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Recent Blog Posts
Will a Protective Order Affect My Texas Divorce?
Seeking a divorce from someone who may be abusive or violent is difficult, and you may need to obtain a protective order during your Texas divorce. If you take out a protection order, it is important to know how it might affect the divorce process. Consult an experienced Texas divorce lawyer for details on obtaining a protective order and guidance for the divorce process.
How Do I Get a Protective Order in Texas?
You must file for one in court if you need to obtain a protective order in Texas. The Texas Family Code details who may be eligible to obtain a protective order, and these are typically filed by an attorney, an adult seeking protection from a spouse or another individual, or a family member with guardianship over a minor or another individual.
Can My Spouse Stop Me From Gaining Child Custody?
During a divorce, one of the most challenging things to deal with is child custody division. With both parents likely wanting to maximize their time or with one parent advocating for most of their child's custody, it isn't easy to agree.
Suppose you wonder whether your spouse can stop you from gaining child custody. In that case, meeting with a Texas child custody lawyer to explore your options and pursue a fair child custody arrangement is essential. Get the important legal guidance you need.
Navigating a Child Custody Battle
Child custody battles are highly stressful, and these challenges can stretch if you and your spouse are finding it hard to agree. According to the Texas Family Code, either parent can be granted custody over a child depending on their best interests. This replaces former laws that favored the mother of a child as the primary custodial parent.
Can I Request a Paternity Test During a Divorce?
Some of the most significant issues that are raised during a divorce are child custody and parental agreements. If you have questions about whether or not you are the father of the child or if you need confirmation about the parent of your child, you need to request a paternity test during your divorce. An experienced Texas paternity attorney can help you explore your options for a fair divorce.
Why Request a Paternity Test During Divorce?
Establishing the parentage of a parent is essential for both married and unmarried parents, but it is especially important when it comes to divorce. Verifying who a child's father is helps to determine child custody payments, parental agreements, and other complex child custody issues.
Common reasons that either spouse may request a paternity test during their divorce include:
- The parentage of the child has never been established.
- The father wants to show themselves as the father so they can have legal parental rights.
How Are Assets Divided During My Texas Divorce?
Navigating a divorce is stressful, and if you share many assets with your spouse, you may be wondering how these assets will be divided. Property, bank accounts, and even businesses have the potential to be divided during a divorce, and you no doubt want to receive the most fair division of assets for your situation. Having an Austin divorce lawyer in your corner is important when looking through your assets and how they will be divided.
Understanding the Division of Assets in Texas
In Texas, any properties acquired during marriage are considered community property. During your divorce, any assets that have been developed or contributed to by both spouses will fall under the category of community property and be divided as evenly as possible. Debts acquired during the marriage will also be divided.
How Can I Win My Child Custody Case?
Many parents going through a divorce are interested in putting their child's needs first and want to be sure they win their child custody case. However, several factors go into determining child custody, and complex child custody cases make this process more stressful. An experienced Texas child custody lawyer can help you navigate child custody agreements and work for the best results for your child.
What Makes a Child Custody Case Complex?
Emotions tend to run high during child custody cases, and when a child custody case is not able to be settled amicably, it becomes more complex. Issues that might make child custody difficult to navigate through include:
- One parent accuses the other of abuse, including sexual abuse or substance abuse.
- One parent accuses the other of being unfit.
- A child has special needs or medical issues that need to be factored into a child custody plan.
Is My Spouse Hiding Assets from Our Divorce?
Disclosing financial assets is an essential part of the divorce process. Both partners involved in a divorce will need to fully disclose their assets so property divisions and divorce agreements can be settled as fairly as possible. However, spouses may sometimes attempt to hide assets to prevent them from being shared. This creates issues forming divorce agreements and can lead to complex divorces.
A Texas divorce lawyer can help you figure out how to divide assets fairly and provide guidance if your spouse is hiding assets.
Signs Your Spouse Is Hiding Assets
Hiding assets involves:
- Gifting money to others who will return it after the divorce.
- Reporting lower amounts of income.
- Refusing to share financial information.
How Can I Prepare for a Complex Divorce?
Divorce is a challenging process, and the stakes are higher when high-value assets, children, and conflict are involved. Divorces that involve substantial assets or conflicts are considered complex divorces, and settling a complex divorce is often more difficult and lengthier overall. An experienced attorney will work to help you settle a complex divorce favorably and make this process less stressful.
What Is a Complex Divorce?
Complex divorces are those that involve high-value assets and high-value net worths, in addition to divorces with significant conflict and issues settling agreements, such as child custody arrangements. Complex divorces may deal with assets subject to various Texas tax and property division laws, which makes having an experienced divorce attorney in your corner all the more important as you divide property and assets.
Do Unmarried Couples Have Child Custody Rights?
In the Lone Star State, many couples decide to build a life together and raise children without tying the knot. However, just like married couples, unmarried partners may face the challenges of a breakup. When children are involved, determining legal child custody becomes crucial. Without a clear plan, one parent might decide to up and move, leaving the other parent with limited legal rights to contest the move or participate in important decisions in their child's life. If this is your case, you should contact a Texas child custody attorney.
What Are the Legal Steps For Unmarried Parents?
For couples who never walked down the aisle, Texas law steps in to ensure the best interests of the child are safeguarded. When it comes to child custody, unmarried parents have the opportunity to create a parenting plan or seek a court order to establish legal rights and responsibilities. This plan outlines crucial details such as where the child will live, visitation schedules, and decision-making authority.
What Are The Tax Benefits of Waiting to Divorce Until the New Year?
Tax responsibilities are significantly impacted by one's marital status, and delaying a divorce until the beginning of a new year can provide relief from associated tax challenges. In most cases, even if a couple remains married for just a day in a given year, they still have the option to file taxes jointly as a married couple. Divorce is emotional, and it can be stressful, especially during the holidays. At Powers Kerr & Rashidi, PLLC, a high-asset Texas divorce attorney can help you understand the tax implications so that you can make an informed decision.
What If I Am In The Middle of The Divorce?
If the divorce is not final yet, you may be able to file a joint tax return even if you and your spouse no longer live together. This could be helpful because it allows you to qualify for a bigger standard deduction when you put both your incomes together on one tax return.
How Do I Protect My Rights in a Military Divorce?
Military couples face higher divorce rates compared to other professions, potentially due to the unique stresses of a military career. If you are facing a divorce while serving in the armed forces, especially if deployed, seeking guidance from a military divorce attorney is crucial. Finances in divorce can be complex, and military benefits add an extra layer of complication. You need a skilled Austin, Texas divorce attorney on your side.
What Are Some Legal Protections?
In a Texas military divorce, specific requirements and protections come into play under state and federal laws. To file for divorce in Texas, at least one spouse must have lived in the state for a minimum of six months, with residency in the filing county for at least three months. Additionally, two federal acts provide crucial protections:
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