Frequently Asked Questions

First, consult a child custody attorney who can guide you through evidence collection, document completion, and the legal process.

Once you have an attorney, the paperwork begins. You’ll need to complete forms and collect documents in order to argue your case. Evidence refers to information, documentation, and testimony. This is crucial for demonstrating why you should be granted custody or more parenting time or the right to make certain decisions for the child or why your proposed arrangement serves the child’s best interests. This can include a variety of materials such as medical records, school reports, character witnesses, emails, text messages, photos, police records, CPS records, and more. Properly gathering this evidence involves adhering to specific legal guidelines and restrictions, which an experienced attorney can help you navigate. Working closely with your attorney ensures that all evidence is collected and presented effectively, strengthening your case in court.

If you and your co-parent cannot agree on a custody arrangement in Texas, it’s important to seek legal guidance from an experienced child custody attorney. Disagreements over custody can be challenging and emotionally taxing, but there are legal options available to help resolve these disputes.

One option is to request a trial, where the court determines the custody arrangement based on the child’s best interests. However, going to trial can be costly, time-consuming, and stressful for everyone involved. Before pursuing this route, consider exploring mediation or negotiation, which can be a less stressful solution. At Duffee + Eitzen, we prioritize mediation and negotiation to help parents reach an agreement without going to court. Mediation offers an amicable environment where both parties can discuss their concerns with the help of a neutral third-party mediator. This process fosters better communication between parents and encourages them to work together to promote their child’s well-being.

Once a custody arrangement is established, both parties are legally required to respect its terms. Violations can lead to severe penalties, including reduced custody rights or court-imposed fines. Our attorneys are well-equipped to represent you in court, ensuring that your rights and parenting time are upheld.

We recognize that every custody case is unique, and we provide personalized legal support tailored to your needs. Whether through negotiation, mediation, or court representation, we are committed to securing a fair and favorable outcome for you and your child.

Preparing for a child custody trial in Texas is a crucial step in ensuring that your rights as a parent are protected and that the best interests of your child are considered by the court. Being well-prepared can greatly impact the outcome of your hearing. Here are some important things you should know and do before your custody trial.

Organize the following information for your lawyer:

• Child’s birthdate
• Child’s special needs
• Medical background
• Daily schedule
• Extracurricular activities (as well as names of all sponsors/coaches)
• School teachers’ names and grade
• Potential witnesses names, contact information, and connection to the case

Having the right documents ready is a vital part of your preparation. Ensure you have:

• Other parent’s contact information
• Proof of paternity, if at issue (affidavit or the results of a DNA test)
• Proof of income
• Photographs evidencing your concerns such as abuse or neglect
• Emails, texts and social media posts evidencing your concerns and issues
• CPS records if they exist
• Police reports when relevant

In Texas, modifying a custody arrangement requires navigating a specific legal process. Either parent can initiate a modification case, typically to change custody, visitation, child support, rights and duties, decision making power, and/or medical support orders. Before proceeding, it’s wise to consult with a child custody lawyer. An experienced child custody attorney can explain your rights and help determine if modification is in your child’s best interest.

Several circumstances can warrant a custody modification. If both parents agree on the changes, they can jointly file for a modification. This mutual agreement is often the most straightforward path. Alternatively, if the child is 12 years or older, they may express a preference to live primarily with a different parent, which the court may consider. Additionally, if the parent with primary custody voluntarily relinquishes care of the child for at least six months, a modification might be appropriate. Often a modification is filed because one parent is troubled about emotional, mental, or physical abuse or neglect in the other parent’s home. The modification is filed to ask the court to narrow the other parent’s time or require it to be supervised. When substance abuse or mental illness is interfering with the other parent’s ability to parent the child, a modification is needed.

To begin the modification process, one must file a petition with the court, detailing the reasons for the requested changes. If parents cannot agree, the court will schedule a hearing. The collaborative process or mediation is often encouraged, allowing both parties to negotiate and potentially reach an agreement without a full trial. If no agreement is reached, the court will ultimately decide whether the modification is warranted, prioritizing the child’s best interests. It’s crucial to remember that the existing custody order remains in effect until a modification is approved — unless emergency relief is granted in dire situations — and compliance with this order is mandatory, lacking mutual agreement otherwise. Legal representation can significantly impact the outcome, ensuring that your rights and your child’s interests are protected. Contact Duffee + Eitzen’s child custody lawyers for expert guidance tailored to your situation.

