disabled spouse divorce

Things To Know When Filing for Divorce With a Disabled Spouse

Divorce is a major blow for anyone and for a disabled spouse, going through a divorce might prove to be almost life-threatening. There will be a lot of considerations that you need to think about if you are contemplating on getting a divorce and either you or your spouse is disabled. The person who is disabled will need an able and expert attorney by his or her side to protect his or her rights. There are some pertinent issues that you will have to consider when contemplating divorce with a disabled spouse. Check them out below: 1. Can a disabled spouse ask for a divorce and go through a divorce trial at court? There are definitely a lot of people who wonder about whether a disabled person is allowed to participate in a divorce. In this case, probate law is involved. There is a concept of guardianship that is always exercised when one is disabled and cannot handle their own affairs. If the disabled person is married, it is often their spouse who takes on the guardianship role. When a divorce is in the picture, there will surely be a conflict of interest, no matter who filed for divorce. The […]

debts in a Texas divorce

Things You Didn’t Know About Debts in a Texas Divorce 1

When you are going through a divorce, you will surely not just be dealing with the division of your marital properties – you might have to deal with debts in a Texas divorce too. The rule that applies to properties applies to debts in a Texas divorce too. The ones that have accumulated during the span of your marriage will have to be shared between you and your spouse. On the other hand, those that you have acquired before your marriage you will have to bear responsibility by yourself because it is considered separate property. Both spouses will not be automatically held liable for the debts that incurred during the marriage. During the divorce process, the judge will have to determine who is liable for which debts. There are cases when both of you will be liable for the debt though. This is referred to as ‘joint liability’ and often, it applies when the debt was made in order to pay for the marital home. Determining Liability for Debts in a Texas Divorce Just like how you will have to determine the details of how your marital properties will have to be divided, you will need to do the same […]

child custody child support issues

Child Custody and Support Issues When Your Child Resides Outside of Texas

Child custody and support issues can get more complicated if your child does not reside in the same state where you file for divorce. For instance, you and spouse can choose to live in Texas for at least six months in order for the state to have power over your divorce. You will then be eligible to file for a divorce in a court in Texas. However, what if your child lives in another state? You may have just left your child with a relative for a couple of months. What will happen to your child during your divorce if your child has never been in Texas? Getting a Divorce in Texas When Your Child is Not a Texas Resident There can be an issue if your child has never been a resident of Texas because the child’s legal proceedings such as those dealing with parental rights, custody and child support will all be beyond the jurisdiction of any court in Texas. Even if the court makes a decision regarding your child, it is somewhat questionable whether or not such a decision can be enforced. If you are pushing for a divorce case, and there is a child involved, the […]

2017 Court Appointed Family Advocates Advanced CLE

October 27, 2017 – all day UT Thompson Center Includes morning refreshments, lunch, afternoon snack, and parking! 6.25 credit hours; 2.5 ethics Cost: $110 for Austin Bar Association CAFA Section Members $135 for non-members of the Austin Bar Association CAFA Section   Presentations Include: Legislative Update Case Law Update Drafting and Setting Motions Using the De-Identified Case Record in Court Forming relationships with professionals Trauma Informed Represntation Lunch Options – Boxed Salads and Sandwiches; all include a cookie and beverage. Cobb Salad – Strips of turkey breast, diced tomatoes, chopped hard boiled egg, diced celery, scallions, and bacon crumbles served over a bed of Romaine lettuce with blue cheese dressing. Chicken Southwest Salad – Grilled chicken with black bean salsa, cheddar jack cheese, and baked corn tortilla chips served with an avocado chipotle dressing. Ham and Swiss on a Croissant – with lettuce and tomato. Served with fruit salad and chips. Hummus, Avocado and Roasted Veggie Wrap – creamy hummus, ripe avocado, and roasted eggplant, zucchini, red pepper, and red onions marinated in a balsamic vinaigrette rolled in a soft flour tortilla. Honey BBQ Chicken Sandwich – Balsamic grilled chicken with Honey-BBQ Ranch Dressing, Roasted Onions, Lettuce and tomato on a multi-grain bun.   Register […]

spousal maintenance and alimony

Spousal Maintenance 101: Everything You Need To Know

Spousal maintenance is something that you might need to think about if you are contemplating divorcing your spouse. If you are thinking of filing for divorce or if you are already in the middle of one because your spouse had already gone ahead and filed for it, your major and immediate concerns would surely include your finances. If you have children and properties, these would be on your priority list too, for sure. Matters regarding your children would definitely make it on top of the list. If you don’t have enough knowledge regarding the divorce, it’s understandable why you would feel uncertainty in all levels. Financial uncertainty is probably the worst since you might even have to consider stepping down a few up to several notches from your current level of lifestyle. You can feel anxious and intimidated – not to mention scared. You might be relieved to know that you don’t really have to go through your divorce with these fears. You can obtain more information about how the laws in Texas works regarding divorce cases and you can then relate what you will have known to your own divorce case. Of course, to make things easier for yourself, […]

