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There is no guarantee of how long a divorce would take. There are a lot of factors in play. One of the biggest factors is the cooperation, or lack thereof, of the opposite side. If your spouse disputes every small detail, the proceeding can extend. The problem is, there are certain adjustments that cannot wait. Temporary Orders When a party files for divorce, there are different reasons, and some of those reasons could be urgent. If the spouse is abusive, for example, then it is important for the couple to separate.  In Texas, after a petition for divorce has been filed, the court can decide to hold a Temporary order hearing. One of the usual reasons is security. If you feel that you are unsafe living with our spouse, then you would want to separate right away. You would also want to ensure that you have custody of your child. You can file for a protective order or a restraining order. This will be part of a temporary order hearing. If you want to live away from your spouse but he refuses to move out, the court can issue the order and even prevent your spouse from visiting you, or to stay a certain distance from you or your children. The court can decide whether who gets to stay at the family home, who will pay for the bills and whether there should be spousal support. These can actually be overturned at the final divorce. Some judges can also require mediation before the issuance of temporary orders. They can meet with the lawyers of both parties and work out the arrangement.  Voluntary vs. Contested Temporary Orders Some temporary orders can be signed voluntarily by both parties. This may not even require the intervention of a judge. However, when temporary orders […]

Understanding Temporary Orders in Divorce Litigation   Recently updated !

millennial couple
Today, divorce is considered a basic human right. Married couples should ideally have the option to separate on the grounds of psychological incapacity, abuse of any form, and other plausible reasons. The Numbers In previous years, divorce rates were high. Around the world, there had been 5.5 divorces for every 1,000 married couples. This is more common in European countries like France, Denmark, and the United Kingdom. In the United States, 40 to 50 percent of marriages end in a split yearly. That seems to be changing. Before 2018 ended, studies have found that divorce rates are decreasing. Compared to a decade ago, young couples are said to be less likely to separate. Hence, an 18 percent dip. Why did this happen? It’s believed that young millennials are now more selective when it comes to committing to marriages. Likewise, couples are now opting to tie the knot at 27 to 30 years old—some even later in life. Millennial Trends It also means that millennial couples are now more conscious of financial stability more than ever. They want to be able to manage their expenses and also get the health benefits they’ll need as they get older. This mindset is much different from the baby boomers who married young because of the old notion that one’s peak is before 25 years old. This practicality can be seen as one of the reasons why divorce rates are now less as of recent. It’s now believed that new marriages can last longer compared to 10 years ago. It’s possible this trend will carry over into 2019. This also means that there will be fewer marriages happening this year and the next few years. Especially since cohabiting (a practice that’s usually done when one is married) is now more common among unmarried couples. There […]

How’s Divorce Looking in 2019?   Recently updated !

single parent
Divorces can affect more than just your relationship with your ex-spouse. They can also affect your relationship with your kids. And as much as you don’t want it to affect things with your kids, sometimes it’s inevitable. But just because it can affect your children doesn’t mean you can’t help make things better for them. Yes, despite being divorced, you can still be a good parent to your kids. There are just a few things that you’ll have to work out. If you want some help figuring things out, read on and maybe you might be able to pick up a thing or two. Don’t Bring Your Problems to Them One very important thing you can do to still be a good parent despite a divorce would be to keep all your problems with your spouse between you and your spouse. Your kids shouldn’t be on the receiving end of any of your divorce problems. The minute you bring your problems with your spouse to your kids, that’s when you start to damage your relationship with your kids unnecessarily. You might make them think that the divorce was their fault, which they don’t deserve. Strengthen Your Relationship with Your Kids You shouldn’t let the divorce allow you to neglect your relationship with your kids. In fact, you’ll need to work double on your relationship with your kids because of it. Make sure you still keep on investing in your relationship with your kids. Let them know you still love them even if you and your spouse couldn’t work it out. Show them that you don’t love them any less. Show them you’ll still be able to love them in the best way you can, even if you’re a single parent. The earlier and the stronger the relationship you have with […]

Parenting: Protecting Your Child After a Divorce   Recently updated !

So, you just got your divorce summons. Maybe you saw this coming. Maybe this caught you off-guard. Whether or not you knew this was going to happen, you’re still going to have to do something about it. Think Before Acting The first thing you need to do is to stop and think. This is especially important if you didn’t see this coming. But even if you did see this coming, it’s good to stop first and think about what to do next. Of course, you’ll need to answer your divorce summon. If you realize too late that you want to contest something, it’ll be more difficult to do so. It would be best to consult a lawyer to help you through the divorce. Take Note of the Important Details The next thing you should do would be to take note of all the important details of your divorce. Make sure you take note of all the dates for the hearings. Also, make sure that you have the documents you need if ever any documents are needed for your divorce proceedings. The divorce process will be very tedious and it would be best that you come prepared, especially if you might want to contest anything regarding your divorce settlement. Prepare Yourself Mentally Aside from preparing all the paperwork for the divorce proceedings, you will also have to make sure that you’re mentally prepared for whatever might go on during the process. If you and your spouse are on pretty good terms and the decision is mutual, then that makes things easier. But if you and your spouse are on bad terms, it would be best to prepare for any mental stresses that your spouse and the divorce might present to you. You won’t be able to contest or settle for what […]

What Do I Do if A Divorce is Filed Against Me?   Recently updated !

