Posted on July 15,2017 in Complex Divorce

Many couples who wish to end their marriage do not have to obtain a divorce, but can instead file for an annulment. However, there are only a few specific justifications for annulling a marriage, one of which is that one of the parties was underage at the time of the marriage. Filing for an annulment is complicated, so if you have questions about annulling your marriage or the marriage of your underage child, it is important to contact an experienced divorce attorney who can explain your legal options.

Underage Marriage

Until recently, Texas law allowed parents to consent to the marriage of their child as long as the minor was at least 16 years old. This was true even if one of the child’s parents did not consent to the marriage. Furthermore, a parent could consent to the marriage of a child of any age as long as a judge approved. Governor Abbott recently signed a new bill into law which prohibits people who are under the age of 18 years old from getting married unless they are emancipated minors. In Texas, minors are only permitted to file for emancipation if they are 16 years old, so now the youngest age that a person can get married in Texas is 16 years old.

Continue Reading ››

 Posted on July 11,2017 in Child Custody

Last month, a new law was enacted that will change how child custody evaluations are undertaken in the state, while also providing protection from liability to third party evaluators. These evaluations are often necessary before courts make child custody determinations and so can have serious implications on a court’s decision. To learn more about what child custody evaluations entail, please contact an experienced complex child custody attorney who can address your concerns.

Ordering a Child Custody Evaluation

Under the new law, the court can order a child custody evaluation regarding:

• A child;
• A party to the suit; and
• The residence of any person requesting custody.

Once a decision has been reached, the order for a child custody evaluation must include specific information, such as:

• The name of each party who will conduct the evaluation;

Continue Reading ››

 Posted on July 04,2017 in Complex Divorce

A recently introduced bill could have a substantial impact on what courts are permitted to include in temporary orders during a family law dispute. The bill has not been passed, but is currently being reviewed by one of the House of Representatives’ committees.

Temporary Orders

Under current law, courts are permitted to grant temporary orders during appeals of family law matters. These orders can direct one or both parties to:

• Support the other spouse;
• Pay the other party’s reasonable and necessary attorney’s fees and expenses;
• Appoint a receiver for the preservation and protection of the parties’ property; and
• Award one spouse exclusive occupancy of the parties’ residence.

If passed, HB 1617 would also allow courts to grant a temporary order that:

• Enjoins one party from wasting or transferring the property awarded to the other spouse; or

Continue Reading ››

 Posted on June 30,2017 in High Asset Divorce

A survey by the National Endowment for Financial Education found that 30 percent of spouses have been deceptive about money with their spouse, and almost 60 percent admit to hiding money from them. Considering these statistics, it is not surprising that one of the most contentious issues in a divorce is the division of assets. It is not uncommon for one spouse to try to hide assets from the other in order to avoid sharing those assets.

When couples are dissolving their marriage, they are required to provide financial affidavits to the court which reveal any assets they have. Although providing false information to the court is illegal, many spouses would rather take their chances and lie about their assets so they do not have to share them with their soon-to-be ex-spouse. If you are going through a divorce and think that your spouse is hiding assets from you, there are steps that you and your high asset divorce attorney can take in order to find those assets, including:

Continue Reading ››

 Posted on June 21,2017 in Complex Divorce

The records of most civil cases in Texas are available to the public. However, it is possible for parties who are going through a divorce to have certain information kept private. To learn more about your confidentiality rights, please contact an experienced complex divorce attorney who is familiar with the court procedures required to keep your personal information safe.

Restricted Documents

Although most divorce records are available to the public, some divorce-related documents can be marked as restricted if they contain sensitive data, such as:

• Birth dates;
• Social Security Numbers;
• Driver’s license numbers; and
• Other personal information.

If a document contains this kind of information, the party must include a notation at the top of the pleading stating that the records contain sensitive data. Although this does not mean that a record will be sealed, it will help keep it from being posted online.

