Survey Results! Reasons leading to divorce in the United States

A house turns into a home with the family staying in it. Home is where all the memories and moments are made. Have you faced a situation where your happy home is suddenly torn down? Or you or your spouse have decided to separate, and it is affecting your family? As stated by the American Psychological Association (APA): “90% of the people get married in western culture before they turn 50. However, half of these marriages end in divorce.” A … Read More

Top facts you should know about the Divorce process & Cost in Texas

Are you contemplating your divorce or already started your divorce process? The first thing that might come into your mind is: what does a divorce cost in Texas? And how long will it take? Well, to get full knowledge of this, it is better to talk to an experienced divorce attorney in Texas. Ending your marriage can be an emotionally draining process. It will include wading the legalities of splitting the relationship, kids, home, and assets. Every divorce is different … Read More

Why do you need to hire an experienced divorce lawyer in Texas?

Did you know that 40 to 50 percent of marriages in Texas result in divorce? Sometimes unfortunate circumstances take a tremendous toll on a couple’s life, leading to divorce. It becomes essential to act quickly and talk to a divorce Lawyer to protect your rights; if you live in Pearland, Texas, and are going through this turmoil! consult a divorce lawyer in Texas as soon as possible. If you have kids, assets, and properties, a divorce lawyer will help you … Read More

4 Self-Care Tips After Your Divorce

You’ve signed the papers, the custody orders are in place, and the divorce is finally final. While this may seem like a purely congratulatory moment, you may be left wondering what exactly to do next after surviving this tumultuous time. Though it may seem difficult, now is the perfect time to reconnect with yourself and show yourself some love. This blog aims to show you some ways you can get started:  Contents1 1. Reconnect with your friends and family2 … Read More

A House Divided: Who Gets the House in a Texas Divorce?

Getting divorced is an emotionally taxing experience. In addition to separating romantically, divorce often means divvying up your property between one another, including what may have been the biggest investment for the both of you—the marital home. If you’ve been worried about losing your home in a divorce, read on to learn about how the marital home is divided in a divorce. Contents1 Community vs. Separate Property2 Mediation: Keeping the Discussion Between the Couple3 Litigation: The Judge’s Decision4 Contact Us … Read More

A Blog for Divorced Dads: 4 Ways to Improve Your Perspective

A divorce is devastating enough to deal with, but the fact that you suddenly find yourself no longer living with the kids can crush the strongest of men. So where do you begin to pick up the pieces and how do you accept (and live with) all these drastic changes? Life after divorce is possible if you take note of the following: Contents1 Stay close to home2 Manage long distance3 Get clued up regarding child support4 To date or not … Read More

Divorce 101: How to Talk to Your Kids About Your Divorce

Getting divorced is painful not only for the two people in the relationship, but the children involved as well. If you’re considering divorce or have already initiated divorce proceedings, take time to consider how you will talk to your children about what is ahead for the family. Read on below for tips on how the best talk to your children about this sensitive subject. Contents1 Don’t bash the other parent2 Work with the other parent3 Explain how divorce will affect … Read More

What is an Heirship Proceeding in Texas and What Should I Expect?

Death is a very uncomfortable topic and one few of us want to dwell on. Yet, we need to have certain things in place for when the day comes in order to make a traumatic experience easier for our loved ones. Even though attorneys are constantly reminding people of the importance of wills and other legal documents, many people still avoid or simply ignore their advice. When you die without a will or other estate planning documents, it can lead … Read More

4 Situations Where a Child or Spousal Support Modification May be Necessary

When you finalize your divorce, the court will set out specific dollar amounts for spousal support and child support. While a court order provides these values and you should adhere to them, they are not set in stone. There are situations where you may want to petition the court to modify these numbers because your circumstances have changed and they are no longer appropriate. The following are several examples where modification of child support or spousal support would likely be … Read More

Understanding Post-Marital Agreements

A post-marital agreement, often referred to as a postnuptial agreement, is a document that you and your spouse execute after you are already married. It allows you to deal with significant financial matters regarding the marriage, including how property will be divided in a divorce, how debts will be separated, and it addresses issues with income. It may even set out specific matters regarding alimony as well. It can cover both divorce situations and circumstances where the spouse passes away … Read More

