uncontested divorce
Divorce is often portrayed in movies as something quite arduous and always has the courts involved, but the reality of it all is that there are options to avoid such painful experiences. While that is true, it does not mean that divorce is without pain, however, it is always good to know that there is something known as an uncontested divorce in Texas. What is an uncontested divorce, you may ask? Just like it sounds, an uncontested divorce means that you and your partner have agreed to the terms of your divorce and don’t need to get the courts involved. As you can tell, there are a lot of positive things that can come with an uncontested divorce and one of the biggest bonuses is that it is much cheaper than a contested divorce. Aside from that, the whole amicable breakup is always a better way to end relationships and it can really help reduce the stress of an already difficult situation. To qualify for an uncontested divorce, it really is quite simple, just make sure you have these following points ticked off: 1) You and your soon to be ex-spouse agree on the divorce terms – Before anything else, you need to make sure that the terms are agreeable to both you and your partner, if this isn’t something that can be confirmed, then you may need mediation or someone to flesh it out, unless it’s a major disagreement then there is still no need to involve the courts. 2) One of the two must have lived in Texas for a minimum of 6 months – Either you or your partner must have lived in Texas for the minimum amount if you plan to file an uncontested divorce in the state of Texas. 3) One of the two must […]

How to Get an Uncontested Divorce in Texas   Recently updated !


Adult Adoption in Texas
When hearing the word “adoption”, child adoption comes to mind by default rather than adult adoption. The latter goes through a much easier process than the former because not a lot of other individuals’ consent are needed for adoption to be successful. In Texas, a number of reasons why an adoption of an adult takes place. These are the most common reasons among others:  Adult-adoptee is in need of a custody or guardian The adopting parent has been treating the child as his or her own until it reached adulthood The adopting parent wants the adult-adoptee to inherit from him or her The adopting parent is well-bonded with a stepchild who is an adult There are a lot of advantages to adopting an adult. However, not many people in Texas are aware of the adult adoption process.  What the Law Requires Texas law requires that a petition with the appropriate court must be filed by the adoptive parent. The place where the adoptive parent lives or resides should be the place where the petition should be filed. If the adoptive parent who files the petition to adopt is married, the spouse must also be a party in the petition for adoption. The adult-adoptee must provide his or her consent to be adopted by the petitioner and the latter must have a written proof of this. Unlike in child adoption, it is not required to notify the parents or family of the adult-adoptee about the adoption. Only the consent of the adult-adoptee matter. After all the requirements have been met, a court hearing shall be set. The court might waive court attendance if good cause can be shown. When Adoption Will Not Be Permitted Adult adoption, like child adoption, can be denied for a number of reasons. One of the main […]

How to Adopt an Adult in Texas   Recently updated !



emancipation
Parents have the responsibility to support their children while growing up. In states like Texas, it is the duty of parents to provide the basic needs, shelter, education, and other kinds of support to their children up until the age of eighteen. Our laws also give restrictions to children and turn into parents for consent when entering certain obligations. What is Emancipation? Emancipation is commonly associated with minors who want to have the legal capacity of an adult. The parents of said minors give up their control over them. Minors, in accordance with law, are those below the age of eighteen years. Children can already leave their parents’ house by the time they have reached this age. Through the process of emancipation, however, minors with ages at least sixteen or seventeen years may acquire rights as that of an adult. Nature of Emancipation in Texas The Texas family court decides on cases of emancipation. The minor is the one who files the petition to the court for the removal of disabilities of minority. This means that all restrictions that limit the capacity of the minor to enter into agreements, contracts, or other decisions which require the discretion of an adult are being removed. Obligations which require contracts such as buying a car or house, renting an apartment, and credit transactions can already be obtained by an emancipated minor. In addition, they may have the right to decide things pertaining to medical treatment, education, litigation, management of their own income and properties without consent of a guardian. They have access to certain privileges but also become responsible of their actions and decisions. It will not be necessary for parents to provide for their emancipated children. In a sense, the parent-child legal relationship is terminated.  Requirements of Emancipation In order for a […]

Emancipation in Texas   Recently updated !


prenup
In case you’re wondering what a post-nuptial agreement is, it’s basically just like a pre-marital agreement. The only difference is that pre-marital ones are signed before the marriage and post-nuptial ones are signed after the wedding. Usually, the motivation between a prenup agreement and a post-nuptial agreement are not the same. In Texas, you are allowed to sign a post-nuptial agreement that includes part or all of your community property. The separation of one spouse’s income or both spouse’s income is commonly a part of such agreements as well. This means that when you sign the agreement, you agree that your spouse’s income will be his or her separate property and your income will be yours as well. Furthermore, this means that if a divorce were to occur, your spouse will not be able to claim any part of that income. If you sign a prenup or a post-nuptial agreement, the court will not try to ‘meddle’ in your affairs at the time of your divorce, if you were to divorce. Turning Separate Property Into Community Estate If you want your separate property to be a part of your community property, you can also specify this condition in your pre-nuptial or post-nuptial agreement. When you sign the agreement, the separate property will automatically become part of the community estate. This is of course different from transferring the title of your property to your spouse. Requirements for Post-Nuptial Agreements So you think that you and your spouse are into this idea of signing a post-nuptial agreement. What must you do? First, you need to comply with the requirements set by the state of Texas. If you fail to meet these requirements, your post-nuptial agreement may not be considered valid and therefore cannot be enforced. So what do you need? The post-nuptial […]

