In Texas, spousal support is not part of a division of marital property or child support. A spouse temporarily pays from future income in order to support their ex-spouse after a divorce. Temporary spousal support refers to when the money is paid prior to the finalization of the divorce.

Spousal support is a court-ordered alimony payment. Furthermore, courts determine the amount of spousal support based on available evidence and in the hope of making a fair decision for all parties involved. If you are currently seeking spousal support or you’re paying support, you should definitely acquire the services of a knowledgable Colleyville divorce lawyer and family law attorney to represent you. Rashelle Fetty and The Fetty Firm are ready to represent you in court and to find the best legal resolution for you.

Spousal Support in the State of Texas

Qualifications for Spousal Support in Texas

Courts can assign spousal support payments in instances when the petitioning spouse lacks enough money or assets for basic needs in addition to one of the following circumstances:

• If a spouse is convicted of an act of family violence against the other spouse or the shared child while married. If the incident occurred during the divorce proceedings or within two years of filing for divorce
• 

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  When the petitioning spouse can’t earn enough income needed for essential needs and the marriage lasted longer than ten years

• If the petitioning spouse has custody of a child from the marriage. The child requires special care for mental or physical disability. In this instance, the petitioning cannot cover all expenses

You should note that this is simply an overview of spousal support in the state of Texas. For more detailed information on spousal support in Texas, contact Rashelle Fetty and The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can learn more about spousal support by visiting our website.

Regardless of the couple, sometimes things just don’t work out. While everyone wishes to have a marriage that lasts forever, the truth is that many times, a time will come when you and your spouse have to call it quits. When this time comes, there will be a series of legal and financial challenges that’ll come with the divorce process. If you reside in the state of Texas, you’ll have to make sure that you follow the right steps to make sure your divorce proceedings result in the best resolution for you.

Eligibility for Divorce

To be eligible for divorce in Texas, at least one of the spouses should be a continuous resident of the state for a minimum of six months. Additionally, the divorce must be filed in a specific county within the state. Furthermore, at least one spouse must have been a resident in the county the divorce is filed for at least 90 days.

Divorce Laws in the State of Texas

Grounds for Divorce in Texas

In the state of Texas, courts allow no-fault divorces. So a person that is requesting a divorce is not required to present any evidence that points to the other person’s wrongdoing. Courts in the state of Texas do consider fault when it comes to making decisions regarding property division. Legal reasons for fault in divorce include adultery, cruel treatment, abandonment for at least a year, incarceration for more than a year, confinement to a mental hospital for over three years, or estrangement by living separately for at least three years.

Process for Divorce

In Texas, the process of divorce is pretty straightforward. First, a spouse will file with the court and consequently serves the other spouse with papers. The spouse who files with the court is called the petitioner. The other spouse is called the respondent. The spouse filing has options for obtaining a standard temporary restraining order, which prevents either of the spouses from disappearing assets before the court begins to divide them. Additionally, this order also asks that both parties act in a civil manner towards each other.

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Afterward, the respondent is required to file an answer. Then the court will issue rulings on child custody, property division, outstanding debt, and other related matters. At this point, spouses can engage in discovery if they believe that the facts are not all present. At this point, they can also try to settle the case, either alone or with the professional assistance of a lawyer. If the case cannot be settled. The judge will set a trial date. Mediation is legally required for both parties prior to the start of the trial.

Once the trial is over, a Final Decree of Divorce is prepared for a judge to sign. This document contains the rulings that the court has made.

Keep in mind that this is simply an overview. Want more information regarding divorce cases in Texas? You should contact Rashelle Fetty and The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can visit our website for more on divorce cases in Texas.

There are many issues in the State of Texas when it comes to parental rights. Unplanned pregnancies are not too rare, and a father may discover that he is not the generic father of a child and may decide to stop paying child support. Additionally, sometimes, a parent is simply in no place to have a child. In these situations and others like them, a parent may decide to terminate parental rights to avoid paying child support.

These types of issues can happen as individual suits or as part of an adoption hearing. During adoption proceedings, a parent can choose to give up their parental rights or the court orders that the first parent’s rights are terminated. Even if a parent does not voluntarily terminate their parental rights, there might still be grounds for the termination of their parental rights.

Termination of Parental Rights in Texas

Ways to Terminate Parental Rights

In Texas, there are two avenues for terminating child support:

• Voluntary termination: Refers to the scenario where a parent agrees to the termination. The parent will sign adequate paperwork reflecting the decision, and then will appear in court to testify that he or she is voluntarily giving up the rights to the child. Voluntary termination of parental rights can also also be used for children who are adopted.
• Involuntary termination: Parent’s rights are terminated without the parent’s agreement. There are many factors that can result in involuntary termination, such as abandonment, neglect, nonsupport, and no contact with the child.

