Frequently Asked Questions About Family and Criminal Law in Texas

Following are some frequently asked questions about family and criminal law in Texas. For more information, speak to a knowledgeable lawyer at Buchanan and Meyer Attorneys.

Questions about Texas family law

Q. As the mother of our children, can I be sure I’ll receive custody if I divorce?

A. No. Texas courts now presume that the best custody arrangement for the children of a divorce is joint custody.

Q. How are assets divided in a Texas divorce?

A. Texas is a community property state, and it calls for marital property (assets and debts) to be divided in a “fair and just” manner. Property that you owned prior to your marriage may be excluded.

Q. Will I be able to get alimony?

A. Texas courts occasionally order spousal support, but usually only if the marriage has lasted longer than ten years, and then usually for not longer than three years. There are exceptions, and your Denton divorce attorney can help determine if you qualify.

Q. What does a pre-adoption home study include?

A. A home study is an examination of your marriage (if applicable), home, finances, background, and parenting skills or resources. The intent is to ensure that children are adopted into stable, loving families with the financial, social and emotional resources needed to raise a child.

Questions about Texas criminal law

Q. What is the difference between a misdemeanor and a felony?

A. Felonies are by far the more serious and are punishable by lengthy prison sentences and hefty fines. Misdemeanor crimes can still have serious ramifications and you should see an attorney.

Q. I was pulled over for speeding off-campus and the officer searched my car and found a joint. How much trouble am I in?

A. Possession of a small amount of marijuana is a misdemeanor crime, and a conviction may make you ineligible for student loans. You should talk to a Denton criminal defense lawyer as soon as possible because the officer may have conducted an improper search.

Q. My student is accusing me of sexual misconduct — what should I do?

A. You must speak with a knowledgeable sexual crimes defense attorney as soon as possible. Charges such as these can shadow your entire life, even if you are found innocent.

Q. My son was in a car accident in which a passenger was killed. Now the police are talking about bringing manslaughter charges — what should we do?

A. Talk to a homicide defense attorney in Denton as soon as possible to begin a separate investigation. Your attorney may be able to challenge evidence and have any potential charges reduced or dismissed.

When you need a legal champion by your side

At Buchanan and Meyer Attorneys, we understand what you are going through and are ready to help. For a free initial consultation with one of our highly skilled divorce, family law or criminal defense lawyers for Denton, Tarrant and Collin Counties, contact us online or call us at 940-312-6748.