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Can I Get a Divorce to End My Common-Law Marriage in Texas?
Common-law marriage is a legally recognized form of marriage in Texas that can have significant implications for property division in a divorce. Unlike traditional marriages requiring a marriage license and a formal ceremony, common-law marriages are formed through the actions and intentions of the couple.
There are some unique rules and guidelines in Texas for common-law marriages that could impact how assets and debts are divided in the event of a divorce. If you and your common-law spouse are considering separating, speak with an Austin, TX family law attorney to understand how it might affect your property and assets.
What Does Common-Law Marriage Mean?
Texas is one of the few states that recognizes common-law marriages, but all couples who live together do not automatically qualify as being in a common-law marriage. To be considered legally married in Texas without a formal ceremony, the following needs to happen:
What Is the Difference Between Divorce and Annulment in Texas?
When a married couple in Texas wants to break up, there are two options they can consider: divorce or annulment. Both processes result in the marriage being legally terminated. Divorce is the legal process of ending a valid marriage while annulment declares the marriage invalid, and voids it. If you are ready to end your marriage and unsure which process suits your situation, an experienced Austin, TX family law attorney can advise you.
What Are Acceptable Grounds for a Texas Divorce?
In Texas, you can file for either fault-based divorce or no-fault divorce. If you choose to file for a no-fault divorce, the only acceptable grounds are that the couple has irreconcilable differences, and there is no need to specify how exactly the marriage has irreparably broken down. Fault-based divorces can be granted when one spouse is guilty of actions like adultery, cruelty, or abandonment.
How Are Family Pets Handled in a Texas Divorce?
One question that can be difficult to answer during a divorce is what will happen with a family pet. Does one spouse have more of a claim to the pet than another? What happens when both have a close relationship with the pet, have been responsible for its care, and want it to live with them? Is a pet treated like property to be handled in the division of assets or like a family member who needs a custody agreement? To learn more about what might happen to your beloved pet in your divorce, speak with a knowledgeable Austin, TX family law attorney who can help you understand your options.
Does Texas Acknowledge Custody For Pets?
While there are some states that acknowledge pet custody, Texas is not one of them. Instead, according to Texas law, pets are considered personal property. They are dealt with similarly to furniture, cars, and other objects. While Texas courts examine whatever is in the best interest of a child regarding custody, pets are treated as a marital asset. Although pets are considered beloved members of the family in some households, the truth is that they are legally categorized as property. Therefore, Texas courts will not mandate any type of plan for spouses to divide their time with the pet.
How Is Alimony Calculated in Texas?
When a couple goes through a divorce, spouses are often concerned about how they will manage financially once their assets and properties are divided. One way for people to cope with this challenging transition is through alimony, which is officially known as spousal support. This is a court-ordered form of financial assistance paid by one former spouse with more means to the other. Speak with an experienced Austin, TX divorce lawyer to discuss your options for alimony.
Who Is Eligible for Spousal Support in Texas?
According to Texas law, there are specific conditions that need to be met before someone can be considered eligible for alimony payments. The first requirement is that the person requesting alimony needs to prove he or she cannot cover their minimum expenses independently after divorce. If that can be demonstrated, one of the following also needs to be true:
Will My Texas Business Suffer Because of My Divorce?
Couples usually find that divorce affects many different aspects of their lives. There are the more common issues people are familiar with, like splitting custody or moving out of your home, along with some less expected issues, including when one or both spouses own a business that needs to be divided.
Will spouses continue working together after the marriage ends? Will their business relationship need to change? Is this handled differently for small mom-and-pop shops than it might be for a large corporation? For these and other questions, speak with a knowledgeable Austin, TX asset division attorney.
What Happens with Businesses in a Texas Divorce?
Since Texas is one of the few states that still follows a Community Property model for dividing assets in a divorce, any business owned by either or both spouses will usually be split down the middle, all else being equal. However, there are additional factors taken into consideration beyond the value of the business alone. The following are situations that can make an equal division complicated:
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.
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