Texas Family Law

In this article, you can discover… The top qualifications to seek out in a divorce attorney. Which documents to bring to your initial consultation. The types of questions you’ll be asked during your initial consultation. What Are Some Of The Top Qualities I Should Look For When Searching For A Family Law Attorney? When searching for a family law attorney, there are several key qualities to look for that can make a significant difference in your experience and the outcome of your case: Experience In my view, experience is the cornerstone of being an effective representative. You want an attorney…Read More

In this article, you can discover… What marital assets are, and the role they play in divorce. How to hold onto your personal property in a divorce. The benefits of mediation in protecting your assets in a Texas divorce. What Are Marital Assets? In simple terms, marital assets are the things you and the other party have acquired during your marriage. Since Texas is a community property state, anything bought, earned, or obtained while you were married is generally considered joint property. This typically means both you and your spouse are presumed to own it equally, no matter who earned…Read More

In this article, you can discover… The paperwork you’ll need to begin the divorce process in Texas. How long the “waiting period” is, and how it can impact your divorce. How to respond if you’ve been served with divorce papers, and how an attorney can help. What Is The First Thing I Need To Do When Filing For Divorce In Texas? The first step to take as you decide to file for divorce in Texas is to consult with an attorney. Online resources can provide general information, but as fine as that may be, it is limited. Speaking with a…Read More

In this article, you can discover… Factors the courts will consider when awarding spousal maintenance. How long spousal maintenance support lasts. What to do if you feel your spousal support amount is unfair. What Factors Do Texas Courts Consider When Awarding Spousal Maintenance? Texas courts consider several key factors when determining spousal maintenance (also commonly referred to as spousal support or alimony). These include the length of the marriage, with a focus on relationships that last over ten years, and whether the requesting spouse can meet their minimum reasonable needs. The court also examines if the dependent spouse has a…Read More

Is There A Waiting Period Before A Person Can Get A Divorce? Yes, there is a cooling period, also known as the ‘Waiting Period’ during a divorce action. In Texas, the waiting period is 60 days. In other words, while a divorce action is pending, count from the day you filed your divorce petition with the District Clerk. You must wait at least 60 days from the date of filing before the Judge can grant the divorce. See Texas Family Code – FAM § 6.702. Waiting Period. (a) Except as provided by Subsection (c), the court may not grant a divorce before…Read More

Parental Kidnapping Under Texas Law In Texas, parental kidnapping cases are quite common. If a parent or conservator of a child under 18 years old takes the child into his or her physical possession in violation of a court order, the court may cite “interference with child custody.” In other words, it was not your turn to have the child (and a court order clearly stated so), but you took the child anyways without the other parent’s consent. Under The Texas Penal Code, Stating Offenses Against Family (Parental Kidnapping): Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense…Read More

What Is Geographic Restriction? In Texas, a geographic restriction limits where the children can live. The term is generally found in a custody order. For example, a geographic restriction may state that “PETITIONER has right to designate the residence of the children within Harris county and the counties surrounding Harris County. In other words, the petitioner cannot remove the children’s residence from those particular counties. Geographic restrictions, also known as geo-restrictions are not always included in a divorce decree or child custody orders. Also, the court can order the restriction or the parties (the two parents/conservators) may agree to the…Read More

What Is Common Law Marriage (In Texas)? One of the questions people ask is “What is common law marriage?” or Does informal marriage exist in Texas? An informal marriage or common law marriage is a lawful marriage where a ceremony is not required. It is held to the same standard as a formal marriage. The follow-up question is “How do I prove that my relationship with my partner is a common-law marriage?” To prove a common law marriage, you need to show the court that: you and your partner are at least 18 years old when your marriage began, that you…Read More

Not every person has legal standing (right) to bring a lawsuit in a child custody suit. Under the Texas Family Code, there are general standing to file or initiate a suit. Who may file an original suit? Generally, there are approximately 15 criteria according to section 102.003: (1) a parent of the child; (2) the child through a representative authorized by the court; (3) a custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country; (4) a guardian of the person or of the estate…Read More

There Are Six Grounds For Fault-Based Divorces In Texas. In the state of Texas, a spouse can file for divorce without blaming the other spouse; in other words, you can file for divorce without assigning the fault of the break up to the other person. This is also known as a divorce ‘due to discord of personalities which makes the marriage insupportable’ (“insupportability”). Insupportability, this no-fault ground is the most common reason that spouses give in divorce suits. However, there are fault grounds that a husband or wife can file. See Texas Family Code Chapter 6. Adultery – one of the…Read More