General Information


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 !


illegitimate child
Single parenthood, in recent years, has been increasing dramatically. Every year, there are more than a million children who were born to unmarried parents. This is becoming an issue when talking about a child’s mental and emotional development. Especially in cases involving the child’s legal rights and legitimacy, proving the paternity has been very crucial. If the child’s parents cannot establish paternity, their child will grow up not having a legitimate father. This will, later on, raise concerns of discrimination between non-marital children and those children who were born to married parents particularly in the issue of inheritance. The Texas Family Code enumerated the instances where paternity is already presumed. When the child was born during the marriage, paternity has already been established between the father and child. All the conditions stated provide that the parents should be or has been married. One should go through a legal proceeding in order to establish the paternity of the alleged father of a child born out of wedlock. How to Prove Paternity The most common way to test paternity is through DNA testing. This is done by obtaining a tissue or blood sample from the child and from the alleged biological father. Physical characteristics say a lot in identifying that a man could be the father of a child. However, DNA testing is the most plausible method in establishing paternity. Although it may be costly, the results would be reliable. The court acknowledges this as solid evidence. Producing legal documents can also help to prove paternity. An example is a birth certificate which provides the name of the man who is allegedly the father. Another possibility that could be used as proof is to show that the alleged father claims the child as his dependent. This is usually proven in payment of […]

Establishing the Paternity of a Deceased Father   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



emotional blackmail
While the title says, “him”, this doesn’t mean that women do not threaten suicide as well. This is for anyone who’s been blackmailed with suicide. But for discussion purposes, let’s assume that the husband blackmailing his wife that he will commit suicide. When people speak of abuse, the first idea is about physical abuse. Scars or bruises are the telltale signs that there is a case of abuse between the married couple. In the absence of these signs, the common reaction is that any claim of abuse is merely exaggerated.  However, there are many manifestations of an abusive spouse, and it is not limited to the physical. There is also psychological, emotional, sexual or financial abuse, and it can be evidenced in many forms.  Coercion and blackmail are the more obvious forms of abuse. When one spouse is forced to do something against his or her own volition, it qualifies as abuse.   Emotional Blackmail When a husband uses emotional connections to force his wife to do his bidding, it’s emotional blackmail. These days, most wives are aware of the proper reaction when their husband makes threats of physical harm. But what if the husband threatens to harm himself instead? The husband has the tables turned, and somehow makes the wife responsible for his well-being. This is a clear form of manipulation. It may seem like the wife is trapped in a hole. It’s like she is left with no choice. The husband can use this repeatedly and make the wife a virtual prisoner.  How to React The key to avoiding the trap is to take the threat seriously, but not to show signs of panic. The threat is definitely a cry of desperation. It is encouraged that the wife gives the husband some form of reassurance. However, she must […]

My Spouse Threatens Suicide If I Leave Him


Gavel 1
The decision A divorce isn’t a process that a lot of people know much about before they begin and there tend to be a lot of questions.  The first step of a divorce is to file for divorce, or rather to petition the court for a divorce.  I will go into that briefly before answering one of the biggest questions, where do I file for divorce?  You  can  find more information about it elsewhere  on our blog as well. Filing For Divorce Filing for divorce is the process during which you submit paperwork to the court stating that you are seeking a divorce.  This is called the Original Petition For Divorce.  Essentially this states the reasons for which you are filing for divorce and what you are asking the court to do.  Texas offers several different types of divorce and you can read about those on our blog. At this stage, you can also request a temporary hearing to determine various issues that need to be decided while the divorce is pending as well as a temporary restraining order in regards to the parties behavior during the case. Many counties include a number of these temporary injunctions as part of a “standing order” that governs the behavior of parties during the litigation, but other more specific orders can be added. Residency Requirements Like with many states, Texas has a requirement for residency in order to file for divorce here.  At least one party must have resided in Texas for at least 6 months before filing and in the county you intend on filing the divorce for at least 90 days.  This is a issue involving jurisdiction over the parties, and if its not met, the court would not have authority to proceed.   Process Serving Its not enough to simply […]

Where do You File for Divorce and What to Do after Filing



estate administration
The State of Texas has laws and guidelines implemented to ensure that estate administration is orderly and fair for all parties. They also address the key questions regarding the management and the beneficiaries of the decedent’s property and assets.  Who can assume the role of the administrator? The decedent nominates the administrator or executor. The probate court will then officially appoint him/her. He/she also has the consensus of the heirs. In case the decedent did not have a will or has not nominated an administrator and or was not able to prepare a will, the court will assign one of the primary heirs to assume the duties of the executor. It is also possible for one of the heirs to volunteer to be an administrator. He/she has to file a petition to the probate court and undergo the selection process.  It is not necessary for the administrator to be a lawyer, but there are some restrictions. A person cannot be an estate administrator if: Physically incapacitated Not a resident of Texas Conviction of a felony The court has found him/her unsuitable What are the primary tasks of an administrator? The administrator should take control of the decedent’s property and assets. The remaining cash is deposited in a separate account. He/she will also settle any estate debts and taxes (realty, property, etc) related to the property.  There are instances where a decedent’s property is exempt from the creditors based on the Texas Estate Code. The administrator should determine and also secure any property or assets applicable to this.  The remaining assets or properties are distributed to the heirs. This is based on the deceased’s will or as determined by the court. In some cases, the administrator will also manage the provision of a family allowance to the spouse and children of […]

Texas Guidelines on Estate Administration


broken
Co-parenting hacks are definitely needed when you deal with your child after your divorce. We all know that the strongest impact and blows from the divorce end up on the children. The divorce will completely change your child’s life and their views of the world. It will also change the way they spend time and interact with you and your spouse. You might get so focused on dealing with the divorce yourself that you might lose sight of how it affects your children. Even from the onset of the divorce, there are many issues that will lead you to fight against your spouse, and in the midst of that are your children. During the divorce, you and your spouse would argue about issues such as who gets primary conservatorship and how much child support must be paid. However, more than anything, you should be concerned about the psychological and emotional status of your children. Their ability to trust must be impaired because of the divorce, and it’s up to you to build it up again. Of course, there are also situations where children are actually relieved that their parents are getting a divorce. Your relationship with your spouse may have made the home environment uncomfortable and suffocating for the children that they would actually want the marriage to be over. Regardless of what your situation may be, there’s likely a relationship with at least one of your children that you’d have to rebuild. The best medium to fix any broken relationship or iron out a strained one is through co-parenting. In order to do it right, you might need a couple of co-parenting hacks. What is Co-Parenting? Where divorce is, co-parenting is also usually present. It may be commonly utilized by people around you during the divorce but nobody is […]

Co-parenting Hacks For Your Post-Divorce Life