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Recent Blog Posts
If I Get Divorced in Texas, Will I Get to Keep My Home?
As soon as a couple decides to get a divorce, they immediately need to begin thinking about how it will impact their lives. Whether they have children and need to figure out how they will divide custody or there are assets that they need to split, there is a long list of issues they need to address.
One of the questions couples are most commonly concerned about answering is who will end up staying in their home. There is no automatic answer, and it is up to each couple to decide what makes the most sense for their situation. If you are considering divorce and have questions about how the division of property is decided, speak with an experienced Travis County, TX family law attorney to learn more.
How Is Property Divided in a Texas Divorce?
Texas is a community property state, which means that anything acquired by a couple while they are married is considered owned equally by both spouses. That also means that all their property, assets, and debts included in the marital estate are to be divided 50/50 in a divorce. This is the case for everything except:
Can My Ex Move Out of Texas with Our Child?
When parents get a divorce, one of the most difficult issues to address is custody. Who will be responsible for the child from a practical and legal perspective? Who will be able to make important decisions that affect the child? In Texas, even if a child has one custodial parent that she lives with, the other non-custodial parent is still generally entitled to some decision-making responsibilities. Whatever the arrangement may be, it is always made with the child's best interests in mind and to promote a healthy relationship with both parents. But what happens when the custodial parent wants to move out of state with the child? While this article covers that topic, you should speak with a skilled Austin, TX family law attorney if this is happening to you.
How Do Texas Courts Determine Child Custody?
As with all matters that can affect a child, custody is decided based on what the court considers in the child's best interest, with a preference for promoting solid relationships with both parents. In addition to examining the child's needs and the parent's ability to meet them, the court considers:
Can I Prove That My Texas Prenup Is Invalid?
While all couples are different and some manage to work together in their divorce to create a settlement they can both feel comfortable with, the idea of dividing up assets and financial responsibilities is stressful for anyone. Knowing this, people often sign a prenuptial agreement before they get married to help ease that stress in the hypothetical future situation of getting divorced.
However, some people are pressured or manipulated into signing a prenup that does not represent them and their interests fairly. Fortunately, Texas law has a set of conditions a prenup needs to meet for it to be considered legally valid and binding. If you are concerned that you signed a prenup that does not protect you, speak with an experienced Austin, TX family law attorney for guidance.
Marital Assets in Texas
When a couple gets married, anything they own is divided into two categories:
Reasons to Establish Paternity in Texas
When a husband and wife have a baby in Texas, they are automatically considered the baby’s parents. There is no need to go through any tests or make any declarations. If an unmarried couple has a baby, the woman who gives birth is automatically registered as the baby’s mother, but the father is not automatically recognized as such, even if they are a couple and he has been involved throughout the pregnancy and at the birth.
To be recognized as the father of a baby born out of wedlock, you need to establish your paternity. This is a process that essentially proves that you are the father. There is some confusion about what exactly this will require from you and whether it is worthwhile. This article will explain why you might consider establishing your paternity. If you have more questions, a knowledgeable Austin, TX family law attorney has answers.
How Do You Establish Paternity in Texas?
In Texas, there are two options for establishing paternity:
Custody Disputes and Parental Control over Social Media Usage
Texas recently enacted a law giving parents authority over their children's social media usage and requiring parental approval before a child can create their own accounts. The newly legislated ability to restrict their child’s online behavior, monitor their accounts, and set usage limits is meant to address concerns about the mental health and online safety of young people. However, it adds another layer to custody disputes for divorced parents who disagree about this but share decision-making responsibilities. If you and your ex do not see eye to eye on your child’s online profiles, speak with a knowledgeable Austin, TX family law attorney to learn more.
How Does the New SCOPE Act about Parental Control over Social Media Use Include?
Officially called the Securing Children Online through Parental Empowerment (SCOPE) Act, this new law enables parents to compel social media companies to give them access to their children’s accounts. They can also enforce restrictions on how much time their children spend online and the content they can view.
Can I Make My Ex Pay Me Child Support if He Gets Fired?