The 4 Myths About Premarital Agreements You Shouldn’t Believe

Many times the idea of a premarital agreement gets dragged through the mud, as people typically hear about them in conjunction with celebrity divorces. The fact of the matter is that premarital agreements benefit everyone, not just those with a lot of money. They are used to protect your assets and make sure your plans for the future are clear. Often times people hear or read myths about premarital agreements that lead them to believe they don’t need one or … Read More

A Step-by-Step Guide to Stepparent Adoptions in Texas

As blended families become more and more common and socially accepted these days, it stands to reason that sometimes a stepparent might have the desire to adopt one of their stepchildren. This beautiful and loving request is honored in the state of Texas provided that a few stipulations are met. Let’s explore what the process looks like as well as some things to consider.  Contents1 Several Guidelines To Start2 Beginning The Process3 Filing For Adoption4 Benefits Of This System … Read More

Lawful Fatherhood: Understanding Texas Paternity

Becoming a parent is a huge honor as well as a huge responsibility, and in the state of Texas, establishing who a child’s father is can look like a number of different ways. When a couple is married and has a child, the husband is automatically named the child’s father and his name is put on the birth certificate. But what about when a couple isn’t married, or a man denies that he’s the child’s father although the mother is … Read More

4 Key Benefits of Mediating Your Divorce

Divorce always seems to have a negative spin on it, when in fact it can be the right choice for a lot of people. Rather than duking it out in a courtroom and making everyone suffer, a divorce can be handled in an amicable and cooperative way. This method is called mediation, and it holds many benefits over traditional litigation. Let’s explore a few of the key benefits that mediating your divorce will provide: Contents1 You get flexibility2 It’s far … Read More

Texas Divorce 101: Contested vs. Uncontested Dissolutions

When a divorce is on the table, there are one of two ways to go. In the state of Texas, you and your spouse can choose to proceed with an uncontested divorce, or take the path of a contested divorce. Both of these options come with their own sets of benefits, so let’s explore each one a little further to determine which one might be right for you. Contents1 When You Want to Get Along2 When Issues Are Tense When … Read More

There’s No Such Thing as Full Custody—Texas Law on Parental Responsibility

Often in custody suits, tempers are flaring and one parent may want to protect children from the other, believing that his or her erstwhile partner is an unfit parent for one reason or another, and want “full custody” over the children. But in Texas, that’s not how divorce works.  It is Texas’s public policy to “encourage parents to share in the rights and duties of raising their child” even after parents have separated or divorced. Tex. Fam. Code § … Read More

4 Important Questions to Ask Yourself Before You Consider Adoption

Adopting a child is exciting and needs to be thoroughly considered before making a lifelong commitment. When it comes to adoption, what do you imagine it being like? The situation could look very different if you’re adopting an unknown child versus adopting your niece or nephew. Depending on the circumstances, you should be mentally and emotionally ready for anything to happen during and after the adoption. Let’s discuss four questions you should ask yourself before beginning the adoption process:  … Read More

Grandma & Grandpa Have Rights Too

Grandparents and grandchildren can have a tight emotional bond. Texas does not grant intervention rights to grandparents when a family unit is intact and healthy and the children are well-adjusted because a presumption exists that parents will always act in the best interests of their children. Grandparents may, however, petition for court-ordered visitation and even custody in certain situations that arise when, as the Texas Practice Guide puts it, “the original family unit is fractured.”  Contents1 Petitioning for Visitation … Read More

What happens to a 529 account during a divorce?

A “qualified tuition plan,” sometimes called a 529 account, is a savings plan to help a family save money for future college expenses. See generally An Introduction to 529 Plans, U.S. Security and Exchange Commission, Jan. 4, 2014, available at https://www.sec.gov/reportspubs/investor-publications/investorpubsintro529htm.html. These accounts are frequently used by parents (the account holders) to save for their children’s (the beneficiaries) college education. A 529 account will provide tax benefits to the holders but will penalize the holder if withdraws from the account … Read More

What is a reconstituted estate and why do I need one?

