US Supreme Court Building

The Basics of Filing for Divorce in Texas

Going through divorce is a long and complicated process it doesn’t help that it happens to be one of the most emotional times of many people’s lives.  It is also a process that has been stigmatized for years.  As such, not everyone knows too much about the process. To help you better understand the process of divorce in Texas we have created this quick guide about filing for divorce. Mandatory Texas Residency Like with many states, Texas has a requirement for residency in order to file for divorce.  At least one party in the divorce must have resided in Texas for at least 6 months before filing. There is an additional requirement that you must have lived in your county for at least 90 days.  This prevents people from attempting to file from out of state using the Texas courts. Grounds For Divorce In most states, there are two different types of divorce that you can file for.  These are at fault and no-fault.  Texas is a mixed state, meaning that they will hear cases for both at fault and no-fault divorces. No-fault divorces are the most common cases that Texas courts hear.  It means that there is no blame […]


Divorce And The Mediation Process

Divorce can be a very long process and it is full of twists and turns.  It doesn’t help that there are a variety of different ways that you can go about the process.  One step that you might encounter in the process is mediation.  In today’s article, you will learn about the process of mediation in a divorce and what it is like. What Is Divorce Mediation? In a divorce mediation, a third party is brought in to objectively help both sides of the divorce to reach a settlement.  This third party is a neutral person and is called a mediator. A mediator will work with both parties to come to an agreement in the following areas: Child Support Custody Visitation Alimony Division of Property Business Allocation What Does A Mediation Process Look Like? Each mediator will run the process slightly different.  Many mediators will want to meet with each party individually before the process begins.  This allows them to learn about the case and the party.  It helps the mediator to develop the background information they need to make the process fair. During the process the mediator will determine where you and the other party(s) agree and disagree.  Areas […]


A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]


Father

Shared Parenting After A Divorce

Shared Parenting After A Divorce Is The Healthiest Option Divorce is difficult for anyone and everyone involved in the process. Even if the divorce is amicable, that doesn’t make it easy.  Deciding what party gets custody of the children and parenting powers is difficult.  Despite being difficult, it is a decision that needs to be made. In the past, it was tradition to award only one parent parenting powers.  This parent would often be the mothers because it was believed that mothering instinct was powerful and that it was a requirement for anyone growing up.  For the most part, this notion is being dismissed as outdated and inaccurate. A more modern but still outdated approach is to assign visitation hours to a parent, most often the father.  The term visitation implies that the parent is something less than they are.  It also is demoralizing. The best approach to parenting after a divorce is to split the parenting as equally as possible.  While the best approach is to have the parenting split 50/50, the minimal amount that a parent should be with their child(children) is 35%.  This allows for a connection between the parent and the child, it also allows for […]


Divorce Gavel

Post-Divorce Proceedings And What They Can Mean

The process of a divorce is long and can be drawn out depending on whether both parties agree to terms or not.  A variety of other factors can complicate the process.  When the divorce decree is finally signed, a lot of people believe that the process is over.  This isn’t always the case. Often times divorce decrees come with terms and conditions that need to be followed such as property terms.  When one or both parties fail to comply with the decree, Texas Family Code Chapter 9 provides specific methods for dealing with such a situation. Either party can request that the Family Code be enforced.  This is done through filing a new lawsuit.  For those under a court-approved agreement, you can also file.  Chapter 9 filings do not bring with them the right to a jury trial.  Trial by a judge is the typical method of governance of such trial. The ability to file has been ruled by the courts as a result of enforcement of a prior lawsuit.  The case is not a criminal case but instead is under the Rules of Civil Procedure. In order to file for a personal property enforcement suit, one must file within […]


Managing A High-Stakes Divorce In Texas

Managing A High-Stakes Divorce In Texas

Any divorce is a complicated situation.  A lot goes on, from property management to custody.  Every decision has a lot of factors behind it that all need to be analyzed.  It is time-consuming and every day that the divorce goes on, it seems like it gets more complicated.  What do you do with a high-stakes divorce?  Read on for some guidance. Property Assignment in Texas There are two different categories that property can be assigned to.  These are: separate property (personal property) and community property.  Which category your property gets assigned to determines whether or not it will be split during the divorce or not. Personal Property In Texas Personal property is any property owner or claimed by a spouse before a marriage.  The most basic way to explain it is that it is, property that can be verified to belong only to one party in a divorce.  It can also include property that was specifically gifted to one partner or another.  Inherited property is the same way. During a divorce, personal property stays with its original owner.  That means that you don’t need to worry about whether it will be split between partners or not.  Both people in a […]


No fault divorce courtroom

No-Fault Divorces In Texas May Become Harder After New Bill

In Texas, a no-fault divorce is the default mechanism to request a divorce.  Officially by Texas law, a no-fault divorce is when there are conflicts between two parties that could not reasonably be overcome.  In reality, it is simply the type of divorce two people seek when they are looking to get out of a marriage, and serves as a mechanism to ending a marriage with the least amount of drama. It also provides an avenue for victims of abuse to leave a marriage without a burden of proving anything beyond that the marriage itself is unsustainable. State Representative Matt Krause is attempting to pass two bills in 2017.  The first bill increases the amount of time that two people must wait before a divorce is finalized.  This is in an attempt to get a couple to work out of their problems, instead of a divorce. The second bill that Rep. Matt Krause is putting forward will make it hard for all people to get a divorce.  This bill would make divorce only possible for criminal reasons such as abuse and adultery.  While Mr. Krause states he isn’t trying to deter people from getting divorces, he also says he hopes […]


CPS Parent Resource Guide

CPS Parent Resource Guide Part 15: Managing Your Resources & Case Planning:

Managing Your Resources & Case Planning   The most important thing to remember is that with the amount of information to keep track of in a CPS case, you must write everything down! You know by now how complicated a CPS case is, it is imperative that everything is written down.   The goal is to prove to your CPS worker that you are a responsible, organized adult who is able to manage your case and the many responsibilities that come with it. By keeping track of, and showing up, to your appointments, as well as visiting your children you can help show the court and CPS how hard you are working to protect your child.   A helpful tip is to keep a log system of contacts, phone calls, and a visitation checklist. Every time you call your caseworker or someone else related to your case, even if you end up leaving a message or someone calls you, write down the person’s phone number, the date, the name of the person calling, and what was discussed. If you tried calling but the person was not there, write down what you said in the voicemail message. It is helpful to […]


CPS Parent Resource Guide

CPS Parent Resource Guide Part 14: Moving Forward

  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 […]


CPS Parent Resource Guide

CPS Parent Resource Guide Part 13: Special Topics Part 3 1

Parents Who Are Undocumented Immigrants   The most important thing to remember is the CPS (child protective services) does not deport parents or their children. CPS is not an immigration agency of the United States. Children and their families are given the benefits, protection, and care of CPS whether or not they are here legally.   However, if a child who is not a U.S. citizen is brought into CPS custody, and is here illegally (undocumented), then the home country will be notified. This is a legal requirement and does not apply only when the child is a citizen of another country AND a U.S. citizen.   Be sure to always give accurate statements, as well as to cooperate with CPS as much as possible, in order to obtain all the benefits and protections that you are rightfully entitled to as an undocumented immigrant with CPS. Finally, remember that the CPS is not an immigration agency and cannot deport you or your child. Parents With Native American/Indian Heritage   The Indian Child Welfare Act (ICWA) is a federal law that protects the best interests of Indian children. If you know or think your child has some Native American/Indian heritage, tell […]