Divorce


Frequently Asked Questions About Annulment
What is an annulment? Annulment is a legal procedure that would invalidate your marriage – so it will mean that you were never married. In order to go for annulment, you need to qualify for it. Once you are granted an annulment, your status will be single and you can remarry. It basically cancels and erases a marriage. It declares basically that your marriage never married. Can a court divide property in an annulment? The court will issue orders regarding the children and the separation of property in an annulment. The court will also determine which properties and assets are community property and which ones are separate property. These will be divided accordingly. What happens to the children in the annulment? When there are children from your marriage and you want the marriage annulled, you will have to submit a SAPCR (Suit Affecting the Parent-Child Relationship) which will determine the rights and duties of each parent towards the children.  Will an annulment affect the presumption of paternity? No. The husband will always be the presumed father of the child if the marriage took place before the birth of the child or if the child was born during the marriage. He will also be the presumed father if the child was born 301 days after the marriage was terminated by divorce, annulment, or death. What is the difference between a suit to void a marriage and an annulment? Both legal procedures focus on reasons why the marriage is not valid. The difference between the two is that a void marriage is not a valid marriage from the start, despite what the court may say. Annulment, on the other hand, needs the permission of the court to invalidate the marriage. Also, in a void marriage suit, spouses will not have the option […]

Frequently Asked Questions About Annulment in Texas   Recently updated !


trial separation texas
There are times when a spouse is not sure about divorce. The spouse may only want some time alone, or there might just be a crisis they have to hurdle.  In any case, there are some counselors who would advise having time apart from each other. Are there any legal parameters for this kind of arrangement? Legal vs Trial Separation There are different types of separation. There is legal separation and trial separation.  In a legal separation, there is an agreement by both spouses that they would live apart. But legally, they would still be married. The usual question is: why would they not just get a divorce instead? Legal Separation offers the same benefits to married couples. These benefits include: Community property Healthcare coverage for the other spouse The spouses can resume marital union at any time without any complications (because they are still legally married). The state of Texas does not offer legal separation. Generally, a trial separation is only an informal agreement. However, the court may recognize it if in a legal document. You can agree in conditions and have a signed agreement. This option is for couples who are unsure of divorce but wants space from each other. Making the Separation Agreement Binding As trial or legal separation is not recognized by the state of Texas, there is no formal agreement required. What the separation agreement actually does is offer a level of accountability. If the judge signs the agreement, a court order may be issued for the custody terms, visitation rights, child support, etc. The separation agreement then works as a legal contract when sought with the aid of the court. It is signed by both parties and the judge. The purpose is to have a written record of the conditions of the separation as […]

Trial Separation in Texas   Recently updated !



divorce family movies
Going through a divorce is something that might not be unusual nowadays. A lot of couples may end up disagreeing on a lot of things. Many think that maybe it would be best to part ways. For adults, it’s easy to understand this. But for a child, why this would happen may not make much sense to them. Explaining the situation may help them understand why mom and dad are deciding to split up. It might help if they find a way to see how divorces go and how life goes on after. One good way they could see that would be through movies where the story revolves around a child’s parents divorcing. If you plan on doing so, you may want to consider these two movies. Boyhood This movie revolves around how the youngest child, Mason, sees life with his parents having separated at a young age. The movie follows Mason for 12 years. Mason grows up together with his sister. The movie shows his life from when their parents were still married until after the divorce. One thing that is shown in this movie is the reality about relationships. We are shown how some relationships just turn out great while others don’t end up so great. Some are better off just putting an end to. By helping your child see this reality regarding relationships, maybe they can understand why mom and dad are choosing to part ways. Mrs. Doubtfire Starring the late Robin Williams, this movie helps show us divorce in a rather light way. This movie revolves around how Robin Williams chooses to secretly see his children by disguising himself as a nanny for his kids. Though this may be illegal in reality, Mrs. Doubtfire shows us that just a parent’s love for their children isn’t any […]

Movies that Can Help Your Child Understand Divorce Better   Recently updated !


inheritance of adopted
Can the adopted child inherit from his or her adoptive parents? Yes. Under the Texas Probate Code, when a child is adopted legally or formally, they are treated in the same footing as a natural-born child of the adoptive parents. Therefore, if the decedent dies without a will, the adopted child has the same inheritance rights as the natural child. In cases of formal adoption, the state conducts an investigation to ensure that the adopting parents are qualified to adopt a child. The investigation may include but is not limited to inspecting their home and doing a background check on the applicants. The state must verify that the applicants have enough resources to provide for the adopted child. Once everything is in place, the judge then approves the petition for adoption. The adopted child will legally become the child of the adopting parents and he or she enjoys the same rights as a natural born child. This means that the inheritance rights of the adopted child extends not only to what he may inherit from the adopting parents but he or she will inherit from the adoptive parents’ decedents, such as the grandparents, and in some cases, uncles and aunts. Can the adopted child still inherit from his or her biological parents? Another issue at hand is whether or not the adopted child still has the right to inherit from his natural or biological parents. As a general rule, yes. The adopted child can inherit from both his or her birth parents and adoptive parents. This is only applicable if the natural or adoptive parents do not have testamentary wills and if there is no court order that especially prohibits a child to inherit from his or her natural parents. If the adoptive and natural parents have testamentary wills, their estate […]

What Can the Adopted Child Inherit?   Recently updated !



