A major aspect that is affected by divorce is the finances of the spouses. If not handled well, this can turn into a big chaos before, during and after the proceedings. A lot of the assets and properties will be in consideration for division but in this article, we will focus on the house. If not adjudged in one of the parties favor, one will be tossed out of it while one remains in it. There are two options for this. The first one is selling the house, and the second one is that the spouse who remains in it will continue paying future amortizations without obliging the other spouse to pay for such. Selling the House In most cases, the best way to go is usually selling the home which will be part of the divorce decree. The spouses will have to hire a realtor who will put the house on the market and then have the home sold in the terms the spouses have agreed upon in their Final Divorce Decree. After such process, dividing up the proceeds of the sale can assist both spouses in starting their lives again after the divorce proceedings. Remaining in the House If one of the spouses decides to remain in the house and the other spouse did not oppose to such decision, it is then important to determine whether he or she will qualify for a refinance of the mortgage based on the income of the spouse who will be staying. If refinancing is possible, then the next step to take to start the process in relation to the terms of the divorce settlement is working with the lender so that the process will be done correctly. The spouses will be entitled to whatever their shares of the home’s equity will […]
These times, it is already slowly accepted in society that couples who initially get married but do not get to work things out in the long run get a divorce. And in this process, there are steps that need to be taken in order for the whole process to go in a smooth, orderly fashion. One of the important things that couples need to take into consideration is the possession orders – especially if the couple involved already has children. When children are involved, it is only a must to consider how the couple will share the time of their children now that they are apart. This is where Possession Orders and Child Visitation come in. In order to give one a brief background on a Possession Orders, one needs to understand that this is given only when there was an initial conflict on the custody of the child because of family issues that were brought to court. In simpler terms, a Possession Order is the legal document that indicates when the parents are each given the time to be with their child separately. It is just like how children are ordered by parents on how they will share one toy. Since the divorce or the separation has taken into effect, this will trickle down to the visitation rights of each couple to their child or children. Possession Orders In the state of Texas, there are 4 types of Possession Orders. Couples will apply only one type of Possession Order that the court would deem most fit for their current situation. These four types are the following: Standard Possession Order, Modified Possession Order, Possession Order for a Child Under 3 years old, and the Supervised Possession Order. This article aims to discuss each of the types of Possession Orders and to […]
In a conventional marriage, most people will look down on prenuptial or premarital agreements. The reason for this is because people tend to think that once a prenup is in the picture, it is because the couple does not have enough trust for each other and each other’s assets. For those who believe that marriage is about giving everything to each other, they will also eventually think that a prenup is something that will hurdle that. After all, prenuptial agreements only came into existence recently, mostly because there are so many things that happened in the past to a couple’s property and finances that led to their detriment. What is a Prenup? To give a brief background, a prenuptial agreement is a document that will give a specific delegation of all the assets acquired by both spouses before and after marriage. Today, it is important to get a prenuptial agreement so that there is a document that would serve as a basis for each couple’s ownership of certain things. This is done so that when there are certain instances that will happen that will break the marriage, the properties and assets of both couples are protected by law. It is only evident nowadays that married couples eventually get into a divorce. A prenuptial agreement will help with the division of assets. In Texas, it is only vital to get a prenuptial agreement because it can give a clear definition on which properties and assets the couple will identify as marital or separate property. In case one of the spouses pass away, the prenup can also answer to the delegated shares of property of all parties involved. This also gives the couple the opportunity to separate debts, family businesses and other assets in order to avoid chaos in ownership. Frankly, there […]
There are many factors that would cover a valid excuse to enter into a divorce. One of the most common issues is alcoholism. In any relationship, even if it is not romantic, when alcohol abuse comes into play, it will really lead to many other detrimental concerns. Alcoholism: A common cause for Divorce Many of the lawyers specializing in Divorce acknowledge that when one of the spouses have the tendency to succumb into alcohol addiction, the other spouse is the one who seeks help to end the marriage. This is mostly done because the other spouse is also after the protection of his or her life, and the lives of the children involved in the family. When a family gets into this kind of issue, there are several notable instances that the abusive spouse might get violent in the process. It is most important to always be cautious of the environment, and to get a good lawyer who is experienced so that the lives of the other members of the family are protected as much as possible. When substance or alcohol abuse is involved in the case, the court delves deeper into the details into the whole issue and makes a constant effort to arrive at the best resolution. No-Fault Divorce in Texas In the state of Texas, the law acknowledges no-fault divorce. This means that a couple can file a divorce even without any fault from any of the spouses. But even though this is strongly supported by the court, it is also highly recommended by lawyers that the spouse who was a victim of the abuser should file the divorce on the count of physical abuse, emotional abuse, or cruelty. These may also be considered as valid grounds especially when the spouse is an alcohol abuser. Custody of the […]