Briefly, what happens in a divorce is that the court will split the assets owned by you and your spouse (the community estate) in a just and right manner. Tex. Fam. Code § 7.001 (2015). Sometimes, however, a spouse has wasted community assets by spending it on a paramour, for example, or attempted to hide assets from his or her spouse and the court. This is called waste or fraud on the community. See generally Schlueter v. Schlueter, 975 S.W.2d 584 … Read More

Understanding the Enforceability of Mediated Settlement Agreements – In re Lee

A mediated settlement agreement is a binding agreement made by the parties pursuant to § 6.602 or, if the suit concerns children, § 153.0071 of the Texas Family Code. The Code states that mediated settlement agreements are binding on the parties if they state in bold, underlined, or capital letters that the agreement is irrevocable, are signed by both parties, and, if the parties are represented by counsel, are signed by both parties’ attorneys. Tex. Fam. Code §§ 6.602(b) and … Read More

My ex has threatened me with contempt of court. What does this mean?

If you are not fulfilling certain terms of a divorce decree or an order in a suit affecting the parent-child relationship, the other party may take you back to court to enforce the order. Depending on the underlying order, a party who disobeys a court order could find himself jailed or placed on community supervision for contempt of court. But not all orders can be enforced by a contempt action. The Texas Constitution protects people from being jailed for the … Read More

Separation from a Caregiver and a Child’s Emotional Development

In a family law suit, the law provides that a child’s parents will be named the child’s managing conservators unless such an appointment will “significantly impair the child’s physical health or emotional development.” Tex. Fam. Code § 153.131(a). Separating a child from “the only person who has consistently cared for her for the majority of her life” was found to potentially significantly impair a child’s emotional development. In re K.R.P., 80 S.W.3d 669 (Tex. App.—Houston [1st Dist.] 2002, pet. denied). … Read More

The Consequences of a DWI Arrest

Most people don’t know about the potential consequences that come from a Driving While Intoxicated arrest(DWI). For example, they don’t know that each arrest really represents two different actions, the criminal case itself, and an Administrative License Revocation or “ALR”. The police aren’t very helpful in explaining it either, and will merely read you a long and confusing statutory warning. They expect you to understand this warning and make some informed decisions, even though they’re accusing you of being intoxicated … Read More

i quit my job to avoid child support

Think you’re going to avoid child support by quitting your job? Think again.

Contents1 Texas Child Support Overview1.1 Calculating Texas Child Support1.1.1 Where does the child support money come from?1.2 What if I quit my job?1.2.1 Unemployed vs Underemployed1.2.2 Evidence of an intent to avoid child support…2 Common Texas Child Support Questions2.1 How Is Child Support Calculated in Texas?2.2 What If My Spouse Refuses to Pay Child Support?2.3 How Can I Modify My Child Support Order? Texas Child Support Overview Calculating Texas Child Support Determinations of a child support obligation are determined in … Read More

rule 11 agreements and chid custody

If you want to make that family law settlement irrevocable, follow the Family Code!

Contents1 Family Law Settlements1.1 Tex. Civ. Prac. & Rem. Code § 154.0022 Marriage Settlement Agreements2.1 What is community property?2.2 Binding Agreements at the Time of Execution3 Revision and Repudiation of Agreements3.1 Revising the Agreement3.2 Rule 11 Agreements Family Law Settlements Tex. Civ. Prac. & Rem. Code § 154.002 Public policy “encourages the peaceful resolution of disputes” by allowing parties to come to agreements through settlements. Tex. Civ. Prac. & Rem. Code § 154.002 (2011). In family law cases such as … Read More

Is a parent’s subsequent marriage a material and substantial change?

Section 156.101(a)(1) of the Texas Family Code states that before an order in a Suit Affecting the Parent-Child Relationship may be modified, there must be shown that “the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed” from the time the order sought to be modified was signed or rendered. The Court of Appeals of Waco noted a split among Texas appellate courts on the issue of whether a parent’s subsequent … Read More

Buying property: Put it in writing!

So everyone is familiar with the phrase “my word is my bond.” It is a phrase that is meant to indicate that you can take someone’s words at face value, and that he means what he says. In terms of the law, such a phrase can be best epitomized in the idea of oral contracts. Oral contracts are essentially the same as written contracts, in terms of what they consist of, except that you don’t have to put them in … Read More

Self-Representation: The Perils and Possibilities

In Galveston County, a person charged with a Class A or B Misdemeanor has a lot of options when it comes to legal representation. For those that show up at their first court appearance without an attorney, the judge of the county court will advise you that you have three options. First, you can waive your right to an attorney and speak to the prosecutor directly in an effort to resolve your case. Second, you can ask the court to … Read More