General Information

uncontested divorce
Divorce is often portrayed in movies as something quite arduous and always has the courts involved, but the reality of it all is that there are options to avoid such painful experiences. While that is true, it does not mean that divorce is without pain, however, it is always good to know that there is something known as an uncontested divorce in Texas. What is an uncontested divorce, you may ask? Just like it sounds, an uncontested divorce means that you and your partner have agreed to the terms of your divorce and don’t need to get the courts involved. As you can tell, there are a lot of positive things that can come with an uncontested divorce and one of the biggest bonuses is that it is much cheaper than a contested divorce. Aside from that, the whole amicable breakup is always a better way to end relationships and it can really help reduce the stress of an already difficult situation. To qualify for an uncontested divorce, it really is quite simple, just make sure you have these following points ticked off: 1) You and your soon to be ex-spouse agree on the divorce terms – Before anything else, you need to make sure that the terms are agreeable to both you and your partner, if this isn’t something that can be confirmed, then you may need mediation or someone to flesh it out, unless it’s a major disagreement then there is still no need to involve the courts. 2) One of the two must have lived in Texas for a minimum of 6 months – Either you or your partner must have lived in Texas for the minimum amount if you plan to file an uncontested divorce in the state of Texas. 3) One of the two must […]

How to Get an Uncontested Divorce in Texas   Recently updated !

Adult Adoption in Texas
When hearing the word “adoption”, child adoption comes to mind by default rather than adult adoption. The latter goes through a much easier process than the former because not a lot of other individuals’ consent are needed for adoption to be successful. In Texas, a number of reasons why an adoption of an adult takes place. These are the most common reasons among others:  Adult-adoptee is in need of a custody or guardian The adopting parent has been treating the child as his or her own until it reached adulthood The adopting parent wants the adult-adoptee to inherit from him or her The adopting parent is well-bonded with a stepchild who is an adult There are a lot of advantages to adopting an adult. However, not many people in Texas are aware of the adult adoption process.  What the Law Requires Texas law requires that a petition with the appropriate court must be filed by the adoptive parent. The place where the adoptive parent lives or resides should be the place where the petition should be filed. If the adoptive parent who files the petition to adopt is married, the spouse must also be a party in the petition for adoption. The adult-adoptee must provide his or her consent to be adopted by the petitioner and the latter must have a written proof of this. Unlike in child adoption, it is not required to notify the parents or family of the adult-adoptee about the adoption. Only the consent of the adult-adoptee matter. After all the requirements have been met, a court hearing shall be set. The court might waive court attendance if good cause can be shown. When Adoption Will Not Be Permitted Adult adoption, like child adoption, can be denied for a number of reasons. One of the main […]

How to Adopt an Adult in Texas   Recently updated !

Parents have the responsibility to support their children while growing up. In states like Texas, it is the duty of parents to provide the basic needs, shelter, education, and other kinds of support to their children up until the age of eighteen. Our laws also give restrictions to children and turn into parents for consent when entering certain obligations. What is Emancipation? Emancipation is commonly associated with minors who want to have the legal capacity of an adult. The parents of said minors give up their control over them. Minors, in accordance with law, are those below the age of eighteen years. Children can already leave their parents’ house by the time they have reached this age. Through the process of emancipation, however, minors with ages at least sixteen or seventeen years may acquire rights as that of an adult. Nature of Emancipation in Texas The Texas family court decides on cases of emancipation. The minor is the one who files the petition to the court for the removal of disabilities of minority. This means that all restrictions that limit the capacity of the minor to enter into agreements, contracts, or other decisions which require the discretion of an adult are being removed. Obligations which require contracts such as buying a car or house, renting an apartment, and credit transactions can already be obtained by an emancipated minor. In addition, they may have the right to decide things pertaining to medical treatment, education, litigation, management of their own income and properties without consent of a guardian. They have access to certain privileges but also become responsible of their actions and decisions. It will not be necessary for parents to provide for their emancipated children. In a sense, the parent-child legal relationship is terminated.  Requirements of Emancipation In order for a […]

Emancipation in Texas   Recently updated !

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 !

