San Marcos, TX Divorce Law Firms & Lawyers

If you have ever lived in the state of Texas for six months and once you reside in a county of Texas for ninety days then you can file for divorce in Texas in the county of your residence. You may seek temporary orders for support, use of the property, payment of the bills, child custody, visitation and child support along with restraining orders or injunctions. Upon divorce the court will make orders that are in the best interest of the children and divide the community assets and debts in a just and fair manner considering fault in the breakup.

The term "joint will" has legal meaning and is essentially a contractual Will. Ultimately, a contract with a spouse regarding child support or possession and access would not be binding. A court will always have the final word because judges are bound to issue a final order in the best interest of the children in a suit affecting parent-child relationships (custody suit).  However, you and your husband can come to an agreement regarding your children during a divorce and seek Court approval to make it a final/court order.  A court will normally approve your agreement unless the Court decides the agreement would not be in the children's best interest. In sum, you cannot contractually Will your child and have it be binding on a Court.    For example, I draft a Will and name my sister as guardian of my children if something should happen to me. I die five years from now and my sister is a homeless drug addict and I never changed my Will. My perfect brother files for custody of my children. My drug addict sister is not going to win custody against my brother in a custody battle despite what my Will states. Likewise, if the father of my children is still living, then neither of them would win against the father in the custody battle, Unless the father is also unfit, a parent will always take legal precedent.  As to joint Wills, these are not used very often anymore as they have many potential problems. There are legal alternatives to contractual Will. For instance, an irrevocable trust. I practice in areas of family law, real property law, small business, and estate planning.  As your issues overlap many of these areas, I would suggest you make an appointment for a consultation before you enter into a joint will.  We offer phone consultations for those in the state that live too far to make it to our office in Plano, Texas. Initial consultations are also offered at a reduced rate.