A divorce becomes complex when it involves high-value assets that require specialized expertise to accurately evaluate and divide. In Texas, all property acquired during a marriage, unless acquired by inheritance or gift, is classified as community property, which must be divided equitably during a divorce. However, when the marital estate includes assets that are difficult to value, such as business interests, executive compensation, or commingled property, the division process can become particularly challenging.

Complexity arises in various forms. For instance, business valuations require an in-depth analysis of current worth, future earnings potential, and intangible assets like goodwill. Similarly, accurately categorizing property as either community or separate is crucial, especially when dealing with assets that have been mixed over time.

Other factors contributing to a complex marital estate include executive compensation packages, and pension plans, all of which may require specialized appraisals and financial expertise. Given the intricacies involved, it is essential to work with an attorney experienced in complex property solutions. This ensures that all assets are meticulously identified, properly valued, and divided in a way that safeguards your financial interests.

A tracing expert is a specialized forensic professional who plays a crucial role in complex property division cases, particularly those in high-net worth divorces. Their primary function is to identify, track, and document the transformation of separate property over the course of a marriage. This process is essential when a spouse claims that certain assets should be characterized as separate property—property owned before the marriage or acquired through inheritance or gifts during the marriage—rather than community property, which is subject to division upon divorce. A tracing expert must meticulously document the origin and movement of funds to prove that they retain their separate property status, based upon tracing rules in family law. Without clear and convincing evidence, which is often documented by a tracing expert, it can be challenging to convince a court that certain assets should not be divided as community property or awarded as separate property.

Whether you need a tracing expert ultimately depends on the complexity of your marital estate and the extent to which separate and community property have been mixed or transformed during the marriage. If your case involves substantial assets, long-term marriages, or significant commingling of funds, a tracing expert can be helpful. They not only help build a solid case by providing clear evidence but also add credibility to your claims during mediation or trial. At Duffee + Eitzen, our team is well-versed in working with tracing experts to ensure that your assets are accurately characterized and your financial interests are protected throughout the divorce process.

To prove that certain assets are your separate property during a divorce, you will need to provide clear and convincing evidence through documentation. This documentation should establish that the asset in question was acquired before the marriage, inherited, or received as a gift. The following are key documents that can help you prove separate property:

Title Documents

• • Deeds and Titles: These are critical for proving ownership of real estate or vehicles acquired before the marriage.
  • Bills of Sale: Documents showing the purchase of assets before the marriage.

Financial Records

• • Bank Statements: Statements from accounts that existed before the marriage can show that funds were kept separate from community property. All statements from prior to the marriage to date would be needed.
  • Investment Account Statements: Documents showing the ownership of stocks, bonds, or other investments prior to marriage. All statements from prior to the marriage to date would be needed.
  • Loan Documents: If you had any debts before marriage, loan agreements can demonstrate their origin.

Inheritance and Gift Documentation

• • Wills or Trust Documents: If you inherited assets, these documents will show that the inheritance was intended solely for you.
  • Gift Receipts or Letters: Documentation that gifts received during the marriage were intended as your separate property.

Property Appraisals

• • Valuation Reports: Appraisals conducted at the time of purchase or at the start of the marriage can help establish the value and ownership of property.

Prenuptial or Postnuptial Agreements

• • Legal Agreements: These documents can explicitly define what is considered separate property, helping to avoid disputes during a divorce.

Tax Returns

• • Tax Filings: Previous tax returns can be useful to show ownership of assets prior to the marriage.
  • Purchase Receipts: Original purchase receipts for valuable items like jewelry, artwork, or collectibles acquired before marriage.

Trust Documentation

• • Trust Agreements: If assets are held in a trust, these documents can show that the trust and its assets are separate from community property.

Having these documents organized and ready is essential in making a strong case for the characterization of assets as separate property. An experienced attorney can help you gather the necessary documentation and work with forensic experts if needed to trace and protect your separate property during the divorce process.