CPS lawyer
Child Protective Services (CPS) is under Texas’ Department of Family and Protective Services.  This department’s role is to look after the welfare of children in the state of Texas and also provide them with the protection children need.  When dealing with a case with the CPS department, having a lawyer to help with the proceedings would be of great help as your lawyer will be the one to guide you and help you in dealing with whatever case you may have with the CPS. What Your CPS Lawyer Does for You One of the first things your CPS lawyer should be doing is meeting with you.  Meeting with your lawyer and providing all the pertinent information of your case will be of great help to your lawyer as this will allow them to be able to choose a course of action to help you out with your case.  Your lawyer will be doing things such as talking to the social worker who oversaw your case, talking to those who know about the things involved in your case, as well as looking at any of the court documents regarding your case.  Of course, your CPS lawyer will also hear what you need to tell them regarding your case so that they can also understand your side.  Your lawyer is there to represent you and represent you in the best way possible in court.  Whatever it is that you want the court to know about you or what you want them to see, your CPS lawyer will do their best to show just that. Your lawyer is there to assist you with the proceedings of your case as well as how you intend to go about it.  Your lawyer is knowledgeable on how case proceedings usually go and will help you figure […]

The Importance of your Lawyer in a CPS Case   Recently updated !

It’s no surprise that more often than not, bedroom action starts losing its fire when the relationship reaches a certain stage, especially if you consider the stress that come with a marriage, such as children, expenses, health, or career. This, however, is something you can actually avoid when put into paper. The introduction of the “lifestyle” clause in prenuptial agreements might sound new to us, but it actually has been around for a really long time. This is done to ensure that at no matter what costs, sex is never not an option, along with other things like what to do with infidelity or how and when you need a mandatory vacation. Of course, this decision would come with a price, and it has to be agreed upon by both parties before anything. If this still sounds quite unusual to you, you could take a look at how sex contracts were done in the past. Mecca and Katb el-Kitab An integral part of an Islamic marriage is a marriage contract, or the Katb el-Kitab, which is basically a prenup that contains the responsibilities the husband and wife should adhere to. Prophet Muhammad’s great-granddaughter, Sakina Bint al-Hussein, was one of the very first people to put sexual restrictions into writing, which in this case was absolute monogamy. She forbid her husband to disagree with her on anything or to approach other women, and when he did, she brought him to court to settle the matter.  Ancient Mesopotamia and the dowry The tradition of paying dowry – a sum of money or property brought by a bride to her husband – during an arranged marriage dates back to ancient Mesopotamia. Their law regards marriages without a signed contract represented by their families to be invalid. In this contract, obligations to be fulfilled […]

Sex Contracts Through the Years   Recently updated !

dispute resolution
A lawsuit can be lengthy and stressful for both parties involved in a dispute. It can also be very expensive and in many cases, it is a no-win situation. Recognizing this reality, the state of Texas has legislated Alternative Dispute Resolutions. Alternative Dispute Resolutions will give two parties a venue to settle their dispute without the hassle and cost of full litigation. The basis for Alternative Dispute Resolution is the Texas Alternative Dispute Resolution Act of 1987. This act has made it public policy to pursue settlement before going to trial. There are different methods of resolve disputes under the law, as practiced in the district of Southern Texas: Early Neutral Evaluation Early Neutral Evaluation involves a private meeting of both parties and their attorneys along with a neutral third party.  The attorneys present their positions in the case and the third party gives a non-binding assessment with regards to the merits of both sides. In most of these meetings, the evaluator is usually in an attorney with expertise in the issue of dispute. The key here is that his evaluation is not binding, and oftentimes, he can also provide advice to both sides on how to proceed with their respective positions. In most early neutral evaluations, a settlement is not reached. Mediation Mediation is an informal, confidential session between both parties. This can be held prior or during the litigation proceeding. There will be a third party mediator agreed upon by both sides. Similar to the evaluator, the mediator can also point out the strengths and weaknesses of both parties. This can be done in front of both parties or even individually. As opposed to early neutral evaluation, the mediator will clearly seek to reach a settlement. Mini-Trial A mini-trial is court-based, and this time, the third party consists […]

Alternative Dispute Resolution in Texas