Reasons For Involuntary Termination of Parental Rights

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There are numerous types of parental behavior that result in the termination of parental rights. Here are some of the common reasons that can lead to termination of parental rights:

• Abuse or neglect
• Criminally responsible for the serious injury or death of a child
• Parental abandonment
• Refusing to support the child properly

Please keep in mind that this is simply an overview of parental rights laws in Texas. For more information on the termination of parental rights, contact The Fetty Firm today. Additionally, you can reach Rashelle Fetty and The Ferry Firm by calling (214) 546-5746. Furthermore, visit our website for more information on the termination of parental rights. We look forward to hearing from you. Together, we’ll find a comprehensive resolution to your particular case.

A HIPAA Authorization Form protects you in instances where you become incapacitated. When you sign this document, you’re choosing someone to be able to access your medical records. This designated person can make decisions about your care in situations where you are no longer able to make those decisions yourself. Without a HIPAA Authorization Form, the laws on medical record privacy could prevent the person you choose from being able to view your records.

HIPAA Authorization Forms

What Does a HIPAA Authorization Form Do?

With a HIPAA form, you are able to:

• Nominate a trusted person such as a family member, friend, or trustee so they can have access to your health care information. The person you choose is normally the same person you name to be your health care power of attorney. Additionally, the designated person can make medical decisions on your behalf if you are unable to do so yourself.
• Your authorization comes into effect once your health care provider receives a written request.
• You should note that you are able to recant this form’s authorization at any time. When drafting your HIPAA Authorization document, you’ll document your right to recant as well as stating the revocation procedure.
  

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In addition to the HIPAA authorization form, you should also have a Health Care Power of Attorney. Rashelle Fetty and The Fetty Firm are ready to help you as you work on drafting both of these documents and making sure that they are valid. Overall, estate planning is very complex in several aspects.

Rashelle Fetty and The Fetty Firm have vast experience in terms of helping clients draft important documents. In addition to HIPAA forms, we can also help clients draft trusts, wills, living wills, and other important estate planning documents. Contact us at your earliest convenience to learn more about our services. You can reach The Fetty Firm by calling (214) 546-5746. Moreover, you can learn more about HIPAA forms by visiting our website.

In the state of Texas, child custody is oftentimes referred to as “conservatorship.” So instead of referring to a parent as a “custodian,” courts in the state of Texas are referred to as a “conservator.” Furthermore, conservatorship is the term that describes the legal rights and responsibilities of a parent.

A family law judge decides on the detailed terms of a conservatorship. In the case that both parents come to an agreement for a custody plan, then the courts will just approve a written agreement. In all custody cases, the most important concern for courts is what is the best interest of the child. Moreover, here are the two types of conservatorship in the state of Texas:

• Joint Managing Conservatorship (JMC)
• Sole Managing Conservatorship (SMC)

Rights Included in a Conservatorship

Child Custody Laws in Texas

For the most part, a conservatorship includes the following rights:

• Getting information from the other parent about the child’s health, education, and welfare of the child
• Obtaining access to psychological, dental, medical, and education records of the child
• Ability to speak to a psychologist, physician, or dentist about the child
• Speaking to a school’s officials regarding the welfare and education status of the child, with the inclusion of school activities
• Consent to dental, surgical, and medical treatment during an emergency involving dangers to both the health and safety of the child

Joint Managing Conservatorship

In a Joint Managing Conservatorship (JMC),  both parties share the duties and the rights of a parent. Even in this situation, one parent is awarded the exclusive right to make certain decisions. In the case that both parties are named conservators, the courts will specify the responsibilities of each parent separately and jointly.

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Sole Managing Conservatorship

An SMC, or Sole Managing Conservatorship, means that a single parent has the right to make certain decisions regarding the child. Additionally, an SMC gives the designated parent rights, such as:

• Making a decision on the primary residence of the child
• Ability to consent to medical and dental treatment
• Consenting to a psychiatric and psychological treatment
• Legal right to attend school activities
• Right to receive child support
• Ability to make decisions concerning the child’s education

Keep in mind that this is simply an overview of child custody laws in Texas. If you want to learn more about our child custody law services, contact us by calling (214) 546-5746. We look forward to hearing from you and helping you in your child custody case.

