Divorce


Frequently Asked Questions About Void Marriage in Texas
Void marriage in Texas is one of the topics we get asked about pretty often. If you have questions about void marriage in Texas, you can check out the ones we listed below for more information. We hope that this will help you have a better understanding of how and when a marriage is considered void in the state of Texas. Of course, there could be different circumstances surrounding your case which could have a huge impact on your case. Keep in mind that the questions and answers we included on this page are general ones, and you should talk to an attorney to get more specific information about your case.   What is considered a void marriage?   A void marriage in Texas is a marriage that is considered unlawful and invalid in the state. It is considered invalid from the onset of the marriage.   How is Void Marriage different from a voidable marriage?   Void marriage in Texas is something that never existed in the first place. A voidable marriage, on the other hand, is something that exists until the court annuls it.   What is the difference between a void marriage and a divorce?   A divorce is a lawsuit you file to end a marriage that is valid. A void marriage is a suit you file to get the court to consider your marriage as invalid from the beginning. Even without a court decision, a void marriage is not considered legal.   How can a marriage be declared as Void Marriage in Texas?   There is a legal procedure, referred to as a suit to declare marriage void that can be used to determine if a marriage is void from the very beginning. There are certain factors that the court will consider to determine if […]

Frequently Asked Questions About Void Marriages in Texas   Recently updated !


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Divorce is difficult, but not all divorces are created equally.  Here in Austin and Greater Metro Area, more and more people are choosing to resolve their family law issues via the collaborative process.  Collaborative divorce is a method of dispute resolution where the spouses agree from the beginning that they are each going to retain attorneys who will work as settlement specialists and who will not engage in court battles. Here are the top 5 reasons any Texas couple considering a split should choose collaborative divorce:   Privacy Rather than have their dirty laundry aired in a public courthouse, spouses going through a collaborative divorce resolve all issues through privileged and confidential discussions in a private conference room. This can be especially important for business-owners, professionals, and high-profile Florida residents who are concerned about the public release of either financial details or embarrassing personal shortcomings.   Respect By its very nature, divorces that go through the court system are adversarial.  They pit husband versus wife, mother versus father, as each side tries to prove to a judge that he or she is a better parent or deserves more money.  In contrast, collaborative divorce is a team-based method of conflict resolution, where attorneys help the spouses attack the problem rather than attack one another.  The attorneys help foster an atmosphere of respect and dignity within discussions. Parents and their children (whether minor or adult) are the ones who benefit the most from this aspect of collaborative divorce, as though the marriage is ending, the relationship as co-parents will continue.   Efficiency Ninety percent or more of all divorce cases end up settling, whether before filing a petition for dissolution of their marriage or after the parties have spent hundreds of thousands of dollars and many years going through trial but right before a […]

Top 5 Reasons to Choose Collaborative Divorce   Recently updated !



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Many of the divorce cases nowadays are caused by financial issues. It doesn’t come as a surprise when after post-divorce couples fall behind mortgage and face foreclosure. Foreclosure is enough of a headache as it is. When it is complicated by issues pertinent to divorce, it can be more difficult to manage. When a couple gets a divorce, it is not an uncommon move to transfer the interest for the house to the other spouse. Usually, they do this thinking that this will place the responsibility for the mortgage completely on the other spouse. However, it just doesn’t work that way. When the mortgage is originally listed under both names, both spouses are responsible in making sure the mortgage gets paid. Even if you transfer the property to your ex, the bank won’t care about that. All the bank cares about is getting the mortgage paid off. Transferring the house to your spouse might even become a bigger financial burden. If your ex would let the mortgage go unpaid after the transfer, and it won’t be just his/her credit that would be affected, but yours as well. There is even a possibility that you would face a deficiency judgement. A deficiency judgement will order you to pay the difference between the mortgage you owe and the price the house was sold at foreclosure. It is now common to face foreclosure after a divorce even for a home you don’t own or live in. Divorce is not the only step you need to take to get rid of financial burdens and responsibility associated with the mortgage. Solution for a Happy Ever after It might be a challenge but both spouses will have to work together to avoid a financial disaster and foreclosure. There are various options available to keep this financial […]

Divorcing Your Mortgage   Recently updated !


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 Getting a divorce is a serious step in life, and for sure you won’t be undergoing a Texas Divorce for no reason. There could be one big reason or a hundred little things that made you decide to embark on the process of getting a Texas divorce. It can be messy and complicated especially when you get to the part where your marital properties and assets are to be divided.  Let’s say you have a strong reason for getting a Texas divorce. Would it then be possible for you to get a bigger or better share of your marital properties?   Reason for Divorce and its Effect on Your Finances   It is possible to get a Texas divorce despite having no strong reason for it. You can simply go to court and get a divorce by stating that you have irreconcilable differences or that you simply can’t get along with your spouse. This is pretty common and this kind of divorce is considered a ‘no fault’ divorce.   There are also some faults that can be considered as grounds for divorce, such as adultery. When you find out that your spouse is not being faithful to you, you can definitely go for divorce. Once you assert that the reason why you’re getting a divorce is adultery, you need to present proof to the judge. After you have proven your allegations to the judge, the judge will then decide whether or not to award you a disproportionate share of your marital properties. You will be given a share that is considered ‘just and right’ for your situation.   Effect of Infidelity on Property Division   When you are sure that your spouse has been unfaithful to you, you can file for a divorce. It would be best to include proof […]