Divorce is one of the most painful situations an individual can face no matter the circumstance. Going through divorce is one thing but preparing financially for a divorce is another thing and it should not be overlooked especially if your relationship is on the rocks. Keep an open mind. Planning ahead enables you to make sound and clear decisions on a lot of matters and this practice can be the start of preparing for your life post-divorce. General Tips on How to Prepare Financially for a Divorce in Texas Keep track of your expenses If you are not the person in charge of the bills, you should start to slowly transition in making yourself aware of your expenditures at home. List down your month recurring expenses and other miscellaneous expenses and know when they are all due. Start maintaining a journal of where and how much money you have spent and are spending. Also keep track of the expenses of your children. Maintain a great credit score Having the card and household bills under the name of your spouse implies that you have a low credit rating. It may take a few months, but this is fixable. Open a credit card account under your name and charge it with something not too expensive just to get a start on. Pay off what is due from all the credit transactions every month and in full. Make sure to not pay later than the due date to avoid any penalties or extra charges. Gather important documents The possibility of alimony or child support should not be crossed out when thinking of a divorce. This is the very reason why it is a good move to start gathering important documents now. The more information you can find and keep, the better. Here’s a […]
Texas is considered as one of the progressive states in the United States because it recognizes same-sex marriages as legal. This recently was implemented last June 26, 2015 and has granted the privilege of marriage to partners of the same gender. More about its legalization is explained in the landmark case Obergefell v. Hodges. Thanks to this case that has changed the books of History, same-sex couples are now given marriage rights in the same way that opposite-sex couples do. Getting Married Being a same-sex couple in Texas, in order to get married, the couple must have a license to marry. This can be availed at the office of the county clerk. Afterwards, the court requires a waiting time of at least 72 hours before the couple can get married. Marriage should be initiated by a judge or an authorized religious official, where the couple is required to sign a marriage license issued by the court in their county of residence. A sworn application of the couple should indicate a detailed narration of the facts that prove that both individuals involved in the marriage is legally capable of entering into the marriage. For individuals who wish to get into a marital relationship but are below the age of 18 years old, they should acquire the written consent of their parents, or a court order that legalizes them to get married. In the same manner as opposite-sex marriages, it is also important to note that individuals are not allowed to marry those who are related to them by blood, those who are not currently married, or those who wish to marry a current step-child or step-parent. This is covered by the other statutes of the law that does not allow such to be involved in a marriage. When the court in […]
What do you need to know about Habeas Corpus in a Child Custody Case? If you and your spouse have been divorced for quite a while, you are likely to enjoy split custody privileges and have been co-parenting your child equally. If you haven’t encountered any problems, it is safe to say that you and your ex-spouse have probably followed the court’s final decree to the letter. Since you have not encountered any issues, it would be unimaginable for your spouse to not return your child as scheduled, out of the blue. However, it can happen. Let’s say it happened, and your spouse is refusing to drop off your child as scheduled. You communicate with him or her and it turns out that your spouse isn’t planning to return your child for a couple of days. Of course, you’re angry about it, but more than that, you’re worried about your child. What about your child’s clothes? What about his or her schoolwork? Will your child’s medications be given properly? Even under the very best environment, co-parenting can be tough. You and your spouse might want to follow the final divorce decree properly, but you could also want to have more time with your child than what is decided by the court. However, a parent just cannot do what he or she wants when there is a court order that regulates your time with your child. When to Use Habeas Corpus in a Child Custody Case Habeas Corpus is an option available to you if the other parent refuses to return your child back to you. This is an option that can be taken after taking look at your divorce decree and child custody order. These court orders are the guidelines for you and your co-parent […]
I. What is Adoption Adoption is when a person legally takes on the rights and obligations of being a parent to a child that is not his or her biological child. This means that those rights that originally belonged to the biological parents will be legally transferred to another person who is unrelated to the child. The natural parents of the child cannot just take back their already adopted child. Adoption is permanent in nature. Once the parental rights and authority of the natural parents are terminated through adoption, it is deemed as if the adoptive parents become the natural parents of the adopted child. Parental authority will be exercised solely and exclusively by the adoptive parents. For married couples, if one spouse pursues an adoption, the rights and duties of raising the adopted child will also be transferred to the other spouse. As for the rights of the adopted child, he or she has equal rights to that of the legitimate child of the adopters, should they have any. Once you become a parent, you will have the responsibility to care for the child and make decisions for his or her best interests, just like any other biological parent. You will also have rights over the person of the child such as the custody of the child. II. Adoption Law in Texas Texas allows for adoption. There are a couple of legal formalities to go through. The reason for this is because an adoptive relationship is permanent in nature. There are certain laws and regulations which set apart the adoption process in Texas from that of other states. A few steps may slightly vary among agencies but the overall process still remains the same. If you want to adopt, it is important to consult with a lawyer and be […]
How to Move Forward If Your Child Is Not Coming Home First and foremost, remember that you are not alone in this matter. Losing a child is the hardest thing a parent could go through, whether you voluntarily agree to give up your parental rights, or you go to court and a judge sees fit to take away your parental rights. It is vital to your mental health to find a support system of people that can help care for you and support you. You might feel as if you have failed as a parent and this can be hard to admit to someone else. Feel free to also reach out to your community religious leader if you are religious. Additionally, take time to take care for yourself. Your physical health and mental health are related. You are mentally and emotionally stronger when you exercise, eat right, drink water, hang out with positive people, and avoid harmful relationships. If you can afford it, consider taking up counseling, and you can ask your CPS worker and/or lawyer for help in finding in a therapist and to see if CPS will pay for this support. Remember that losing parental rights does not end your relationship with the child, and if you have other children in the home do not neglect those relationships. It is possible that CPS will decide that you can safely care for your child at a future date. Finally, if your child is not returned to you at the end of a case, you may be able to appeal the jury’s decision. Your lawyer is legally bound to assist you and represent you in the appeal. You need to discuss an appeal with your lawyer as soon as possible because appeals have strict time […]