What a Post-Nuptial Agreement Can Do For Your Family   Recently updated !



high net worth divorce
When push comes to shove, and both of you are not having it, divorce might be the answer. There’s no more sugarcoating to the fact that life is constantly changing and the same goes with your partner. Yes, you may have initially thought that you see things eye to eye and respect differences if not but some people are not just tolerant or resilient when it comes to fixing things or accepting it.  Some people need space apart to thrive, and that may mean full separation especially if the relationship is riddled with lies, abusive behavior, and intolerable behavior. But what if the divorce is not just a typical case of two individuals separating? What if both of them contributed and earned a hefty amount of properties, cash, and resources over the course of their marriage? What happens next?  This article aims to discuss how one could deal with divorces under the context of the Texas Law. In Texas, there is what they identify as “community property state” it is a property or resource that came to be during the couple’s marital state. When something is tagged as a community property state, it will be split and divided into equal parts for you and your spouse. The issue lies when one spouse tries to hide it or characterize it as his own personal property because, under the legislative regulations, it is not subject to equal division.  Trace, plan and talk to legal counsel  Well, inevitably the first step is to speak to a lawyer and identify all of the properties and determine if it is a community property state or a separate property. With help from one that knows the loopholes of the law governing this civil issue, you will have an objective look regarding the whole situation.  Enterprises that […]

Dealing with High Net-Worth Divorces   Recently updated !


money
Marriage is a union between two people who want to share their life together “for richer, for poorer.” It is common knowledge that they are to share their assets, and that is usually a pleasant discussion. However, when liabilities are the topic, specifically debt, how much accountability does a spouse have? The laws in Texas have specific guidelines with regards to the extent of responsibility you have for your spouse’s debt. Here are some factors that need to be considered: Community Property Laws One key factor to consider is that the state of Texas recognizes Community Property Laws. Thus, every property that the couple acquires or purchases is deemed community property. The exceptions are the property acquired prior to the marriage or property inherited or received as a gift to him/her alone. How does this apply to liabilities? Under typical circumstances, both spouses are equally liable for the debts incurred, regardless of whose account it was charged to. However, there are different situations which often result in different extents of liability. Divorce It is a misconception that Community property also translates into community debt. While it is true that spouses are responsible for each other, that concept is limited to “necessities.” That extends to the purpose of the debt incurred. If the debt was used to acquire necessary items like food, shelter or clothing, it is considered community debt. A credit card charge for a luxury bag, for example, may be disputed as an exception to community debt. It may not seem equitable for the spouse to be liable for that after divorce. However, there are also exceptions to this. Debts Incurred as a Couple There are instances when debt is incurred as a couple, and this agreement is recognized by the divorce court. Thus, if both spouses agree to […]

Am I Responsible for My Spouse’s Debt?   Recently updated !



investigation mgn 1
Occasionally I will get a call from someone who either is in the early stages of a CPS investigation, or is concerned that a report may have been made, about how to avoid CPS involvement. Sometimes, this is a fairly complicated question, but there are definitely some things that can increase your likelihood of being involved with CPS. The first important thing to note is that CPS gets involved based on referrals made by third parties, and many of these referrals are effectively mandatory even if the person referring you doesn’t really think there is anything going on. Injuries to children can often trigger a referral to CPS even if the cause of the injury was something completely benign if the injury itself has signs of being indicative of abuse. Likewise, statements made by children indicating abuse will almost certainly trigger a referral by any school or daycare personnel who hears it, even if they don’t believe it is the case. For the most part, any agency involved with taking care of children likely will take (and should take) a broad view on what things should be reported and leave it up to CPS to figure things out after that. For reference, here are the sources of referrals from the DFPS 2013 fiscal year data book:

Avoiding CPS And What To Do When You Can’t   Recently updated !


post-divorce tips
If you’re not one to live by a calendar and a planner, chances are you have a pretty carefree attitude towards life and that you just go with the flow of the situations. That can be a good attitude for a single person, but chaotic for a divorcee with a child. Imagine all your plans clashing with your kid’s and your ex-spouse’s events, it’s like an explosion waiting to happen. It’s better to keep a system both you and your ex-spouse could adhere to to keep a healthy family-work-life balance. For that, I give you two Cs: Calendar and Communication. Keep a Working Calendar Let’s start with the easiest. First, you have to settle on a calendar to use. You can utilize online calendars that you can keep on your phones, or you could buy a physical calendar where you can write your plans on and move back and forth with your child. It’s your choice. Once that’s settled, you move on to the next part which is maintaining that calendar. It’s easy to forget to maintain a calendar, especially if you already mentioned the specific event to your ex during a conversation. But you have to remember that the human mind is feeble and we tend to forget things, so it’s always better to put everything in writing. Input all your personal planned events in the calendar, all your children’s school calendars and summer and holiday breaks, and tell your ex-spouse to do the same. That way, you can visualize the amount of weekends and holidays you can allot and divide for vacations and family events. If possible, try setting reminders for events so that you won’t miss out on any. It may be a handful to keep and maintain a working calendar, but if you get into the […]

Post Divorce Co-parenting Tips   Recently updated !