Frequently Asked Questions

Changing the name of a child does not alter the legal identity of the father, and the court will typically only allow for a child’s name to be changed when the new father is assuming legal custody of the child or adopting him or her. In these situations, a court order to change the child’s name will be included in the decree. A father cannot be forced to abandon their parental rights, and unless changing the child’s name can clearly be demonstrated to be in the best interests of the child, such an order is unlikely to be granted.

To learn more about parental rights and the legal status of a child’s name following a divorce or in the process of adoption, call Diggs & Sadler today at (713) 766-5355 ">(713) 766-5355 and speak directly with our experienced Houston lawyers.

Changing the last name of your children from a husband’s last name to your own, or removing a portion of a hyphenated name, is not always a simple process. With the assistance of your attorney, you will need to demonstrate to the court via petition that the name change serves the best interest of the child. This decision will be made on the basis of the strength of the parental relationships involved, and ultimately will require convincing evidence that a change is in the best interest of the child.

To learn more about the process of having the last name of your children changed, call a divorce lawyer from Diggs & Sadler today at (713) 766-5355 to schedule a consultation.

The division of stock options can be a tricky process, and is often largely dependent on the facts of a particular situation. In order to get a clear sense of what the division of a stock option might look like, you should have your attorney carefully review the specific terms of the option agreement in question. It is also important to note whether the stock option was offered as part of a compensation package to the specific employee in question, or if it is available as a benefit to all (or most) employees at the company.

Broadly speaking, however, a stock option which was received during the course of a marriage will be counted as community property. Even if they are not fully vested at the time of divorce, some portion of the asset can be claimed and awarded to the non-employee spouse (similar to the discussion above regarding RSUs – see Section 3.007 of the Texas Family Code). If the options were awarded prior to marriage, but were contingent on the employee remaining employed during part or all of the marriage, then those stock options would also be considered community property in a divorce proceeding. The degree to which the options “touch” the marriage (the timing of issuance and the reliance on work performed during the marriage) will is the guiding factor in determining whether, and to what extent, stock options are treated as community property.

A simplified divorce, like its name suggests, is the fastest and easiest ways for a couple to obtain a divorce. However, they must be able to come to an agreement themselves about several issues, and they must not have any minor children. Couples with minor children must have certain issues, such as child custody and support reviewed by the court. Couples with children who have reached adulthood are permitted to obtain a simplified divorce if they each agree that the marriage is not salvageable, and agree on how property should be divided between the two of them. Any dispute will likely result in a more complicated divorce if it is not resolved privately.

If you are considering divorce, whether simplified or otherwise, it is wise to have experienced legal counsel on your side to help you avoid missteps and protect your interests. To speak with a qualified attorney, contact the divorce lawyers of Diggs & Sadler today at (713) 766-5355">(713) 766-5355.

Divorce can be difficult period in anyone’s life, and many people may wonder if they are the only ones who have had to go through the experiences they are dealing with. Research into marriage and divorce has found that the reasons for divorce are similar for many people. Some of the most common issues that factor into divorce include financial difficulties, communication issues, infidelity, fundamentally different values and goals, and drug and alcohol abuse. Although these are some of the most common causes of divorce, there are many more reasons that people choose to end a relationship.

If you are considering filing for divorce, a lawyer can help you protect your legal rights and interests. To speak with an experienced lawyer about your case, contact the firm of Diggs & Sadler at (713) 766-5355 ">(713) 766-5355 today.

While in the past there were specific statutes which provided for custody being awarded to the mother whenever children were of “tender years,” these rules have been rejected entirely by most states, including Texas. Modern divorce proceedings take into account the parental fitness of each parent when custody is disputed with no bias toward either parent. Typically, the ongoing perception of women being more likely to receive custody stems from a disproportionate number of fathers voluntarily granting sole custody to the mother.

If you wish to make a case for custody of your children, a lawyer at Diggs & Sadler can help you understand your rights and options. Call us today at (713) 766-5355 ">(713) 766-5355 for a consultation.