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Recent Blog Posts
Can I Make Modifications to My Child Custody Agreement in Texas?
Divorces with children in the mix can be tricky. Child custody can help you protect and prioritize the welfare of your child. It also aids in dividing quality time between both parents. But once child custody is finalized, some conditions might change that decision over time. If your current child custody order does not work for your family, there are a few measures that you can take in the state of Texas to help. To streamline the process even more, you can seek the guidance of a family law attorney.
What Are the Reasons for Modification of Child Custody?
Texas family law knows and understands that life comes with change. In light of this, a child custody order can be modified. But to do so, there must be proof of significant conditions that will directly affect the child if the agreement is not adjusted. Here are a few reasons modification of child custody may be granted:
Can You Adopt a Minor Relative in Texas?
For many of us, our family means everything. Our loved ones are the center of our universe. Sometimes certain circumstances can occur that threaten that close bond between family members. A possible solution is relative adoption. Fortunately, it is possible to adopt a minor relative in the state of Texas. This type of adoption ensures that the child remains in a stable and caring environment while still connected to their birth family.
Am I Eligible to Adopt?
In Texas, you must meet specific adoption requirements to be eligible. Here are a few primary conditions you need to meet for a kinship or relative adoption:
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Must be 21 years old
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Complete an adoption application
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Provide references (relatives and non-relatives)
Understanding Alimony in Texas Divorce: How to Determine Your Eligibility
Alimony, also known as spousal support, can significantly affect divorce proceedings. In Texas, determining whether alimony will be awarded depends on various factors. Today, we will explore the key factors that influence the inclusion of alimony in a Texas divorce settlement and how you can properly assess your eligibility. Discuss with your divorce attorney as to whether spousal support will be a factor in your case.
Determining Alimony Eligibility in Texas
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Need and ability to pay: To be eligible for alimony, you must demonstrate a genuine financial need for support and an ex-spouse’s ability to pay. The court takes into account factors like earning capacities, income disparities, age, health, and education levels when assessing the financial needs of the requesting spouse. Additionally, the court considers the paying spouse’s ability to pay without experiencing undue financial hardship.
Will Divorce Mediation Work for Me?
Many spouses who are getting a divorce choose mediation over a courtroom battle. Mediation offers a number of advantages. For example, you do not need to gather and present evidence to a mediator like you would with a judge. Mediation can also save you money. Contesting your divorce in court can be costly due to court and legal fees. Going to court to resolve your divorce can also be very time-consuming. You may need to miss multiple days of work in order to prepare for and attend court dates. Additionally, mediation can speed up the divorce process significantly. Spouses who use mediation can often resolve their divorces and finalize their divorce decree within a few months, whereas relying on a court to resolve each issue could take several years. However, mediation is not for everyone. There are some cases where it is recommended that mediation not even be attempted. Whether you and your spouse choose mediation or contested divorce, you should each be represented by your own attorneys.
What is the Best Age to Marry to Avoid Divorce?
Timing can play a significant role in the success of a marriage. Many people wonder if there is an ideal age to tie the knot to minimize the risk of divorce.
What is the Ideal Age?
Research suggests that couples who marry at the age of 25 have a reduced likelihood of divorce compared to those who get married at age 20. However, for those who get married after the age of 32, divorce rates tend to increase by 5% per year until their wedding day.
The decline in divorce rates may be due to millennials getting married later in life, usually in their 30s. However, it is important to remember that there is not a one-size-fits-all answer for the best age to get married as every relationship is unique.
Common Reasons for Divorce Among Couples Who Marry at a Young Age
Marriage at a young age can be challenging, and research has shown that couples who marry early are at a higher risk of divorce. Young couples who marry tend to get divorced for the following common reasons:
What is the Difference Between Sole Managing Conservator and Joint Managing Conservator?
People use the term “child custody” to refer to parenting arrangements when parents are divorced or unmarried. However, Texas law specifically refers to custody issues in terms of “conservatorship” and “possession and access.”
