Posted on August 30, 2021 in Complex Property Litigation

If you have been seriously injured in an accident, you may rely on compensation from a personal injury claim to provide relief for your ongoing medical expenses, lost wages, and pain and suffering. Going through a divorce while you are still suffering from the effects of an injury can be especially difficult, and you may be concerned that you are at risk of losing a large portion of this compensation to your spouse in the division of assets. If you find yourself in this situation, it is important to work with an attorney who can help you manage the legal complications of your divorce case and protect your financial resources.

Is Injury Compensation Considered Community Property?

In a Texas divorce, the couple’s community property must be divided, while each spouse is able to keep their own separate property. Community property usually includes any assets acquired by a spouse during the marriage, while separate property includes assets acquired before the marriage. As such, if you suffered an injury and resolved your claim before getting married, you are likely entitled to keep the full amount of the compensation you have been granted.

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 Posted on August 24, 2021 in Complex Divorce

In recent years, many states have eliminated the option to file for divorce on fault-based grounds and transitioned entirely to no-fault divorces on the grounds of irreconcilable differences. In Texas, however, no-fault divorce and fault-based divorce both remain options. If you or your spouse chooses to file for a fault-based divorce, you should be sure to understand how this can affect the outcome of your resolution.

Fault-Based Grounds for Divorce

In order to file for a fault-based divorce in Texas, the filing spouse must be prepared to demonstrate that one or more of the following has occurred in the marriage:

• Adultery - This means that a spouse has engaged in some sort of extramarital affair. The Texas Family Code used to specify valid defenses to a divorce on the grounds of adultery, but these defenses are no longer available except in rare cases in which reconciliation may be possible.

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 Posted on August 13, 2021 in Child Custody

For parents who share children under the age of 18, child custody decisions are central to the divorce process. In general, this is true for both biological and adopted children, though adoptive parents may be especially concerned about protecting their parental rights if they are uncertain how Texas law applies to these cases. If you need to address the custody of your adopted child, an experienced family law attorney can help you understand your rights and options under the law.

Texas Adoption Laws

To understand how your child custody case may be handled, it is first important to understand a few key facts about adoption in Texas. First of all, adopting a child gives the adoptive parent all of the same legal rights and responsibilities as a biological parent. Secondly, married couples are required to petition for adoption together. This means that if you adopted a child together during your marriage, you and your spouse have the same rights and responsibilities as each other. This gives both of you the standing to pursue custody during your divorce.

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 Posted on August 06, 2021 in Child Support

Providing financially for a child’s basic needs is not only an important responsibility for parents, it is a legal obligation. When parents are divorced or unmarried, this obligation must be formalized in a child support order that typically requires one parent to make regular payments to the other. When the paying parent fails to fulfill their obligation, they may face a variety of serious consequences.

Penalties for Late Child Support Payments

In Texas, when a parent fails or refuses to make a scheduled child support payment, an enforcement action may be initiated by the receiving parent or the Texas Office of the Attorney General. Depending on the circumstances, the paying parent could face one or more of the following consequences:

• An order to pay arrearages and interest - A parent who is delinquent on child support payments remains responsible for the full amount of past-due payments. Child support arrearages also accrue interest until they are repaid.

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 Posted on July 28, 2021 in Spousal Support

In Texas, spousal support is an option in relatively few divorces. State law puts substantial limits on the types of circumstances in which maintenance is warranted, and when the court does include maintenance in a divorce order, it is usually only for a limited time. Both paying and receiving spouses can better prepare for the divorce and its aftermath by understanding when spousal support payments may terminate.

Texas Spousal Maintenance Order Durations

Texas courts will determine the specific duration of maintenance according to the facts of each individual case, but there are maximum cut-offs in place based on the length of the marriage and the reason why spousal support was ordered. For example:

• There is a maximum five-year duration when the marriage lasted between 10 and 20 years. If the receiving spouse is a victim of spousal abuse, they can receive maintenance for up to five years even if the marriage lasted less than 10 years.

