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Marriage is wonderful but also poses a significant risk. Tying the knot is a lifetime deal. It means sharing all your property, the ones you own now, and everything you will acquire henceforth. There seems to be a legal remedy for every possible risk nowadays. For those who want to have a safety net, they can resort to having prenuptial agreements. Reasons for Prenuptial Agreements Prenuptial agreements can cause drama– usually when there is a disparity of social class between the prospective husband and wife. However, when the prenuptial agreement is accepted, for most couples, it was nothing more than an awkward moment. In some cases, a prenuptial agreement may even be a relief.  Some of the most common concerns that lead to a prenuptial agreement are: Division of property Protection of the separation of property Increase of the value of their property during their marriage Donations Investments Income or wages There are also prenuptial agreements that would have guaranteed alimony, and conversely, agreements that both sides would not demand alimony. One of the reasons why more millennial couples are entering prenuptial agreements is that these couples enter marriage at a later age when they already have accumulated personal assets. Most of the time, the prenuptial agreement is a mutual decision, and they have actually formulated the contract together.  Checklist for Prenuptial Agreement An invalid prenuptial agreement can be stricken down. In Texas Law, they would advise couples that their prenuptial agreement would have the following components: It should be a written document; Cannot be added in the personal vows at the wedding or recorded as a video.  Requires both parties to willingly devise this agreement on their own volition.  The contents of the agreement should be fair and impartial to both parties. Drawn up in the presence of a witness […]

Why Millennials are Making Prenuptial Agreements   Recently updated !

Yes, it is. Hiring a lawyer from Texas is possible, even if the client does not reside in Texas. More than the skills, expertise, and dedication, it is important that you also trust your lawyer. License to practice in another state Generally, a lawyer who is licensed to practice in Texas needs a license to practice in another state, vice versa. Exceptions There are, of course, a few exceptions to this general rule. The court may grant a limited law license to a lawyer from a different state as requested by the client. The second exception where a corporation hires an out-of-state lawyer to represent the corporation as an in-house lawyer. Working with an in-state lawyer In some other cases, the state will permit a lawyer from another state to represent a client for this one case only. It is known as “pro hac vice.”  The lawyer must file a petition before the court allowing him or her to represent the client. The lawyer must also have a valid license from another state. The granting or denying of this petition is up to the sound discretion of the court. Some courts grant may have some conditions imposed. An example of a condition is that an out-of-state lawyer must work with an in-state lawyer. Reciprocity Reciprocity may also be an option for the out-of-state lawyer in that he or she can obtain a license from the state where he or she wishes to represent the client without the need to take the state bar examinations provided that he or she has already practiced law in his or her home state for a certain number of years.  In conclusion, a lawyer from a different state may not have an intensive knowledge with regard to the laws of another state than that of […]

Can I Hire A Texas Lawyer If I Live in Another State?   Recently updated !

Many issues regarding parenting are because of poor communication among family members, especially between spouses. Poor communication is due to various reasons. Relationships with your spouse and your children are very emotional. More often than not, we let our feelings take charge whenever there is a conflict within the family. When we let our emotions speak for ourselves, we tend to become unreasonable. It is okay to accept that sometimes, our pride, anger, and resentment gets the best of us. We are but human. However, if you feel that you are in a situation where you just can’t communicate properly with each other anymore, you might want to consider Parenting Coordination and Facilitation.   Parenting Coordination and Facilitation According to the Texas Family Code, it assists parents who have parenting and family problems to resolve their issues with the help of an impartial third party appointed by court or by mutual agreement. Usually, the court appoints an independent therapist or counselor. In Texas, we call them “Parenting Coordinators” or “Parenting Facilitators.” Having an outsider step in is great because both parties will be given the chance to speak to each other and hear each other out. A Parenting Coordinator will make sure that there is an amicable settlement. He would note the concerns of each party and bring it to each other’s attention. Compromise will be sought in an attempt to resolve the issues. While the mediator might recommend solutions to the problem, his job is primarily to let you and your partner communicate when you couldn’t. The counselor-mediator will also help in ensuring that the objectives sought are met. Say, in concerns regarding children, the well-being of the children is a primary consideration in decision making. During the Parenting Coordination and Facilitation, you will be empowered to take responsibility. […]

Parenting Plans and Coordination   Recently updated !

health insurance divorce
There will always be too many things to sort out while getting a divorce. Aside from the usual division of property and finances, you may also have to sort out health insurance. What happens to your health insurance may also be tied to what happens during your divorce. When I Can Lose It What happens to your health insurance depends largely on what kind of policy you have. If you happen to have an insurance policy of your own, then you don’t have to worry about losing it. But if you are a dependent on your ex-spouse’s health insurance policy, that is when you lose your health insurance. You may no longer be eligible to you after a divorce has been finalized. Your Options If you are getting divorced, the best option is to get your own policy. You don’t want to be cut off suddenly. When your employer happens to provide insurance, then you can apply for your own insurance through your employer. If you aren’t employed, you can always go to any private health insurance provider. If you are still unable to get your own health insurance, you can pay for your coverage in your ex-spouse’s policy. You can do this by informing the health insurance provider of your impending divorce. The only problem is this is temporary and can only last for a certain number of months. Either way, you will still have to get your own health insurance policy. Health insurance is something that everyone should have. There’s a lot that health insurance can help you with in terms of health care. And if something untoward were to happen to you, at least you’re prepared for it. It is best to be prepared and have it all sorted out now. That way, you won’t have to […]