rumors about child support

Busting Myths and Rumors About Child Support in Texas

The area of family law that a lot of people are concerned about is the part that deals with child support. In a divorce, it’s unavoidable for both parents to worry about finances. It is common for the parent who needs to provide child support and the one on the receiving end of it to worry about it equally at the same time. As a parent, you will also worry about your rights and how and to what extent you should exercise it. You might hear a lot of rumors and myths from family members and friends who have been through it before or have heard about child support issues from others. They might want the best for you, but it does not necessarily mean that they can give you sound advice that you can really count on. You might voluntarily ask them for advice, but you can never know how accurate the advice you’d be getting unless they’re from legal experts skilled where family law is concerned. The thing with family law is that it changes quickly. What might have been true at that time your cousin had a divorce and had issues with child support may no longer […]

Getting a Divorce when your spouse is in another country

Getting a Divorce When Your Spouse is a Resident of Another Country

These days, interracial marriages are common and a divorce is sometimes unavoidable. You can’t help but wonder if it’s possible to get a divorce when your spouse is in another country. Like for instance, you are an American citizen residing in Texas and you married someone from Spain, and you did the ceremony in Texas but you decided to live in Spain. After a while, things get sour and you want a divorce. How can you go through the process of getting a divorce when your spouse is in another country? Since the ceremony was done in the United States, you can definitely file for a divorce in an American court. The laws that would cover your divorce won’t be any different from the ones that would cover a normal divorce with the couple both in the United States. However, there are different steps that would need to be taken in your case. You might want to hire an attorney to make things easier, but here are some tips that you need to know that would be helpful in your divorce case. Go for a settlement Getting a divorce when   of you are in the US is complicated as it […]

hacks on hiring divorce attorneys in texas

Hacks on Hiring an Experienced Divorce Attorney in Texas

If you want your divorce case to go according to your expectations and to be successful quickly, hiring a divorce attorney is one of the most important things that you must do. It’s acceptable not to have much knowledge about getting a divorce, especially if it’s your first time. You might have only heard one-sided stories from friends and acquaintances who have been through a divorce. This gives you one more reason to hire a lawyer to guide you through all the steps of the case and to represent you in court. You might have expectations of what divorce cases are like based on what you see on television and movies. There is a possibility that this misinformation from the media would lead you to make rash and unwise decisions regarding your own divorce. A skilled and experienced divorce attorney would be able to keep you on the right path, provide you with assistance and most of all, make sure that your interests are protected. Qualities in a Lawyer That You Should Look For You might be wondering now how in the world would you be able to choose a lawyer out of seemingly thousands of divorce lawyers in your […]

Conservatorship in Texas

What You Need To Know About Conservatorship in Texas

Before tackling cases dealing with divorce in Texas, we always make it a point to know what the clients want out of the divorce. In most cases, clients want full child custody in Texas. Unfortunately, full custody does not exist in Texas, at least legally. In fact, the term “custody” does not even exist in the Texas Family Code. The closest thing to “custody” in the Texas is conservatorship. What does conservatorship in Texas really mean? Texas Conservatorship Designations There are primarily two types of conservatorships that exist in Texas. The first of which is managing conservatorship, which involves rights, duties, and decision making powers. Managing conservatorship can be legally given to both parents of a child if they are not married – no longer married or have never been married. When someone is a managing conservator it means that he or she is basically the legal guardian of the child, protecting the child and managing finances and other things with the child’s best interest in mind. Usually, both parents will become “joint managing conservators” of their children after the divorce and therefore share in those rights, duties, and decisions similarly to how parents who are still together would. There […]

domestic violence and divorce in Texas

How to Deal with Domestic Violence and Divorce in Texas

Domestic violence is cancer in a marriage and it does not choose victims based on race, age or background. This is an unfortunate and unpleasant to talk about but it does exist. Victims always have a hard time surviving and getting over the experience despite resources made available to help and support the victims. The worst thing about domestic violence is that the abuser is someone who knows you more than anyone else so it hurts more. Often, domestic violence leads to divorce. You will need a divorce attorney if you intend to pursue a divorce to get out of a marriage where domestic violence occurs on a regular basis. Domestic Violence and Divorce A divorce is originally stressful and with an abusive spouse, it can get even more complicated. Most abusers always resort to violence to maintain over you. It is common for victims of domestic abuse to feel trapped as if there’s no way to seek help. The mental hold of the abuser towards the victim usually blinds them and keeps them from seeking help. If you are a victim of domestic violence and are reading this right now, you are making a significant step towards breaking free […]