5 Common Myths (And 3 Truths) About Paternity And Father’s Rights In Texas
There are many misconceptions when it comes to paternity and father’s rights in Texas, and being able to separate fact from fiction could be the key to your involvement in your child’s life.
Think A Prenup Will Doom Your Marriage? Think Again…
While prenups have historically gotten a bad rap, more and more couples are signing them before they exchange vows. Here’s what you need to know about prenups in Texas.
6 Ways You Can Minimize Stress When Co-Parenting During The Holidays
For many, the holiday season is a time of family, relaxation, and enchantment; for others, it is a time of stress and a frenzy of events you feel obligated to attend. These hectic months can be even more tumultuous for you if you’ve recently gone through a divorce, and are experiencing the holidays for the first time as a single parent.
Parental Alienation: The Signs To Look For And How You Can React
According to the American Psychological Association, Parental alienation syndrome (PAS) is defined as a child’s experience of being manipulated by one parent to turn against the other. This is a very serious form of psychological manipulation that can damage a child’s relationship with their parent and make it very difficult to repair. If you suspect that this may be happening to your child or you simply want to keep yourself informed, the information below could be vital to determining your next steps.
What Does A Healthcare Proxy Do?
None of us can predict what the circumstances will be at the end of our life. However, we should be prepared for any possibility if we want our wishes honored if the worst should happen.
What Happens If My Spouse Refuses To Sign The Divorce Papers?
Divorces can be unpredictable with even the most amicable of divorces turning contentious at times. And if one spouse refuses to sign the divorce papers, or tries some other method to postpone your divorce, the process can turn downright frustrating. So, what do you do then if your spouse refuses to sign the divorce papers? What are your options? Today, we go over what steps you can take in the event your spouse refuses to sign the divorce decree.
How To Get A Temporary Restraining Order
A Temporary Restraining Order (TRO) protects you in the event you feel unsafe due to some form of abuse. A TRO is an emergency court order that orders an individual to not take certain actions until a hearing can take place. It lasts around 14 days or until the temporary order hearing, whichever comes first.
What’s Mine Is Mine—What’s Yours Is Ours
Read our blog featured on the Austin Bar Association here.
What Happens To The Family Business In A Divorce?
If you and your spouse created a business together and are looking to dissolve your marriage, you may be wondering what will happen to the business. Texas courts view family businesses as assets, which are subject to division during a divorce. As Texas is a community property state, any business that was acquired or created during the marriage will need to be divided in the event of a divorce. Today, we discuss how a family business could be divided during the divorce process and what you need to know about how business assets are handled in a Texas divorce.
FAQs Regarding Same-Sex Couples & Divorce
In 2015, the United States Supreme Court made same-sex marriages legal in all 50 states. Prior to this ruling, same-sex marriage was not recognized in the state of Texas – and neither was same-sex divorce. While the same marital laws that apply to married heterosexual couples are now available to married same-sex couples, that does not mean getting a same-sex divorce in Texas is a walk in the park.
How To Get An Annulment In Texas
An annulment declares a marriage invalid. As such, this marriage will be found to have never legally existed. There are several grounds in Texas under which an individual can file for an annulment, including the concealment of a divorce. When you annul a marriage, your marriage is declared void meaning it is like you never had a marriage at all. Legally, you can say you were never married to your ex-spouse. So, how do you go about navigating the process of an annulment and what do you need to do to prove an annulment?
How to Determine If You Are Eligible For Spousal Support In Texas
Spousal support consists of payments one spouse makes to the other temporarily to support him/her after their divorce. Spousal support can help the receiving spouse pay for education or training so he/she can return to work, become financially self-sufficient and eventually be able to contribute to their child’s needs. Either spouse can request spousal support, or spousal maintenance as it is called in Texas, at any point during the divorce process.
Property Division: How Does The Court Determine What Is Fair?
When it comes to the division of marital property, or property acquired during marriage, Texas divides property in a manner that is considered just and right during a divorce. In other words, the courts in the state try to be as fair as possible when making property division determinations. As this is not always easy, the court must use their discretion to divide a marital estate, relying on several factors to help with their decision-making process.
What Are The Fault-Based Grounds For Divorce In Texas?
You can file for a fault-based or no-fault divorce in Texas. If you ask the court for a no-fault divorce, you do not have to include a reason as to why you are requesting a divorce. However, you can also point a finger at your spouse’s misconduct and use that as your reason for filing for divorce as well. The decision is entirely up to you, but you may want to familiarize yourself with the fault-based grounds for filing for divorce in Texas below first.
Can You Modify A Holiday Parenting Plan?
One of the important components of a divorce is generating a holiday parenting plan. Such a plan provides structure during the holiday season, making it easier on parents – especially ones new to co-parenting. However, what happens when circumstances change, and you want to modify a holiday parenting plan? How do you make a modification?
The Benefits Of Estate Planning
The main advantage of having a valid estate plan in place is to make sure your last wishes are executed upon your death. Without one, your estate is not protected from Texas’s intestate succession laws and the state will determine who will inherit your property and other assets. Not only does a valid estate plan ensure your loved ones will receive their proper inheritance, but it can also help your beneficiaries avoid certain taxes and other legal requirements when it comes to the distribution of property.
How Child Custody Is Determined In Texas
To understand how child custody is determined in Texas, it is important to bring up the different types of child custody first. Child custody consists of two types: physical custody and legal custody. Texas often refers to physical custody as possession and access and legal custody, or anything associated with legal custody rights, as conservatorship. There are two types of conservatorships: sole custody and joint custody.
Differences Between Collaborative Divorce & Mediation
Collaborative divorce and mediation offer a similar approach to the divorce process. Both are voluntary, often amicable, methods of divorce alternatives that resolve matters outside of the courtroom. The goal of each method is to come to a resolution that is deemed fair for both sides involved. Today, we discuss the differences between collaborative divorce and mediation to pinpoint the advantages and disadvantages of each.
Can My Spouse Quit Their Job To Avoid Paying Spousal Maintenance?
Your spouse may try out a dirty divorce tactic such as quitting their job to avoid paying spousal maintenance. This is a threat that your spouse may attempt at some point when your spouse realizes they may be forced by the court to pay spousal maintenance for years (or indefinitely, in some cases).
Should You Keep The House For Your Kids After A Divorce?
Determining if you should keep your marital home during a divorce is a hard decision. On one hand, you do not want to move your children into a new environment while they are going through a transition period. On the other hand, you might not be able to afford your marital home on your own without your spouse’s help. Today, we go over the reasons why you may or may not keep your marital home for your children during a divorce.