The popular conception of legal cases is that they all come down to spirited arguments in a courtroom. Picture this: a judge banging their gavel on a desk. Parties to a case exchanging angry glances and terse words. Chaos, in other words. This certainly sets the scene for a made-for-television movie. Drama abounds, without a doubt.
What we in the real world need to figure out is whether the reality of a family law case matches up with this dramatized depiction. In order words: is the most important aspect of a family law case what happens inside the courtroom? Or are there other parts of a case that are just as important and meaningful? That is what we are examining in today’s blog post from the Law Office of Bryan Fagan.
Court orders are the result of a family law case
At the end of the day, a family law case comes down to the court orders drafted by you and your opposing party. Any arguing, debate, negotiation, and settlement that ensues from the case is encapsulated in court orders. These court orders are what you need to pay close attention to. Whatever is in those court orders determines the course your case takes.
Ultimately, what you want to have are court orders that are enforceable in the future. This means that the court orders need to be the kind that you can hold your opposing party accountable for if those court orders are violated. Unenforceable court orders are not worth the paper that they are printed on. All the effort put forth in your family law case would be for nothing.
Therefore, paying close attention to issues related to drafting legal documents deserves your attention. The better your orders the more secure your future is. Even documents filed during your family law case need to be emphasized and scrutinized. Unnecessary delays and expenses result from poorly drafted legal documents.
The Law Office of Bryan Fagan- here to help in all areas of a family law case
At the Law Office of Bryan Fagan, we are not here only to focus on the glamorous or high-conflict areas of a case. Rather, we pay close attention to every single area of your case. From the noteworthy to the banal, the Law Office of Bryan Fagan is here to assist you achieve your goals.
When it comes to drafting well-thought-out and articulated legal documents, the Law Office of Bryan Fagan is prepared. We serve clients in the courtrooms of Texas every day. However, what other attorneys do not stress to the degree we do is our commitment to well-drafted legal documents. We know that the details matter in a family law case. Big or small, obvious or not, the Law Office of Bryan Fagan prides itself on having an eye for detail. We take seriously the responsibility of drafting legal documents as well as possible.
Today from the Law Office of Bryan Fagan we are focusing on mistakes made in drafting legal documents. We hope that by sharing these mistakes you can avoid the impacts of poorly drafted legal documents. If you have any questions about the material shared today, please contact our office for a free initial consultation.
Mistake #1: Lack of legal understanding
Drafting legal documents is a skill learned only after a great deal of repetition and practice. It is not something that a person can develop from a couple of minutes of Google searching documents online. Unfortunately, this is how many people in your shoes attempt to draft legal documents. It is not advisable to spend half an hour looking through online search results for properly drafted legal documents. Your case is particular to you and the orders in your case require a personalized touch. This is not something that you will be able to find online.
Using templates is not always a good idea
Templates are not necessarily bad things. For example, attorneys use templates to begin drafting many legal documents in a family law case. These templates are reviewed by trusted legal sources. Additionally, attorneys who utilize them can provide their opinions on how they may be updated. This stands in stark contrast to the templates available for free online. These templates are not reviewed for accuracy and are offered by websites that are unverified in and of themselves.
Working with an attorney to draft orders specially tailored to your case
An experienced family law attorney helps you to draft legal documents specific to your case and circumstances. As a result, your orders and documents stand to benefit you much more as a result. The law is not a field where you can safely “copy and paste” your documents from one case to another. Because your case is unique you need to be able to come up with court orders tailored to your needs.
Mistake #2: legal documents that are not specific nor detailed enough
Documents filed in court need to be specific and detailed. The reality of a family law case is that unless the orders you draft are specific and enforceable you have accomplished nothing. This may sound like harsh words to utter but they are true. You must be able to have your orders stand up to scrutiny in an enforcement case. Unless you can do this then mistakes have been made. Reopening a family law case to review errors or omissions is a costly and time-consuming process.
In family law, some realities need to be accounted for in court orders. This is especially true as circumstances tend to evolve in family law cases rapidly. Here are some more thoughts on this. Additionally, we at the Law Office of Bryan Fagan invest in you now and in the future. This means that we contemplate where your case is now and in the future. Being prepared for any outcome of a case is what sets the Law Office of Bryan Fagan apart from other attorneys.
Overlooking future contingencies
The circumstances of your family will certainly change over time. That’s just the nature of life for a young family. What was true today will almost certainly not be true tomorrow. As families evolve and change over time their court orders may not necessarily be reflective of their current circumstances. This is difficult to do given the multiple directions your case can go.
That said, it is still important for you to be able to prepare for these changes as best as possible. Consider your position right now and where your life is likely to be in the future. If you have children involved in your family law case, then you need to think about changes to your case and how they will affect your kids. One of the important aspects of being represented by an attorney is gaining a perspective like this.
Forward-thinking, addressing future changes in circumstances
An experienced family law attorney can help you to draft forward-thinking court orders. As your life develops you want your court orders to be able to keep up with the current state of things. This is easier said than done in many regards, but you can do it. However, it is unrealistic that you wouldn’t be able to do this on your own. With all the responsibilities in your life, it is difficult to also become an expert in drafting court documents.
Working with an experienced family law attorney helps anticipate changes and account for them in court orders. Attorneys with the Law Office of Bryan Fagan understand the challenges that are part of a family law case and account for them daily with our clients.
