Posted on August 20,2023 in Divorce

Divorce is a life-altering event that can unleash a whirlwind of emotions and challenges many never imagined before. For stay-at-home moms, the journey through divorce can be particularly daunting, as it often involves navigating complex legal, emotional, and financial territories while also tending to the needs of children. However, there are empowering strategies that stay-at-home moms can employ to effectively cope with divorce and emerge stronger on the other side. For example, one of the most essential ones is to enlist the help of an experienced Austin divorce lawyer who can competently guide them through the process.

Building a Strong Support Network

During an divorce in Austin, the importance of a support network cannot be overstated. Stay-at-home moms can lean on friends, family, and even support groups to provide emotional reassurance and a listening ear. Sharing experiences, concerns, and triumphs with others who have navigated similar journeys can offer invaluable insights and a sense of camaraderie.

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 Posted on August 08,2023 in Child Custody

In Texas, as in many other states, child custody matters can become complex and emotionally challenging for unmarried couples who are separating. Unlike married couples, unmarried partners don't automatically have the same legal rights regarding child custody and visitation. Having an experienced Austin child custody attorney who can shed light on the child custody rights that unmarried couples have in Texas and provide insights into potential legal options to navigate these sensitive issues is imperative.

Understanding Parental Rights for Unmarried Couples

In Texas, the parent-child relationship is presumed for a child born to a married couple. However, for unmarried couples, establishing parental rights requires legal action. 

Texas law recognizes the biological mother as the child's natural guardian, granting her sole custody unless otherwise determined by the court. Consequently, the biological father doesn't have automatic parental rights, even if he is named on the birth certificate.

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 Posted on August 02,2023 in Divorce

Divorce is often an emotionally and financially challenging time. One of the most pressing concerns for many individuals is the fate of their marital home. If you are going through a divorce in Texas and fear that your spouse might attempt to sell the house before the proceedings are finalized, it's crucial to understand your rights and the legal options available to protect your interests. The best way to learn more about your rights and how to exercise them is to contact a seasoned Austin divorce lawyer from Powers Kerr & Rashidi, PLLC.

No One Can Sell While a Divorce is Pending

In Texas, as in many other states, when a divorce petition is filed, an Automatic Temporary Restraining Order (ATRO) often takes effect automatically. The purpose of the ATRO is to maintain the status quo and protect both spouses' interests during the divorce process.

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 Posted on July 27,2023 in High Asset Divorce

Texas divides marital assets based on community property laws. This generally means that any asset or property acquired after your marriage will be divided between you and your spouse during a divorce. However, rules and conditions apply, which can help you protect separate property in a high asset divorce. This article explains what that means and how you may safeguard property ownership under unique circumstances. 

What Is Separate Property? 

Any property owned by a spouse before marriage or received individually afterward is considered separate property. 

It can include: 

• Any property owned or claimed by the spouse before marriage 

• Generational wealth and property which the spouse inherits before or during the marriage

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 Posted on July 24,2023 in Child Custody

A complex child custody case presents unique challenges for both parties. You are often stuck in a lengthy custody battle. Other times, problems arise after the case, especially when your ex does not agree to the terms set in the custody order. You need to know how to respond to these problems in a legally compliant way. This article highlights three common challenges experienced by parents during a high-conflict custody case and how to deal with them. 

A Spouse Makes Allegations Against the Other Parent to Gain Custody

Texas laws grant both parents managing conservatorship unless one parent is considered unfit to raise a child. A soon-to-be-ex may accuse their spouse of being an unfit parent to convince the court to grant them sole conservatorship after the dissolution of marriage in a contentious divorce.

These allegations range from stories of negligence or abusive behavior toward the child. A spouse can also argue that the other party is an unfit parent because of their history of alcohol and substance abuse. 

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 Posted on July 19,2023 in Family Law

The scope of a protective order in Texas varies significantly, making it crucial to know when and how to extend your protective order. While family courts in Austin do their best to safeguard your rights and protect you from hostile exes, you must remain vigilant. Take steps to extend the protection and notify authorities immediately if the abusive partner violates the order. This article explores your options, so you know what to do before or after your current order expires. 

Can a Protective Order Be Extended in Texas? 

Temporary protective orders usually last for 45 days unless stated otherwise. You can extend the order by filing a motion for an extension before the designated time ends. This applies to cases where you do not receive a court date after the judge issued a temporary protective order. 

The extension rules for long-term protective orders in Texas vary from case to case. 

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 Posted on July 10,2023 in Adoption

Adoption is a complex but rewarding process for raising children in a nurturing and safe home. Married couples or single adults interested in welcoming a new family member need to meet specific requirements to qualify for adoption in Texas. This article shares valuable insights on the state regulations and process so you know what to expect before and after application. 

Eligibility Requirements to Adopt a Child in Texas 

The Department of Family and Protective Services (DFPS) in Texas permits mature and responsible adults aged 21 years and above to apply for adoption. 

Applicants must meet the following requirements to qualify: 

• Prove financial stability to ensure a child receives the best care and support possible. 

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 Posted on June 27,2023 in QDROs, Pensions and 401(k)s

Going through a high-net-worth divorce in Texas can be a complex and challenging process. One important aspect that often arises during such divorces is the treatment of retirement accounts. In this article, we will discuss the considerations and guidelines surrounding retirement accounts in a Texas high-net-worth divorce.

What Is a High-Net-Worth Divorce?

Divorce proceedings involving high-net-worth individuals often involve significant assets, and retirement accounts are no exception. Understanding how retirement accounts are treated in a Texas high-net-worth divorce is crucial to ensure a fair and equitable division of property.

Community Property State

In the state of Texas, community property principles apply to divorces, whereby assets acquired during the marriage are typically regarded as community property and subject to division between both spouses. This includes retirement accounts, considered marital assets unless specific circumstances dictate otherwise.

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 Posted on June 20,2023 in Contested Divorce

In Texas, the divorce process begins when one spouse files a petition for dissolution of marriage with the court. The other spouse will be notified that the divorce has been initiated, usually by having a process server provide them with a copy of the petition. At this point, the non-filing spouse has the option to file an answer to the petition. In many cases, a couple will work to negotiate a settlement and complete an uncontested divorce. However, if a case involves high levels of conflict, or if a couple cannot reach agreements on certain issues, they may need to resolve matters in court. In these situations, couples will need to understand what steps how a contested divorce will be handled.

Steps Followed in a Contested Divorce

A contested divorce will usually involve the following phases:

• Temporary orders - During the divorce process, the court has the authority to issue temporary orders to address important matters that need immediate attention. These orders can cover issues such as child custody, child support, alimony, and other relevant matters. Temporary orders issued by a judge may remain in place until the divorce has been finalized, although they may be superseded by subsequent orders as needed.

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 Posted on June 06,2023 in Family Law

Assets acquired during a marriage are considered community property in Texas. That means that, if you divorce, the property is equally distributed between you and your spouse. 

Prenuptial and postnuptial agreements can help you divide most assets on your terms. Our Austin family lawyers can help you make an informed decision to minimize the risk of arguments and complex property litigation in the event of divorce. 

Who Should Sign a Prenuptial Agreement?  

As the name suggests, prenuptial agreements are made before the marriage. 

According to Texas law, the couple needs to draft a premarital agreement “in writing” and ensure it is “signed” by both of them. The signature confirms that both parties mutually agreed on the ownership and distribution of assets/property. 

The conditions are effective after marriage and will become “enforceable without consideration” in case of a divorce or the death of a spouse. Note that the right to child support is not part of a premarital agreement. 

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