Posted on May 28, 2024 in Divorce

A major part of the divorce process is dividing marital assets, or what Texas law calls community property. This is property that belongs to both spouses jointly. The general rule is that any asset that was acquired by either spouse during the marriage — with some exceptions — is community property and should be divided between both parties.

The procedure for dividing these assets is complex. It is also taken very seriously by courts because spouses sometimes try to hide money from their spouses during this process.

Opening a separate bank account during a Texas divorce is not illegal, but it can mean certain things when it comes to dividing assets. Consult a Texas attorney about whether the time is right for you to open a separate bank account.

When Can I Start Separating My Assets?

You do not need to wait for the court to begin separating your and your spouse’s assets. However, it should be done together with your spouse. If you do it without your spouse’s consent or knowledge, he or she may think you are trying to steal community property. In that case, he or she can ask the court to issue a temporary restraining order on the assets until everything has a chance to be divided. This means that your bank accounts would likely be frozen.

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 Posted on May 06, 2024 in Child Custody

Parents who get divorced in Texas need to follow a schedule for sharing physical custody, or possession, of their child. This schedule can either be decided by the parents or a judge. In either case, the court will issue a possession order that contains the schedule terms.

Choosing a possession schedule is a key component of the divorce process and affects everyone involved. The wrong timetable can foster resentment, cause distress to the child, and make it harder for the parties to adjust to a post-divorce life. It is important, therefore, to consult a child custody attorney regarding which schedule to choose.

Which Schedule Should I Choose?

A court will allow any custody arrangement as long as it is in the best interest of the child. If you and your spouse can agree on a schedule, you will need to submit it to the court. If the court approves, the judge will issue a possession order making your schedule legally binding.

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 Posted on April 26, 2024 in Divorce

Ending a marriage requires planning. Couples who get divorced need to tie up their loose ends before parting ways. There are assets to divide, payments to make, and children to raise. If divorcing parties agree on everything, it is called an uncontested divorce.

If divorcing spouses disagree on any issues, however, it is called a contested divorce. In that case, a Texas judge will most likely order the couple to resolve their differences in mediation. Mediation is a great way to settle these issues out of court.

However, mediation is not relevant for all cases. This article will discuss what mediation is and when it might not be suitable. If you have any questions about mediation, make sure to consult with a qualified Texas attorney.

What is Mediation?

Mediation is a form of alternative dispute resolution, which means it is a way to resolve an argument without having to go to court. When a couple attends mediation, they meet with a mediator who tries to guide them toward a resolution on each issue.

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 Posted on April 16, 2024 in Child Custody

Child visitation rights are taken very seriously in Texas. This is not only to protect parents’ rights but because Texas law believes it is in a child's best interest to have time with both parents.

When two parents get divorced in Texas, they need to agree on custody and visitation arrangements, which are detailed in a document called a “possession order” in Texas.

If parents cannot create a visitation order themselves, it may be decided for them by a court. In both cases, the court will issue the final visitation order, which is a court order that makes the rights and responsibilities of each parent legally binding. (You can use the terms “parenting plan,” “visitation order,” and “possession order” - they all mean the same thing). In some counties, there are domestic relations offices that enforce visitation.

If you believe a visitation order has been violated, contact a qualified Texas family lawyer so you can understand your options.

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 Posted on March 23, 2024 in Divorce

Divorce can be difficult for anyone to experience. It can certainly be hard for the spouses, as they are dealing with the breakup of a committed relationship while also needing to negotiate the terms. It can also be difficult for their children who might feel they had no say in the matter even though it affects their lives too. This article will offer some tips for navigating how to talk about this transition with your children. If you have more specific questions, a skilled San Antonio, TX divorce attorney can offer further guidance.

Tip 1: Be Honest and Transparent

When speaking with your children about your divorce, it is crucial that you are as honest and transparent as you can be. Of course, you need to take into account what is age-appropriate for them. Children can tell when something is being hidden from them. Be honest but sensitive about what this will mean for your family - that you will no longer be one family unit but will live separately, but that you and their other parent love them and are committed to doing whatever you both can to make this transition as smooth as possible for everyone. Make sure they know that this is not their fault and that they are as loved as ever.