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 Posted on July 23, 2021 in Complex Divorce

Life can be full of challenges for military families, including frequent relocations and extended absences for spouses and parents. When a military marriage fails, the family can also face unique challenges throughout the divorce process. Whether you are a service member yourself or you are married to one, you should be prepared for the possible effects on asset division, child custody, and other divorce-related issues.

Effects on Divorce Proceedings

Most couples who want to file for divorce in Texas must first meet a residency requirement, with at least one spouse having been a Texas resident for at least the last six months. However, military couples can instead qualify based on a spouse’s temporary stationing for military service in Texas. An attorney can help you determine whether you are eligible to file, and in what county you should do so.

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 Posted on July 14, 2021 in Child Custody

In Texas, child custody cases run the gamut from hotly contested legal disputes to amicable, mutual agreements, and everything in between. As a parent, you should know that any child custody matter comes with its own set of challenges. While a joint custody agreement may not be as emotionally draining and stressful as a contested custody trial, you can still benefit from the representation of an experienced family law attorney who can help you protect your children’s interests.

Establishing a Joint Managing Conservatorship

Under Texas law, there are several possible custody arrangements between parents who are unmarried or getting divorced. In some cases, one parent may be granted sole custody and visitation rights. In others, one parent may have primary decision-making authority regarding the child, while the other parent has scheduled visitation. However, the most cooperative custody arrangement is known as a joint managing conservatorship.

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 Posted on July 09, 2021 in Complex Property Litigation

When a couple’s assets are divided in a Texas divorce, there is an important distinction between community property and separate property. Community property refers to most assets acquired by one or both spouses during their marriage, and both spouses have a claim to it in the divorce. Separate property refers to assets that belong to just one spouse, usually those that were acquired before the marriage.

Though your spouse does not have a claim to a portion of your separate property during the divorce process, this property can still impact the terms of your divorce resolution in other ways. For example, you may need to prepare for your spouse to claim reimbursement for any contributions they made.

When Can a Spouse Claim Reimbursement?

According to Texas law, there are several situations in which a spouse may have a claim for reimbursement for contributions made to the other spouse’s separate property. Some of the most common include:

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 Posted on June 27, 2021 in Complex Property Litigation

Texas law treats most assets acquired during a marriage as community property, meaning that both spouses have an ownership interest. If you are getting divorced, you may be concerned that this means that you will have to divide all of your assets in half, possibly even requiring you to sell some of your property to make this possible. You should know that although there are times when selling your property is necessary or desirable, there are often alternatives that may better suit your needs.

How Is Property Divided in a Texas Divorce?

Understanding Texas laws regarding the division of marital assets can help you determine whether you may need to sell some of your property. Texas courts operate under a general rule requiring the “just and right” division of community property. If the decision is left up to the court in a contested divorce, you may be ordered to sell property to achieve a just distribution. However, you can also negotiate a fair agreement with your spouse that minimizes the amount of property that must be sold.

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 Posted on June 21, 2021 in Family Law

In Texas, victims of domestic violence, as well as those who are at risk of domestic violence, can apply for help in the form of a protective order against the person who may cause them harm. A protective order granted by the court can impose many restrictions on a person’s behavior, including barring them from committing future acts of violence, communicating with or going near the person under protection, or even staying in their residence. In most cases, the court will hold a hearing with both parties to determine the appropriate restrictions. However, the court can sometimes issue a protective order ex parte, meaning without a hearing.

When Will a Texas Court Grant a Protective Order Without a Hearing?

If you are at risk of imminent violence, it may be unsafe and unrealistic for you to wait for a hearing before a protective order goes into effect. Providing notice to the other party of your petition for protection could even put you at greater risk. If you find yourself in such a situation, you can petition for a temporary ex parte protective order. You will still need to make your case to the court, either in writing or in person, that the order should be granted, and you will need to show that you are in “clear and present danger” of suffering harm. If your petition is successful, the order will take effect immediately upon the court’s approval.

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