Marriage

41 posts

Parenting and the Right of First Refusal

Parenting and the Right of First Refusal

Parenting can be tough when you are undergoing a divorce as well as it is after a divorce. As a parent, you would want to be in a good co-parenting relationship with your ex-spouse once the divorce is finalized. You are probably aware that the toughest elements of the divorce are being felt by your child the most. Your child might understand more than what he or she lets on. It is your responsibility to deal with issues with your spouse so you can both be good parents to your child despite the divorce.   Right of First Refusal   When you are finalizing your divorce, you are probably negotiating with your soon-to-be-ex-spouse about many things concerning your family, especially child support and custody issues. You need to be aware that whatever you agree to during this period will be used as the standard of how you get on with your lives after the divorce. When the orders about your children in your Final Decree rolls out, you must know that this will be what you need to follow until your child’s 18th birthday. You and your spouse will have to concede certain issues to each other until you can […]

community property division in Texas

Splitting Community Property in Texas

Getting a divorce calls requires splitting community property – this means taking all of the community property you and your spouse own and dividing it up accordingly. Of course, you also each have your separate property which you will have to determine and announce separately in court. It’s the jointly-held property that can get a little complicated during the divorce. Who gets to decide regarding the division of your community property? Making the Decision in Splitting Community Property There are only three people who can make that decision. First, you and your spouse – if you decide to forget your ill feelings towards each other (if you have any), team up and make a rational decision about splitting community property that you own. Second, the judge in the court where you filed for divorce can make a decision in splitting community property instead of you and your spouse. You might be surprised to know that a majority of divorce cases and community property division is often wrapped up with mediation rather than a bawl in the courtroom. Mediation is the process that you and your spouse should strongly consider if you want to settle your community property issues outside of […]

arguments and marriage

Are Your Arguments Leading to a Divorce?

If your marriage is on the rocks, it’s possible that you have already considered getting a divorce at least once. In thinking about a divorce, you must have several reasons why you’re even considering it. It’s likely that there’s either you have arguments regarding trust or infidelity or money issues that would push you over the brink. If you are in the middle of such issues, it might be difficult for you and your spouse to consider any other option to save your marriage. Things might get too tough that the only thing you can think about is getting a divorce. In marriage, it is almost impossible for the couple to not ever fight. Family lawyers generally see more of these fights than any other professionals. We see married couples fighting about all sorts of things, some of which eventually lead to an unfortunate breakup that tears a once-happy family apart. Often these fights range from one spouse accusing the other of infidelity and other fights are more about the finances and some fights are even about trivial stuff like who should do the dishes. What kind of fights should you look out for if you’re looking for signs of […]

post-nuptial agreement

What a Post-Nuptial Agreement Can Do For Your Family

In case you’re wondering what a post-nuptial agreement is, it’s basically just like a pre-marital agreement. The only difference is that pre-marital ones are signed before the marriage and post-nuptial ones are signed after the wedding. Usually, the motivation between a prenup agreement and a post-nuptial agreement are not the same. In Texas, you are allowed to sign a post-nuptial agreement that includes part or all of your community property. The separation of one spouse’s income or both spouse’s income is commonly a part of such agreements as well. This means that when you sign the agreement, you agree that your spouse’s income will be his or her separate property and your income will be yours as well. Furthermore, this means that if a divorce were to occur, your spouse will not be able to claim any part of that income. If you sign a prenup or a post-nuptial agreement, the court will not try to ‘meddle’ in your affairs at the time of your divorce, if you were to divorce. Turning Separate Property Into Community Estate If you want your separate property to be a part of your community property, you can also specify this condition in your pre-nuptial […]

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 […]

prepare and complete divorce successfully

How To Prepare for and Complete Your Divorce Successfully

It takes a lot of preparation and information if you want to divorce successfully. We have previously discussed many times the preparation and the possible issues you should prepare for when you deal with a divorce. If you want to complete a divorce successfully, you also need to absorb a lot of useful information in case you need it sometime later. You can read through this article for our complete guide. We have also included links to detailed articles for your reference. First, you need to find a good lawyer who can be on your side and who would fight for you until you complete your divorce successfully. You also need to familiarize yourself with the issues that might arise during the divorce so that you can make ample preparations. 1. Finding the right Attorney Finding the right attorney is all about knowing what qualifications you should look for. You also need to have a budget of up to how much you’re willing to pay so that you can look for an attorney whose fees are within your means. Make sure not to hire someone just because of money though. If they’re too cheap or too expensive, it won’t do […]

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 […]

child support guideline

Guideline Child Support in Texas

Most people who are undergoing a divorce worry about the child support guideline. When child custody is an issue, it’s common for parents to wonder how much child support is imposed by the state of Texas on a monthly basis. The The Rights and Duties of Texas Parents vary by case. If you are the parent who stays with the child and provides care regularly, you would surely be concerned about the amount you receive for child support. It’s easy to worry that the amount you will receive will not be enough for the needs of your child. If you are the parent who needs to pay child support, your main concern should be all about how the ordered amount will be too big for you. You must be worried right now that the amount the court will ask you to pay would be difficult to come up with monthly. Must-Know Facts About Modifying Child Support in Texas The State of Texas has a set amount of child support that the parent who doesn’t have the custody of the child needs to pay monthly. This needs to be paid to the parent who has the custody of the child. There will […]

rights and duties of Texas parents

The Rights and Duties of Texas Parents

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 […]

meet divorce attorney

How to Prepare to Meet Your Divorce Attorney for the First Time

A divorce attorney is who you need next once you have decided that you are going through with the divorce you’ve been thinking about for a long time. You will want to speak to an attorney as soon as possible to discuss your divorce plans. There are many family law attorneys you can contact, and most consultations are free. You need to look for a divorce attorney who knows how to put you at ease. After all, a divorce is a serious matter and you’d have to deal with many uncomfortable things, so you need an attorney who can make you feel comfortable. Since you are planning to meet a divorce attorney for the first time, it is reasonable to think about the kind of preparation you need to do in order to ensure that your first meeting will go smoothly. There are definitely things you can try to prepare to have a more efficient discussion on your first meeting, but not preparing these things does not mean that your meeting would be a complete failure. It’s just that with these prepared before your first meeting, your attorney would be able to easily address your concerns and make the necessary plans […]