Continue Reading ››

 Posted on June 14,2017 in Child Custody

In Texas, couples who make the decision to file for divorce have the option of coming to an out of court agreement about child custody and visitation issues. Although all parenting plans must be approved by the court prior to the conclusion of the proceedings, this still allows parents to create a schedule that meets the needs of all parties, especially the children. When the parties are unable to come to an agreement, however, visitation matters will be decided by the court, which can leave everyone dissatisfied. Having the advice of an experienced family law attorney can make all the difference in whether parents are able to reach an agreement outside of court, so if you are considering a divorce and have questions about visitation rights, it is necessary that you reach out to an experienced complex child custody attorney who can assist you in protecting the interests of both you and your children.

Continue Reading ››

 Posted on June 08,2017 in Complex Divorce

Although filing for divorce is always a complex and emotional process, it can be even more difficult when one of the parties cannot be located. In these situations, the party petitioning the court must comply with specific procedures, so if you are considering filing for divorce and do not know where your spouse currently lives, it is critical to speak with an experienced complex divorce attorney who can help explain your next steps.

Filing a Petition

Even when someone does not know where his or her spouse is currently living, it is still necessary to take the following steps:

• Draft and file a petition for divorce;
• Pay the court filing fees; and
• Attempt to serve the petition on the other party at his or her last known address.

However, if after attempting to personally serve the other party, the filing spouse is still unsuccessful, it is possible to try other methods of notification.

Continue Reading ››

 Posted on May 24,2017 in Complex Divorce

Court orders are legally enforceable, which means that if a parent fails to comply with their terms, he or she can be held accountable by the court. Generally, this is achieved by filing a motion for contempt or a motion for enforcement by the wronged party. Filing these motions requires compliance with specific procedural rules, so if your ex-spouse is failing to abide by the terms of a court order by refusing to pay child support or spousal maintenance, you should contact an experienced complex divorce litigation attorney who can explain your legal options.

Filing a Motion for Enforcement

When a party is failing to abide by the terms of either a temporary or permanent divorce-related order, the other person can file a motion for enforcement. However, a court will only approve a motion for enforcement if it contains specific information, including:

• The provisions violated by the other party;

Continue Reading ››

 Posted on May 17,2017 in Child Support

Whether the terms of a child support order were determined by a judge or a couple came to an agreement outside of court, each spouse is legally required to comply with the order. Parental responsibilities are taken seriously in Texas, so failing to pay child support can have serious consequences, including wage garnishment and jail time. In fact, a recently implemented program now prohibits parents who are behind on child support payments from renewing their vehicle registration. Whether you are having trouble meeting your child support obligations or are trying to enforce a child support order, it is critical to have the advice of an experienced complex divorce attorney who can explain your legal options.

Office of the Attorney General

All child support orders must be registered with the state’s Office of the Attorney General (OAG), which oversees and enforces child support obligations across the state. When a person falls behind on payments, the OAG can withhold a percentage of his or her paycheck until the amount has been paid. The OAG is also permitted to collect past due child support by seizing the parent’s liquid or cash assets, including the contents of a bank account. The OAG can also take the following steps:

Continue Reading ››

 Posted on May 10,2017 in Complex Divorce

Divorce can be a complicated, stressful, and truly difficult time for those involved, especially when one or both parties are or were formerly members of the military. Recent changes to the Uniformed Services Former Spouses’ Protection Act (USFSPA) further complicates how assets will be divided in divorces where one of the parties is a member of the military. To learn more about how these changes could affect your or your family, it is crucial to speak with an experienced complex divorce attorney who can explain the potential repercussions.

Disposable Military Retired Pay

According to the USFSPA, state courts are permitted to treat disposable military retired pay as divisible property during a couple’s divorce. Although the law authorizes state courts to make this division, it does not require it and does not provide a formula for division. However, the law does provide a mechanism that enables former spouses to enforce an award by receiving direct payments from a member’s retired pay.

Continue Reading ››