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.  This weight can make them break down. One of the key parts of mediation is that it relies heavily on communication.  One of the hardest parts in a relationship is fair and honest communication.  As such, some couples learn through proper mediation that all they needed in their relationship was good communication.  Unfortunately, those people are only a small portion of the population. However, for those that don’t find the key to their relationship through mediation will still find something in the process.  Mediation is far less daunting than going to court.  It is also a far easier process.  Both […]

Mediation: An Ease to The Destructive Nature of Divorce   Recently updated !


babysitting
The State of Texas has the full intention of looking out for the welfare of its children. It provides laws and guidelines to ensure that the adults act responsibly in their treatment of children. Aside from custody, child support and other aspects, the state also has rules for babysitting.  Legal Babysitting Age Texas law does not have a specified legal age for babysitting. What it does require is a certificate to work for anyone under the age of 18. In this case, the federal law states that the minimum age for anyone to work is 14.  Texas allows the parents to choose the private babysitters for their children provided it does not violate federal law.  In-Home Babysitting Texas state law is definitive about in-home babysitting, though. If you want to start an in-home babysitting business, the state will conduct a criminal background check. This is a thorough investigation on the owner and the employees to ensure that they do not have any criminal convictions whether they be sexual in nature or that of violence and abuse. The law allows you to operate even without a license under certain parameters. The law is very specific on how many children you can take care of. They set the limit at four children. If you take care of more than four children at a time, you are required to register or get a license.  Registered Childcare Home A registered childcare home takes care of four to six school-age children at a time. They can also take care of up to six middle-aged children aside from these, with the maximum set at twelve. The provider has to clear all background checks and attend an orientation. They also need to comply with on-site inspections to see if they would meet the minimum standards set by […]

Guidelines for Babysitting in Texas



house after divorce
A major aspect that is affected by divorce is the finances of the spouses. If not handled well, this can turn into a big chaos before, during and after the proceedings. A lot of the assets and properties will be in consideration for division but in this article, we will focus on the house. If not adjudged in one of the parties favor, one will be tossed out of it while one remains in it. There are two options for this. The first one is selling the house, and the second one is that the spouse who remains in it will continue paying future amortizations without obliging the other spouse to pay for such.  Selling the House In most cases,  the best way to go is usually selling the home which will be part of the divorce decree. The spouses will have to hire a realtor who will put the house on the market and then have the home sold in the terms the spouses have agreed upon in their Final Divorce Decree. After such process, dividing up the proceeds of the sale can assist both spouses in starting their lives again after the divorce proceedings.  Remaining in the House If one of the spouses decides to remain in the house and the other spouse did not oppose to such decision, it is then important to determine whether he or she will qualify for a refinance of the mortgage based on the income of the spouse who will be staying. If refinancing is possible, then the next step to take to start the process in relation to the terms of the divorce settlement is working with the lender so that the process will be done correctly. The spouses will be entitled to whatever their shares of the home’s equity will […]

What Happens to the Mortgage After Divorce?


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



summary proceedings
A summary judgment is when a court disposes a case either because the party who filed the lawsuit or the petitioner does not have enough evidence to win the case or because a responding party or the respondent does not have a clear and proper defense to the allegations brought against him or her by the former.  One of the parties can basically file for a motion for summary judgment to dispose of the case if the opposing party does not have any strong evidence to support their arguments in the case.  This is applicable in family law cases.  If the case deals with more than one issue, the parties can decide to have some of them decided via a motion for summary judgment before trial.  Chances of settling also increases with the help of filing a motion for summary judgment. This is because summary judgment removes certain issues which the opposing party may argue about. This basically limits what a party has to present during trial. Traditional Summary Judgment vs. No Evidence Summary Judgment There are two different types of motions for summary judgment. These are the traditional summary judgment and the no evidence summary judgment.  A traditional summary judgment is when a party with the burden of proof may file for a motion of summary judgment by proving that he or she is entitled to judgment as a matter of law by establishing affirmative defense or presenting each of the element of his or her own claim.  Most, if not all, traditional summary judgments have to be backed by summary judgment evidence that is competent.  On the other hand, a no evidence summary judgement, the party without the burden of proof is stating to the court that the opposing party has no affirmative defense or no evidence to […]

What is a Summary Judgment in Texas?