adultery
Adultery is one of the most common reasons for divorce. For many married individuals, it is a deal-breaker as it reeks of betrayal.  Adultery as a Ground for Divorce While it is often met with anger and condemnation, adultery is not considered a crime in Texas law. There is no direct penalty for any spouse who commits adultery. However, it can be one of the grounds for divorce.  In the state of Texas, there are two kinds of divorce. The first one is a “no-fault” divorce. This is where both parties agree to separate. There is no need to find fault or disparage the other party. Nor is there a need to justify their decision.  However, if you want a divorce and your spouse resists, you can file based on grounds accepted by the court. Adultery is one of them. Alimony and Adultery Adultery is legally defined as voluntary or willful intercourse of a spouse with a person who is not the husband/wife. If you will file the divorce based on these grounds, there has to be acceptable proof.  If the court finds the proof acceptable, the divorce proceedings will commence. It is often noticed that adultery will be a factor throughout the course of the trial. When a judge decides on temporary custody and property division, he can consider one party “at fault”. Requirements for Spousal Maintenance Alimony or Spousal maintenance is given by Texas courts to a spouse who is incapable of meeting his/her personal needs. The state has certain conditions before awarding alimony. While adultery is not one of them, there are some judges who may consider it when they make their decision.  Even if the marriage lasted more than 10 years, a judge may deny alimony if the requesting spouse committed adultery. On the other hand, […]

How Does Adultery Affect Alimony in Texas?   Recently updated !


divorce school performance
Divorces can be a pretty stressful experience. While the process of divorce itself can get very difficult, life after the divorce can be just as hard. Getting used to how life after divorce can take a lot of trial and error to adjust to. But if you think that parents have it hard, kids can suffer too. The divorce can affect children just as much as it would for their parents, sometimes even worse. How well they do in school would be a perfect example. Having to Adjust For kids, life can get very confusing and difficult after their parents’ divorce. Some may have a harder time than others because some divorces may just be sudden and unexpected. If one wasn’t expecting their parents to divorce, he wouldn’t really know how to feel about it. But if a divorce was expected, they’d also have a difficult time, but not just as much. This would be because these children have somehow already acknowledged and expected, not being that surprised that it happened. In a sense, they’re more adjusted to having a life that’s constantly disrupted due to their parents’ marriage. This helps them carry on with their everyday life much easier. Who Has It Easier? One might think wealthier children may be able to adjust better than other children. After all, they are provided for. That isn’t necessarily true as a recent study revealed that wealthier children may even have a harder time adjusting. It can negatively affect their school performance. It showed that money wasn’t really of any help to them in adjusting in school following their parents’ divorce. The study showed that even kids coming from regular had an easier time adjusting, and sometimes not even needing to adjust at all, as they were more used to life was […]

Divorce and Your Child’s School Performance



prenuptial agreement
If you’re someone who’s planning to get married soon, the thought of getting a prenup might have crossed your mind once or twice, but why would you, right?  Prenuptial agreements – legal documents that state how a couple’s assets and possessions will be divided in case of a divorce – aren’t really necessary, especially if you know the law and are satisfied with their terms. But coming up with a prenup doesn’t easily equate to being a non-romantic, it just means that you’re someone who is careful about your future, and takes into account the possibility that all relationships come to an end, even if we didn’t want it to. It’s not bad to plan for the future, especially if you own properties, stocks, have children, or would be spending for the family, such as education. Let me show you what I mean. The Up and Down Sides of a Prenup Let’s start with the upsides: It could help identify who gets what, for example, a business you already have before entering the relationship It can be crafted according to your preference and situation, but of course, it could only cover those that are within the law It could protect you from each other’s individual debts that may pile up before or during the course of your marriage, such as student loans It could save you more time in the future, because negotiations regarding properties would no longer occur given that they are already stated in the prenup  It can help you prepare for the worst possible consequence a divorce could give you based on your own previous experiences However, it also has its downsides: It could make you look like you don’t trust your relationship to last and that you’re open to the possibility of separation or divorce, even […]

Prenuptial Agreements: Why is it more relevant today?


inheritance
When two people marry, it is not just a union between two individuals, but a union of two families. The influence of the family will reflect on the marriage. The differences in values and culture could spell the difference between a harmonious marriage and one that ends in divorce.  The big question is whether the influence extends to the financial status of the couple. If marriage binds them, will divorce effectively cut all ties? Inheritance and the Limits of Community Property The State of Texas follows the principle of community property. That means they consider the properties of the married couple as the property of both parties. Thus, if they divorce, the property should be divided between the two of them in an equitable manner. However, there are exceptions to community property called separate property. Inheritance is clearly stated as one of the exceptions of community property.  There are still certain conditions for an inheritance to be considered as a separate property. Otherwise, they would also be considered as community property. Any property that is received by a spouse as a personal gift or a personal inheritance is considered separate property. Unlike property acquired through purchases, the gifts and inheritance will not be community property. It does not matter if it was received during the time that they were married.  This holds true as long as the money or property is not commingled with the community property. For example, if the husband receives a personal inheritance worth $10,000, and he decides to deposit the money into their joint savings account, then it will be difficult to distinguish it from the money that they have also saved. In this case, it would likely end up as part of the community property. The same principle applies if the money inherited is used […]

Is My Spouse Entitled to My Inheritance When We Get Divorced?