You’re not required to hire an attorney to file a child support enforcement action in Texas, but having one on your side can make the process smoother and more effective.

The attorney general’s office in most cases will handle child support enforcement for free.

An attorney who specializes in family law can take the time to understand your unique situation, explain your rights, and guide you through the legal process with ease. They can work with you to create a personalized strategy, whether that means negotiating with your ex-spouse to find a solution or, if necessary, filing contempt proceedings to ensure the child support order is enforced.

An attorney can also help you gather and organize the essential documentation, like payment records and communication logs, to build a strong case. Should your case go to court, your lawyer will advocate for you, working to make sure the child support order is upheld and that you receive the payments you deserve to support your child. If the paying parent continues to fall short, your attorney can explore additional legal steps, such as modifying the child support order or asking the court to impose penalties like fines or even jail time for non-compliance.

In short, while you can handle the process on your own, having an attorney can give you peace of mind and increase your chances of a positive outcome.  However, for cost savings, the attorney general is a good option to consider.

No, you cannot legally prevent the non-paying parent from exercising their visitation rights, even if they are not paying child support. Under Texas law, child support and visitation rights are treated as separate issues. This means that failure to pay child support does not give you the right to deny the other parent access to their child.

It’s crucial to continue following the court-ordered visitation schedule, regardless of the other parent’s compliance with their child support obligations. If you attempt to withhold visitation, you expose yourself to potential legal consequences. The non-paying parent might counter your enforcement action with one of their own, claiming that you are in violation of the court order regarding visitation. Such actions could lead to civil liability or criminal charges, particularly if the other parent accuses you of interference with possessory interest in a child.

If you’re facing challenges with a non-paying parent, it’s advisable to consult with a family law attorney who can guide you through the process and ensure that your rights, as well as your child’s best interests, are protected. You can also contact the attorney general’s office for assistance. Your attorney can help you take the appropriate legal steps to enforce the child support order while ensuring that you remain compliant with the visitation schedule, thereby strengthening your position in court.

Yes, a Texas judge can enforce a child support order against a parent living outside of Texas under certain circumstances. This is made possible through the Uniform Interstate Family Support Act (UIFSA), which provides guidelines for how states can work together to enforce child support orders when parents live in different states.

For a Texas court to enforce a child support order against an out-of-state parent, the court must establish “personal jurisdiction” over that individual. Personal jurisdiction is another way of saying that the Texas court has the legal authority to make decisions affecting the nonresident parent. According to the Texas Family Code, personal jurisdiction can be established in several ways:

• Service of Citation: If the nonresident parent is personally served with legal papers while physically in Texas, the court can claim jurisdiction.
• Consent: If the nonresident parent agrees to the jurisdiction by consent, such as by participating in court proceedings, filing legal documents, or entering an appearance in the Texas court.
• Residency Ties: If the nonresident parent lived with the child in Texas, or if they lived in Texas and provided support or prenatal expenses for the child, the Texas court may claim jurisdiction.
• Actions Leading to the Child’s Residence in Texas: If the child lives in Texas because of decisions made by the out-of-state parent, this could also establish jurisdiction.
• Other Acts in Texas: Even if the child was conceived in Texas or if the parent registered as the child’s parent in Texas, these actions can provide grounds for jurisdiction.

In cases where jurisdiction is established, we recommend working with an experienced family law attorney to navigate the complexities of interstate child support enforcement. An attorney can help ensure that the child support order is enforced effectively, protecting your child’s right to financial support.

Several circumstances may prompt the need for a post-judgment modification. Some common reasons include:

1. Change in Income: A significant increase or decrease in one party’s income can sometimes justify a modification in support obligations.
2. Relocation: If a parent needs to relocate, this can impact the existing parenting schedule, necessitating a modification.
3. Change in Child’s Needs: As children grow, their needs evolve. Modifications may be necessary to address new educational or healthcare requirements.
4. Changes in Employment: Job changes or loss may affect a party’s ability to meet financial obligations, warranting a review of support arrangements.

