General Information

cost cutting
Divorces can not only become an emotional burden, but they can become a financial burden as well. There’s a lot of things that you have to spend when getting a divorce. You will need to pay for certain documents and filing, as well as court fees and lawyer’s fees. There will also be other expenses along the way. But does this mean you can’t cut find a way to spend less on a divorce? Or can you still get a divorce while still saving some money? Lawyer’s Fees and Other Fees One big source of expenses when you get a divorce would be the fees you pay for your lawyer. And while some fees, like those concerned with filing or getting certain documents, are unavoidable and non-negotiable, you can actually find ways to spend less on a lawyer when getting a divorce. Another source of expenses for your divorce would be the court fees that will be charged to you, should you choose to take things to court. So, it’s only natural that if you take your divorce to court, you will have to pay more money. Getting a Lawyer or Not Lawyers may not be entirely necessary when getting a divorce. And while you might still need help sorting out some technicalities with regard to your divorce, you don’t necessarily have to get a lawyer to help you. Of course, hiring a lawyer will make it easier for you. You can even choose to negotiate the divorce with your spouse and just have someone mediate it. This way, you might not even have to take the divorce to court. This will save you on any additional court fees. Sort Out Your Own Paperwork Should you decide you need a lawyer, one thing you can do to minimize any fees […]

Cutting Down on Divorce Expenses   Recently updated !

divorce change
Getting a divorce can be a very troublesome process. This is especially if both parties aren’t exactly amenable to what goes on as it is being processed. Some are able to sort out all the matters of their divorce smoothly, but other people can not. For Divorces that haven’t been Finalized If your spouse files a divorce against you, you will receive a copy of the petition and notice. You have 20 days to respond to it. Should you be unable to respond, the divorce will continue without you, but it will end with a default judgment. After the divorce hearing, the judge will then sign the decree thirty days after. It is within the thirty days after the hearing that you can contest the default decision and make any changes. If you responded to the notice and go about the divorce process, negotiations and all, and then realize at some point before the divorce is to be finalized that you aren’t happy with something you previously agreed upon, you can also still change it. After the agreements have been settled, there is a sixty-day period before the judge signs your divorce decree, and it is within this time that you can still make some changes. Of course, you can only make changes to anything that you both agreed on isn’t irrevocable. Finalized Divorces If your divorce decree has been finalized and signed, you may still be able to change it. This is by requesting a new trial to have the decree changed. If a certain detail or a law was overlooked during the divorce or if you believe that there is new information or evidence that should be looked at, you can request for a new trial for as long as you do it within 20 days after the […]

Can You Appeal Your Divorce?   Recently updated !

divorce counseling
Divorces can be very tough for some people. Aside from it being a very emotionally stressful time, making decisions can be very tough. While some people can go through these difficulties on their own, other people may need some help handling stress. Aside from family and friends, there are other sources of support one can get during or after divorce. Counseling Whether you’re a couple that’s considering getting a divorce or someone that has gotten a divorce, there will be challenges. Many stresses and pressures are bound to happen during and after the divorce process. For those people that might need some extra help sorting these things out, counseling is an option. It’s alright to seek help from someone you aren’t personally connected to. In fact, they can give you a different perspective you might need. They are also likely to give more unbiased advice. Seeking help from a counselor allows you to connect with someone knowledgeable about these kinds of problems. And with their expertise, you’ll definitely be able to at least feel better and have a different mindset when faced with these problems. Finding a Counselor In states like Texas, a judge can require you to seek marriage counseling if you are planning on getting a divorce. By doing so, you can at least hash out your problems with your spouse and try to arrive at a solution that might not even end up in divorce. This can at least help make your relationship work and save you the trouble of a divorce. But if you do end up getting a divorce and need more than just the help of your family and friends, you can also find a counselor near you through the internet or with the help of your local social services. You can always consult […]

Finding a Counselor During or After Divorce   Recently updated !

amicus attorney
When you end up going through a divorce, there are a number of things that you have to look after and sort out. The most common thing that both parties sort out would be how they’ll be dividing the property that they shared during their marriage. Of course, that changes when there happens to be a child involved in the divorce. If a child happens to be involved, then the court also has to help settle things such as custody of the child as well as child support among other things. In Texas divorce cases that involve children, an amicus attorney is assigned to help sort out these matters regarding the child. Amicus Attorney? An amicus attorney is an attorney that is specially assigned by the divorce court to help settle any issues that involve the child during a divorce. In a way, you can think of them as the child’s representative in their parents’ divorce case. Though the amicus attorney technically does not have a client, they keep the child’s best interests in mind and help make sure that whatever the settlement, the child will get the best they can out of it. What They Do The amicus attorney makes sure that the child’s best interests are kept in mind throughout the divorce process. This to ensure that the settlement between their parents is also one that is favorable for them. To be able to do this, the attorney will have to get to know the child and their situation better. This means that the attorney will be interviewing the child, their parents, and any other individuals that might help shed more light on the child’s situation. The attorney may even go so far as to see what life at home is like for both parents. The attorney also […]

What is An Amicus Attorney in a Texas Divorce Case   Recently updated !