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 Posted on March 07, 2024 in Divorce

Every divorce is unique just the same as every marriage is unique and every person is unique. Although it is common to think about a couple going through a divorce as two people who cannot stand each other and seek to punish each other through their court proceedings, some couples simply do not fit that description. Some people can have what is called an uncontested divorce, and this article will explain what that means. For more information better tailored to you and your specific situation, you should speak with a knowledgeable San Antonio, TX divorce lawyer who can offer invaluable guidance.

How Does Uncontested Divorce Work?

Any couple that gets a divorce needs to ultimately reach a settlement that they can both accept. The settlement includes issues related to property division, asset division, alimony, child custody, child support, and more. Under certain circumstances, a couple can have what is known as an uncontested divorce, which means they have managed to resolve all the issues necessary for their divorce settlement and the court need not intervene.

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 Posted on February 26, 2024 in Divorce

Agreeing on the terms of the divorce itself can be just as difficult as the decision to split up. If you need a contested divorce, you do not have to go through the process alone. A Texas lawyer can be on your side through each step. There are several reasons you may consider a contested divorce.

You Have Complex Financial Assets or Debts

Maintaining finances can be one of divorce's messiest and most contentious parts. When you have complicated assets like businesses, significant investments, or debts, calculating the value and deciding who gets what is rarely straightforward. If you and your spouse cannot agree on major assets or liabilities, the matter may need to go before a judge.

Contested divorces tend to make the most sense financially when:

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 Posted on February 15, 2024 in Divorce

You likely share moments on your social media, like memories, locations, thoughts, and more, across various apps and websites. However, this oversharing can have unintended consequences, especially for those going through a divorce. Social media activity is being introduced as evidence in divorce cases more frequently, impacting negotiations, asset division, custody agreements, and more. A San Antonio, TX divorce lawyer can help you figure out how social media may impact your specific case.

What Gets Posted Online Can Be Used Against You

You likely know that social media posts can come back to haunt you when applying for jobs or running for office. The same goes for divorce proceedings. Any photos, videos, messages, posts, or other online interactions can potentially be obtained and presented in court by either party. Digital forensics can also uncover content you may have deleted.

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 Posted on January 25, 2024 in Family Law

If you have been fostering a child and are interested in adoption, you likely have questions about when you can legally adopt your foster child. There are several factors that impact the timeline for adoption of a foster child. A Texas family law attorney can help see the potential in your case and how you may be able to move forward.

Meeting Basic Eligibility Requirements

Before a foster family can adopt a child they have been fostering, they must meet certain eligibility criteria. These include being at least 21 years old, financially and emotionally capable of caring for the child, completing required training programs, and passing background checks and home inspections. If the foster family does not meet these baseline requirements, they will not be able to adopt the foster child.

Length of Time Fostering the Child

In Texas, there are no set timelines dictating how long a family must foster a child before adopting him or her. However, generally, Child Protective Services aims to place foster children with families who might provide a permanent home, either through adoption or permanent managing conservatorship. The longer a family fosters a child, the better sense CPS will have around the suitability and emotional bond between the foster family and child. While there is no formal minimum, most adoptions of foster children in Texas take place only after the child has lived with a family for 12 months or longer.

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 Posted on January 10, 2024 in Fathers' Rights

Over recent decades, Texas legislation has reflected growing equality between parental rights regardless of gender. However, in practice, fathers still face bias risks and unique hurdles around establishing and retaining relationships with children through separation or divorce. Understanding key factors of the law and navigating the tricky timeline with a Texas child custody attorney can help fathers best protect their rights and access.

No Explicit Custody Preference Between Parents

Long gone are outdated formal assumptions in Texas law granting mothers inherent preference over fathers as “naturally better caregivers” for deciding custody. The overarching legal standard governing decisions today aims to determine parenting plans and custody arrangements purely per children’s best developmental interests, regardless of gender.

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