I have been served with legal
papers in divorce and/or child custody suit. What do I do now?
Consider scheduling a consultation with an attorney as soon as possible.
Make sure you pay attention to any scheduled Court hearings or
deadlines. It is better to consult with an attorney sooner rather than
later so that you can give your legal counsel time to respond to any
deadlines and/or prepare for Court. It will likely be difficult to find
an attorney to represent you if you wait until a few days or even a week
before a hearing is scheduled. Do not feel pressured to sign anything
without first seeking legal advice.
What is a SAPCR?
Suit Affecting the Parent Child Relationship
I already have an order
concerning my children but the other parent is not following what the
Court ordered or I want to change it. What can I do about that?
There are specific ways that you can request the Court to enforce or
modify an Order in a Suit Affecting the Parent Child Relationship. A
change in the Order requires certain time to have passed or a change in
circumstances for the parents or children. You may want to consider
consulting with an attorney to go over your options in an enforcement or
modification situation.
What do you I need to bring to a
consultation for a family law case?
You will need to
bring any paperwork that you have been served with or signed if the case
has already started. If you are trying to enforce or modified an
existing Order you will need to bring the most recent Order for that
case. If it is a new case you will need the full legal names, addresses,
and phone numbers of the parties. You will also need the full legal
names and birth dates of any children involved in the case. A list of
any property that you or your spouse own together or separately would be
helpful in a divorce case. Once you decide to hire an attorney to handle
your case, that attorney will likely give you forms to complete that ask
for more detailed information about the parties, children, and the
property.
What do you I need to bring to a
consultation for a Will?
You will need to bring the
full legal names of any children or others that will be listed in the
Will. You may want to create a list of assets such as land, mineral
interest, and personal property to reference during the meeting. If you
are going to complete power of attorney documents then you will also
need to bring the full legal names, addresses, and phone numbers of the
people you want to name as your power of attorney.
What do you I need to bring to a
consultation for a deed?
You will need to provide the
full legal names, addresses, and marital status of the party
transferring the property and the one receiving the property. Also, a
legal description of the property will be needed. Legal descriptions can
be found on the deed or other title document where the party
transferring the property received the property originally.
Do I have to probate a Will?
In most cases, yes, you must probate a Will. Each case
is evaluated on a case-by-case basis to determine what type of probate
must be completed to transfer the property of the Estate according to
the final wishes of the deceased party. A Will must be probated within
four (4) years of the date of death. If probate is not completed in that
time frame the Will may be invalid which can complicate the process
resulting in higher legal fees and more time to complete the probate
process.
Where should a keep my Will?
Original Wills should be kept in a safe place this is weather-proof and
fire-proof. Make sure the person that is designated to probate the Will
knows where to find the Will and has access to that location. Some
people prefer to keep their Wills in a safety deposit box. If you plan
on using a safety deposit box make sure the person designated to probate
the Will has access to that safety deposit box within the bank.