When parents get divorced, it can be extra challenging because instead of simply breaking up with each other, they need to create a court-approved plan for how they will continue working together for their children’s benefit. One of the main issues divorcing parents need to finalize in their divorce settlement is child support: who will pay it and how much will they pay? Child support can be an incredible lifeline to parents who find themselves taking over the majority of child-rearing responsibilities and the costs that go along with them.
However, child support payments are determined based on the child’s needs and both parents’ ability to financially cover them. Like all things in life, the parents’ financial situations can change unexpectedly. If, for example, your child support arrangement is based on your spouse’s monthly salary at the time of your divorce and he suddenly gets fired, what should you do? This article will examine that scenario. For more information, speak with an experienced Austin, TX family law attorney.
Divorce is Increasing for Those Over 50 | IL
According to the most recent national statistics, approximately 40 percent of the people getting divorced these days are 50 years of age or older. Even more surprising is that the divorce rate for couples over the age of 65 has now tripled. Many of these couples are no longer willing to remain in unhappy marriages with retirement just around the corner.
While every divorce has issues that need to be addressed, issues in a "gray divorce" can be different than those of a younger couple or one who has been married for a shorter period of time. This is one reason why it is important to have a seasoned Texas divorce lawyer advocating for you and making sure your financial future is protected.
Why the Increase in Gray Divorce?
It is estimated that one out of every two women and one out of every three men currently in their fifties will live to be 90. About half of all married couples currently in their fifties will have at least one spouse who will still be alive at the age of 92. Americans are living longer, but along with that longevity, there is an almost 65 percent increase in gray divorce. Some common factors that lead to these breakups include:
Should I Have a Sunset Clause in My Texas Prenup?
While every engaged couple should consider a prenuptial agreement, they are especially important when either one or both spouses-to-be have substantial assets. A prenuptial agreement can eliminate the acrimony and contentiousness that are part of many high-asset divorces since the contract already stipulates how the division of assets and property should be addressed.
If you are planning on signing a prenup, one issue that will need to be addressed is whether or not a sunset clause should be included. The following is a brief overview of the pros and cons of sunset clauses. A Texas divorce lawyer can provide more information based on the circumstances of your situation.
What Is a Sunset Clause?
A sunset clause sets a specific date for when the prenuptial agreement will expire and no longer be valid. Some couples entering a prenup feel that if their marriage lasts for a certain number of years, it will probably last "forever," and they do not need the prenup any longer.
What Type of Schedule Can You Expect in Your Texas Parenting Plan?
One of the most critical things a Texas family lawyer must do for his or her clients is to stay informed of any changes that are made to Texas family law statutes. If an attorney is not well-versed in the most current laws, he or she is not able to provide clients with the legal representation they deserve.
The 89th Texas Legislative Session recently made significant changes to the parenting time schedules for custodial and non-custodial parents. The 2024 Texas Standard Possession Order is now in effect and requires a standard schedule for the majority of child custody situations, as long as this schedule is in the best interest of the child.
The schedules are broken into three different categories based on the distance between the co-parents’ homes. The following is a brief overview. For more detailed information and to learn how this schedule could impact your parenting time, call our office for details.
Is Parental Alienation After a Divorce Real?
Few people get through divorce without some emotional bumps and scrapes along the way. Dividing a shared life almost always involves serious disagreement, especially if spouses share minor children and even more so if spouses are angry at each other for perceived misbehavior. Despite their frustrations with their former spouses, most adults can see the situation rationally enough to understand that they should not be burdening their children with the drama, anger, and resentment of adult dynamics during and after a divorce.
Some people, however, cannot or will not protect their children from these difficult behaviors, while others actively use their children as a way to exact revenge after a nasty divorce. At Powers Kerr & Rashidi, PLLC, when our clients suspect their former spouses are turning their children against them, we take these concerns seriously. Not every suspicion turns out to be true, but if your ex is trying to alienate your child from you, you need to take action – fast. Read this blog to learn more about parental alienation and then call our experienced team of Texas child custody attorneys to find out what your options may be.
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