Divorce


division of property
A married couple shares many things between them. Most have purchased or invested property like houses, cars and other property. If the couple divorces, they will have to settle the division of their property. Texas as a Community Property State Texas is one of the states that uphold the concept of community property. All of the property that either spouse acquired while they were married will be community property. Both spouses will share it equally. Thus, a spouse has to prove which of the properties are their separate property. Separate property is acquired prior to the marriage or any property that is specific to one spouse. It can be through inheritance, as a gift, or as remuneration for a personal injury. Anything that has not been declared as the separate property will then be part of the community property. It will be subject to distribution by the court.  How the Court Divides the Property The guiding principle of the divorce court is equity and fair play. The judge will consider all the circumstances surrounding the divorce. Custody will be a factor since they need to look out for the welfare of the child. Thus, the parent who is taking responsibility for the child might be given some favor.  They may also consider the disparity of the ex-spouse’s income and even who was at fault in the divorce. The divorce may place one party at a disadvantage. For example, a housewife who would suddenly have no source of personal income. The judge may also consider that one party may have difficulty if they seek employment because of no work experience due to marital responsibilities. Investments and Pension Plans Any investments and retirement plans that have been undertaken at the time of marriage is community property. It is also under the discretion of […]

How the Court Divides the Property   Recently updated !


sell common property
Picture this. You just bought a new car. You’ve been saving up for this for the past year or two and you finally bought it. But then after a few months, you come home to find out that your car’s gone. Apparently, your spouse decided it was a good idea to sell it. What do you do now? Well, if you find yourself in this situation or just want to know if this is allowed to happen, keep reading. What Do You Own? Before we get to the specifics of whether or not what you own can be sold without your consent or not, it would be good to work out what you own and what you and your spouse own. All the things you owned before getting married to your spouse are, of course, still owned by you. Anything purchased that comes with a title and is under your name is your property. Things that are given to you, whether as a gift or inherited, are also still your property. The same applies to your spouse. Where things get a little more complicated are the things that are community property. Community property is the property that is owned by both you and your spouse. Things that fall under community property would be any property that would be under both your names in a title, whatever it is you and your spouse earn during your marriage, and also whatever is bought with the money you both earn while married. What Can I Sell Then? Most states in the United States are community property states. Texas included. In community property states, anything you co-own with our spouse would need both your permission before it is sold. So, anything you both own cannot be sold without the consent of the other. That […]

Can My Spouse Sell Our Common Property Without My Consent?   Recently updated !



SAPCR
Getting a divorce costs money. Most of the time, they don’t come cheap. There are a lot of things you’ll need to shell out money for to help your divorce go along. One of those things would be for a lawyer. After all, getting a lawyer would be one of the more important things that you’ll need. A lawyer will help you as you go through your divorce proceedings. Paying for lawyer’s fees may be a little difficult financially for some people, especially if there’s a child involved. If you find yourself in this situation and want to know what to do, read on and find out. What’s a SAPCR? In divorces that have children involved, there may be what is called a “Suit Affecting the Parent-Child Relationship” (SAPCR). As the name suggests, a SAPCR is filed when there is anything during the divorce proceedings that comes up that might affect your child’s relationship with you. Basically, the SAPCR looks after your child’s safety and welfare. Who Pays for the Lawyer’s Fees? Since divorce proceedings can cost a lot of money, as well as the lawyers needed to help get them going. In some cases, one party may not have enough money to help pay for a lawyer. Usually, the payment of lawyer’s fees can be discussed, sometimes even contested. Depending on what happens, the lawyer’s fees may be covered by one party, awarded to the other party, or they might still be your responsibility to pay for. In some instances, SAPCRs can help decide who pays for the lawyer’s fees of the concerned party. Since SAPCRs help in looking after the child’s welfare, payment of the lawyer’s fees can be put on hold temporarily if the parent who has custody of the child may not have the finances to […]

SAPCRs and Lawyer’s Fees   Recently updated !


divorce3 1 1
Divorce is difficult, but not all divorces are created equally.  Here in Austin and Greater Metro Area, more and more people are choosing to resolve their family law issues via the collaborative process.  Collaborative divorce is a method of dispute resolution where the spouses agree from the beginning that they are each going to retain attorneys who will work as settlement specialists and who will not engage in court battles. Here are the top 5 reasons any Texas couple considering a split should choose collaborative divorce:   Privacy Rather than have their dirty laundry aired in a public courthouse, spouses going through a collaborative divorce resolve all issues through privileged and confidential discussions in a private conference room. This can be especially important for business-owners, professionals, and high-profile Florida residents who are concerned about the public release of either financial details or embarrassing personal shortcomings.   Respect By its very nature, divorces that go through the court system are adversarial.  They pit husband versus wife, mother versus father, as each side tries to prove to a judge that he or she is a better parent or deserves more money.  In contrast, collaborative divorce is a team-based method of conflict resolution, where attorneys help the spouses attack the problem rather than attack one another.  The attorneys help foster an atmosphere of respect and dignity within discussions. Parents and their children (whether minor or adult) are the ones who benefit the most from this aspect of collaborative divorce, as though the marriage is ending, the relationship as co-parents will continue.   Efficiency Ninety percent or more of all divorce cases end up settling, whether before filing a petition for dissolution of their marriage or after the parties have spent hundreds of thousands of dollars and many years going through trial but right before a […]

Top 5 Reasons to Choose Collaborative Divorce   Recently updated !



