What is Family Law?

“Family Law” cases are legal actions which deal exclusively with the legal rights and responsibilities and financial consequences of martial relationships and parent-child relationships.

Examples of family law matters include the following:

  • Divorces (with or without children)
  • Complex property division
  • Post-divorce child custody disputes
  • Relocation cases
  • Enforcement actions
  • Paternity Actions
  • Child support modifications
  • Prenuptial Agreements and Marital Agreements

At the Capps Law Firm, we have the in depth experience and knowledge required to handle complex family law matters. We represent both men and women, and at any given time our clients may include technology executives, entrepreneurs, state employees, military personnel, housewives, and professors — to name a few. With each case, the issues of custody and property division vary. We believe that not only is it important to know the answers to our client’s questions, but also to know what questions need to be answered in each case. We work hard to explain the law to our clients in a meaningful and useful way to allow each client to have input and control in a difficult and trying time. We think that having good information is the first step in making good decisions.

Custody

Just as your relationship with your spouse or significant other is unique and your child is unique, so too are the issues in your custody case. At the Capps Law Firm, we will help you to analyze what your options are during your divorce and/or custody action, as well as to plan and project for yours and your children’s post-divorce needs. While we work to help you establish realistic custody goals, we are also ready to litigate and are not afraid to take your case to trial if necessary.

Prior to opening the Capps Law Firm in Austin, Texas, Kelly Capps practiced family law for 9 years in the District of Columbia and Virginia where she developed a unique perspective on family law cases and a strong understanding and practical application of the law as it applies to multi-jurisdictional matters. Whether your custody case has the added issues of multi-state or international jurisdictional questions, the Capps Law Firm has the experience and competence to assist you as you make decisions for yourself and for your child’s future.

Property Division

A significant portion of most divorces is spent dividing the parties’ assets and debts. Property, like children, can be extremely varied. A divorce case can range from a simple estate with no real property, a bank account and some furniture to a marital estate with small business interests, corporate holdings in privately held businesses, extensive investments, multiple retirement benefits and pensions, stock options, and real estate. In selecting the Capps Law Firm, you can rest assured that your attorney will have the knowledge to successfully deal with the valuation, characterization, and the division of your estate.

Through her work in Washington, D.C., Ms. Capps developed a strong backround in dividing pensions and other retirement benefits, including but not limited to stock options and qualified and non-qualified executive benefits. Ms. Capps has handled cases where the parties were employed by the State Department, the World Bank, the International Monetary Fund, the U.S. Military (both active duty and retired), other federal employees, the State of Texas, the University of Texas, IBM, Motorola, 3-M, and Dell. The skills and knowledge gained through this experience and her interest in property division has allowed the Capps Law Firm to grow and offer superior service to its clients as they face a divorce.

Complexity of Cases

Are all divorces complex? Of course not. Any while we stand ready to handle complex family law matters, we are also equipped to initiate and finalize your straightforward divorce where you and your spouse have already, or will most likely, agree on almost all issues. Especially in these difficult financial times, people know that spending money to fight over money is not usually to their financial advantage. At the Capps Law Firm, we can assist you at the level of representation which suits your needs. Some clients want to negotiate their own “deal” and bring a verbal agreement back to us for drafting. Other clients would prefer not to have any direct communication with their spouse during their case. Again, regardless of whether your case is fully litigated, handled through collaborative law, or negotiated primarily between the parties, the first step is to have good information — and that means having good counsel.

Choices In How to Proceed

You may have heard about a relatively new process called “Collaborative Law.” Collaborative Law is a method for resolving a family law matter. Adopted in 2001, Texas offers parties and their attorneys the option of proceeding as a collaborative law matter, or through traditional litigation in all family law matters. While the traditional litigation route still offers parties an opportunity to negotiate a mutually agreeable resolution to their divorce or other family law matter without the necessity of a contested trial, collaborative law offers parties a procedurally different negotiation methodology to help them reach an amicable settlement. Learn more about collaborative law by selecting the link above.