Because the just and right division is only possible after the entire picture of both spouses’ lives is clear, the possible justifications for unequal just and right divisions are nearly endless. Rather than trying to list all the possible justifications, I’m going to briefly describe three (3) common justifications to provide a glimpse into the types of things courts typically find persuasive enough to justify unequal just and right divisions.
Significant difference between spouses’ earning potential
This should seem obvious after the discussion about how a just and right division is made, but there’s more. If there’s a difference between the spouses’...
The division of property during divorce is an issue that creates stress for many people. Questions about who gets what and what may be “taken” during divorce are commonly asked, as well as questions about whether one spouse can take everything and leave the other with nothing.
This is Part I of a three (3) part blog post intended to provide information about three (3) important factors that courts consider when dividing property: 1. Separate property vs. community property; 2. “Just and right” division; and 3. Common Justifications for disproportionate “just and right” division. The categorization of property as separate or community is taken u...
You would be surprised at how often I hear this, truly. If you want to get divorced, then it simply doesn’t matter if your spouse doesn’t also want to get divorced. A court won’t force you to remain married just because it’s what your spouse wants.
Don’t I Need A Reason To Get Divorce?
Yes. But Texas has a “no-fault” divorce law that doesn’t require anything more than you telling a court that your marriage is no longer supportable and there’s no hope for improvement in the future.
Can I Get A No-Fault Divorce If My Divorce is Contested?
Yes. “No-fault” only explains the reason why you’re getting divorced. Whether your divorce is conte...
The actual amount of income a paying parent is earning is only one factor courts consider when deciding whether to reduce child support. Another factor courts consider in addition to the actual amount of income a paying parent is currently earning is how much a paying parent can earn. The reason for this is that courts are primarily concerned with the best interest of the child, and ensuring that the child’s best interest is being met.
So Child Support Won’t Be Reduced Because of a Lost Job?
That’s not true. Child support can be reduced due to a lost job, but losing a job doesn’t guarantee an automatic reduction in child support. The ult...
Yes. Grandparents can gain legal custody of their grandchildren by filing a Suit Affecting the Parent-Child Relationship (“SAPCR”). However, certain conditions must exist before a grandparent may file a SAPCR.
When Can A Grandparent Get Custody of Their Grandchildren?
Grandparents can file for custody in the following situations:
The grandparents have had actual care, control, and possession of the child for six months;
The grandchild and parent (the grandparent’s child) has lived with the grandparents for at least one year, not ending more than three months ago;
You can request temporary orders when you file for divorce or anytime afterward if you’re worried about your child’s safety or protecting their stability. Likewise, you can also file for temporary orders anytime during a Suit Affecting the Parent-Child Relationship (“SAPCR”). Texas courts are authorized to grant temporary orders quickly, and may grant Temporary Restraining Orders before a Temporary Orders hearing can be held, if doing so protects the safety and welfare of the child.
What Is A Temporary Order?
A temporary order is an order from a court that requires or prevents certain actions. They should be taken seriously for two reasons. Fir...
To receive alimony (a.k.a. “Spousal Support” by its proper name) in Texas, there are a handful of requirements that must be met. Determinations about the amount and duration of payments are then made using guidelines provided by the law.
What is the Purpose of Alimony?
Alimony is intended to provide temporary and rehabilitative support for the spouse whose ability to financially support themselves (to meet their minimum reasonable needs) has been impaired by their homemaking or supporting efforts during their marriage, and who doesn’t have sufficient assets to support themselves.
The idea behind alimony is to require support be provided while spou...
You never have to agree to a breathalyzer or blood draw test. Ever. However, there are consequences for refusing and you can be forced to perform either test in certain situations. When you’re arrested, your most important rights pertaining to breathalyzers and blood draws are to be properly informed of the consequences for refusing to take a breathalyzer or blood draw test.
Do I have to agree to a blood draw or breathalyzer?
For years this wasn’t the case in Texas. Until recently, the law was interpreted to say that everyone consented to blood draws and breathalyzers by being a licensed driver in the state—you consented when you rece...