Marriage

10 posts

arguments and marriage

Are Your Arguments Leading to a Divorce?

If your marriage is on the rocks, it’s possible that you have already considered getting a divorce at least once. In thinking about a divorce, you must have several reasons why you’re even considering it. It’s likely that there’s either you have arguments regarding trust or infidelity or money issues that would push you over the brink. If you are in the middle of such issues, it might be difficult for you and your spouse to consider any other option to save your marriage. Things might get too tough that the only thing you can think about is getting a divorce. In marriage, it is almost impossible for the couple to not ever fight. Family lawyers generally see more of these fights than any other professionals. We see married couples fighting about all sorts of things, some of which eventually lead to an unfortunate breakup that tears a once-happy family apart. Often these fights range from one spouse accusing the other of infidelity and other fights are more about the finances and some fights are even about trivial stuff like who should do the dishes. What kind of fights should you look out for if you’re looking for signs of […]

post-nuptial agreement

What a Post-Nuptial Agreement Can Do For Your Family

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 […]

how to establish paternity in Texas

How To Establish Paternity in Texas

When a married couple has a child, even without properly establishing paternity, people will automatically assume that the husband is the father. In order for that thought to be legally changed at court, ample evidence is necessary. It’s different when an unmarried couple has a child, it is often necessary for one parent to establish the identity of the father of the child. This is very important because this is the fact that the child will have to grow up with. This also matters because the child will need support from the father, such as financial support. Usually, despite being unmarried, the father would assume that his rights to the child are guaranteed even at the face of separation from the child’s mother. Acknowledging Paternity Usually, the acknowledgment of paternity is done at the hospital, after the child’s birth. There is an Acknowledgement of Paternity document that both parents can sign before it is submitted to the government office. When the father signs the documents, all doubts about paternity is put to rest, and the father’s name is added to the birth certificate, usually. If the couple is not married, the father is informed of the rights and duties of […]

Preparing for a Divorce in Texas

Being in the position of having a potential divorce is often one of the worst times in a person’s life.  Should you think you have reached that point in your life where your marriage is past any point of being repaired and you think a divorce might be necessary, there are some steps you should take to prepare yourself for a divorce. Step 1. Find A Divorce Attorney Unless you have been through a divorce before, you probably do not have a divorce attorney.  You should start looking for one right away and consult with them on the process of a divorce.  This will include inquiring about your rights and responsibilities in regards to custody and property. Step 2. Prepare A Property Inventory Go through everything you and your partner own.  That means finding major items throughout the house and inventorying them.  From furniture to art and automobiles you should make sure to get everything of value.  This also includes things that might not be at home such as those in safe deposit boxes and storage facilities. Knowing all you can about the property owned between you can be key in a divorce case. Step 3. Get Copies Of Everything […]

A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]

No fault divorce courtroom

No-Fault Divorces In Texas May Become Harder After New Bill

In Texas, a no-fault divorce is the default mechanism to request a divorce.  Officially by Texas law, a no-fault divorce is when there are conflicts between two parties that could not reasonably be overcome.  In reality, it is simply the type of divorce two people seek when they are looking to get out of a marriage, and serves as a mechanism to ending a marriage with the least amount of drama. It also provides an avenue for victims of abuse to leave a marriage without a burden of proving anything beyond that the marriage itself is unsustainable. State Representative Matt Krause is attempting to pass two bills in 2017.  The first bill increases the amount of time that two people must wait before a divorce is finalized.  This is in an attempt to get a couple to work out of their problems, instead of a divorce. The second bill that Rep. Matt Krause is putting forward will make it hard for all people to get a divorce.  This bill would make divorce only possible for criminal reasons such as abuse and adultery.  While Mr. Krause states he isn’t trying to deter people from getting divorces, he also says he hopes […]

