CPS Child interview
A divorce can get complicated when there are children involved. As the State of Texas will always reiterate, the safety of the children is their primary concern. In many CPS cases, the CPS (Child Protection Service) will, specifically, want to interview you or your children.  This may cause some concern on your part. However, lawyers would recommend you to be calm as they share the nature and purpose of these interviews.  Are all children required? The CPS will conduct an interview with any child old enough or capable enough to communicate and express his thoughts. This is necessary especially if there is even just a hint or allegation of abuse or neglect.  Where will the interview be conducted? The venue of the interview can be any place where the child would be able to comfortably express themselves. The CPS would ask permission to conduct it in your house. If you refuse, they can have an interview at their office or the child’s school. The key element is that the investigator will talk to the child in private. This means even you, the parent, would not be privy to the conversation. What exactly is a CPS investigator interested in? In essence, the CPS investigator would want to find out if the welfare of the child is compromised. Once there was an incident, they can confirm whether the alleged incident actually took place. If it didn’t, they might ask the child what actually happened.  When there are no specific incidents and allegations, the investigation could begin with the general feeling of the child. Does the child feel safe and secure? The investigator would then probe the reasons behind the child’s “yes” or “no” response. It would then expand on whether they believe that their parent/guardian or parent’s new partner would be capable […]

Handling a CPS Interview with your Child   Recently updated !

cost cutting
Divorces can not only become an emotional burden, but they can become a financial burden as well. There’s a lot of things that you have to spend when getting a divorce. You will need to pay for certain documents and filing, as well as court fees and lawyer’s fees. There will also be other expenses along the way. But does this mean you can’t cut find a way to spend less on a divorce? Or can you still get a divorce while still saving some money? Lawyer’s Fees and Other Fees One big source of expenses when you get a divorce would be the fees you pay for your lawyer. And while some fees, like those concerned with filing or getting certain documents, are unavoidable and non-negotiable, you can actually find ways to spend less on a lawyer when getting a divorce. Another source of expenses for your divorce would be the court fees that will be charged to you, should you choose to take things to court. So, it’s only natural that if you take your divorce to court, you will have to pay more money. Getting a Lawyer or Not Lawyers may not be entirely necessary when getting a divorce. And while you might still need help sorting out some technicalities with regard to your divorce, you don’t necessarily have to get a lawyer to help you. Of course, hiring a lawyer will make it easier for you. You can even choose to negotiate the divorce with your spouse and just have someone mediate it. This way, you might not even have to take the divorce to court. This will save you on any additional court fees. Sort Out Your Own Paperwork Should you decide you need a lawyer, one thing you can do to minimize any fees […]

Cutting Down on Divorce Expenses   Recently updated !

summer visitation
Many divorced parents have already come up with summer plans to spend with their children during that time. Exciting as it may, schedules for summer visitation tend to be confusing. The Texas Family Code provides some regulations. This article will talk about things to keep in mind when formulating a summer possession schedule.  Written Notice A written notice must be provided by the possessory conservator indicating their chosen vacation days by April 1st. This date may be changed by final orders. It is important to refer to their Divorce Decree, Final Order in Suit Affecting the Parent-Child Relationship,  or Final Order in Suit to Modify the Parent-Child Relationship. The notice can be in the form of a letter, or other electronic communication such as e-mail. Make sure that the notice is in writing. Keep any proof of the sent notice. Never send the notice with the child to the other parent. The possessory conservator cannot select the days of visitation if the deadline has lapsed. However, if the managing conservator agrees to it, the possessory conservator may still choose the days of visitation. If there is no agreement on the dates, statue provides a schedule which will be the entire month of July. It starts at 6:00 PM on July 1st and ends at 6:00 PM on July 31st. An extension of summer designations is permitted as long as the possessory conservator gives notice in advance. Choosing the Dates The freedom to choose visitation dates has limitations. The day before the last day of school and a week before it starts cannot be chosen. The possessory conservator can choose to have up to 30 consecutive days for summer vacation. The managing conservator can select any weekend from Friday to Sunday. He or she will personally pick up at 6:00 PM […]

Summer Visitation for a Divorced Parent in Texas   Recently updated !

divorce change
Getting a divorce can be a very troublesome process. This is especially if both parties aren’t exactly amenable to what goes on as it is being processed. Some are able to sort out all the matters of their divorce smoothly, but other people can not. For Divorces that haven’t been Finalized If your spouse files a divorce against you, you will receive a copy of the petition and notice. You have 20 days to respond to it. Should you be unable to respond, the divorce will continue without you, but it will end with a default judgment. After the divorce hearing, the judge will then sign the decree thirty days after. It is within the thirty days after the hearing that you can contest the default decision and make any changes. If you responded to the notice and go about the divorce process, negotiations and all, and then realize at some point before the divorce is to be finalized that you aren’t happy with something you previously agreed upon, you can also still change it. After the agreements have been settled, there is a sixty-day period before the judge signs your divorce decree, and it is within this time that you can still make some changes. Of course, you can only make changes to anything that you both agreed on isn’t irrevocable. Finalized Divorces If your divorce decree has been finalized and signed, you may still be able to change it. This is by requesting a new trial to have the decree changed. If a certain detail or a law was overlooked during the divorce or if you believe that there is new information or evidence that should be looked at, you can request for a new trial for as long as you do it within 20 days after the […]