How To Maximize Your Share of Your Marital Estate in a Texas Divorce



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One thing is for certain, if you want to avoid the complications from issues associated with community property, you need to know more about it. When you have ample knowledge of how it works and how to manage it properly, you’d be able to avoid the nasty complications of community property issues. If you are thinking of or in the process of getting a divorce, you might have come across ‘community property.’ These two words can play a huge role in your divorce but you may not know it quite well yet. A lot of questions should be on your mind when you cross paths with community property for the first time. For example, questions like: “How should I know which ones are community property and which aren’t?” “Is everything in the house considered as community property?” “Is it possible to have properties with you as the sole owner?” Separate Property and Community Property When you are asking about stuff that you can call ‘yours alone,’ you can refer to that as separate property. Basically, according to the Texas Family Code, separate property are things that are owned by one spouse before the marriage. It can also be a property that one spouse received as a gift or inheritance during the course of the marriage, and recovery of personal losses and injuries. It might sound so complicated so we’ll make it simpler for you. Anything you own before you got married, any gifts or any property or money you acquired from a lawsuit is separate property – meaning, it’s totally yours. Your spouse will not have any rights to such properties in the event that you decide to go for a divorce. Now that you know what separate property is, understanding community property is much easier. Community property refers to […]

How to Effectively Guard Yourself Against Community Property Issues


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  Either you or your spouse will have to file for divorce. Once one of you does so, it will officially be the beginning of the end of your marriage. It will be an emotional time in your life, and you might not be able to avoid feeling stressed and anxious while the divorce is ongoing. It is generally a chaotic experience for most, but there are measures you can take to make sure that the divorce won’t be a total nightmare. You can make it better than the worst-case scenario that you might be thinking of.   It is often better to spend time making sure that you start your important milestones in life right, rather than spending the same amount trying to correct mistakes and deal with the consequences. When it comes to your divorce, you also have to start on the right foot. We would like to share with you various tips that you can use to avoid making irreversible mistakes during your divorce.     How to Avoid Making Serious Mistakes During Your Divorce     Your divorce may not go as you imagined or expected it to be. No matter how great your divorce lawyer is or how well-versed you are with divorce laws or how many times you’ve undergone a divorce in the past, no one can really guarantee your ‘success.’ However, there are certain actions you can avoid – actions which can potentially worsen your case. What you should do is keep your eye focused on your goals after the divorce is finalized and avoid making serious mistakes so that you would have nothing to regret later on. Minimizing these mistakes would also minimize the level of discomfort and displeasure that you will have to go through.   The best thing you can […]

How to Avoid Making Serious Mistakes During Your Divorce



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Since same sex marriages have been made legal by the Supreme Court, same sex divorces are now possible as well. People are still confused because not all states had acknowledged that same sex marriages were legal prior to 2015 and many are still wondering if it’s possible to have a same-sex marriage in Texas and how the state deals with same sex divorces. Texas was one of the states in the US that did not legalize same sex marriages prior to 2015. Because of this, if you have lived in Texas prior to 2015 and you’ve tried to get a same sex divorce, the courts couldn’t have done anything to help you. Since same sex marriages were not recognized in the entire state until 2015, it goes without saying that same sex divorces were also impossible within the state during that period. Of course, after that Supreme court decision legalizing same sex marriages in 50 states, a lot of things have changed. Same Sex Divorces VS Traditional divorces After the Supreme Court has announced its decision, the laws that apply to traditional marriages now apply to same sex marriages. With this said, laws on traditional divorces can now be applied to same sex divorces in Texas. If you already know about the community property laws in Texas and how it’s divided during a divorce, you can now apply that to same sex divorces too. Division of property, assets, and debts will be divided in same sex divorces the same way it is divided in traditional divorces. If you are not familiar how community property is dealt with during a divorce, it’s basically this: Any type of income or property incurred during the course of the marriage will be subject to division once the divorce commences. This includes wages and income […]

Everything You Need to Know About Same Sex Divorces in Texas


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Divorce can be a very long process and it is full of twists and turns.  It doesn’t help that there are a variety of different ways that you can go about the process.  One step that you might encounter in the process is mediation.  In today’s article, you will learn about the process of mediation in a divorce and what it is like. What is Divorce Mediation? In a divorce mediation, a third party is brought in to objectively help both sides of the divorce to reach a settlement.  This third party is a neutral person and is called a mediator. A mediator will work with both parties to come to an agreement in the following areas: Child Support Custody Visitation Alimony Division of Property Business Allocation What Does a Mediation Process Look Like? Each mediator will run the process slightly different.  Many mediators will want to meet with each party individually before the process begins.  This allows them to learn about the case and the party.  It helps the mediator to develop the background information they need to make the process fair. During the process the mediator will determine where you and the other party(s) agree and disagree.  Areas where you agree will be taken care of quickly while others might require documentation and negotiation.  The mediator will guide the parties through the negotiations.  Part of their job is to come up with unique resolutions to conflicts. When is Mediation Used? Mediation is used in most divorce cases to determine the division of physical and monetary assets along with custody of children.  In many counties in Texas you will be required to attempt mediation before you are allowed to take asset division to court. Travis County is an example of a county that requires mediation.  However, it only requires […]

Divorce And The Mediation Process