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 !

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 !

happy marriage
Every couple who enters into marriage have the intention for it to last forever. However, the vows of staying together in sickness and in health, for richer or poorer is much easier said than done. The challenge of two different people in a lifetime commitment may seem overwhelming. Despite the reported increase of divorce cases in the country, a successful marriage is not impossible. There are many couples who have truly embodied the “’til death do us part” vow, and they share some of their secrets. Recognize Each Other’s Differences It is often said that Opposites Attract, and it is likely that the quality a person finds attractive is one that he/she does not possess. A shy person may be drawn to someone outspoken, or a person who is always organized may appreciate a partner’s spontaneity. These relationships will be exciting, but when they live and make decisions together, a common complaint that arises is “Why can’t you be more like me?” The first secret to a lasting marriage is to always remember that they remain two unique individuals who simply chose to share their lives together. The goal is to appreciate each other’s differences, not to change the other and make them the same. Understand that Men and Women Have Different Needs Even with the increasing ambiguity of gender roles, the fundamental needs of men and women are still different: women need love and men need respect. It is sometimes difficult to distinguish between the two so we need to define further.  Women need to feel secure and assured that they are the priority in a man’s life. Men need to know that their wives will always support them in his ventures, whether they end in victory and defeat. In most successful marriages, even in modern set-ups where both […]

The Secrets to a Lasting Marriage   Recently updated !

communicate with ex
Life may not turn out how we want it to be. It’s not even covered with the glitters, sparkles, and unicorn riding in rainbows. Frequently, it is brutal and unforgiving. The same goes for marriage. It can start from the most romantic story from a well-written fictional book, but it may end with two broken hearts, two broken persons and God forbid, children that will forever be affected with the life-altering decision to split. But, if the latter took place and you are now on your separate ways, living life without the pain of yesterday, how can you possibly even talk to each other? In this article, we’ll be presenting you the 3R’s of healthy and civil communication with your ex-spouse. You need to take note of the following tips, and no misunderstandings shall occur.   Reconcile differences and respect it This is not an easy step towards progress, but this is the most crucial one. There’s nothing more devastating than looking or being reminded of how your love story ended in a whirlwind of lies, heartbreaks, and tears. The key to making communication successful with an ex-spouse is to accept whatever differences you both have and do not let your emotions interfere or add meaning to it. It’ll only complicate the situation. Respect the relationship even if you have negative feelings towards the other person This may be tough but keep in mind that for some degree and time in your life, you only had each other to hold on. In cases that you want to talk about your kids or legal things that you need to decide accordingly, always speak to that person in a professional matter. No name-calling, no strings, and emotions attached. For example, instead of calling him a douchebag, write a correspondence that addresses him […]

How to Communicate With Your Ex During the Divorce   Recently updated !

Frequently Asked Questions About Void Marriage in Texas
Void marriage in Texas is one of the topics we get asked about pretty often. If you have questions about void marriage in Texas, you can check out the ones we listed below for more information. We hope that this will help you have a better understanding of how and when a marriage is considered void in the state of Texas. Of course, there could be different circumstances surrounding your case which could have a huge impact on your case. Keep in mind that the questions and answers we included on this page are general ones, and you should talk to an attorney to get more specific information about your case.   What is considered a void marriage?   A void marriage in Texas is a marriage that is considered unlawful and invalid in the state. It is considered invalid from the onset of the marriage.   How is Void Marriage different from a voidable marriage?   Void marriage in Texas is something that never existed in the first place. A voidable marriage, on the other hand, is something that exists until the court annuls it.   What is the difference between a void marriage and a divorce?   A divorce is a lawsuit you file to end a marriage that is valid. A void marriage is a suit you file to get the court to consider your marriage as invalid from the beginning. Even without a court decision, a void marriage is not considered legal.   How can a marriage be declared as Void Marriage in Texas?   There is a legal procedure, referred to as a suit to declare marriage void that can be used to determine if a marriage is void from the very beginning. There are certain factors that the court will consider to determine if […]

