Divorce


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When you are getting a divorce, establishing the rights and duties of Texas parents before the divorce is finalized is a must. It is also important to pay attention to the parenting plan that will be included in your final divorce decree. The parenting plan will include many things such as a guide to the rights and duties of Texas parents until the children graduate high school or turn 18, as well your considerations regarding your child after the divorce. In other words, the parenting plan will include information about conservatorship and child support as well as access and possession information. These factors cover the different parenting methods you’d have to adapt following the divorce. Of course, these factors are basically the same ones you need to maintain a good relationship with your child even while staying married. It’s just that in a divorce, the judge will spell out your duties and responsibilities clearly in a legal document. Most parents are most concerned about how much time they’d be allowed to spend with the children after the divorce. Here are the things you need to know about the factors mentioned above so that you can feel at ease somehow, and so that you can prepare for possible custody issues. Rights and Duties of Texas Parents in Conservatorship Every parent can relate to that longing for more time with the children. We all know how critical it is for our child’s growth and well-being too. When you are going through a divorce, it is natural to worry about these things more than usual. You will realize the importance of the time you get to spend with your child when you are on the verge of losing it. Of course, unless you have done something extreme, you won’t lose the right to […]

The Rights and Duties of Texas Parents   Recently updated !


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Shared Parenting after a Divorce is the Healthiest Option Divorce is difficult for anyone and everyone involved in the process. Even if the divorce is amicable, that doesn’t make it easy.  Deciding what party gets custody of the children and parenting powers is difficult.  Despite being difficult, it is a decision that needs to be made. In the past, it was tradition to award only one parent parenting powers.  This parent would often be the mothers because it was believed that mothering instinct was powerful and that it was a requirement for anyone growing up.  For the most part, this notion is being dismissed as outdated and inaccurate. A more modern but still outdated approach is to assign visitation hours to a parent, most often the father.  The term visitation implies that the parent is something less than they are.  It also is demoralizing. The best approach to parenting after a divorce is to split the parenting as equally as possible.  While the best approach is to have the parenting split 50/50, the minimal amount that a parent should be with their child(children) is 35%.  This allows for a connection between the parent and the child, it also allows for the both parties to feel appreciated. A split parenting position for divorce isn’t just something that the courts thought would be in the best interest of both parents, it is something that has been studied thoroughly. Over 50 studies have been conducted into shared parenting.  Parents and children from around the world have been studied to determine the optimal parenting situation for children of divorces.   Those kids who stayed with both parents for at least 35% for each parent did far better in life. Both academic and social lives improved, as well as psychological health. No matter who you are […]

Shared Parenting after a Divorce



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Do you know that you can change your name after your divorce? A lot of people who have been through a divorce often seek the help of an attorney to change their name after the divorce has been finalized. It is not so difficult to do, but there are certain processes and guidelines that you will have to follow before you can successfully change your name after your divorce. According to the Texas Family Code, you are free to change your name after your divorce, provided that you change it back to a name you have been using previously. Always, before your case will be finalized, your attorney or the judge will ask you about your purpose for wanting to change your name. It could be that you are trying to hide from someone, you might want to start completely anew, or you might want to keep creditors off your tracks. In any way, as long as you are not doing it for something illegal, the judge will likely grant you the name change. Some clients tend to worry that the judge will reject their request for a name change due to the fact that all family members should have the same last name. There is no truth to this claim, hence you should not be concerned. If you also want to change the name of your child during the divorce, be aware that the judge will not allow you to do so. If you are really determined to change your child’s name, you can try to file a separate lawsuit regarding the matter. What Happens After You Change Your Name after a Divorce Once the judge has granted the name change, it will be official. You can request for a certification from the court regarding your new name. You […]

How to Change Your Name after Your Divorce in Texas


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Austin divorce attorney Janet McCullar of McCullar Gilbreath is the author of a new article that was recently published on Divorcemag.com. The article, entitled “Five Reasons to Hire a Divorce Attorney,” discusses why it is absolutely necessary to hire an experienced divorce attorney if your divorce or custody case is headed to court. Here’s why it is a wise decision to hire an attorney to represent you during a divorce:   ◦   Divorce attorneys are familiar with the divorce process and how to handle this specific type of case. They know what kind of outcome to expect and how to negotiate for the best results possible for their client. Experience is a big part of achieving success in court. ◦   Attorneys network with professionals who can serve as expert witnesses in divorce cases. Without the help of an attorney, it can be very difficult to find and hire a qualified expert witness to support your case. ◦   Attorneys understand complex divorce laws. The law is complicated, especially when it comes to divorce, so working with an attorney is a must. Even one simple paperwork error could delay or even cost you your case, so make sure you have someone on your side who can ensure that everything is submitted completely and correctly. ◦   Attorneys are a neutral third party. Divorce is an emotional process, and it can be difficult to make sound decisions when emotions get in the way. An attorney is able to provide support and help you make decisions without being emotionally involved. Attorneys know how to challenge and/or suppress evidence. Without an attorney, you run the risk of having evidence improperly used against you. Having qualified legal representation can protect you against this situation.  

