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Recent Blog Posts
When to Seek Support and Custody Order Enforcement
As a divorced parent, you have likely spent time and money establishing custody and child support orders with the court. However, what happens when your co-parent does not follow these legally binding arrangements? Unfortunately, violations happen all too often. You may need to enforce your existing orders if you face denied visitations, late or missing support payments, or other infractions. A Texas family law lawyer can be on your side throughout the process.
Visitation Interference
One of the most challenging situations for both parents and children arises when visitations are blocked. If your custody order grants you time with your kids but your ex-spouse refuses access, document details about denied visits. Also, note whether communication with children is impeded during your visitation time without good reason.
Should I Consider Signing a Postnuptial Agreement?
Similar to a prenuptial agreement, a postnuptial agreement is a legal document signed by both spouses that describes how any of their marital property and assets would be divided if they get divorced in the future. While it can be beneficial for a couple to have a prenuptial agreement with everything worked out in advance, it is also understandable that many couples do not want to think about divorce when they have not even gotten married yet but are enjoying their engagement and planning their wedding. It is not too late for couples who never signed a prenuptial agreement due to emotional hesitation but feel that it might have been a good step once married. A Palo Pinto, TX family law attorney can walk you through drawing up a postnuptial agreement.
How Does a Postnuptial Agreement Impact a Texas Divorce?
Different states have different laws regarding the division of marital assets and property. The State of Texas, for example, follows a community property model. That means that when it is up to the courts, any property or assets a couple accumulated during their marriage will generally be divided equally between the two spouses in a divorce. However, if a couple signs a postnuptial agreement, they can decide how to divide their property and assets.
What To Do If You Cannot Afford a Divorce in Texas
A divorce is expensive in more ways than one. You have the hit to your bank account on one hand and the emotional stress toll on the other. However, you are dead set on going through with it. So what can you do when you are too poor to afford to divorce your spouse? There are ways around the costs in Texas, but they will not be a walk in the park. For anyone seeking a divorce or answers to questions involving family law, hiring an experienced attorney can help.
How To Divorce Without Any Money
Finances can keep many couples locked into unhappy marriages, especially those who live paycheck to paycheck and do not have the budget for a divorce. So what are your options? Court fees for a divorce can be waived in Texas if you are willing to follow a set procedure. There are a few steps to this process, which involve:
When Should I File for a Protective Order?
Whenever you feel as though your life or your children’s life is in danger from a current spouse or former romantic partner, a protective order can help. Survivors of sexual assault or stalking can also benefit from filing a restraining order against the perpetrator. If you need help with filing for a protective order, seek the counsel of a trained and experienced family law attorney.
What Is An Order of Protection?
A legal court order prohibiting a person from interacting with the petitioner in specified activities. The person who files for the order is known as the plaintiff, whereas the prohibited individual is referred to as the defendant.
What Types of Protective Orders Are Available in Texas?
Texas has three types of protective orders for family violence:
Same-Sex Common Law Marriage and Divorce
Same-sex marriage has been legal for almost a decade now in Texas. Sometimes, same-sex couples can cohabitate for so long that they may already consider themselves married without the glitz and glam of a wedding ceremony. In this case, Texas also recognizes common law marriage and divorce for same-sex couples. However, there are a few requirements that must be met for the state to recognize their common law marriage. A knowledgeable attorney can help cut through the legal complexities of how to go about getting your union recognized as a legally binding marriage.
What Are the Requirements for a Texas Common Law Marriage?
Consideration for a common law marriage requires both parties to have a signed declaration of marriage or:
- They must both have agreed to be married
- Lived together as a married couple in Texas since the agreement took place
What is Parental Alienation in Texas Custody Cases?
Child custody cases can be emotionally challenging for parents, especially when parental alienation is a factor in the situation. Parental alienation occurs when a parent engages in behaviors that manipulate or distort the child’s perception of the other parent, ultimately damaging their relationship. If you are going through difficult child custody proceedings and believe parental alienation is something your spouse is engaging in, let your lawyer know immediately so appropriate actions can be taken to ensure the conduct can be stopped.
What Does Parental Alienation Entail?
Frequently, parental alienation involves behaviors that may include making derogatory remarks about the other parent, interfering with visitation or communication, or actively encouraging the child to reject or fear the other parent without valid reasons.
Decoding Spousal Support: Types, Concerns, and Factors to Know and Understand
When divorce happens, there are several moving parts that many people are not aware of. A key component of some divorce proceedings is alimony or spousal support. Spousal support ensures financial stability for the lower-earning or non-earning spouse. The amount and length of the spousal support varies based on several factors. Anyone going through a divorce should understand the basics of spousal support.
What Are Two of the Most Common Types of Alimony?
Since divorce is unique and specific to every case or situation, the same goes for spousal support. Each type caters to specific financial needs and circumstances.
Temporary spousal support is alimony paid throughout the divorce proceedings to the spouse who earns less. This alimony allows the less-earning spouse to live comfortably and within the same lifestyle, they had while married.
Rehabilitative spousal support assists the recipient spouse in attaining financial independence through education, training, or other methods.
How Allegations of Asset Dissipation Can Lead to a Contested Divorce
In the sphere of divorce proceedings, disputes over financial assets often contribute to the complexity of the process. One crucial aspect that can lead to significant contention is one spouse's allegation of asset dissipation against the other. Today, we will explore how much allegations can impact the outcome of a divorce case and potentially escalate the proceedings into a contested divorce.
Definition of Asset Dissipation
Asset dissipation refers to the intentional depletion or wasteful spending of marital assets by one spouse intending to diminish the overall value of the marital estate. This can involve various activities, such as hiding assets, lavish expenditures, extravagant gifts to third parties, and transferring assets to family or friends to keep them out of the divorcing spouse’s reach. Such actions are not only unethical but can also have legal consequences during divorce proceedings.
Everything You Need to Know About Commingled Property in Texas
Commingled property is a complicated concept that can be difficult to understand, especially regarding real estate. In Texas, commingled property is a type of marital property subject to division in divorce proceedings. If you are getting divorced in Texas, it is essential to understand what commingled property is and how it affects your divorce case. Remember, it is best to hire an attorney at the outset of divorce proceedings to ensure you are well-informed of your legal options at this time.
Commingled Property 101
Commingled property is money or other assets combined with marital property, such as joint bank accounts or the family home. For example, if one spouse inherits money during the marriage and deposits it into a joint bank account, the money becomes commingled property. Commingled property can also arise when one spouse uses separate property funds to improve or repair the marital home.
What Does Community Property Mean in Texas and Why Does it Matter?
Community property is a legal concept that exists in a number of states throughout the United States, including Texas. In the context of a Texas divorce, community property refers to all property and assets that were acquired by a married couple during the course of their marriage, with a couple of exceptions. Community property can include income, real estate, investments, and other assets. Today, we are going to discuss everything you need to know about community property. Remember to hire an experienced divorce attorney to ensure you fully understand community property in Texas and what it entails.
What Does Texas Law Say About Community Property?
Under Texas law, both spouses own community property equally, regardless of who earned the income or whose name is on the title. This means that in a divorce, community property is generally divided equally between the spouses unless there is a prenuptial or postnuptial agreement that specifies a different arrangement.
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Our firm serves clients in Weatherford, Parker County, and the surrounding areas, including Palo Pinto, Mineral Wells, Springtown, Azle, Aledo, Hudson Oaks, Anetta, Willow Park, Greenwood, and Brock, as well as communities in Tarrant County and Wise County.
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