Can You Appeal Your Divorce?   Recently updated !

divorce counseling
Divorces can be very tough for some people. Aside from it being a very emotionally stressful time, making decisions can be very tough. While some people can go through these difficulties on their own, other people may need some help handling stress. Aside from family and friends, there are other sources of support one can get during or after divorce. Counseling Whether you’re a couple that’s considering getting a divorce or someone that has gotten a divorce, there will be challenges. Many stresses and pressures are bound to happen during and after the divorce process. For those people that might need some extra help sorting these things out, counseling is an option. It’s alright to seek help from someone you aren’t personally connected to. In fact, they can give you a different perspective you might need. They are also likely to give more unbiased advice. Seeking help from a counselor allows you to connect with someone knowledgeable about these kinds of problems. And with their expertise, you’ll definitely be able to at least feel better and have a different mindset when faced with these problems. Finding a Counselor In states like Texas, a judge can require you to seek marriage counseling if you are planning on getting a divorce. By doing so, you can at least hash out your problems with your spouse and try to arrive at a solution that might not even end up in divorce. This can at least help make your relationship work and save you the trouble of a divorce. But if you do end up getting a divorce and need more than just the help of your family and friends, you can also find a counselor near you through the internet or with the help of your local social services. You can always consult […]

Finding a Counselor During or After Divorce   Recently updated !

budget at home
If there’s one thing that ruins relationships, it’s money. That’s simply one of the first things couples—whether married or not—talk about when they start living together. It’s always a case of “who will pay for what,” and finding the right balance for the both of you. Are you moving in with your partner soon? Then you should start taking notes on how you can divide the expenses—for the sake of your future home and your relationship. Split your accounts and work out the percentage you’ll give Keeping your accounts separate is still the best option in any relationship. This will make it easier for couples to control their own earnings and avoid conflicts that come with having a joint account. What you need to do and agree to a certain percentage to allot to your housing needs while, of course, being considerate of how much you make individually. But let’s say you decide to put aside 30 percent of your salary for bills and necessities. Once that’s set, you have to commit to that. Recognize who makes more and who makes less This is in relation to the previous point. One should acknowledge if they are making more or lesser than their significant other. That way, you can pinpoint which expenses will fit your salary—whether it’s paying for the electricity, water, Wi-Fi, or buying groceries. That said, you still have to follow the allotment percentage you’ve agreed on. Again, it’s all about finding a balance in taking care of your home. Save, save, save When you’re done dividing tasks and expenses, you have to get along in this category. Saving money is key to living together. If you are spending too much on unnecessary things and not keeping your part of the agreement, this will cause problems in the long […]

How to Divide Expenses at Home when Both of You are Working   Recently updated !

amicus attorney
When you end up going through a divorce, there are a number of things that you have to look after and sort out. The most common thing that both parties sort out would be how they’ll be dividing the property that they shared during their marriage. Of course, that changes when there happens to be a child involved in the divorce. If a child happens to be involved, then the court also has to help settle things such as custody of the child as well as child support among other things. In Texas divorce cases that involve children, an amicus attorney is assigned to help sort out these matters regarding the child. Amicus Attorney? An amicus attorney is an attorney that is specially assigned by the divorce court to help settle any issues that involve the child during a divorce. In a way, you can think of them as the child’s representative in their parents’ divorce case. Though the amicus attorney technically does not have a client, they keep the child’s best interests in mind and help make sure that whatever the settlement, the child will get the best they can out of it. What They Do The amicus attorney makes sure that the child’s best interests are kept in mind throughout the divorce process. This to ensure that the settlement between their parents is also one that is favorable for them. To be able to do this, the attorney will have to get to know the child and their situation better. This means that the attorney will be interviewing the child, their parents, and any other individuals that might help shed more light on the child’s situation. The attorney may even go so far as to see what life at home is like for both parents. The attorney also […]

What is An Amicus Attorney in a Texas Divorce Case   Recently updated !

In the past few years, people are entering marriage at a later age. They seek to explore first and pursue their individual ambitions. As a result, many of them already have assets prior to marriage. Many of them have an interest to protect their assets. This is also why prenuptial agreements have become more popular. Revisions in the Prenuptial Agreement Prenuptial agreements clarify property distribution, which can help narrow down the community property in case of divorce. The couple specifies some properties as separate property with a prenup. Of course, subject to conditions of the law.  Couples can actually revise the agreement by making a postnuptial agreement. These agreements actually exist, although they are not as common (and usually involves less drama) than the prenuptial counterparts. It will allow the couple to take into account the changes in each other’s circumstances after the marriage. Other circumstances like an incurable disease can force the couple to make preparations in anticipation of death.  Postnuptial Agreements and Spousal Support Spousal support is usually in postnuptial agreements. The state of Texas has very strict conditions for spousal support. Usually, those with marriages that lasted less than ten years are prohibited to petition for alimony. A postnuptial agreement can remedy this. The postnuptial agreement allows the couple to specify the amount/percentage of income to be paid. Couples can also extend the duration or totally eliminate spousal maintenance in the event of divorce. Agreements on Family Business Another major change in a couple’s life is when they venture into a family business. The post-nuptial agreement may be a business plan in case the couple would end up in divorce. It is only practical to address possible issues that may arise, specifically the designations of the couples in the company.  The postnuptial agreement can specify the delegation of […]

Divorce Issues: Prenups Need to be Revised After Life Events