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

snooping around
While most think that being married means being one with your spouse, it doesn’t mean that you shed your individuality. Yes, you will share many things with your spouse, but no, you do not become one. Each of you has rights and you can even invoke this against the other. Setting boundaries is not meant to put a wall between you and your spouse, it is a healthy mechanism to preserve your individual rights – and sanity! Trust and respect are the foundations of a good and lasting marital relationship. If you trust your spouse, you should respect his or her rights. And even if you don’t want to, you still have to. After all, it’s what the law mandates. The Texas Constitution recognizes and protects personal privacy from intrusion that is unreasonable. Texas protects individuals against numerous forms of invasion of privacy. This includes public disclosure of private facts, among others. You cannot invade the privacy of your spouse A person cannot intentionally intrude upon another’s seclusion, solitude, or private affairs through physically invading their property or by eavesdropping on a private conversation via microphones, wiretaps, or spying – even when married to each other. Also, snooping around is a big no-no. Snooping around between spouses has been increasing as the technology for modern surveillance becomes more accessible and affordable. Marriage does not remove an individual’s right to privacy A case in Texas ruled by the state’s Court of Appeals stated that there is nothing in Texas law that suggests that the right of privacy is only applicable to people who are unmarried. The actions of a spouse in recording the other spouse who the former believes is in complete privacy, could be considered as an invasion of privacy. This violation is considered a tort that could entitle the […]

Right to Privacy Between Spouses

child's last name
The obvious answer to the title of this article is yes! Your child is not required to take the last name of your former spouse. As you know, you are also not required to still use it after the divorce. This still needs to go through the proper court process. And of course, the child’s best interest is still the standard to be followed when the court makes its decision.  If you wish to change the names of your children, it is an easier process if the other parent consents. If the other parent disagrees, keep reading this article to know how to change your child’s name after divorce. Changing Your Child’s Name After Divorce Normally, if the father actively does his parental duties after divorce, courts rule that their right to have his children to use his surname is an automatic right. Although there is an evident partiality in this rule, however, this is no longer the case. This is because the standard to follow is the best interest of the child. The last name of the child is changed through a court petition. This petition is filed by the parent of the child, legal guardian or managing conservator. It is filed at the office of the district clerk in the county where the child resides. The filing fee is waived if the parent, legal guardian or managing conservator has a low income, provided they complete and file a Statement of Inability to Afford Payment of Court Costs at the district clerk’s office as well. The parent who wishes to have the child’s name change must let the other parent know about this unless the parental rights of the other parent have been terminated. If the other parent consents to this, both of the parents can file the petition […]

Can I Change My Child’s Last Name After a Divorce?

representing yourself
The legal decision on child support has great significance to either of the child’s parents. Child support cases are also imbued with emotions. It goes beyond matters regarding access, possession or visitation of the children. In child support cases, it is possible to represent one’s self instead of hiring someone from the legal profession. However, there are risks in choosing to forego a lawyer’s services. This article will discuss the risks associated with this decision. Losing the case  Losing in child support means that the judgment will not be a favorable one to you. Child support cases are based on the surrounding circumstances, facts, and the evidence presented. One must prove his case before a judge to win a family law case. Regardless of what kind of parent you are, custodial or noncustodial, you must prove the elements of your case and present supporting pieces of evidence for the judge to evaluate. There are many technical requirements in a case involving family law that can be tricky. Lawyers have extensive knowledge about the law. We are equipped and trained to know the law. Getting past the technical aspects of the case is one thing, filing the documents is another. It’s not unlikely that non-lawyers make a mistake in a pleading. This could weaken your arguments. Worse case is that the mistakes could possibly be a ground that the opposing party can use to have the case dismissed. These mistakes are easy to make, especially without the legal knowledge needed. Paying a lot more If you lose the child support case, it is common for a judge to award the court costs and attorney’s fees to the winning party. You will end up shouldering both the costs of your own case and that of the opposing party. Assess the type of […]

Deciding Whether to Represent Yourself in a Texas Child Support Case