Debt Defense, Probate
Kaufman County Divorce Lawyer
Legal Guidance for Forney Residents in Family Law, Consumer, and Probate Matters
I am David A. Asbill, a family law 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
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.
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.
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.
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.
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.
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.
Consult a Kaufman County Attorney Experienced in Civil Litigation
If you need a capable divorce lawyer in Kaufman County, or assistance with a probate, or consumer law 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.