Navigating the process of modifying a divorce decree can be complex, but our modification attorneys are here to assist you every step of the way. The general steps include:

1. Consultation with an Attorney: Schedule a meeting with our post-divorce modification attorney to discuss your situation and determine if you have grounds for modification.
2. Gather Documentation: Collect all relevant documents that support your case for modification, including financial records, employment letters, and any documentation related to changes in circumstances.
3. File a Motion: Your attorney will help you prepare and file a motion for modification with the court, detailing the requested changes and the reasons behind them.
4. Notification: All involved parties must be notified of the motion, allowing them the opportunity to respond.
5. Negotiations: All parties will negotiate, possibly in mediation or in a collaborative process to reach resolution.
6. Court Hearing: A court hearing may be necessary where both parties can present their cases. Our attorneys will advocate for your interests, ensuring you receive the best possible representation.
7. Final Order: If the court agrees to the modifications, a new court order will be issued reflecting the changes.

The timeline for modifying a divorce decree can vary based on several factors, including the complexity of the case and the court’s schedule. Generally, the process can take anywhere from a few months to a year or more. Factors influencing the timeline include:

• Court Availability: The court’s calendar can affect how quickly your case is heard.
• Completeness of Documentation: Properly prepared and thorough documentation can expedite the process.
• Disagreements Between Parties: If the parties contest the modifications, the case may take longer to resolve.

At Duffee+Eitzen, we prioritize efficiency without sacrificing thoroughness. Our experienced modification attorneys will work diligently to facilitate a timely resolution to your case.

Determining whether you need a prenuptial or postnuptial agreement depends on your unique financial situation, goals, and circumstances.

Both agreements serve to protect assets, clarify financial responsibilities, and outline the division of property in the event of divorce or death. Prenups can be a good option for individuals who:

• Are entering the marriage with significant assets or wealth.
• Own a business, real estate, or investments that need to be protected.
• Want to ensure that property or assets remain separate after marriage.
• Have children from a previous marriage and want to protect their inheritance.
• Seek clarity on how financial matters will be managed during the marriage and in case of a separation.

Postnups can be useful when:

• There has been a significant change in financial circumstances, such as an inheritance or business acquisition.
• One spouse has incurred significant debt, and both parties want to protect themselves from financial liability.
• A couple is seeking reconciliation after a period of marital strain and wants to clarify financial arrangements moving forward.
• The couple wants to adjust their estate plan to better reflect their current financial situation or family dynamics.

Both pre- and postnuptial agreements must meet specific legal standards to be enforceable. In Texas, the agreement must:

• Be in writing and signed by both parties.
• Include full financial disclosure from both spouses or a waiver of disclosure.
• Be executed voluntarily, without coercion or undue pressure.
• Not be unconscionable at the time it was signed.

While it’s not legally necessary to have an attorney when drafting a prenuptial agreement, it’s highly advisable to consult with an experienced family law attorney to ensure your agreement is legally sound and tailored to your specific needs. The prenup lawyers at Duffee + Eitzen are well-versed in Texas family law and can guide you through creating a fair and enforceable prenuptial or postnuptial agreement. Whether you are reviewing an existing agreement or drafting a new one, having a legal document and legal representation can help protect your interests and ensure the agreement fully complies with state laws.

Yes, you can change your prenuptial agreement after getting married, if both spouses agree. A prenuptial agreement is not set in stone and can be modified or even revoked if both parties agree. Life circumstances often change, and so might the need to update the terms of your agreement. Common reasons for modifying a prenuptial agreement include significant financial changes, the birth or adoption of children, or a couple’s desire to redistribute their assets differently.

To modify a prenuptial agreement, both spouses must mutually agree to the changes. This can be done by adding an amendment to the existing agreement. The amendment can either be incorporated directly into the original agreement or written as a separate document that outlines the updated terms. To ensure the modification is legally enforceable, it’s essential that the updated agreement be in writing and signed by both parties. It is also advisable to have the new agreement notarized and kept with the original contract. It’s important to consult with a family law attorney when amending or revoking a prenuptial agreement to ensure the process is completed properly and meets all legal requirements.

