is financially secure financially. You can potentially hold those responsible for your injuries accountable.

Personal injury lawsuits are most often based on the legal theory of negligence. This may arise when someone breaches his or her duty to act reasonably in a certain set of circumstances. For instance, a driver distracted behind the wheel by his or her phone may cause an accident that injures someone else. This action may be the basis for a negligence claim if the victim can establish that it failed to meet the standard of reasonable care. He or she must also show that the breach caused his or her injuries, and that he or she suffered damages as a result. Damages available for injured individuals in these claims often include medical bills, lost wages, property damage, and pain and suffering.

Consult a Kaufman County Attorney Experienced in Civil Litigation

If you need a capable divorce lawyer in Kaufman County, or assistance with a probate, consumer law, or personal injury claim, contact my office today. I represent individuals in Rockwall and Kaufman Counties, as well as across Texas, in family law cases, negligence lawsuits, consumer litigation, and probate matters. Call 972-564-2050 or contact us online to set up a free consultation regarding your situation.