Divorce and Health Insurance

quill pen
This is just a quick introductory post to let everyone know what I intend to do with this blog. There are a couple purposes, one of which is occasionally I see an issue that intrigues me, or that I simply want to rant a bit about. Another reason is that I see a lot of people confused about various family law issues that could be easily answered in a few minutes. Many of these people don’t even really need an attorney, and hopefully this blog might help them be better educated about some topics. Additionally, some people think they know more than they do, and this blog might help them question that belief and either do more research on their own, or consult an attorney. Things may change as time goes on, but hopefully this will be a good source of information for the public. If anyone sees information they disagree with or think is wrong, please write a comment about it or send me a message. I will read it, I promise! I am also not infallible by any stretch of the imagination, and the quicker I correct my mistakes the better. Just to note, this blog is designed solely for educational purposes and should not be construed as legal advice of any kind. If there are any suggestions for what types of things people would like to see posts about, let me know and I will try to accommodate. Until then, ill try to get some posts up as soon as I can!

Welcome to the Texas Family Law Blog!

Some people choose to just take a break and spend time focusing on their recovery. Other people decide to jump back into the dating scene and go straight to meeting other people. Everyone has their own way of getting over a breakup. And normally, this would be okay. But if you are married, that’s when things might get a little problematic. Can I Date? Technically, yes! But a number of things about it can still get you in some sort of trouble. If you and your spouse are on bad terms with one another, having them find out you’re already dating could have them retaliate unreasonably. It could affect the pending divorce and just make things worse. But if you and your spouse are pretty clear about it, you can most definitely go on ahead. What Do I Do? The best way to know you’re in the clear is to talk with your ex-spouse. Explain that it is your right in a nice way and have a mature conversation about it. If your spouse is the difficult type, it is safest to wait until that divorce is finalized before dating. You should also make sure that you’re ready to go back to dating. Just because you can go back to dating doesn’t mean that you should. If you’re still not emotionally ready, take some time before you put yourself out there again. Before jumping into things like dating, it’s always good to think about the effect it’ll have on you and your children. If you go straight to dating while only separated, trouble could still make its way to you. And as much as dating might seem like a good idea right now, the best thing you should do first would be to make sure that you won’t get into […]

Dating While Separated

guardian ad litem
There are a number of things that one has to take care of during a divorce. When you have a child, that just adds to the things that you’ll have to sort out during your divorce. Custody and support can be a little troublesome to sort out, especially if your child is a minor. Thankfully, family courts have what is called a “guardian ad litem” that can help out in matters such as these. A Guardian Ad Litem A “guardian ad litem” is usually appointed during divorce proceedings. Especially during the time that the custody of a child is being decided. Appointed by the family court, the guardian ad litem acts as the representative of the child during the divorce. If the child is a minor, a guardian ad litem will help represent the child’s best interests throughout the proceedings. Guardians ad litem should be impartial to both parents and give more focus on what they believe is best for the child. They also help decide the parent gets custody. What They Do As mentioned earlier, the guardians ad litem keep in mind the best interests of the child. Since they help in deciding what is best for the child, they may carry out investigations. They will look at all aspects of the child’s life. Part of the investigation that they make include interviewing the child, parents, relatives, and even their teachers. They will look into the child’s life and see which of the parents will be able to provide the best care for the child after the divorce. When all information needed is gathered, the guardian at litem can then present to the family court a recommendation as to whom the custody of the child can be awarded.  Since minors may not be able to represent themselves during family […]

The Guardian Ad Litem and Your Child

There will lengthy and extensive discussions since there are many details that need to be ironed out during a divorce. If both parties are aggressive and the divorce is not a mutual decision, it can be stressful. The main points of the divorce are usually the first to be settled. Custody, division of property, child support, and alimony are definite points of contention. However, there are some minor details that are worthy of attention. It is worthwhile to know who should be able to claim the tax exemption for the dependents. Tax Exemption Basics The basic principle is that the more dependents you have, the fewer taxes you pay. Thus, it should also be a significant factor.  If we were to estimate the worth of the child dependency exemption, the amount would be close to 4,000 US$, per year. For most people getting divorced, they would rather concentrate on the property, but if they were aware of this value, they would also take notice. This is because a child can only be claimed as dependent on one tax return every year, so during a divorce, if both parents would be forced to work, only one can get the benefit. In many cases, the custodial parent—the parent with whom the child has stayed longer, would also be given the benefit of the tax exemption. However, this is not set in stone and the non-custodial parent could also get the claim. Negotiations The better divorce lawyers would tell you that everything can be negotiated in a divorce and that everything is worth fighting for.  The exemption claim can be negotiated. In some cases, one parent can propose to concede a piece of property (which they should technically be sharing) in exchange for the rights to claim the dependent. If one considers the […]

Determining Dependent Exemptions after Divorce