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Recent Blog Posts
Can I Relocate with My Kids After My Divorce in Texas?
After your Texas divorce settles, you may be considering a move out of state to start over fresh or to get a new beginning for yourself and your children. However, depending on your child custody agreement and the details of your divorce, you may be unable to move your kids out of Texas after your divorce. In many cases, you must petition the court to allow you to relocate. An experienced Texas child custody lawyer can help you further understand your options.
How Can My Custody Order Affect Relocation?
Your child custody order is one of the first things you will need to consult if you are considering relocation out of Texas. How you go about your relocation depends on the type of child custody you are dealing with. In Texas, this is either a sole managing conservatorship, where one parent is qualified to care for the child, or a joint managing conservatorship, where both parents split the duties of caring for a child.
What Is a Temporary Restraining Order in Texas Divorce?
Property and asset division in a divorce is often highly contested, especially if both spouses have high assets or a divorce is particularly contentious. A temporary restraining order (TRO) in a Texas divorce can sometimes be used to ensure that your spouse is prevented from committing fraud with finances or draining accounts and selling assets to avoid splitting property and assets as part of the divorce agreement.
A knowledgeable Texas divorce lawyer can help you obtain a TRO and navigate the asset division process in your divorce.
Understanding a Temporary Restraining Order in Divorce
In Texas, assets and property that are acquired during a marriage are considered community property. These assets are divided fairly between each spouse during a divorce. However, if assets are valuable and contended or one spouse does not wish to split their finances and assets equally with the other, they may attempt to dissipate their assets through selling property, spending or gifting large amounts of money to others, or moving and transferring assets without their spouse’s knowledge.
How Does a Texas Divorce Affect My 401(K) Account?
For many people going through a divorce, your 401(K) account is one of the most valuable assets you have. It is natural to assume that each spouse will keep their respective 401(K) account, but Texas is a community property state, and you may need to divide your marital assets during your divorce, including money put into a 401(K) account.
A skilled Texas divorce attorney can help you navigate Texas property and asset division rules and fight for you to keep the assets you are entitled to.
How Will My 401(K) Be Divided in Divorce?
As you start the proceedings for your Texas divorce, it is important to keep in mind specific rules surrounding the division of property and marital assets. In Texas, Family Code states that any property or assets acquired by either spouse during a marriage counts as marital property; this is a “community property” rule. Marital property will need to be divided evenly under this rule, so if you earned or contributed significantly to a 401(K) account during your marriage, your spouse is likely entitled to half of your account.
What Do I Do if My Spouse Delays Our Divorce?
Divorce proceedings have the potential to take months, and this process is challenging enough without your soon-to-be ex slowing down the process. There are many different reasons why your divorce proceedings may be delayed, and some of them may be valid. However, your spouse may be causing problems due to high emotions and a contested divorce.
An aggressive Texas divorce lawyer can help you figure out if your spouse is delaying your divorce without a good reason.
Common Delays in a Texas Divorce
Even when a divorce is agreed upon by both parties, divorce proceedings can take at least two months. This is because the Texas Family Code states that divorces must adhere to a sixty-day waiting period before they can be granted, except in divorces where domestic or family violence has been present.
How Do I Protect My Special Needs Child During Our Texas Divorce?
Sharing a special needs child during a divorce can be very stressful. Special needs children typically have more rigorous needs, especially when it comes to scheduling and predictability, and this type of complex child custody situation can make the overall divorce process more challenging. Even when both parents are focused on what is best for a child, it can be difficult to figure out how to protect your special needs child during divorce and ensure your child will be fully taken care of after your divorce is finalized.
A compassionate Texas divorce and complex child custody lawyer with experience working with special needs families can help you navigate this process and advocate for the best needs of you and your special needs child.
Navigating a Complex Child Custody Situation
Complex child custody situations are those that involve children with special needs, those that are highly contested, and custody cases involving adoption. In the case of a special needs child, it can be difficult for parents to agree on the best healthcare methods, educational methods, and division of visitation.
