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Showing posts from November, 2018

Rule 11 Agreements in a Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Rule 11 Agreements in a Texas Divorce . Houston Divorce Lawyers : Rule 11 agreements are often used in family law and cases. I have had clients and potential clients ask me about what a Rule 11 agreement is and what they are used for. Many lawyers use Rule 11 agreements to settle an issue or a whole case. Attorneys often use the term “Rule 11 Agreement” as if it were a specific type of agreement. WHAT IS A RULE 11 AGREEMENT? However, Rule 11 is a rule of procedure and does not do much to define the form or substance of settlement agreements. A rule 11 agreement refers to Rule 11 of the Texas Rules of Civil Procedures which provides that an agreement between lawyers in a case is enforceable if the agreement: Is in writing and filed in the papers of the court or unless it be made in open court and entered of record. USES OF RULE 11 AGREEMENTS Rule 11 Agreements or

What does Insupportability or No-Fault in a Texas Divorce Mean?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What does Insupportability or No-Fault in a Texas Divorce Mean? Houston Divorce Lawyer : Potential clients who come to see us who have been served with divorce paperwork often ask us “what is “insupportabilty?” Insupportability Under the Texas Family Code The Texas Family Code section 6.001 says, “On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” No-Fault Divorce Divorce Lawyer in Houston : One potential client told me, “that is clear as mud; what does insupportability really mean?” The most common way to obtain a Texas divorce is to file on the grounds of insupportability, which means “discord or conflict

Grandparent Visitation Rights in Texas?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Grandparent Visitation Rights in Texas? The Woodlands Divorce Attorney : An attorney in our office recently settled a case where two grandparents were seeking court approved and mandated visitation with their two grandchildren. The circumstances for these folks were tragic to say the least. Their son, the father of both children, is serving time in prison for the next twenty-five years. The children's mom is facing criminal charges of her own but is not currently behind bars and acted as the opposing party to our clients. PRESUMPTION THAT PARENTS ACT IN THE BEST INTEREST OF THE CHILDREN Spring Divorce Lawyers : The case began in early July with a phone call to the clients in which our attorney told the potential client’s grandparents do not have an automatic right to visit their grandchildren if the children's parents do not allow for it. It would depend on the

Should I tell my spouse to move out of the home during a divorce?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Should I tell my spouse to move out of the home during a divorce? Family Law Attorneys Houston : Last week a prospective client walked into our office and asked for some advice regarding the divorce process. She had made up her mind that it was time to file for divorce against her husband but was unsure how to go about it. Her main concern had to do with whether it was a good idea or not to have her husband (and the father of her kids) continue to live in the marital home or to ask him to leave in the divorce papers. While there is no "one size fits all" piece of advice that can apply equally to all inquiring spouses there are some factors that are worth consideration across the board. KEEP YOUR CHILDREN IN MIND DURING THE DIVORCE As touched on in our introductory paragraph, whether there are children involved is perhaps the most important consideration. If

Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Why is Separate Property Important and How to Keep it Separate in a Texas Divorce? . PROPERTY AND DEBTS Houston Family Law Attorneys : The issue of how to divided property and debts is one of the main issues that must be resolved in any Texas divorce proceeding. Marriage creates three independent property estates: 1. Husband’s Separate Property 2. Wife’s Separate Property 3. Community Property WHAT IS COMMUNITY PROPERTY AND WHAT IS SEPARATE PROPERTY? Divorce Houston : In general, Texas Community Property is property acquired by either spouse during the marriage. There is a rebuttable presumption that all property owned at marriage is community property. To rebut this presumption, spouses must provide clear and convincing evidence that a asset is separate property in Texas. Separate Property in Texas is 1. property acquired before marriage, 2. property

When is, Cheating Considered Adultery in a Texas Divorce?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in When is, Cheating Considered Adultery in a Texas Divorce ?. WHAT IS ADULTERY IN TEXAS? Family Attorney Houston : Under Texas Family Code section 6.003 adultery is a legal term in Texas that means the voluntary sexual intercourse of a married person with one not the spouse. BURDEN OF PROOF “Adultery can be stablished by either: 1. Direct evidence or 2. Circumstantial evidence Adultery can be shown by direct or circumstantial evidence.” In re Marriage of C.A.S. & D.P.S., 405 S.W.3d 373, 383 (Tex. App. 2013) However, the burden of proof for proving adultery is clear and convincing. Mere suggestion or innuendo is not enough to prove adultery. Ayala, 387 S.W.3d at 733. Clear and convincing evidence is a higher standard than “preponderance of the evidence,” which is generally used civil disputes. WILL IT BE HELD AGAINST ME IN THE DIVORCE IF I GET ANOTHER WOMAN

Emancipation of a Minor Child in Texas

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Emancipation of a Minor Child in Texas . Houston Family Lawyers : When I was a teenager, I was barely able to boil water and couldn't do laundry. However, there are circumstances where teenagers are able to live separately from their parents. Starting at the age of 16 (the minimum age in Texas that a child may become emancipated without a court proceeding) consideration may be given by a court to a child's request for emancipation. DUTY TO SUPPORT YOUR CHILD Houston Family Law Attorney : Parents in Texas have a legal obligation to raise their children, in their home until the kids reach the age of 18. An exception exists when the parent gives their children permission to live in the home of another adult like a grandparent or another family member. Why do parents have this obligation? The biggest issue a child would potentially have if they tried to move out

Voluntarily Relinquishing Your Parental Rights in Texas

If you want to related guideline confidentiality Texas Divorce Law experience, So you can better suggestions in Voluntarily Relinquishing Your Parental Rights in Texas . Houston Divorce Lawyers : I periodically consult with a potential client who ask about terminating their own parental rights. Why would a parent want to relinquish their parental rights? In this case as in it came come down to money. The father felt that child support was too much of a burden and would rather completely break apart his relationship with his child than live up to the obligation of paying child support. HOW EASY IS IT TO TERMINATE YOUR PARENTAL RIGHTS? Family Law Attorney Houston : As a general proposition, it is extremely difficult for a parent to terminate their own parental rights in Texas. Their rights and duties as a parent are severed from the child or children when this occurs. The right to see them, discipline them or even contact them goes away. No more permanent sign of this comes in

The Divorce Temporary Orders Guide

If you want to related guideline confidentiality Texas Divorce Law experience, So you can better suggestions in The Divorce Temporary Orders Guide . Divorce Lawyer in Spring TX : One of the biggest concerns spouses have after filing for divorce is, “What happens now?” It is vital for you to fully understand all the stages of the divorce process so that there won’t be surprises during the pendency of your case. Knowledge and preparation are key to positive outcomes for you and your family. DIVORCE TEMPORARY ORDERS Spring TX Divorce Lawyer : Once the divorce is filed it is time to take stock for their situation. Things to consider include: 1. How community expenses are going to paid 2. Who will have use of and possession of specific community property such as vehicles and the marital residence 3. Who will be the primary parent in possession of the children 4. What sort of visitation the children will have with the parents 5. The amount of temporary child support 6. Which