Family Law Attorneys

Family Law Attorneys practice law in the area that deals with all the legal issues arising from the family relationship between the husband and wife and children and even extended family members. Family Law Attorneys deal with all aspects of divorce.

Family Law Attorneys or Family Law Lawyers are often referred to as Divorce Lawyers. But Family Law encompasses such areas as; child custody, child support, annulments, property division, alimony, paternity, Father’s rights, adoption, protective orders, civilian and military divorce, spousal abuse, pre-nuptial agreements and often times are involved with estate planning, wills, probate and other legal issues that can face a family.

Divorce Lawyers

A Divorce Lawyer handles the legal termination of a marriage by a court. Divorce proceedings require a petition or complaint for divorce by a spouse. The two types of divorce are fault and no-fault. A no-fault divorce occurs when neither spouse is required to prove fault of the other party, but only testify that their marriage has reach the point of irreconcilable differences between the parties. The fault divorce is a judicial termination of a marriage based on one spouse or both having marital misconduct. The marital misconduct or statutory cause will require proof in a court of law.

Texas Board Certified Family Law Attorney

Only around 10% of attorneys in the State of Texas have been certified by the Texas Board of Legal Specialization and even fewer have been certified in Family Law. The State of Texas recognizes and certifies Family Law Attorneys. A Family Law Attorney that has been Board Certified by the State of Texas can display the Board Certification Badge on their website or any other form of advertising. The process of becoming a Board Certified Family Law Attorney requires a great deal of expertise in the area of Family Law. The Board Certified distinction allows the public to know that a lawyer has met the difficult requirements of being certified by the State of Texas as a Board Certified Family Law Attorney.

Family Law –A Brief Glimpse into History

Lawyers across the world practice and specialize in areas of family law. This branch of law covers many legal issues including marriage, divorce, child custody, adoption, and establishing parentage. As the dynamic of a family changes, family law evolves to govern those who seek fairness. San Antonio Divorce Attorney Steve C. Benke practices the law as we know it today, but is cognizant of how and from where our laws evolved.

Sources of Family Law

Different cultures have unique ways of governing a family in times of dispute. In the United States, there are five sources that paved the way for how family law is practiced today. Our laws stem from the following sources:

A state’s constitutional and statutory law
The United States Constitution
Federal Law
Tax Law
Welfare Law
Regulation and zoning laws
Social Influences

Family law represents our values as a society. In instances of divorce or separation, protecting the rights of each individual is important. When children are added to the equation, their rights are placed first because they are the unintended victims. Therefore, family law as it relates to child custody aims to identify the parent or legal guardian that represents the best interest of the children.

For most of our history, the nuclear family was one with two-heterosexual parents. As our ideas of marriage and family evolve, family law has been amended to recognize the rise of civil unions, domestic partnerships, and same-sex marriages.

Common Law of England

For centuries, the legitimacy of a child was important for inheritance and succession. The best way to ensure a child was legitimate was through marriage, where pregnancies would occur after a couple was legally united. Similarly, legal adoptions were created by consent as a result of the Roman law of inheritance.

Common law used to leave decision making regarding family matters to the father, often done in silence. Legal influence from the outside would only intervene in instances of serious child abuse. Modern law intervenes more readily into family matters to protect the welfare of children; intervening even in instances of no abuse. Due to these factors, family law concerning child custody is more complex and judgments about choosing a custodial parent is becoming increasingly difficult.

Marriage and Divorce

Marriage has evolved significantly, as many women are now economically dependent. Most marriages in America are voluntary and not a mechanism for the transfer of property or economic exchange. Modern laws involving property reflect the wishes and desires of married or divorcing couples rather than particular cultural or religious customs. The idea of protecting individual property and assets gave rise to the practice of prenuptial agreements beginning in the late 20th century.

Laws evolve and change over time. Family law has transitioned through the centuries from a focus on inheritance and succession, to laws that protect children from abuse and recognizing women as economically dependent from their spouses. If you have questions regarding issues of child custody, determining paternity, or property rights in divorce, contact a Board Certified Family Law Attorney today.

Personal Injury Attorneys

A Personal Injury Attorney or a Personal Injury Lawyer provides legal assistance to anyone that has sustained a personal injury due to the negligence of another party. A Personal Injury is a legal term that defines and injury to the mind, body or emotion. A Personal Injury Attorney also handles many other types of tort negligence. Personal Injury Lawyers handle cases involving car accidents, wrongful death, property damage, workplace injury, oil field injury, or many other types of Personal Injury.

personal injury attorneys San Antonio

What is a Board Certified Texas Personal Injury Lawyer?

