Posted on February 17,2017 in Prenuptial Agreements

While most people have heard of prenuptial agreements, many are unaware that couples can also enter into what are known as postnuptial agreements. Postnuptial agreements are written contracts that are entered into by two parties who are already married. Essentially, postnuptial agreements dictate how a couple’s assets will be divided in the event of death or divorce and so can significantly simplify divorce proceedings. However, not all postnuptial agreements are enforceable, so if you are considering entering into a postnuptial agreement or believe that yours does not meet state requirements, it is important to contact an experienced high asset divorce attorney who will aggressively represent your interests, whether during settlement proceedings or in court.

Dividing Marital Property

In Texas, all property obtained over the course of a couple’s marriage is community property and is usually split equitably between the divorcing spouses. However, if a couple does not have a prenuptial agreement, but does not want to leave the division of their property up to a judge, they can choose to draft a postnuptial agreement that arranges for the division or exchange of some or all of the community property. Furthermore, as part of the exchange, a couple may also agree that any income from the exchanged property will become the separate property of one spouse.

Continue Reading ››

 Posted on February 10,2017 in Child Support

Generally, parents are not required to pay child support once a child turns 18 years old, graduates from high school, gets married, or is legally emancipated. However, there is an exception to this rule when a child is disabled. In these situations, one or both of the child’s parents can be ordered to continue to provide child support payments, even after the child turns 18 years old or completes high school. It can be difficult to determine what constitutes a disability for the purposes of child support, so if you are divorced and your child struggles with a disability, it is critical to retain the services of an experienced child support attorney who can help you ensure that your child will be provided for in the future.

Eligibility for Child Support for an Indefinite Period of Time

In Texas, the court can order parents to provide child support for a child over the age of 18 years old for an indefinite period of time when the child:

Continue Reading ››

 Posted on February 03,2017 in Complex Divorce

Recently, a Texas legislator proposed a bill that, if passed, would make it much more difficult for couples to obtain a divorce in the state, so if you are considering a divorce and have questions or concerns about the filing process, it is important to contact an experienced complex divorce attorney who can help protect your interests.

Fault-Based Divorce

Texas has been a no-fault divorce state since the 1970s. This means that couples who wish to legally separate do not need to file for divorce based on the fault of one party. Instead, the parties can obtain a divorce based on the grounds of “insupportability," which does not require proof of fault. If passed, the newly proposed bill would require divorcing couples to assert that one of the parties was at fault for the divorce, which could include any of the following reasons:

• Adultery;

Continue Reading ››

 Posted on January 27,2017 in Child Custody

In Texas, family courts have specific rules regarding custody decisions when the children involved are under the age of three years old. Keeping track of the numerous court rules and procedures can be difficult, so if you or a loved one are considering a divorce and have a young child, it is critical to contact an experienced complex child custody attorney who can help protect the interests of both you and your child.

Necessary Factors

When determining which parent will have primary physical custody of a child under the age of three years old, courts are required to consider specific factors, including:

• The caregiving provided to the child both before and during the divorce proceedings;
• The effect on the child that could result from separation from either parent;
• The impact and influence of other individuals who will be present during periods of possession;

Continue Reading ››

 Posted on January 18,2017 in Child Custody

Stepparent adoptions can be the perfect way to complete a family and demonstrate dedication to a stepchild. However, the adoption process can be quite complex, so if you were recently remarried and are interested in adopting a stepchild, it is critical to contact an experienced complex child custody attorney who can explain your legal obligations.

Filing a Petition

In Texas, a person can petition the court to adopt a child if:

• The child lives in the state;
• One of the biological parent’s rights to the child have been relinquished; and
• The parent whose parental rights have not been terminated is married to the petitioner and the proceeding is for a stepparent adoption.

Terminating Parental Rights

In order for a stepparent adoption to take place, the parent of the child who is not married to the petitioner must give up his or her parental rights. Although the adoption may be in the child’s best interests, it can often be difficult to obtain consent. However, courts can take the matter into their own hands and order termination of the parent-child relationship if there is clear and convincing evidence that the parent:

Continue Reading ››

 Posted on January 11,2017 in Family Law

This year, a number of family law-related bills will be introduced in Texas. For instance, one new bill will make significant changes to the guidelines regarding access to grandchildren. This area of the law can be complicated, so if you have questions or concerns about your visitation rights with a grandchild, it is crucial to speak with an experienced complex child custody attorney who can explain your legal rights and obligations.