Divorce and Separation

Mediation: An Ease to The Destructive Nature of Divorce

For those who are married, the perfect world would be to not get divorced.  And should you have to get divorced, that it would be a quick, easy, and pain-free process.  The reality of that is not true.  District Court Judge John Roach and Attorney Laura Roach (husband and wife team) have seen too many people get hurt through divorces, especially ones that go to court. As a solution, the two have taken on a personal mission to make the process easier for couples who are going through a divorce.  They want divorce to become an amicable process and to save marriages where they can be brought back to life. The husband and wife duo believe that the key to a good divorce is through mediation.  John uses his experience in the 296th Judicial District Court while Laura uses her time as a partner at the firm Albin Roach PLLC to work people through the process of mediation. Years have gone by and divorce cases always felt the same to the couple.  The clients would go to court and they would be fearing the worst.  Heartbreak, despair, and the fear of losing your life’s progress all weigh on a client.  […]

Divorce Rate Plunges to New 35 Year Low

US Divorce Rate Continues to Decline In a bit of positive news, the US divorce rate has continued its steady decline over the past few years to reach a new 35 year low. Its easy to jump to conclusions in regards to this data, as there are many different contributing factors, but it is an extremely interesting data point regardless. From my own experience, lack of financial resources to even contemplate the possibility of divorce tends to be a large factor in making that leap, and I am not sure that the decline in divorces really speaks to much more than the fact that many people simply don’t have the financial resources to contemplate and go through with a divorce process right now. Especially coupled with the rapidly declining marriage rate, more people than ever seem to be making the determination that marriage is not a necessary institution, even from the perspective of raising children. I may have a somewhat biased viewpoint in this, but I deal with a large number of couples and parents on a daily basis, and the skillsets to be a good parent, and a good co-parent, are not necessarily the same skillsets to make a good […]

Divorce Prevention: Premarital Education Course

Divorce Prevention: Premarital Education Course

Divorce can be a very painful and expensive process for everyone involved, and often the best solutions come before the time that people are looking for divorce lawyers, and in fact, often before the marriage itself. Everyone knows the statistics in regards to divorce, but always seem to think that it is something that only happens to other people, not themselves. The reality is that divorce is much more pervasive than people expect, and it is important to lay the proper foundation in your relationship to make sure that divorce is never on the table. Before you and your partner say “I do,” the State of Texas encourages couples to attend a free premarital education course. One of the benefits of attending a premarital education course is that the 72-hour waiting period that is typically mandatory between the marriage ceremony and the actually issuing of the marriage license is waived.  Additionally, couples who take the premarital counseling course receive the additional benefit of having a portion of their the marriage license fee waived.  Communication skills, conflict management, and the key components of a successful marriage are all common topics facing new couples, and not so coincidentally are also common topics […]

Gay Marriage

First Gay Marriage License Issued in Travis County

Two days ago, Travis County Probate Judge Guy Herman ruled the state’s ban on same-sex marriage as unconstitutional as part of an estate dispute. Because the state does not recognize same-sex marriages, the marriage of Stella Powell and Sonemaly Phrasavath was not recognized and her estate passed to her siblings instead of her wife of 8 years.   Today, the first same-sex marriage license was issued this morning to 31-year couple, Sarah Goodfriend and Suzanne Bryant who were then married in a ceremony outside of the Clerk’s office.   Judge David Wahlberg of the 167th District court issued an order to County Clerk Dana DeBeauvoir ordering her to, “cease and desist relying on the unconstitutional Texas prohibitions against same-sex marriage as a basis for not issuing a marriage license specifically to Plaintiffs Sarah Goodfriend and Suzanne Bryant.” The ruling was made based on medical issues, as Sarah Goodfriend suffers from ovarian cancer.   Because the County Clerk is complying with the specific court order, same-sex marriage licenses are not being generally issued in Travis County.   Going forward, it will be interesting to see how the legality of same-sex marriage unfolds here in Texas.   Source: http://www.statesman.com/news/news/breaking-news/travis-county-clerk-issues-first-same-sex-marriage/nkD63/