According to the Texas Uniform Premarital Agreement Act, valid prenuptial agreements can cover the following:

• Property Rights: Couples can outline each party’s rights and obligations concerning property they own, acquire, or transfer before or during the marriage.
• Asset Management: The prenup can detail how property will be bought, sold, transferred, or managed during the marriage.
• Division of Property: It can also specify how assets will be divided in case of divorce, separation, or death, including ownership of businesses, real estate, and investments.
• Spousal Support: A prenuptial agreement can modify or eliminate spousal support obligations, provided the terms are fair and agreed upon by both parties.
• Life Insurance: The ownership and beneficiaries of life insurance policies can be established within the agreement.
• Choice of Law: Couples may decide which state’s laws will govern the agreement if they live in multiple states during their marriage.
• Wills and Trusts: The prenup can direct the making of wills or trusts to carry out the provisions of the agreement.

What Cannot Be Included in a Prenuptial Agreement?

Certain matters cannot be part of a prenuptial agreement such as:

• Child Support & Custody: The Texas Family Code prohibits any prenup terms that negatively impact child support or custody decisions. The court will always prioritize the best interests of the child, so such provisions would be unenforceable.
• Personal Preferences: Details like household chores, holiday plans, or personal preferences cannot be legally upheld in a prenup.
• Provisions Encouraging Divorce: Anything in the prenup that offers a financial incentive for divorce may be scrutinized or deemed unenforceable by the courts.

Certain matters cannot be part of a prenuptial agreement such as:

• Child Support & Custody: The Texas Family Code prohibits any prenup terms that negatively impact child support or custody decisions. The court will always prioritize the best interests of the child, so such provisions would be unenforceable.
• Personal Preferences: Details like household chores, holiday plans, or personal preferences cannot be legally upheld in a prenup.
• Provisions Encouraging Divorce: Anything in the prenup that offers a financial incentive for divorce may be scrutinized or deemed unenforceable by the courts.

A cohabitation agreement is a legal contract between unmarried people who live together. Similar to a prenuptial agreement, it sets the terms of the relationship and outlines the division of property and financial responsibilities in case the relationship ends. Key aspects covered in cohabitation agreements include:

• Declaring that the couple is not married and does not intend to be married, or that marriage will only happen through a formal ceremony.
• How jointly accumulated property will be treated and divided if the relationship ends.
• Clarifying who owned specific property before moving in together.
• Defining how household expenses will be shared going forward.
• Determining what happens to jointly owned or leased property if the relationship ends.
• How disputes will be handled.

These agreements are flexible and can be tailored to meet the specific needs of each couple. Whether you’re planning to purchase a home together or want to establish financial boundaries, a cohabitation legal agreement can help avoid potential misunderstandings.

While many people believe cohabitation agreements are only necessary for wealthy couples, the truth is they can benefit anyone who shares property or financial responsibilities with a partner. The longer a couple lives together, the more complex their financial entanglements become, making a legal agreement essential for safeguarding both parties’ interests.

In Texas, where unmarried couples’ property rights can be murky, a non-marital cohabitation agreement can clarify issues such as:

• Ownership of jointly purchased property.
• Protection against claims of common-law marriage, which can grant the same rights as a formally married couple.
• Ensuring children from previous relationships or current partnerships are considered when dividing property.

Whether you are entering a relationship or have been cohabiting for years, an agreement can prevent costly legal battles if the relationship ends.

Yes, when properly drafted and executed, cohabitation agreements are enforceable under Texas law. They can help protect against claims of common-law marriage and ensure that property is divided according to your wishes, not based on state law.

Yes, your cohabitation agreement can be modified by agreement if circumstances change, such as the purchase of new property or changes in financial responsibilities. Having an attorney assist with modifications ensures the new terms are enforceable and clear.

So, what exactly should be included in a cohabitation agreement in Texas? Here’s a comprehensive breakdown.

A cohabitation agreement is a crucial legal document for unmarried couples living together, especially in Texas, where common-law marriage is recognized. This agreement helps outline the rights and responsibilities of both partners, preventing future disputes and protecting assets. Here’s what should be included in a cohabitation agreement in Texas

1. Intent Regarding Marriage
   In Texas, couples living together can be considered married under common-law marriage if they meet certain criteria. To avoid misunderstandings, your cohabitation agreement should clearly state whether or not you and your partner intend to be married. This helps prevent future disputes over your marital status and ensures clarity about your relationship’s legal standing.

