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Showing posts from December, 2018

The Holidays During Your Texas Divorce?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in The Holidays During Your Texas Divorce? Divorce Lawyer in Houston : As the old adage goes: you can pick your friends, but you can't pick your family. This is true to a great extent, however, any person who's going through a divorce can tell you that your spouse can pick to be no longer be your family member simply by submitting a piece of paper to a court. With a few clicks on a keyboard, your life partner can essentially choose a life without you and in so doing can throw your relationship with your children and your extended family into turmoil. Focus on your Children Patience during the holidays is important. The ability to take a step back from the situation you're going through with your spouse in order to enjoy the time available with your child(ren). The reality is straightforward: your kids are not going to remember every present you bought them,

Can I Sue My Spouse for Mental Abuse in My Texas Divorce?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Can I Sue My Spouse for Mental Abuse in My Texas Divorce? Spring TX Divorce Lawyer : Infidelity in a marital relationship is one of the most fatal wrongs that one spouse can commit against the other. It is a betrayal of not only the trust between the two partners but of the bonds that tie the family unit- parents and children-together. When a person finds out about an adulterous affair feelings of anger can quickly turn into feelings of revenge. How can I get even? What can I do to have the last laugh in our Texas divorce? Marital Tort – Intentional Infliction of Emotional Distress Enterprising spouses that have been cheated on, whether in an attempt to save face or to settle the score, have attempted to pursue claims against the "other" man or woman that are based in tort law. Torts are basically when one person commits a wrongful act against another p

Will My Spouse Get Part of My Retirement in Our Texas Divorce?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Will My Spouse Get Part of My Retirement in Our Texas Divorce? Kingwood Divorce Attorney : One of the things my client or potential clients are often concerned about during their Texas divorce is their retirement accounts. They want to know if they are going to be able to keep their retirement. The answer to that question as with many questions of law depends on the facts of each case. Your Retirement May be Community Property Under Texas law, income earned during the course of a marriage considered to be joint, community property. In the same manner retirement savings, whether in the form of an IRA, 401K or pension, are also joint property if earned during the marriage. It is not as simple as taking half of what is in your account and ceding it to your spouse, however. When a couple divorces, each spouse has an interest to part of the retirement benefits that have ac

Can I sue my spouse's mistress in Texas?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Can I sue my spouse's mistress in Texas? Houston Family Law Lawyers : It is a sad but frequent occurrence for clients of the Law Office of Bryan Fagan that they have become aware that their spouse is having an affair. For most people this is the highest form of betrayal and something deeply offensive to their sensibilities. After seeking information on how to divorce their spouse it's not uncommon for the question of whether or not it's possible to sue their spouse's paramour to arise. No Alienation of Affection Lawsuits in Texas The short answer is, at least in the great state of Texas, no. The Texas Family Code has a specific provision (T.F.C. section 1.107 to be exact) that states that Texas residents do not have a right of action against a third party for what's called "alienation of affection". This is lawyer talk which tells us that i

How does being a military family impact your child custody case in Texas?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How does being a military family impact your child custody case in Texas? Family Lawyer in Houston : Texas is a big state. Texas is a state with a lot of people living here. Stop me before I tell you something you already knew. Fort Hood is one of the largest military installations in the country. Lackland Air Force Base in San Antonio is the site of all basic training for our Airmen and Airwomen. If you are an active duty servicemember or veteran, thank you for your service first of all. We are all indebted to you for your service to our nation and defense of our freedoms. For the purposes of a family law office, I can tell you all reading this blog post that many servicemembers are also parents who are involved in active family law cases in Texas and other states. Family law cases that involve active duty servicemembers and veterans are among the most complex that a fa

Military families and divorce in Texas

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Military families and divorce in Texas Divorce Attorney in Houston : Families in today’s world are not the nuclear family of generations past. Unmarried couples cohabitate with as much frequency as married couples and children born to unwed parents are commonplace as a result. Divorce occurs with greater frequency now than in years past. More children are being raised by a single parent (often times a single mother) than people of our parents’ generation would have ever guessed. I mention these trends not in a judgmental way, but in order to point out that stability and consistency in family life is not the norm in today’s world. We see parents of children and the adults that are in their lives go in an out of the home due to changing relationships and shifting family dynamics. It’s a microwave culture that we live in. If we can’t have something now, we don’t want it at

When Can a Minor Child Weigh in on Custody Decisions in Texas?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in When Can a Minor Child Weigh in on Custody Decisions in Texas? Family Lawyer Houston : I often have a parent ask me if, “If their 12-year-old child can decide which parent they live with?” This is one of the biggest myths in Texas child custody law. In some states, the minor child may decide which parent he or she chooses to live with. That is not so in Texas. A child does not have the right to decide which parent shall have custody. In Today’s blog we will discuss the law regarding a child’s preference and how a Court makes its decision regarding child custody. SHOULD THE CHILD DECIDE CUSTODY? Divorce Lawyers Houston : In Texas, children who are at least 12 years of age can have a say in where they will live, but a judge does not have to follow the child’s wishes. It is wrong to assume a child has the right to get to decide where he or she will live once they turn 1

Texas Divorce and the Right of First Refusal

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Texas Divorce and the Right of First Refusal . Divorce Lawyer Houston : Potential divorcing parents that come to see me often ask about get a “right of first refusal.” It often seems like a good idea to them. It has been my experience that in practice for many of clients a court ordered “right of first refusal” is often a disaster in practice. In this article, we will discuss what a “right of first refusal” is and why you may want to be cautious when asking for one. WHAT EXACTLY IS THE RIGHT OF FIRST REFUSAL? The way a “right of first refusal” (ROFR) is generally a mutual agreement and the way it is supposed to work is that is a parent in possession of the children and who is going to be away from the children for a certain extended period of time must notify the other parent and offer them the chance to have possession of the children for that period of time. The id