When you’re going through a divorce proceeding, the last thing you need is misinformation. You have to be aware of all the terms of conditions that are being discussed. It could dictate the quality of your life in the foreseeable future.  The legal terminologies that are being thrown around should be clarified by your lawyer. You need to make sure that you fully understand any agreement that you sign on to. In the tedious process of dividing the property, it is important to learn every slight detail. Mortgage Deed Vs. Property Title For most couples, the family home is the most significant piece of property. Because of this, it is the most complicated to divide. It is important to know the difference between a mortgage deed and a property title; this will have implications on the division. A mortgage refers to a loan agreement wherein the debtor uses the title of his property to secure a loan from the bank of another creditor. In this arrangement, the transfer of title is void once the loan is paid in full.  The mortgage deed is evidence of ownership of a property that is under mortgage terms. If one spouse wants to obtain true ownership of their marital home, they can execute a “quit claim” deed. This deed will relinquish the ownership of rights of one ex-spouse making the other spouse the sole owner, but it will still not take away the obligation of either spouse in terms of their loan agreement. In this case, the mortgage is still named to both spouses. The only way for a spouse to be eliminated from the ownership of the house is for the other spouse to execute a buyout of the rights.  True Value It is always good practice to determine the actual or current […]

Understanding the Difference of a Mortgage Deed from a Property Title of a Marital Home   Recently updated !

emotional maturity
Emotional maturity is needed to maintain the minimum level of civility and respect for co-parenting. Going through something as difficult as divorce can be an emotional rollercoaster ride. A lot of good and bad things will be rehashed during the divorce that can cause immaturity of both parties. The parties should keep in mind that they are two consenting and mature adults when they married. It should follow that they be the same two consenting and mature adults in the divorce proceedings.  Emotional maturity varies from person to person. Each and every one of us has a different perspective of what maturity should be.  However, the following are essential things in a divorce process: Be accountable for your own thoughts, words, and actions.  Whatever you do or say matters in this situation. Emotions are all over the place and everyone is a bit more sensitive than normal. That is why it is important to be mindful and considerate. The results of hurtful and negative actions and words are not easily shrugged off even after years’ time. Own up to your points and faults in the marriage and divorce. Every situation is a two-way street. Both parties have their own points and faults. It takes two to tango so there should be no room for playing the blame game or playing the victim. It is important to acknowledge the positive and negative things you have contributed to the relationship. Own all of it.  Stop dwelling on negative thoughts and emotions.  Emotions are fleeting and they can be controlled by our own thoughts. How we deal with our emotions is up to us so challenging your thoughts to achieve the emotion you want to feel should be a practice. If things get heavier than it should be, get help, if necessary. Don’t […]

How to Deal With the Emotional Components of Divorce   Recently updated !

Knowing What’s In Your Child’s Best Interests
Your child’s best interests will always be a key point in your divorce and child custody cases. As you are well aware, your child feels the impact of the divorce even more than you do. It’s really a sad reality that you have to accept and deal with properly. You and your spouse can have some control over the circumstances that affect your divorce, but your child is completely helpless. It is quite common for children to feel confused and misplaced when their parents are undergoing a divorce. As a parent, you obviously would want to protect your children. The divorce probably happened because you want to protect your children from your spouse’s wrongdoings or abusive behavior. Knowing what’s in your child’s best interests would definitely help in ensuring that they can have a normal life during and after the divorce. The conflicts and the many issues that you will have to deal with throughout the duration of your divorce could take its toll on you. You might lose sight of the fact that your children are your priority. You could be blinded by things that you will fail to recognize what’s in your child’s best interests. How can you play your divorce according to your child’s best interests? 1. Avoid the Courthouse It might come as a surprise to many that a lot of divorce cases don’t get into the courtroom. Contrary to what movies and television depict, most divorces actually end in settlement, hence, there’s no need to pay a visit to the judge. The only problem with this option is that you might find it difficult to deal with your spouse when you are still at the peak of your anger. If your spouse has terribly wronged you, it can be quite uncomfortable to work together to […]

Focusing on Your Child’s Best Interests   Recently updated !

child support
Managing your expenses can be a little complicated sometimes. There are bills that need to be paid. If you are divorced and don’t have custody over your child, there’s also the matter of paying for child support. Managing all those expenses will take a lot of responsibility and careful planning. But what happens if you end up not paying for child support? What happens then? Wage Garnishment Just like your bills, child support is one of those things that must be paid. If you end up being behind on your child support payments, then at some point, your wages will end up getting garnished. Getting your wages garnished means a portion of your salary will be deducted in order to pay for your debt. In this case, the debt will be your unpaid child support. The garnishment of your wages begins when the court sends an order to your employer. The latter will be informed that your wage needs to be deducted to pay for your unpaid child support. When the court orders for your wage garnishment begins depends on the state agency handling child support. Can I Contest This? Don’t worry if there is a mix-up with your payments. You can contest your wage garnishment. If you can’t afford to pay, you can appeal to the court by sending a complete list of your expenses per month. When the court sees that your expenses are reasonable, then they can make adjustments. If you also made payments that were made but weren’t accounted for, you can also present documentation to the court to help clear things out. Of course, the basis must be reasonable. If you can’t pay because you made a huge, unnecessary expense, then the court has every right to uphold that garnishment. Managing your expenses can be […]

What Happens When You Don’t Pay Child Support   Recently updated !