At the core of any good estate plan, you’ll likely find a trust. Think about this, who do you trust with making decisions in your best interest when you are unable to do so yourself. Family members and friends might be the first things to come to mind. No matter who you decide, the person you select receives full authority for making important decisions on your affairs. Therefore, the person you choose should be someone that knows you well and is knowledgable about your wishes. This document appoints the person of your choice to manage your personal affairs when you are unable to do so due to sickness or another reason. By creating this document now, you’ll attain peace of mind with the knowledge you’ll receive assistance from someone you trust, rather than a stranger. The Fetty Firm is fully capable of helping clients draft this document and making sure it’s validated in Texas courts. Generally speaking, there are three types of power of attorney:

Powers of Attorney: What to Know

• General Power of Attorney – This type of power of attorney gives the chosen individual full control over all affairs
• Specific Power of Attorney – There is an option where the designated individual can act on your behalf only in certain circumstances
• Medical Power of Attorney – The designated individual makes medical decisions on your behalf when you’re not able to so

What to Know

Under Texas law, the individual appointed to manage your affairs has extensive authority. Here are some of the powers the designated individual will have:

• Opening and closing bank accounts on your behalf
• Withdrawing money from your bank accounts
• Selling your property without having to notify you first

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Keep in mind that this is merely a partial list. When choosing someone for your general power of attorney, you’re essentially allowing someone to decide on matters you’d normally manage yourself. Furthermore, this is only a general overview of the powers of attorney. For more information on this and other family law matter, contact The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, click here to set an appointment.

Formerly referred to as spousal maintenance, spousal support is an alimony payment ordered by the court. In cases dealing with spousal support, the courts will make a decision based on available evidence. If you’re seeking support or if you’re the one paying spousal support, you’ll want to have an experienced family law attorney representing you. The Fetty Firm and its sole attorney, Rashelle Fetty, is fully capable of providing expert representation as you work towards getting the most comprehensive settlement possible. Above all, The Fetty Firm aims to use its experience to help clients living and around North Texas. Contact us at your earliest convenience to learn more about how we can help you.

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Qualifications

Courts can decide on spousal support if the spouse who’s petitioning lacks enough property or assets. Additionally, here are some circumstances that can lead to spousal support:

• A spouse who’s convicted for an act of family violence. This circumstance can be during the marriage while divorce proceedings or within two years of filing for divorce.
• The spouse who’s petitioning has either a mental or physical disability. This disability prevents the petitioning spouse from earning adequate income for basic needs.
• Another qualificative circumstance is when the petitioning spouse can’t earn adequate income for basic needs and the marriage was longer than 10 years.
• If the petitioning spouse has custody of a child from the marriage and the minor needs care for a mental or physical disability. This need for medical care must prevent the spouse from earning enough income for basic needs.

General Overview of Spousal Support

Keep in mind that unless there’s a conviction for family violence, courts will have an initial assumption that spousal support is unnecessary. As such, it’s important that you acquire the services of an experienced family law attorney. Rashell Fetty is ready to advocate for you. We’ll work diligently with the aim of showing the court the appropriate evidence.

Another aspect of estate planning to be aware of is a HIPAA form. This document will also protect you in the case that you become incapacitated. By signing this form, the person you choose will have access to your medical records. The reason being so he or she can make decisions based on those records. This form is important as it allows for someone of your choice to decide important matters regarding your health in the instance that you can’t do so yourself. Without a HIPAA form, medical laws may prevent that person from being able to access those important records.  In 1996, the Health Insurance Portability and Accountability Act passed. This act currently enforces legislation that is designed to reduce fraud and abuse in the health care sector.

HIPAA Forms: What to Know

Although the law is comprehensive, the part we typically focus on is the protection of health information. Your health information is protected in all aspects under HIPAA. The federal Department of Health and Human Services severe penalizes institutions that are found to violate the HIPAA laws. Generally speaking, these violations stem from unauthorized access to or release of physical or health information. Health care providers have strict rules as to who has access to your personal health care information. As such, it’s imperative that you have HIPAA authorization for your estate planning.

Here Are Some of the Things That a HIPAA Form Does as Part of an Estate Plan:

• You’re able to nominate a family member, friend, or trustee. The chosen person has access to your health information. Additionally, this person is normally also your health care power of attorney. As such, this person can make medical decisions on your behalf if you’re unable to do so yourself.
• This type of authorization takes effect when a written request is received by your health care provider.
• In the HIPAA Authorization document, you’ll note your right to revoke the document along with the revocation procedure.