Frequently Asked Questions About Void Marriages in Texas

Now that it is almost Valentines Day, let’s talk about relationships more. I’ve already posted on Infidelity, but, let’s delve deeper and talk about how exactly to deal after finding out, after it has been going on for quite a while and you’ve known for that long as well. Whether you are a long-time couple or already married, it is infidelity that worries most people. It is cheating that we fear most in our relationships. It is when you lose trust to your partner and lose confidence within yourself. The result of your partner cheating on you leaves you feel insecure. It breaks every foundation of marriage. Here are some situations that may help you decide and go through the pain that infidelity has caused you. What should I do when I discover my spouse cheating on me? Strong emotions results to bad decisions. Always remember that immediately deciding on your relationship might get you regretting in the near future. At least, let all emotions pass before giving verdict to your cheating partner. As painful as it maybe, not thinking twice will make things worse. However, don’t keep all negative emotions just within you. Let it out. Spending a day or two alone can help you think and clear your mind. You can spit everything out and this can make your baggage lighter.  What to do if you still want to save your marriage? The most important thing that keeps a relationship going, other than love perhaps, is trust. You cannot always worry and, from time to time, sneak onto your partner’s things or phone just to make sure he or she is not doing it again. If you have chosen to stay in your relationship after infidelity, you also need to do some adjustments. Yes, it is your partner’s […]

How to Deal with your Relationship After an Affair   Recently updated !

Spying on spouse
No matter how you put it, a divorce is not going to be easy, nor will it be anywhere near fun. Imagine, all the hard work and effort you exerted into your marriage just down the drain? That would just seem like a waste. There are countless possible causes to why a marriage comes to a divorce. Especially if it was caused by cheating, money gambling, spending problems, substance addiction, abuse, etc. However, even despite all the suspicions that may arise during this rocky times, you should never ever attempt to spy on your spouse, because whatever you do might be used against you when your divorce is up on the court facing trial. Spousal Spying is Wrong Texas Law counts spousal spying as an illegal act that may result in charges banking on invasion of privacy. Even if some of these look harmless, they can be counted as privacy invasion and may be used against you by not being accepted into court because it was wrongly acquired. Below is a list of what constitutes as spying: Monitoring your social media accounts Hiring a private investigator to follow you Tracking your vehicle through GPS Watching you via video surveillance Checking your calls, messages, and mail without permission Recording your calls via bugging your device Looking at and counterchecking your phone bill Unusually following you around Spying on Spouses is becoming a Trend A trend here does not mean that it’s being done by everyone, but it almost has. Since technology and mass media is at everyone’s fingers, almost nothing is impossible today. Keeping track of someone’s whereabouts might not be alarming, but for it to be used against you would rather be unusual and bordering on stalker-like tendencies, even if that was not supposed to be the case.  Suspecting that […]

Don’t Succumb to Spousal Spying   Recently updated !

While many Americans are in disbelief with how US President, Donald Trump, is handling things, a group of women and men who has each divorced a narcissist, and some who are sharing child custody with one, are not that shocked anymore. They know the kind of person Donald Trump is, because they were once married to one. The successful, charismatic person who impressed them with promises enough to be swept off their feet. Slowly, they have realized that it was all part of the act. For narcissists like Donald Trump, there is no possibility of a “we” because they only care about themselves. The true battle is removing this toxic person from their lives and some of them still have to go through the difficulty co-parenting with an ex-spouse who thinks and acts like The Donald. These type of divorce cases are the most difficult to handle. In family law, we refer to the person with a narcissistic personality disorder as an “NPD”. The legal battle follow all similar scenarios which involves the abused spouse explaining to the lawyers, judge and if there is one, a psychological expert, the NPD’s behavioral pattern which includes emotional abuse, control, duplicity, manipulation, and the damaging effect on the children. The NPD will then deny all of the accusations. His legal response would consist factual distortions, blame laying, deliberate lies and character assassination of the other spouse. The experts and the judge are sometimes successful in weeding through the chaotic situation and identify the personality disorder present which allows them to make decisions protecting the children and the other spouse. However, oftentimes, the legal system gets it wrong. The court assumes the blame is equally attributable to both parties for the creation and maintenance of a high conflict case. This results to the innocent […]

When Your Ex-Spouse is Like the “Donald”   Recently updated !