2. Ownership of Property
   The agreement should define ownership of property, both acquired before and during the relationship. Specify which assets are individually owned and which are jointly held. For example, if one partner owns a home or car, the agreement should state that these remain their sole property. If you buy property together, the agreement should outline how it will be divided in the event of a breakup.

3. Division of Assets and Debts
   The agreement should address how shared assets and debts will be divided if the relationship ends. This includes joint savings, investments, and personal belongings, as well as shared debts like credit cards or mortgages. Clarifying how these will be handled can prevent disputes and ensure a fair division of both assets and liabilities.

4. Financial Responsibilities
   The cohabitation agreement should include provisions for handling living expenses, such as rent, utilities, and groceries. Specify whether expenses will be split equally or based on income. If one partner contributes more, the agreement should outline whether they’re entitled to a larger share of assets in case of separation.

5. Shared Residence
   If you live in a jointly owned or leased home, the agreement should specify what happens if the relationship ends. Will one partner stay in the home, or will it be sold and proceeds split? This ensures clarity and prevents conflicts over housing.

6. Death of a Partner
   The agreement should address what happens to joint property if one partner dies. Without marriage or a will, your partner may not automatically inherit your assets. Including provisions for this ensures that both partners are protected.

7. Conflict Resolution
   Finally, the agreement should include a method for resolving disputes, such as mediation or arbitration. This helps avoid costly legal battles by settling conflicts in a more collaborative manner.

A cohabitation agreement protects both partners and provides peace of mind. Working with an experienced cohabitation agreements lawyer in Texas can help ensure your agreement is legally sound and tailored to your specific needs.

Unlike mediation, where a neutral third party helps both sides reach an agreement, or arbitration, where the decision may not always be final, a private judge handles your case like a regular judge, with the power to make decisions that are legally binding.

If you’re considering private judging for your family law matter, contact Duffee + Eitzen today for the family law advice you need. Our team is here to help you navigate your options and find the best path forward for your unique situation.

Opting for a private judge in family law cases offers numerous benefits:

• Selecting Your Judge: In the public court system, judges are typically assigned at random. However, with a private judge, both parties can agree on someone they trust as a neutral evaluator and who has the relevant expertise to handle the specific nuances of their case.
• Flexible Scheduling: The traditional court system often faces delays due to a full docket. Private judging allows you to avoid these delays by setting a schedule that works best for all parties involved. This flexibility of this alternative dispute resolution can be particularly beneficial in family law matters, where time is of the essence.
• Privacy: Family law cases often involve sensitive topics. Private judges conduct hearings in more private settings, which can be far more comfortable for all parties than a public courtroom. This ensures that your personal matters remain confidential and are handled with the utmost discretion.
• Efficiency: This method of alternative dispute resolution can often resolve cases much faster than the public court system. With the ability to bypass scheduling conflicts and court delays, your case can be heard and decided upon within a matter of weeks, allowing you to move forward with your life more quickly.

While private judging offers many benefits, it’s essential to consider all aspects before making your decision. The costs associated with hiring a private judge can be significant compared to the public court system. However, the advantages of speed, privacy, and control may outweigh the costs for many individuals, especially in high-stakes family law cases.

The process of private judging begins with both parties discussing whether this option is suitable for their divorce. This conversation should cover the benefits, such as increased privacy and more control over scheduling, compared to traditional court proceedings. If both parties agree to proceed, the next step is selecting a qualified private judge. It’s important to choose someone with relevant expertise in family law and experience with complex divorce cases.

Once a judge is chosen, the parties will outline the terms of engagement. This agreement includes scheduling details, the judge’s authority, and any necessary pre-trial procedures. A significant advantage of private judging is the flexibility it offers; both parties can set a timetable that fits their needs, allowing for a quicker resolution of the case.

Hearings conducted by a private judge are similar to those in public court but occur in a more private setting. This allows for a less intimidating atmosphere, where sensitive issues can be discussed without public scrutiny. Overall, private judging provides a personalized, efficient alternative to traditional court, allowing families to navigate divorce proceedings with greater control and peace of mind.