mulitiple personality spouse
Marriage is one of the biggest decisions you can ever make in your entire life. It follows that it is an equally significant decision to end this marriage. The cost is tremendous, but there are situations wherein ending the union could be the only rational choice. Such is a situation if your spouse is mentally ill. When your spouse suffers from Multiple/Dissociative Personality Disorder Until recently, mental illness has not been given the attention it deserves. There are still many conditions that the fields of psychology has not yet figured out. Some of these conditions could make a person become a threat to his/her spouse and their children.  It can be threatening if your spouse exhibits the symptoms of multiple personality disorder (also called Dissociative Personality Disorder). Persons with this disorder can sometimes manifest symptoms wherein they are not aware of their own identity or current situation. Panic attacks can be expected too. If it happens often enough, can a spouse use this as grounds for divorce? Mental Illness as Grounds for Divorce Confinement to a mental institution is a “no-fault ground” for divorce. Even in this case, the confinement must last for three years. The petitioner will have to establish two things: That the disorder has reached an extent that it will no longer improve; and That even if does improve through therapy, there is a strong possibility of relapse.  To prove these states, the petitioner must secure the official diagnosis of licensed psychiatrists and therapists. The court may request other experts in the field to give a diagnosis. Cruelty as a Fault Ground In the absence of the required conditions stated above, then the petitioner can use the fault ground of cruelty. Texas law does not clearly define the notion of “cruelty”. It depends on how the case is […]

My Spouse has Multiple Personalities, Can I Divorce?   Recently updated !

Texas Department of Family and Protective Services 2
I thought I would start off this blog with a bit of information on what types of things to watch out for that can get DFPS (Department of Family and Protective Services, the umbrella organization for CPS) involved in your life.  Most of the time, when people are looking up or contacting lawyers about their dealings with CPS they are usually very confused.  In most cases, parents feel they have done nothing wrong (and in fact, a reasonable person might even feel they have done nothing wrong) and yet, they are being “investigated” by the government for how they parent their children.  I certainly sympathize with this, as most people really have no easy way of finding out information about the process.  My goal is to hopefully bring a bit more transparency into the area, and hopefully be able to help some families avoid a lot of hassle later. First of all, it is important to know a little bit about the intake procedures that CPS uses.  CPS gets a MASSIVE (and I may even go into HOW massive at a later date) amount of calls into their system of possible child “abuse and neglect” which covers a broad range of categories.  They then have to classify the report and determine whether to investigate or not.  The vast majority of calls into their intake system are not such types of things that need to be investigated.  The criteria are somewhat specific, but it is mostly a calculation on the veracity of the report, as well as potential risk to the child. Some of the areas that MAY cause CPS to investigate you are a bit of a surprise to some parents, so I feel its important to mention them here.  One of the more common calls to the intake centers is parents leaving small children […]

How to Avoid Problems with CPS (DFPS)   Recently updated !

postnuptial agreement
Married life can be wonderful for a lot of couples. But just like every marriage, there will always be some problems that’ll come along. Many married couples still manage to make it through and even make it out in a better place. Not all couples like to think that their marriage is going to end because of a problem or two. In fact, some couples don’t like thinking about their marriage ever coming to an end. So, does that mean you shouldn’t consider getting a postnuptial agreement? What’s a Postnuptial Agreement A postnuptial agreement is basically like your standard prenuptial agreement, except it was made after a couple’s marriage. Postnuptial agreements are made just in case the possibility of a divorce comes along during a couple’s marriage. In a postnuptial, matters such as who gets ownership over certain properties, whether there will be alimony, and asset division are some of the things that are sorted out. Postnuptial agreements focus more on the financial aspects of a couple’s marriage. Do You Need One? As much as getting a postnuptial agreement sounds pessimistic, considering that you’re planning for a divorce that might happen, it can help provide some sense of security for you and your spouse should you decide to call it quits and go your separate ways. Just keep in mind that postnuptial agreements may work out for some couples and may not for other couples. Whether or not you should get one depends entirely on what you and your spouse agree on. Sometimes, just sorting things out and talking about it with your spouse can be good enough. But if you and your spouse are the type to prepare for absolutely anything and don’t mind considering the possibility of your marriage coming to an end, then maybe a postnuptial agreement […]

Do You Need a Postnuptial Agreement?   Recently updated !

It is every child’s right to a childhood that will help them grow and flourish as a person. No matter where that child is in the world, it is a right due to that child. That is why as a parent, you have to make sure that you help give them that right in the best way you can. Single parent or not, it is your duty to your child to help make their childhood the best one they can possibly have. If you find yourself in a rut, struggling to come to terms with what you have to do for your child, or thinking about whether or not you’re ready for a child, read on and maybe you’ll find something that can help. You Can’t Back Out from that Duty Your child’s right to have a good childhood is something that you cannot back out of. Of course, it isn’t some written agreement that you sign, but it is a duty that you take on when you decide to become that child’s parent. No matter where you are in the world, the rights of children all help aim to protect them and make sure that they grow up in an environment that can help foster their growth. Just like how adults have their corresponding rights, children also have their rights. And the minute they are violated, there will be repercussions. But even without all the legal concerns, it should be a good parent’s duty to make sure you help give your children the rights due to them. Set All Your Issues Aside No parent is perfect. No matter how flawed you think you are, whether you might have commitment issues or have trouble communicating, you should do your best to set all your issues aside to help give your […]

Your Child Deserves to be Happy   Recently updated !