Posted on November 20, 2023 in Divorce

Spousal maintenance, commonly called alimony, is not an automatic requirement in divorce cases. Whether one spouse must pay ongoing financial support to the other depends on certain circumstances. You should be aware of alimony laws and when alimony may or may not be awarded. A Texas lawyer can help you so you know exactly what to expect.

Texas Alimony Basics

Texas views marriage as each spouse being self-sufficient unless proven otherwise. Alimony is only intended to provide temporary assistance until an economically disadvantaged spouse can become independent after divorce. Payments are not guaranteed.

The court can order alimony if one spouse clearly shows they cannot independently provide for their minimum reasonable needs, based on factors like:

• Insufficient earning ability due to age, lack of education and training, health issues, or other barriers

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 Posted on November 13, 2023 in Divorce

Ending a marriage with children involved presents the additional challenge of adjusting to a co-parenting relationship with your former spouse. While cooperation is ideal, various issues can strain positive co-parenting after a divorce. Understanding the common obstacles and constructive strategies will help you effectively work together for your kids. A Texas lawyer can also help you establish the best possible co-parenting custody plan.

Disagreements Over Custody Schedules and Changes

Frequent conflicts often arise when trying to balance both parents’ wishes to spend time with the children. Scheduling disputes, last-minute changes, missed visits, and confusion over holidays all add tension. Communicating respectfully is key. When needed, mediators can facilitate fair compromises.

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 Posted on October 19, 2023 in Child Custody

When substantial assets and emotions run high, custody disputes during a divorce often turn complex. Preparation and legal strategies with a Texas lawyer can help you resolve parenting plan impasses. Your focus must remain on the children’s well-being, not “winning” at all costs.

Understanding How Courts Determine Custody

Texas family courts prioritize the child’s best interests when awarding custody. Judges weigh factors like:

• Each parent’s ability to provide a stable, nurturing home environment
• Strength of the children’s existing relationships with each parent, siblings, and other relatives
• Willingness to encourage ongoing relationships with the other parent
• Parent’s mental health, education, support networks, and any substance abuse or legal issues

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 Posted on October 12, 2023 in Divorce

Going through a divorce can be emotionally devastating. Maintaining civility with your former spouse during the process does not have to be an impossible task. Working with a Texas lawyer can help you on your divorce path.

Communicate Respectfully

The way you and your ex-spouse communicate sets the tone for your entire divorce. Speak calmly when discussing issues related to your separation. Avoid letting the discussion escalate into a heated argument. Criticizing or blaming your former partner will only generate resentment. Keep talks focused on practical matters like finances and childcare arrangements.

Listen thoughtfully when your ex-spouse expresses concerns and try to understand their perspective. Compromise when you can reasonably do so. Polite, thoughtful communication prevents emotions from running high, keeping your interactions civil.

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 Posted on September 25, 2023 in Child Support

If your divorced spouse is violating a court order and failing to pay owed child support in Texas, you have legal options to pursue enforcement or recover the payments with a lawyer. Here are actions you can take when facing unpaid support.

File an Enforcement Motion

The first step is filing a motion with the court that issued the child support order, requesting formal enforcement proceedings due to nonpayment. Be sure to thoroughly document all missed child support payments in the motion. The court can then hold your ex-spouse in contempt of court for violating its lawful child support order. Potential consequences include wage garnishment, property liens, and even jail time in serious willful violation cases.

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 Posted on September 15, 2023 in Divorce

When parents divorce in Texas, determining custody arrangements for minor children adds further complexity and potential trauma to the process. The breakup of a family through divorce profoundly impacts children’s well-being and stability. There are steps divorcing parents can take to help protect their children’s best interests and minimize the disruption of divorce, including working with a lawyer.

Focus on the Child’s Needs and Perspective

Children cope better when parents remain centered on the child’s needs. Approach custody discussions remembering that your child did not choose divorce and they should not be put in the middle of parental conflict. Seek arrangements that maintain close relationships with both parents.

Prioritize Consistency and Stability

Major upheavals like changing schools, friends or residences can worsen divorce’s effects on children. Try to preserve normal routines and a sense of security. Custody schedules with predictable transitions and consistent rules/discipline are ideal.

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 Posted on August 29, 2023 in Family Law

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: 

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 Posted on August 18, 2023 in Family Law

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:

• Must be 21 years old 

• Complete an adoption application 

• Provide references (relatives and non-relatives) 

• Contribute to the home study process 

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 Posted on July 28, 2023 in Divorce

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

1. 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. 

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 Posted on July 14, 2023 in Divorce

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. 

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