Why You Should Hire a Divorce Attorney



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Parenting after your divorce can undoubtedly be stressful. There are changes that you’ve never dreamed you’d ever have to deal with but now you are expected to deal with them one by one. Life after divorce without kids is difficult enough but the adjustments you’d have to face when you have kids is even worse. You will have to help the kids cope with the changes while fighting to cope yourself. Your rights, duties, and responsibilities will undergo a massive change. It’s natural for a parent to be somewhat afraid and worried about what life may hold after your divorce. Parenting after your divorce requires a lot of courage, determination, and patience. It will also require you to cooperate with your ex-spouse even when you don’t want to face him or her ever again. Basically, parenting after your divorce requires you to deal with conservatorship, child support, adjusting to the changes in your rights and duties as parents, and dealing with your child’s school. There’s a possibility that your child will have to change schools or deal with the changes while staying at the same school. There’s also a chance that you will have to deal with CPS if you’re not careful, which is a total nightmare for any parent after the divorce. As if you don’t already have enough on your plate! In this article, we will give you a comprehensive guide to all these issues you will have to deal with in your parenting after your divorce. 1. Conservatorship There are many parents who want full custody of the children after their divorce. It mainly could have something to do with one parent’s relationship with the other parent. If the divorce did not end amicably, it is highly likely that one parent would want the full custody of […]

A Comprehensive Guide to Parenting After Your Divorce


Divorce Prevention Premarital Education Course 1
Divorce can be a very painful and expensive process for everyone involved, and often the best solutions come before the time that people are looking for divorce lawyers, and in fact, often before the marriage itself. Everyone knows the statistics in regards to divorce, but always seem to think that it is something that only happens to other people, not themselves. The reality is that divorce is much more pervasive than people expect, and it is important to lay the proper foundation in your relationship to make sure that divorce is never on the table. Before you and your partner say “I do,” the State of Texas encourages couples to attend a free premarital education course. One of the benefits of attending a premarital education course is that the 72-hour waiting period that is typically mandatory between the marriage ceremony and the actually issuing of the marriage license is waived.  Additionally, couples who take the premarital counseling course receive the additional benefit of having a portion of their the marriage license fee waived.  Communication skills, conflict management, and the key components of a successful marriage are all common topics facing new couples, and not so coincidentally are also common topics for couples facing a looming divorce. Such key topics are covered in detail through the course and can be vital tools in preventing a marriage from going down the path of divorce. Part of my job description as an attorney also includes the role of “counselor”, and that is one that I take seriously. Unfortunately, by the time I am involved in someone’s life, they are usually past the point of no return in regards to divorce, and there are limited options at that point. However, I encourage everyone who is considering marriage to not make that decision rashly, and […]

Divorce Prevention: Premarital Education Course



Frequently Asked Questions About Annulment
What is an annulment? Annulment is a legal procedure that would invalidate your marriage – so it will mean that you were never married. In order to go for annulment, you need to qualify for it. Once you are granted an annulment, your status will be single and you can remarry. It basically cancels and erases a marriage. It declares basically that your marriage never married. Can a court divide property in an annulment? The court will issue orders regarding the children and the separation of property in an annulment. The court will also determine which properties and assets are community property and which ones are separate property. These will be divided accordingly. What happens to the children in the annulment? When there are children from your marriage and you want the marriage annulled, you will have to submit a SAPCR (Suit Affecting the Parent-Child Relationship) which will determine the rights and duties of each parent towards the children.  Will an annulment affect the presumption of paternity? No. The husband will always be the presumed father of the child if the marriage took place before the birth of the child or if the child was born during the marriage. He will also be the presumed father if the child was born 301 days after the marriage was terminated by divorce, annulment, or death. What is the difference between a suit to void a marriage and an annulment? Both legal procedures focus on reasons why the marriage is not valid. The difference between the two is that a void marriage is not a valid marriage from the start, despite what the court may say. Annulment, on the other hand, needs the permission of the court to invalidate the marriage. Also, in a void marriage suit, spouses will not have the option […]

Frequently Asked Questions About Annulment in Texas


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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