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Typically, an estate plan includes both a HIPAA form alongside a health care power of attorney. Furthermore, The Fetty Firm can help draft both documents and ensure their validation. Keep in mind that estate planning can be very complex. Your best bet is to acquire the services of an experienced family law attorney. Rashelle Fetty and The Fetty Firm offer top-rated services to North Texas residents. Contact us today to learn about how we can help you. You can reach us by calling (214) 546-5737. Moreover, set an appointment by clicking here. We look forward to hearing from you. With our services, you’ll have experienced assistance as you navigate your estate planning process.

An advanced directive, also known as a living will, is an important aspect of estate planning. In short, this document provides doctors and caregivers instructions on what medical treatments you do or don’t want in the case that you’re unable to give those instructions yourself. Those instructions can include orders such as don’t resuscitate and orders regarding organ donation. By creating a living will now, you’ll ensure your last wishes are carried out while also preventing potential problems with loved ones. Living wills typically cover:

General Overview of Living Wills

• Resuscitation, such as CPR or an electric shock to the heart
• Breathing machines
• Tube Feeding
• Dialysis
• Medicine
• Palliative care
• Organ donations

Overview of Living Wills in Texas

A valid living will meets the following conditions:

• The declarant must be in a state of competence
• A requirement of two witnesses
• The living will can be oral with two witnesses and a present physician
• A written directive becomes part of your medical records. If the directive is oral, the witnesses have to sign the medical record
• Advanced directives are not operative for pregnant patients

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Keep in mind that livings wills can be revoked at any time. You can sign and date the revocation or choose to do it orally. The revocation of the document takes effect one the document of intent is sent to an attending physician or when the physician is notified of the revocation. This document will remain valid until it’s revoked. Even more, there are additional legal conditions that’ll apply to these documents. As such, it’s best to contact an experienced attorney for a better understanding. Rashelle Fetty and The Fetty Firm can provide answers to your questions.

If you wish to learn more about this delicate matter, contact us at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can set an appointment by clicking here. Together, we’ll work towards a comprehensive, advanced directive based on your circumstances.

If you’re looking for top-quality legal services in the state of Texas, turn to the award-winning law firm that is The Fetty Firm. We’re proud to announce that our firm is part of Super Lawyers’ 2020 Texas Rising Stars list. This statewide recognition award is an honor that’s only received by the top 2.5 percent of attorneys in the state. This list recognizes attorneys in Texas who have shown distinguishable work in their legal practice. Even more, this patented selection process is rigorous, and only the best are recognized. After all the data is verified, our firm will be listed as a recipient of the award in popular platforms, including:

The Fetty Firm Receives Statewide Recognition

• The Texas Super Lawyers Magazine – Rising Stars, in April 2020, reaching over 63,000 attorneys
• Texas Monthly, in April 2020, reaching more than 2.5 million readers
• Texas Monthly, The Top Attorneys in Texas special edition, in January 2021, reaching over 2.5 million readers
• The web directory on SuperLawyers.com

We are greatly appreciative of the recognition, and we have our sights on remaining as one of the leading law firms in the state. Thanks to our hard work and dedication, we’ve helped countless residents in the Tarrant County area and beyond. Our practice areas include working in family law, estate planning, probate cases. Overall, our aim is to provide compassionate and understanding support for all of our clients. When you opt for The Fetty Firm, you’re betting on quality service, exceptional customer support, and a consistent and rigorous commitment to excellence.

About Our Firm

Contact top-rated attorney Rashelle Fetty

Here at The Fetty Firm, P.C., we take great pride in providing top-quality service to clients in North Texas. Our sole attorney and owner, Rashelle Fetty, grew up in Enid, Oklahoma. She attended college at Old Dominion University in Norfolk, Virginia. During her time at ODU, Rashelle earned her bachelor’s degree in Criminal Justice while playing on the school’s division one golf team. Rashelle began law school Regent University School of Law in Virginia Beach, Virginia, finishing her degree at Texas Wesleyan School of Law. In 2013, Rashelle passed the Texas bar exam, founding The Fetty Firm soon after.

Above all, The Fetty Firm is a great choice for clients looking for understanding and responsive support. Clients are our first priority. We’ll work diligently to demonstrate the difference personal attention makes. If you’re interested in the services of top-rated attorney Rashelle Fetty, contact us at your earliest convenience. You can reach us by calling (214) 546-5746. We look forward to hearing from you. Together, we’ll find the most comprehensive settlement for your case.