Mediation in Texas generally follows a structured but flexible process aimed at helping parties resolve their disputes outside of court.  The typical steps include:

1. Initial Agreement to Mediate: Both parties agree to participate in mediation, either voluntarily or because it was ordered by a court.
2. Selecting a Mediator: The parties choose a neutral third-party mediator, either by agreement or through a court appointment. The mediator is often an attorney, judge, or trained professional in conflict resolution.
3. Pre-Mediation Preparation: Each party, often with their attorneys, gathers necessary documents and information relevant to the dispute. The mediator may request written summaries from both sides outlining the issues.
4. Negotiation and Discussion: The mediator facilitates discussions between the parties to explore possible solutions. The mediator may meet with the parties individually to assess their positions and identify areas of compromise.
5. Developing Solutions: Through negotiation, the parties work with the mediator to develop potential settlement options. The mediator helps narrow down the issues and encourages compromise on key points.
6. Reaching an Agreement: If both parties reach a settlement, the mediator helps draft a binding agreement that outlines the terms of the resolution. This agreement is then signed by both parties and can be submitted to the court for approval, if necessary.
7. Finalization: If the mediation leads to a resolution,  the agreement becomes part of a court order. If no agreement is reached, the parties may proceed to trial, but the discussions in mediation remain confidential and cannot be used in court.

Mediation offers a less formal, often quicker and more cost-effective way of resolving disputes compared to going to trial. The process encourages open communication and allows the parties more control over the outcome.

Mediation is a tool that is available in both the litigation and collaborative approaches to divorce.

A mediator facilitates discussions between both parties individually and together, helping them reach an agreement but is a facilitator not a decision maker. In contrast, an arbitrator listens to both sides and makes binding rulings on the issues at hand, much like a judge would. The primary difference lies in the decision-making power: mediators do not decide the outcome, whereas arbitrators do.

An appeal is a formal request for a higher court to review a lower court’s decision. Rather than retrying your entire case, the appellate court evaluates whether the trial court made errors in applying the law or considering the evidence. Appeals rely on written briefs, the trial record, and, occasionally, oral arguments. When managed by seasoned appellate attorneys, this process can offer a second chance to achieve a fair, just resolution.

The appellate process begins with filing a notice of appeal, followed by the preparation of a written brief outlining the legal and factual issues for review. The opposing side may file a response, and in some cases, oral arguments are presented before a panel of judges. Ultimately, the appellate court issues a written opinion that may affirm, reverse, or modify the trial court’s decision. Throughout this process, Duffee + Eitzen provides strategic counsel, clear communication, and steady guidance.

Issues that often arise on appeal include the division of complex assets, mischaracterization of property, the calculation of spousal maintenance, the appropriateness of child custody orders, and procedural missteps made by the trial court. Whether the dispute involves business valuations, real estate holdings, or intricate custody arrangements, Duffee + Eitzen’s appellate team has the experience and discernment to present your position effectively and seek a more favorable outcome.

When choosing an appellate attorney, look for a professional who first and foremost has experience with appeals. You also need a lawyer who is strategic, meticulous, and adept at persuasive legal writing—someone who can distill complex arguments into a clear, compelling narrative. Additionally, a top appellate lawyer is calm under pressure, confident before appellate judges, and committed to keeping you informed at every stage. At Duffee + Eitzen, we embody these qualities, ensuring that your appeal is handled with both skill and sensitivity.

By partnering with Duffee + Eitzen, you gain a supportive team of appellate professionals dedicated to seeking justice, clarity, and peace of mind. Let us help you navigate the complex appellate landscape and pursue the outcome you deserve.

Determining child custody in LGBTQIA+ divorces in Texas can present unique challenges due to the state’s evolving laws and a rapidly changing political landscape. In Texas courts, the primary consideration in divorce is the best interest of the child. But even this may be complicated for LGBTQIA+ couples where parentage may be called into question.

There are many presumptions in Texas law that are not necessarily applied equally to homosexual couples in parentage suits. For LGBTQ+ parents, it’s essential to work with an attorney who understands these intricacies, particularly given the rapidly changing political landscape. An experienced attorney can help secure and protect parental rights, ensuring that both parents can continue to play an active role in their child’s life after divorce.