January 18, 2019

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’...

January 15, 2019

 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...

January 3, 2019

There are certain time and residency requirements to getting divorced in Texas. For instance, it's not necessary that both spouses live in Texas to get a Texas divorce.

December 18, 2018

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...

December 13, 2018

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...

December 13, 2018

 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; 

  • The grandchild's parents have passed away; 

  • T...

December 10, 2018

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...

December 7, 2018

The holidays are right around the corner. Christmas lights are going up in the neighborhoods, there’s less time for buying presents, and kids are getting excited about new toys, no school, and spending time with their other parent. 

I’m sure some you’re probably even be looking forward to a little break from full-time parent mode too, but in the back of your mind you may be hesitant.  You may be wondering: “What if ________ doesn’t bring the kids back when they’re supposed to?” 

Well, let’s hope that doesn’t happen, but if it does, here’s what you can do. 

You’re immediately going to want to file a writ of habeas corpus.  This is the absolute fastest...

December 5, 2018

Having a hard time finding a lawyer to do limited scope for your divorce?  I know sometimes it can seem like finding a needle in a haystack trying to find the right lawyer, especially if you’re looking for a lawyer to do limited scope. 

I can hear you asking why from here.  The answer is fairly simple: Many people decide on limited scope representation because it saves money and, although they’re getting divorced from their spouse, the two spouses can still manage to act like adults around one another.  Limited scope seems like a no-brainer, right? 

The reality in many situations like the one just described is that too often the unconteste...

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