In this blog, we will discuss when a Texas parent may be deemed a “sole managing conservator” or “joint managing conservator” and how this influences each parent’s parenting responsibilities.
Sole Managing Conservatorship
Many people are familiar with the terms “joint custody” and “sole custody.” In Texas, a sole managing conservator can be compared to having sole custody of a child. If a parent is a sole managing conservator, he or she has the right to make decisions about the child's upbringing. The parent has sole responsibility for making decisions about:
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The child's education
Signs Your Spouse May Be Hiding Assets in Your Texas Divorce
Besides child custody, one of the most contentious issues in a divorce is often the division of assets. Texas is a community property state, meaning that the marital estate is divided 50/50. Unfortunately, some spouses do all they can to try to prevent the other spouse from receiving their fair share and attempt to hide marital assets. There are often certain red flags that may indicate this is occurring. The following are some of the most common signs.
Unusual Financial Behavior
If your spouse suddenly starts exhibiting unusual financial behavior, such as opening new bank accounts, making large cash withdrawals, or transferring money to unfamiliar accounts, it could be a sign of attempting to conceal assets before they file for divorce.
Hidden Accounts and Statements
The process of hiding assets usually begins before a spouse files for divorce by opening up secret financial accounts. If you discover bank statements or financial documents that you were previously unaware of, it may indicate hidden accounts or undisclosed assets.
What Is a Prenup and Why Would I Need One?
A prenuptial agreement – also referred to as a prenup – is a legal contract that couples enter into before they get married. The agreement sets out the terms and conditions for how assets, property, and financial affairs will be handled if the marriage ends in divorce. Although some people may view prenups as unromantic, there are many reasons why entering into one is a wise decision.
Protects Assets
A prenuptial agreement can protect your individual assets. If you have accumulated wealth, property, or investments before the marriage, a prenup can ensure that you retain ownership of these assets in the event of a divorce. Without a prenup, your assets may become part of the “marital estate” and should the marriage end in divorce, your spouse could be entitled to half of that estate per the community property laws of the state of Texas – regardless of who acquired them.
Can I Get a Legal Separation in Texas?
Almost every couple goes through periods in their marriage where things get so difficult between the two of them, one or both of them begin considering divorce. The couple will either work through these issues, decide to end their marriage or continue living contentiously with each other without dealing with the problems.
One option that some couples decide is to separate before they make the final decision to divorce. This allows them each to have their space and gives them the time they need to decide if they really do want to end their marriage or work toward reconciliation. If this is something you and your spouse are considering, there are some important facts you should be aware of when it comes to legal separations in Texas.
A Legal Separation
When a couple decides to separate, even though they are no longer physically living together, they are still considered legally married. This means that if one spouse is on the other spouse’s health insurance plan, they can remain on the plan. This is different than a divorce where a person’s benefits are terminated after a certain period of time.
How Is Child Support Determined in Texas?
Every parent has a legal duty to provide the resources needed to ensure their child is taken care of, including food, clothing, and shelter. Even if the child does not live with the parent, they still must meet that legal duty. Child support is an obligation that every non-custodial parent in Texas is required to pay. It can also become one of the most contentious topics between co-parents. It is not uncommon for the parent who is been ordered to pay the support (the obligor) to resent handing over money to their ex-spouse or partner (the obligee), often losing sight of the fact that the money ultimately is going to the care of their child and not to support their ex.
The following is a brief overview of child support in Texas. If you have specific questions or concerns, a child support attorney can help.
How Do Texas Courts Calculate Child Support?
Child support in Texas is calculated based on a percentage of the obligor’s monthly net income and is broken down as follows:
From our office in Frisco, our law firm serves clients in the communities of Plano, McKinney, Little Elm, The Colony, Prosper, Celina, Denton, Carrollton, Lewisville, Richardson, Parker, Allen, Flower Mound, Melissa, Sachse, Murphy, Coppell, Farmers Branch, Grapevine, Tarrant County, Dallas County, Denton County, Collin County, and the rest of North Texas.