Mistake #3: Not ensuring the law is valid
Much like your life’s circumstances, the Texas Family Code is always evolving. Each legislative session sees some degree of tinkering with the Texas family law. Some of these changes are significant while others are less important period however, regardless of the changes to the family laws in Texas it is still important for you to be aware of current law. Applying old law to your case is a pointless endeavor. Doing so hurts you and your family in the long run.
Working with an experienced family law attorney helps to ensure that the law being utilized in your case is current. The more detailed the analysis of your case is the better off you are in the future.
Mistake #4: Skipping legal review
Understanding what you do not know in a family law case is important. For many people, going through a family law case for the first time is an intimidating prospect. So much is riding on the case’s outcome. With that in mind, many people place a tremendous amount of pressure on themselves to achieve certain results. With that said, the more help you can receive in the case the better the result of the case will be.
However, many people skip over this part of a case. The motivation to not seek additional help in drafting court documents is varied. Some people in your position simply want to finish their case as soon as possible. Others allow pride to get in the way and do not want help as a result. Whatever the reason, it is a mistake to not seek additional help in the context of drafting family law documents.
The Law Office of Bryan Fagan offers limited-scope agreements between our office and our clients. We know that one-size-fits-all does not work in the world of Texas family law. As a result, we seek to meet our clients where they are. If a full-fledged attorney-client relationship does not suit you then we have different arrangements to consider. You may want an attorney to represent you in a particular hearing. Or you may seek an attorney’s help in drafting a document. Whatever the case may be our office is here to help you sort through various family law issues.
A brighter future is achievable for your family
Processing the challenges and conflicts within a family law case is not easy. Family law cases combine difficult, factual, legal, and emotional matters. Working alongside a legal team that understands the multi-layered challenges of a family law case is essential to your success.
The Law Office of Bryan Fagan, PLLC is a team of legal professionals in Texas who provide top-notch legal support and strategy to our clients. No matter the circumstances you and your family are going through, the Law Office of Bryan Fagan is here for you. The legal advice and perspective we share is personalized to your circumstances. There is no “one size fits all” type of advice given by your group of experienced attorneys. Helping you and your family reach a favorable resolution to your legal situation is what our attorneys specialize in.
Contact our office online or at (713) 338-2709 to schedule a free-of-charge consultation today. A free initial consultation is a great starting point to learn about Texas family law and to develop a strategy for your case.
Does a family law dispute have you concerned? Contact the Law Office of Bryan Fagan today
The Law Office of Bryan Fagan specializes in Texas family law. Our attorneys are equipped to advise you in a variety of areas of family law including:
- Divorce
- Annulment
- Child custody
- Child support
- Alimony and spousal support
- Property division enforcement
- Parental alienation
- Father’s rights
- Mother’s rights
- Domestic violence
- International child custody cases
Our office has the skills, knowledge, and experience you need in whatever family law issue you are facing in Texas.
The importance of Mediation in Texas family law cases
In Texas family law, mediation is a method parties use to increase the likelihood of a fair and equitable settlement. The more you and your opposing party disagree about, the more likely a trial or hearing is necessary. Going to court greatly increases the time and financial commitments to your case. Mediation is an alternative dispute resolution method geared towards avoiding the courtroom. This is achieved by placing you and your opposing party in the best possible position to negotiate and settle your case.
The mediator is a third party, a neutral individual. He or she is not a party to your case. The role of the mediator is to help facilitate discussion and encourage collaboration geared toward a settlement. Mediation is a method of utilizing problem-solving skills instead of litigation to resolve important family law disputes.
The Law Office of Bryan Fagan- Your trusted source on Texas estate planning
Not only is the Law Office of Bryan Fagan skilled at serving you in a family law capacity, but we can also help you with your estate planning needs. Our attorneys understand that estate planning is often overlooked- until it is too late. Don’t delay in planning your estate. Reach out to the Law Office of Bryan Fagan, and lead estate planning attorney Megone Trewick, to discuss:
- Creating a will and/or trust
- Drafting powers of attorney documents
- Organizing your family-owned business or farm
- Planning for your own or a relative’s incapacitation
- Planning for retirement
- Medicaid planning and elder law
- Mapping out your financial and estate-related legacies
- The administration of trusts and probate matters
We at the Law Office of Bryan Fagan understand that the world of estate planning is broad. Whatever goals you have in estate planning our attorneys are here for you. Avoiding probate court and ensuring that your property ends up in the hands of the people you desire are reasonable goals in estate planning.
Personalized goals for individuals
Whether your matter involves family law or estate planning (or both) the Law Office of Bryan Fagan, PLLC, is here to help you achieve your goals. Our attorneys have the heart of a teacher. We take the time to learn about you, your family, and your vision for your case. From there, we aim to serve you with honesty and respect. No case is too big, no case is too small.
Our family law attorneys in Texas believe in providing proactive advice. At the Law Office of Bryan Fagan, we do not merely react to circumstances. We learn your case, anticipate issues, and lead from the front. We provide our clients with dynamic, individual-specific advice based on their lives.
Contact us today for a free-of-charge consultation
In need of a family law or estate planning attorney in Texas? The Law Office of Bryan Fagan is your trusted, local source for the best legal representation. A free-of-charge initial consultation is available by contacting us today.
After speaking with one of our experienced attorneys for a confidential and complementary consultation we believe that you will see why the Law Office of Bryan Fagan has earned the satisfaction of so many prior and current clients.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. Interested in learning more about how your family is impacted by the material in this blog post? Contact us today.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