The State of Texas recognizes and certifies a Texas Personal Injury Lawyer. Attorneys or Lawyers that have received the certification in Personal Injury will generally display their Board Certified Badge on their website and will display their area of certification. In the case of Personal Injury, the attorneys that have been certified as a Personal Injury Lawyer will have the category of specialization just below the badge and will list the Personal Injury Lawyer as “Personal Injury Trial Law.” The process of becoming a Board Certified Texas Personal Injury Lawyer requires a great deal of expertise in the area of Texas Personal Injury Law. Although any lawyer licensed to practice law in the State of Texas can call themselves a Texas Personal Injury Lawyer or Texas Personal Injury Attorney, only Board Certified Texas Personal Injury Attorneys can are allowed to display the Board Certified badge and refer to themselves as Board Certified Texas Personal Injury Lawyers. This distinction allows the public to know that a lawyer has met the difficult requirements of the State of Texas to be certified as a Texas Personal Injury Lawyer. These limited number of lawyers are able to call themselves Board Certified Legal Experts.

Bankruptcy Attorneys

Bankruptcy Attorneys can help navigate the Bankruptcy laws that provide for a means to help the consumers who are unable to pay their creditors a way to obtain debt relief through the division of the consumers assets. Bankruptcy is a means for a debtor to make a fresh start and not be punished for their inability to pay their debts. Bankruptcy laws allow certain debts to be discharged after the available assets have been distributed – even if the debts have not been paid in full.

Chapter 7 Bankruptcy

A Chapter 7 Bankruptcy permits you to forgive or “discharge” most of your debts while allowing you to keep most of your assets. A “discharge” is a court order that releases your from all of your dischargeable debts and orders your creditors not to attempt to collect them from you. In a Chapter 7 Bankruptcy case unsecured debts such as credit card debts, signature loans, and medical bills, could be discharged. Certain debts cannot be discharged in Chapter 7 including, but are not limited to, student loans, child support, alimony, property awards in divorce cases, certain taxes, debts obtained by fraud and certain debts incurred shortly before filing bankruptcy.

Chapter 11 Bankruptcy

Chapter 11 Bankruptcy is often referred to as a “business reorganization.” Chapter 11 Bankruptcy allows qualified business (and individuals) to reorganize their obligations and pay their debts with a new payment plan, but allows the business to continue to operated while paying their debts. Chapter 11 bankruptcy allows the creditors to be actively involved in the debtors’ financial affairs by having a vote on the businesses financial plan.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is a debt consolidation proceeding by allowing a consumer or business owner to restructure their debt. A repayment plan is structured by you, your Bankruptcy Attorney and the court so that the consumers payments are reduced and made more affordable. Even when a consumer is unable to repay all of their debts in full, they may be entitled to receive a discharge of their remaining debt at the end of the payment plan. If you home is in foreclosure, Chapter 13 of the Bankruptcy Code can consolidate your debt and will all you to keep your home while steadily reducing your debt to a manageable level.

Texas Board Certified Consumer Bankruptcy Attorney

When there is never enough money at the end of the month to meet your financial obligations, a Board Certified Consumer Bankruptcy Attorney will understand your fears and frustrations. Financial stress can destroy lives. A Board Certified Bankruptcy Attorney can help get you through the entire bankruptcy process. The State of Texas recognizes and certifies Texas Consumer Bankruptcy Attorneys. Board Certified Attorneys or Lawyers that have received the certification in Consumer Bankruptcy will generally display their Board Certified Badge on their website or other forms of advertising. The process of becoming a Board Certified Consumer Bankruptcy Attorney requires a great deal of expertise in the area of Texas Bankruptcy Laws. Although any lawyer licensed to practice law in the State of Texas can call themselves a Texas Bankruptcy Attorney or Texas Consumer Bankruptcy Lawyer, only Board Certified Texas Bankruptcy Attorneys are allowed to refer to themselves as Board Certified Consumer Bankruptcy Attorneys. This distinction allows the public to know that a lawyer has met the difficult requirements of the State of Texas to be certified as a Board Certified Bankruptcy Attorney. Visit our website