How Will Split Custody Affect You And Your Family
Some couples become stronger when experiencing challenges, and infertility is no exception. But the divorce risk is also very real: couples who are unable to conceive a child after years of trying are three times more likely to divorce than those who do succeed. While every couple battling infertility is different, there are some commonalities that can contribute to divorce, as identified by Crystal Clancy, licensed marriage and family therapist and owner of Iris Reproductive Mental Health in Burnsville, Minnesota. “I have seen relationships torn apart by the inability to reach an agreement about what kind of treatments to pursue, how much money to spend, or when it is time to stop trying medical interventions,” says Clancy. But that’s not all. “Usually it either involves the long-term stress and the way that ‘infertility sex’ changes your love life,” she says. Should we, or shouldn’t we? When getting pregnant doesn’t come easily for a couple, they must choose whether to try alternative avenues to create a family, and if so, which alternative to pursue. These choices can further stress an already stressed-out relationship. “A couple that was struggling with infertility decision-making was getting closer to being on the same page, but, initially, there was some lack of trust around the wife wanting to pursue surrogacy without giving the husband time to process or agree,” says Clancy. The wife even went so far as to line up a surrogate and schedule the procedure. “The husband said he felt ‘bulldozed’ and, now that they have already taken it that far, feels obligated to go through with it.” Dollars and sense? Infertility treatments are not cheap. Adoption and surrogacy come with a high price tag, too. Any of these routes to a happy family can stress a marriage—for straight or LGBTQ couples —both financially […]

The relationship between infertility and divorce



credit card debts
When getting a divorce, there are a lot of things that have to be taken into account. First, you should get a lawyer and figure out how to go about your divorce. Of course, you also have to think about where your children, if you have any. Your lawyer should also advise you regarding conjugal properties. What to do with all the things you both own? How do you go about dividing your money? Who pays for what now? What happens to the debts you share? Marital Debts Marital debts are debts incurred during your marriage and before the awarding of a divorce decree. It can be split among the spouses by the court or based on the settlement reached between the pair. This applies in the state of Texas and makes debts like that are the easiest kind to settle. Credit Accounts The kind of debt that may be more difficult to handle are debts on credit accounts. Credit accounts that are opened during your marriage that are under either your name or your spouse’s name, sometimes even under both your names, are harder to settle as there is still the possibility of debts being incurred after your marriage. Figuring out who pays for what in the credit accounts after the divorce may become more confusing. What normally passes off after divorce is that any purchases made by either partner after the divorce is their obligation and must be compensated. The only problem with this is that any unsecured credit card debts, if left unpaid, they may end up piling interest up until it becomes too heavy a burden. This will make it harder to pay for. Steps You Can Take with Regard to the Debts Things can be done with regard to credit accounts such as settling them […]

Do You Divorce Your Debts too During a Divorce?


addict parent
Divorce is often a tragedy that a family has to cope with. It presents a challenge for all the parties involved. However, there are situations where the degree of difficulty is drastically increased. One such situation is if your ex-spouse is an addict. When the ex-spouse is addicted to something, the divorce may be seen as a relief. However, if there are kids involved, one has no choice but to share parenting responsibilities with the ex-spouse. This situation can present some complications, some of which are enumerated below. The Addicted Parent has Trouble with Committing to Schedules By its definition, an addict has become dependent and is unable to function normally without the fixation. As a co-parent, addicts often fail to keep a commitment even if it were mutually agreed upon by both parties. In a divorce setting, this could result in conflict or even legal implications. Custody is a legal matter and the judges impose that the schedules be followed to the letter. The Child may be Exposed to Harmful Substances As with addicts, they are likely to use harmful or toxic substances. Without the contentions of the other parent the addict co-parent may leave their drugs or even the paraphernalia in the household premises, within reach of the child. Regardless of the child’s age, this is never a good thing. Addicts are more Prone to Negligence If the child is dependent on a parent who is, in turn, dependent on something else, his needs may not be the first priority of the addicted co-parent. Thus, there would be times when the addicted parent would neglect the child’s meals or, in some cases, prescribed medication. How to Cope with an Addict Co-Parent There are necessary steps that a parent needs to undertake in order to cope with this challenging […]

Co-Parenting with an Addict Ex-Spouse