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Since same sex marriages have been made legal by the Supreme Court, same sex divorces are now possible as well. People are still confused because not all states had acknowledged that same sex marriages were legal prior to 2015 and many are still wondering if it’s possible to have a same-sex marriage in Texas and how the state deals with same sex divorces. Texas was one of the states in the US that did not legalize same sex marriages prior to 2015. Because of this, if you have lived in Texas prior to 2015 and you’ve tried to get a same sex divorce, the courts couldn’t have done anything to help you. Since same sex marriages were not recognized in the entire state until 2015, it goes without saying that same sex divorces were also impossible within the state during that period. Of course, after that Supreme court decision legalizing same sex marriages in 50 states, a lot of things have changed. Same Sex Divorces VS Traditional divorces After the Supreme Court has announced its decision, the laws that apply to traditional marriages now apply to same sex marriages. With this said, laws on traditional divorces can now be applied to same sex divorces in Texas. If you already know about the community property laws in Texas and how it’s divided during a divorce, you can now apply that to same sex divorces too. Division of property, assets, and debts will be divided in same sex divorces the same way it is divided in traditional divorces. If you are not familiar how community property is dealt with during a divorce, it’s basically this: Any type of income or property incurred during the course of the marriage will be subject to division once the divorce commences. This includes wages and income […]

Everything You Need to Know About Same Sex Divorces in Texas   Recently updated !

custody arrangement
Co-parents and their children will adjust to their new arrangements after divorce. Perhaps the biggest adjustment is custody of the children. Especially if the couple has not been living separately prior to the divorce.  Even if some couples are already on “trial separation,” custody arrangements are still a game-changer. It prohibits a parent from just dropping by and visiting their child unannounced. What if there has been confusion in the arrangements, which could happen even if there was a trial? Or if there are changes that should affect the custody arrangements, whether in a positive or negative manner? While custody arrangements are final and executory, Texas law has provisions to revise them. How to Revise Custody Arrangements The court can make adjustments to the divorce orders even if there are no changes in the parents’ circumstances. This will be initiated if one or both parents file a petition.  If both parents agree, it will only take a swift review for the judge, who would most likely approve it. Once approved, these changes will be enforced.  However, if there is a contention between the parents, the process becomes more complicated. Both parents will be required to appear before the judges and present their respective cases.  If one parent wants to take the primary caregiver status from the other, there are certain conditions. The child in question must be over 12 years of age. He or she must clearly express that he/she wants to change the primary caregiver. There should still be material and substantial reasons for this.  For children below 12 years old, the modifications will be considered only if there is a significant change. The court has to be convinced that these changes are for the best interests of the child.  Reasons for Modification Some examples of the reasons mentioned: […]

Resolving Confusion in Your Custody Arrangements   Recently updated !

emotional blackmail
After divorce, your relationship with your ex-spouse will still continue if you have children to co-parent. It should always be a shared responsibility. Divorce only cuts the ties between you and your spouse, not between you and your children. It may seem simple enough, but there could be complications arising from the behavior or condition of your co-parent. What are your options if your co-parent has abusive tendencies? Abuse towards the Child If your ex-spouse committed abuse towards your children, he/she should not only be prevented from seeing your children but actually be arrested and jailed. Texas Law is very strict with child abuse. However, there are strict measures that can be taken to ensure this.  If the parent has abusive tendencies, the judge may consider this a factor to restrict custody and limit visitation rights.  Also, the restriction does not only apply to the co-parent. It also applies to other members of the co-parent’s household (example: the new partner). They can also be restricted if seen as a threat to the child’s welfare.  Domestic Violence When your ex-spouse has a history, there is a strong tendency that he/she could also abuse the child. If the spouse is abused, there is a possibility that the child is also abused.  Any suspicion of abuse or manifestation of violent tendencies should be reported as soon as possible. The court takes accusations seriously.  The Texas courts will uphold the relationship of the child to its parent. They would not restrict possession or visitation of the child unless it is proven harmful to the child. If your ex-spouse has tendencies, you can petition the court. Protection for the Co-Parent The law will not only protect the child but also you as the ex-spouse. It is highly possible that your co-parent will resist any order. […]

Coping with an Abusive Co-Parent   Recently updated !

child support
It seems clear and basic enough, but there are still parents who fail to understand. The responsibility towards the child remains even after divorce. Thus, payment of child support and miscellaneous expenses is still necessary.  A parent may have good reason to refuse or neglect to provide child support, even if the court mandates it. The primary custodian is already spending on the everyday expenses of the child. Here are some options if a co-parent refuses to pay the necessary child support or the miscellaneous expenses: Enforcing the Child Support Order There are instances when the co-parents will agree informally to a certain amount. It should include the miscellaneous expenses of the child when it is computed. However, this will not be enforced by a state agency.  Thus, it is imperative to obtain a child support order from the court. With this order, child support is now a legal order. If a co-parent fails to comply, he or she can be charged with contempt of court. It constitutes disobedience of an official court order. The custodial parent should report the delinquent co-parent to the court, and petition the judge to take action. The judge has some options: Withholding the delinquent parent’s income Many of the child support orders have provisions stating that the employer can deduct the child support amount from his employee’s income. There are ex-couples who choose not to enforce the withholding provision until there is a time that the ex-parent fails to comply.  However, even without this provision, the parent is still responsible for making adequate and timely payments.  Office of the Attorney General The Office of the Attorney General (OAG) is tasked with ensuring that child support is paid amply and on time. This is because the state would not want to have the child on […]

What to do if Co-Parent Refuses to Pay Child Support