Family Law

At Carreon & Beltrán, PLLC, we provide clients throughout West Texas and Southern New Mexico with personal representation in a range of family law matters, including:

Divorce

Divorce proceedings begin when a party to the marriage files for dissolution.  Once that occurs, the courts determine how to classify and divide assets, order spousal support, and if there are children, order custody, visitation, and child support arrangements.  Each state has its own set of laws governing these many issues:

Texas law

• To file for dissolution, one of the spouses must have been a resident of the state for at least six months and have lived in the county for 90 days before filing.
• The no-fault ground for a divorce is insupportability.
• Fault-based grounds for divorce include living apart, cruelty, adultery, abandonment, and conviction of a felony or confinement to a mental hospital on the part of the other spouse.

New Mexico law

• To file for dissolution, one of the spouses must have been a resident of the state for at least six months.
• The no-fault ground for divorce is incompatibility.
• Fault-based grounds for divorce include cruelty, adultery, and abandonment.

Divorce can be a complicated and emotionally trying time for everyone involved, but the guidance of an experienced attorney can increase the chances of a quick and favorable resolution for all the parties involved.

Adoption

Adoption begins when the prospective adoptive parent or parents petition the court to adopt a child.  In most cases, prior to the completion of a successful adoption, the biological parents' rights will be terminated.  Adoption should be a joyful occasion for parent and child alike, but with all of the legal requirements, it can quickly become a cumbersome process.  Different states have different requirements:

Texas law

• Any suitable adult may adopt a child, whether the adoptive parent is a stepparent, grandparent, relative, or unrelated person, as long as that person is approved by the court. 

New Mexico law

• A prospective adoptive parent must be a resident of the state, unless the adopted child is less than six months old and placed for adoption by a licensed agency.

An experienced family law attorney can ease this process, increasing the chances of a smooth and successful adoption.

Child Support Collection

In a divorce, the court will generally order either or both parents to provide financial support for the child in an amount determined by state statutory guidelines.  The amount of support depends on the needs of the child, and can continue until the child is 18 (Texas) or 19 (New Mexico), or has graduated from high school, whichever is later.  A court may find that a disabled child should receive support indefinitely. 

When child support is unpaid, we assist clients in collecting payments.  This can be done by establishing paternity, moving for an enforcement order, or seeking wage withholding.  In these cases, we operate on a contingency fee basis, which means that we do not collect our legal fees until our clients collect their child support.

Modification and Enforcement

During family law proceedings, the court will issue orders regarding division of property, spousal support or alimony, child custody and visitation, and child support.  In order to later modify a court order, a party must show a material and substantial change in circumstances, such as a party's remarriage, relocation, or change in standard of living.  A change in the child's needs, such as for education or health purposes, may also be grounds for modification of an order.  Negotiating a modification with a judge or other party can be complex and time-consuming, but a dedicated attorney can work to obtain results for you and your family.

We understand that family law issues can prove personally difficult, and seek to provide each client with caring, personalized representation.  To learn more about how we can assist you and your family, contact Carreon & Beltrán, PLLC today.