Frequently Asked Questions

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.