6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
How to Protect Your Assets During a Divorce in Texas
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
3 Challenges Faced During Complex Child Custody Cases in Austin
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.
How to Extend a Protective Order in Texas
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.
Adoption in Texas: What Should You Know?
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.
How Retirement Accounts Are Treated in a Texas High-Net-Worth Divorce
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.
Navigating a Contested Divorce in Texas - What You Should Know
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.
Prenuptial Agreements and Postnuptial Agreements in Austin, Texas
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.
Relative Adoptions in Austin, Texas
The adoption process in Texas is far from being cut-and-dry. Each adoption is unique depending on the adoptive parents, the adoption type, and the birth mother. In some cases, relatives, such as aunts, uncles, and grandparents, may take over a child's care if the biological parents are unable or unwilling to do so. Relative adoption with or without parental consent requires court intervention so the court can determine the child's best interests first.
Stepparent Adoption
Stepparent adoption is a significant step for a blended family. Parents can start the process by petitioning for adoption and getting the child's consent (if the child is older than 12). If the biologial parents are both living, they must both consent to the adoption.
Open Adoption Versus Closed Adoption
Enforcement and Modification of Divorce Orders: What You Need to Know
Divorce decrees become legally binding agreements that govern the actions of both parties involved in a divorce. While the end of the divorce proceedings can be a welcome relief, it doesn't necessarily mean the legal issues surrounding the divorce are over. Situations may arise where one party is not complying with the orders or the orders need to be modified due to a change in circumstances.
In this guide, we will discuss what you need to know about the enforcement and modification of divorce orders.
Enforcement of Divorce Orders
When one party fails to follow the terms of a divorce order, the other party can take legal action to enforce the order. Some common issues that require enforcement include failure to pay child support or spousal support, failure to comply with child custody arrangements, and failure to divide marital property as per the order.
Creating a Successful Parenting Plan: Tips and Strategies for Co-Parenting
The Texas law on child conservatorship encourages parents to share the duties and rights of raising their children after separation or divorce. In simple words, this is known as co-parenting. While co-parenting is a challenging task, it is often essential for the well-being of children whose parents are no longer in a romantic relationship. In this article, we will discuss some tips and strategies for successful co-parenting.
Be Flexible
Being flexible is a key strategy for successful co-parenting. Be willing to adjust your schedules, routines, and plans to accommodate your co-parent and child's needs. Flexibility shows your child that you're committed to co-parenting and that you're willing to put their needs first. Also, be open to compromise and find solutions for everyone involved.
Keep Your Child's Best Interests in Mind
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
