Domestic Violence

17 posts

DUI and conservatorship

Does a DUI Affect Custody?

Before your attorney can answer any of your conservatorship questions, you will first need to provide information about you, your marriage and your family. First, there’s the basics. This includes your name, address and basically every significant information about you. You will also need to provide names, ages and other information about your children and your soon-to-be ex-spouse. The reason why you need to provide these to your attorney is simple: without this vital information, your attorney and the staff of the law firm won’t be able to prepare anything for your case. Or they could prepare for your case, but you can’t expect them to be able to do any proper preparation without this information. It’s like going to war. Your legal team can go to war, yes, but without ammunition. Your attorney may also ask about any dark secrets you make have. The worst time for the skeletons in your closet to come out and haunt you is when you are fighting for conservatorship during your divorce. Your spouse is probably the person who knows you the most. If there is anything he or she can use against you in court, it’s best to let your attorney know […]

factors of divorce

Divorce Components

The different components of a divorce are worth thinking about individually. Sometimes it is easier to break a big issue down to the individual components, because trying to handle it all at once is too much. In everything that you face in life, proper evaluation is necessary so that you can prepare and react appropriately. Sometimes, it is easy to conclude that a certain thing is impossible to accomplish or conquer when you are just evaluating it from one aspect. However, viewing it from different sides and studying each factor would make you realize that it’s not impossible to deal with it successfully. In fact, it is much easier to handle a gigantic thing when you deal with it one little piece of it at a time. This can also be your mindset towards divorce. Now you are probably wondering what are the smaller factors that constitute this huge, intimidating thing called divorce. You might have heard about many different factors of divorce from your friends, but not all of those apply to you because each situation is different. There are a few of it that applies to almost all divorce cases though. Check out these relevant factors of divorce […]

proprty division in a texas divorce

Property Division in a Texas Divorce: It’s Not Just About the Money

Any divorce consists of many separations, such as property division – not just a break up of a couple. These days divorce is happening virtually everywhere, and you probably have at least one friend or family member who has gone through it. For sure, you would have heard issues they’ve experienced regarding property division. Most people typically skip the boring parts and stories such as in cases of peaceful, no-fault divorce cases. Instead, people love to talk about cases wherein the couple completely battled it out at court, cases full of scandals and such. Therefore, you might have heard of couples getting a divorce and fighting over children and property. These two makes it to the top of the list of the most important subjects in a divorce case. Children are obviously the most important, but nobody wants to get out of a divorce with nothing save for the clothes on their backs. After all, both spouses have the right to the properties obtained during the divorce. When you’ve spent almost half of your life listening to these types of stories, and now you are about to go through a divorce, you might feel terrified. Property division can intimidate anyone. […]

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 […]

Where Do You File For Divorce and What to Do After Filing

The decision A divorce isn’t a process that a lot of people know much about before they begin and there tend to be a lot of questions.  The first step of a divorce is to file for divorce, or rather to petition the court for a divorce.  I will go into that briefly before answering one of the biggest questions, where do I file for divorce?  You  can  find more information about it elsewhere  on our blog as well. Filing For Divorce Filing for divorce is the process during which you submit paperwork to the court stating that you are seeking a divorce.  This is called the Original Petition For Divorce.  Essentially this states the reasons for which you are filing for divorce and what you are asking the court to do.  Texas offers several different types of divorce and you can read about those on our blog. At this stage, you can also request a temporary hearing to determine various issues that need to be decided while the divorce is pending as well as a temporary restraining order in regards to the parties behavior during the case. Many counties include a number of these temporary injunctions as part of […]

US Supreme Court Building

The Basics of Filing for Divorce in Texas

Going through divorce is a long and complicated process it doesn’t help that it happens to be one of the most emotional times of many people’s lives.  It is also a process that has been stigmatized for years.  As such, not everyone knows too much about the process. To help you better understand the process of divorce in Texas we have created this quick guide about filing for divorce. Mandatory Texas Residency Like with many states, Texas has a requirement for residency in order to file for divorce.  At least one party in the divorce must have resided in Texas for at least 6 months before filing. There is an additional requirement that you must have lived in your county for at least 90 days.  This prevents people from attempting to file from out of state using the Texas courts. Grounds For Divorce In most states, there are two different types of divorce that you can file for.  These are at fault and no-fault.  Texas is a mixed state, meaning that they will hear cases for both at fault and no-fault divorces. No-fault divorces are the most common cases that Texas courts hear.  It means that there is no blame […]

A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]

No fault divorce courtroom

No-Fault Divorces In Texas May Become Harder After New Bill

In Texas, a no-fault divorce is the default mechanism to request a divorce.  Officially by Texas law, a no-fault divorce is when there are conflicts between two parties that could not reasonably be overcome.  In reality, it is simply the type of divorce two people seek when they are looking to get out of a marriage, and serves as a mechanism to ending a marriage with the least amount of drama. It also provides an avenue for victims of abuse to leave a marriage without a burden of proving anything beyond that the marriage itself is unsustainable. State Representative Matt Krause is attempting to pass two bills in 2017.  The first bill increases the amount of time that two people must wait before a divorce is finalized.  This is in an attempt to get a couple to work out of their problems, instead of a divorce. The second bill that Rep. Matt Krause is putting forward will make it hard for all people to get a divorce.  This bill would make divorce only possible for criminal reasons such as abuse and adultery.  While Mr. Krause states he isn’t trying to deter people from getting divorces, he also says he hopes […]

CPS Parent Resource Guide

CPS Parent Resource Guide Part 14: Moving Forward

  How to Move Forward If Your Child Is Not Coming Home   First and foremost, remember that you are not alone in this matter. Losing a child is the hardest thing a parent could go through, whether you voluntarily agree to give up your parental rights, or you go to court and a judge sees fit to take away your parental rights.   It is vital to your mental health to find a support system of people that can help care for you and support you. You might feel as if you have failed as a parent and this can be hard to admit to someone else. Feel free to also reach out to your community religious leader if you are religious.   Additionally, take time to take care for yourself. Your physical health and mental health are related. You are mentally and emotionally stronger when you exercise, eat right, drink water, hang out with positive people, and avoid harmful relationships. If you can afford it, consider taking up counseling, and you can ask your CPS worker and/or lawyer for help in finding in a therapist and to see if CPS will pay for this support.   Remember that […]

CPS Parent Resource Guide

CPS Parent Resource Guide Part 13: Special Topics Part 3

Parents Who Are Undocumented Immigrants   The most important thing to remember is the CPS (child protective services) does not deport parents or their children. CPS is not an immigration agency of the United States. Children and their families are given the benefits, protection, and care of CPS whether or not they are here legally.   However, if a child who is not a U.S. citizen is brought into CPS custody, and is here illegally (undocumented), then the home country will be notified. This is a legal requirement and does not apply only when the child is a citizen of another country AND a U.S. citizen.   Be sure to always give accurate statements, as well as to cooperate with CPS as much as possible, in order to obtain all the benefits and protections that you are rightfully entitled to as an undocumented immigrant with CPS. Finally, remember that the CPS is not an immigration agency and cannot deport you or your child. Parents With Native American/Indian Heritage   The Indian Child Welfare Act (ICWA) is a federal law that protects the best interests of Indian children. If you know or think your child has some Native American/Indian heritage, tell […]