divorce
Life after a divorce can be tough. There’s a lot you’ll need to sort out, especially your emotional state. Even if the marriage wasn’t terrible and the reason for the divorce was something you and your ex-wife amicably agreed on, you could still be hurting deep down. Life goes on whether you like it to or not, that includes your ex finding a new husband. Even if it does suck, there will come a point where you’ll have to just accept it and just get along with her new husband. If you’re having a hard time with that, why not consider the following things as you go along? Take Your Time Everyone gets over things at their own pace. There really isn’t a correct timeline for moving on. As long as you’re really trying and making an effort to better yourself, then you’re doing fine. Moving on should really be the first thing you need to focus on. Accept that things are over and that they’re over for a reason. Don’t think that you’re on the losing end or that things won’t get better. Also, avoid placing the blame on anyone for what happened. Things just happened to unfold the way they did and now you’re here. There’s nothing you can do except to move forward and continue with your life. Harboring any negativity regarding the whole ordeal will just make it harder for you to move on and might just put you in a spot where you just become a toxic person. No one wants that. Be Warm, Be Open When the time comes that you believe you’re over it and have moved on significantly, you’ll see that you’re in a better headspace to deal with things that involve your ex. Her new husband included. Just as how every […]

Tips on How to Get Along with Your Ex-Wife’s New Husband   Recently updated !


common law marriage
The state of Texas has laws that seek to protect the welfare of children. However, the parents of the children need to be responsible for their affairs in order to keep everything in order. For parents who did not get married, then there are provisions in the law that they need to observe. Common-Law Marriage Texas recognizes common-law marriages. These are marriages without formalities like the marriage license or a ceremony. The State has certain requirements before recognizing a couple as married. Firstly, they should agree that they are married. Second, they should live together as husband and wife. Finally, they should declare themselves to the general public as a married couple. This means they should introduce themselves as married to each other and also engage in legal affairs like a married couple, like jointly applying for credit.  They are considered married once the requirements are established. It is understood that only adults above the age of eighteen can marry under these terms. Children in a Common Law Marriage It should be clarified that these are the conditions for a common-law marriage. Having children is not necessarily a prerequisite, nor can it be a substitute. Just because a couple has a child together, that does not make them a married couple. They still need to fulfill those conditions.  The children in a common-law marriage will have the same status as those of a married couple. Thus, they are legitimate children with complete rights to inheritance and under the same legal protections as children of regular marriages. The same is true when a common-law couple divorces. There will be a distribution of property, with recognition of community or conjugal property. There will be entitlements to child support and a right to petition for alimony.  State Recognition It should also be noted […]

Status of Children of a Common Law Marriage in Texas   Recently updated !



polygamy
Polygamy is the state of having simultaneous marriages. It means you have more than one spouse. Some religious affiliations practice polygamy. A typical polygamous marriage would consist of one man and several women as his spouses. Though some countries may be lax or may permit polygamous marriages, the United States treats these marriages differently. Polygamy and the United States If your religion practices polygamy, you might want to reconsider going about a polygamous marriage in the US. To this day, the US views all polygamous relationships, or marriages, as illegal. Regardless of your reasons for practicing polygamy, the United States chooses to consider these kinds of marriages as illegal. There may be several reasons why the US considers polygamous marriages illegal. Most of which are moral dilemmas that the government sees in a polygamous relationship.  They also go after polygamy because there are other crimes involved in those types of marriages. Some of the crimes that take place in a polygamous marriage would include statutory rape, child abuse, and incest. These are what states go after when going after a polygamous marriage. What About Texas? All states in the United States consider polygamy to be illegal. Texas is, of course, included. What does that mean for those people in Texas who are polygamous? You can get arrested if you are found to be practicing polygamy. Even for religious reasons. Texas has had a history of going after polygamous marriages. This is especially for those taking place in religious sects. To this day, Texas still enforces those laws. There really isn’t much you can do to avoid getting in trouble. If you’re currently practicing it in the United States, it is best to consult a lawyer. As much as it seems like a violation of your religious freedom, the country still […]

Polygamous Marriages in Texas


alcohol abuse divorce
There are many factors that would cover a valid excuse to enter into a divorce. One of the most common issues is alcoholism. In any relationship, even if it is not romantic, when alcohol abuse comes into play, it will really lead to many other detrimental concerns. Alcoholism: A common cause for Divorce Many of the lawyers specializing in Divorce acknowledge that when one of the spouses have the tendency to succumb into alcohol addiction, the other spouse is the one who seeks help to end the marriage. This is mostly done because the other spouse is also after the protection of his or her life, and the lives of the children involved in the family. When a family gets into this kind of issue, there are several notable instances that the abusive spouse might get violent in the process. It is most important to always be cautious of the environment, and to get a good lawyer who is experienced so that the lives of the other members of the family are protected as much as possible. When substance or alcohol abuse is involved in the case, the court delves deeper into the details into the whole issue and makes a constant effort to arrive at the best resolution. No-Fault Divorce in Texas In the state of Texas, the law acknowledges no-fault divorce. This means that a couple can file a divorce even without any fault from any of the spouses. But even though this is strongly supported by the court, it is also highly recommended by lawyers that the spouse who was a victim of the abuser should file the divorce on the count of physical abuse, emotional abuse, or cruelty. These may also be considered as valid grounds especially when the spouse is an alcohol abuser. Custody of the […]

My Spouse is an Alcoholic, What Now?