How Do I Stop My Spouse From Getting My Business After Divorce?
Protecting your major assets like a business during a divorce can be a complex process, especially if your spouse has been involved with the business throughout your marriage. It takes an experienced Texas complex divorce lawyer to aggressively advocate for your rights and ensure that your desires to keep your business after your divorce are recognized.
The Impact of Divorce on Your Business
Divorce is a complicated process, and once you have decided to pursue a divorce in Texas, you may start worrying about how a divorce will impact your business. After all, the majority of divorces include the valuation of assets such as businesses or other properties, and your spouse may be fighting for an equal or majority division of some assets, depending on your specific divorce situation.
How Do I Act in Court During a Divorce?
Divorce can be a stressful process full of contention, and if your divorce is contested or especially complex, you may find it difficult to be civil with your spouse. However, there are certain things you should avoid doing while in divorce court and facing your spouse. An experienced Texas divorce lawyer can help you prepare and set your expectations for how to act in court during your divorce.
Tips For Behaving in Divorce Court
As you go through the process of divorce, it is highly likely that you will face your spouse in court or during meditation one or more times. If you are dealing with a stressful or nasty divorce that has lots of conflict, you may find it hard to tolerate being around your spouse, even in divorce court. That being said, you should not behave in certain ways that may hurt the outcome of your divorce.
Does Every Texas Divorce Need an Attorney?
Coming to the decision to pursue a divorce from your spouse is stressful, and you are no doubt wondering about the first steps to take in this process. Divorces in Texas can be complex, and while you are not legally required to have an attorney during your divorce, having a legal professional to advocate for you and your rights is essential for ensuring your divorce agreement is favorable. An experienced Texas divorce lawyer can explain your options.
Is It Possible to Divorce Without a Lawyer?
In Texas, no-fault and uncontested divorces are possible. An uncontested divorce has the potential to be settled without a lawyer, though this process can be confusing to navigate alone. If you are pursuing an uncontested divorce, it is important to note that you and your spouse must meet certain requirements and that you do not disagree about any factor of your divorce.
Can Divorce Affect My Adopted Child?
Divorce can be a complicated process, and if you and your spouse have recently adopted a child, or if you have adopted your partner’s biological child, you may be wondering if this will affect your divorce proceedings. An experienced Texas divorce lawyer can answer your questions about child custody and adoption as you navigate your divorce.
How Will the Courts Treat My Adopted Child During Divorce?
Regardless of whether you have adopted your spouse’s biological child or if you and your spouse made the decision to adopt a child together, the courts will treat your adopted child during a divorce exactly the same as they would any biological child. Once you adopt a child in Texas, they are treated no differently from a biological child in terms of rights.
However, it is important to keep in mind that if you and your spouse have been moving through the adoption process and have yet to adopt, but are planning to divorce before this process is completed, you may run into some challenges. Additionally, birth parents may be able to step in and stop an adoption if the adoptive parents start the divorce process before the adoption is final.
Will My Child Custody Case Need a Guardian Ad Litem?
During the process of divorce, child custody issues often arise. These issues are made more complex by the refusal of both parents to come to agreements on parenting plans, or one spouse is experiencing issues with substance abuse or situations that bring their ability to have custody of the child into question. In some cases, complex child custody issues need the assistance of a guardian ad litem to help advocate for the best interests of the shared child.
A Texas child custody lawyer can help review your child custody case and provide you with guidance on whether or not a guardian ad litem is needed.
What Is the Role of a Guardian Ad Litem?
A guardian ad litem is an advocate appointed by a court to represent a person's best interests. In a child custody case, a guardian ad litem advocates for the child's interests in any agreements regarding educational choices, custody plans, and medical or healthcare choices. With the help of a guardian ad litem, a complex child custody case that is highly contested can stay focused on the shared child's needs and best interests.
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