Filing a Petition

Currently, Texas law allows grandparents to request access to a grandchild by either:

• Filing an original suit; or
• Filing a suit for modification.

However, if House Bill 2084 is enacted, grandparents seeking access to grandchildren through modification of an existing child custody order must fulfill additional requirements. For instance, petitioners would also need to execute and attach an affidavit containing an allegation that denial of access to the child endangers his or her physical health or emotional well-being.

Continue Reading ››

 Posted on January 04,2017 in Family Law

In some cases, separating couples are not required to go through the time-consuming process of a divorce, but instead can obtain an annulment. However, courts do not grant no-fault annulments, which means that in order to obtain an annulment, a couple must demonstrate that a marriage was void or voidable. Although annulling a marriage can save time and money in the long run, it is not the best course of action for every couple, so if you are considering ending your marriage, it is crucial to contact an experienced complex divorce attorney who can explain your options.

Void Marriages

In Texas, annulments can be used to invalidate two types of marriages, those that are considered void and those that are voidable. Void marriages are those that were never legal, which in Texas means that they were either incestuous or bigamous in nature. Most bigamy-related annulments involve situations where a party did not wait the required 30 days after the finalization of a divorce before marrying someone else. In these types of cases, the new spouse could legally annul the marriage. However, he or she would only have until the couple’s one year anniversary to do so.

Continue Reading ››

 Posted on December 28,2016 in Child Custody

The holidays can be a difficult time for families who have recently gone through a divorce. Creating and adhering to a parenting plan can make all the difference in helping children transition to a new time-sharing schedule, while also allowing them to enjoy the holidays, so if you are currently going through a divorce or have questions about a parenting plan or standard possession order, it is important to contact an experienced complex child custody attorney who can help protect the interests of both you and your children.

Standard Visitation Guidelines

It is usually in a family’s best interest to attempt to reach a voluntary custody agreement outside of court. This leaves the parents in control of the outcome and can help avoid the expense and stress that often comes with going to court. However, coming to an agreement is sometimes impossible, at which point a family court will need to step in and draft a standard possession order (SPO). The typical SPO makes standard arrangements for holiday visitation, including winter break, although courts can alter the SPO if doing so would be in the best interests of the child.

Continue Reading ››

 Posted on December 21,2016 in Child Support

In Texas, parents have certain legal duties towards their children, one of which is to provide them with financial support until they turn 18 years old. Parents can, however, be required to help pay for college tuition in some cases, so if you are going through a divorce and have questions or concerns about providing for your child’s future, it is important to contact an experienced complex child custody attorney who can help ensure that your child’s interests are protected.

Parenting Plans and College Tuition

Generally, non-custodial parents are only required to pay child support for a child until he or she turns 18 years old or graduates from high school, whichever is later, although if a child is older than 18 years old, he or she must be attending high school on a full-time basis to continue receiving support. In some cases, courts will take future college education expenses into account when drafting an initial child support order. However, the law does not prevent parents from negotiating and agreeing to additional child support obligations, which could include responsibility for paying for college tuition, during divorce proceedings.

Continue Reading ››

 Posted on December 12,2016 in Child Support

In Texas, the Office of the Texas Attorney General is charged with enforcing the collection of child support. However, Texas courts also have broad discretion to enforce child support awards, so if your ex-spouse is behind on child support, it is crucial to speak with an experienced complex child custody attorney who can explain the process of filing a motion with the court.

Filing a Motion

To begin the process of enforcing a child support order, the requesting parent, also known as the movant, must file a Motion to Enforce with the court that issued the initial child support order. The motion should contain certain information, including:

• An identification of the provision in the original child support order that was violated;
• An explanation of how the other spouse failed to comply with the order;
• A statement of the relief requested;

Continue Reading ››