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Five Important Terms in a Texas Divorce Involving Kids
In Texas, family law uses specific terms that can seem confusing at first, especially because they are different from commonly used terms like "child custody" and "visitation." If you are thinking about getting a divorce, taking the time to learn these terms and what they mean can make divorce easier and less stressful. At Brandon Wong & Associates, our Texas divorce and family law attorneys focus on making the divorce process approachable for everyone. Call us today.
Conservatorship
In Texas, "conservatorship" refers to the legal rights and responsibilities a parent has regarding their child. Instead of terms like "custody," Texas law uses "conservator" to describe a parent's role. There are two main types:
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Joint Managing Conservatorship (JMC): Both parents share decision-making responsibilities for major aspects of the child’s life, like education and medical care.
Can My Separate Property Become Marital Property in a Divorce?
In Texas, dividing property during a divorce is often a complex process, especially when trying to distinguish between separate and marital property. Texas is a community property state, meaning most property acquired during the marriage is jointly owned by both spouses and subject to division in a divorce.
However, separate property, which belongs solely to one spouse, is not divided during a divorce. This distinction can become blurred when separate property becomes marital property, in part or in whole. Understanding how this happens and the consequences can help you protect your interests, and our Texas family lawyers are here to help.
What is Separate Property in Texas?
Under Texas law, separate property includes assets owned by one spouse before the marriage, as well as gifts, inheritances, and personal injury settlements received during the marriage. This type of property is not subject to division in a divorce, but proving an asset is separate property requires clear and convincing evidence, such as documentation or financial records.
How Can I Recover Unpaid Child Support?
Child support is critical for ensuring children have the money to buy the things they need to thrive. The stereotypical deadbeat dad tends to be a parent who disappears, is unemployed, or is simply uninterested in his children’s wellbeing. Often, however, parents who do not pay child support are able to do so but choose not to for selfish or vindictive reasons.
If your child’s other parent has the ability to pay child support but refuses to do so, it can cause significant financial strain and emotional stress for the entire family. Fortunately, there are legal options to help you recover unpaid child support. An experienced Texas child support recovery attorney can guide you through the process, ensuring you take the right steps to protect your rights and those of your child.
Recognizing Common Child-Support Avoidance Tactics
Some parents, especially financially savvy parents, intentionally avoid child support payments using various tricks and tactics. This can make it very difficult to recover the money you need. Understanding these strategies is the first step toward addressing them effectively. Common child-support avoidance tactics include:
Fault vs. No-Fault Divorces in Texas: What's the Difference?
If you want a divorce in Texas, there could be several concerns keeping you up at night. You might worry that you will be held responsible for ending the marriage and what you stand to lose.
The state of Texas recognizes both fault and no-fault divorces; depending on the circumstances of the breakdown of your marriage, you may or may not get an equitable share of your marital assets. Regardless of whether you are going through a fault or no-fault case, a Texas divorce lawyer at Brandon Wong & Associates can offer professional guidance and represent your best interests in a court of law.
Understanding Fault in Divorce
Not every slight or grievance constitutes a fault-based divorce. In Texas, grounds for fault-based divorce are specific, as follows:
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Cruelty. Physical or emotional abuse is recognized as a valid reason for fault divorce in Texas if it reaches a point where living together with your spouse becomes inhospitable.
What Are The Barriers to Adoption in Texas?
Adopting a child is one of the most noble things a parent can do. However, there are rules and regulations in place in Texas with children’s safety in mind, making sure that a potential parent is the best fit. Before you look into adoption, it is important to know what barriers may stand in your way, and how you might address them if at all possible. A knowledgeable Bexar County, TX family law attorney can help you overcome obstacles in the adoption system, and advocate for you in court.
Age
In Texas, you must be at least 21 years old to adopt a child. This applies when parents want to adopt as well as when there is a request to adopt within a family, for example, when an older sibling wants to adopt a younger one. Unfortunately, there is no way around this regulation but to wait.
Health Conditions
When determining your fitness to be a parent, adoption agencies will take a thorough look at your medical history, including physical and mental conditions. The mere presence of a health condition will not disqualify you; the agency will only make a judgment against you if your health would inhibit your ability to provide for the child’s needs.
Paternity Tests and Divorce
Infidelity is a common cause of divorce. If you know that your spouse has been unfaithful, it might raise questions about whether you are the father of her children. In Texas, when a child is born to a married woman, her husband is legally presumed to be the child’s father. However, the presumption of paternity is rebuttable. This means that you have an opportunity to prove that you are not the father and have the law recognize that the children in question are not your responsibility. If you suspect that you are not the father of your spouse’s children, it is generally best to determine paternity during your divorce. An experienced San Antonio, TX divorce lawyer can help you with this complex situation.
Paternity Must be Established Before Child Custody is Decided
Issues that concern the children cannot be decided until paternity is established. If you suspect that the children born into your marriage are not biologically yours, it makes sense to wait until you are sure to start discussing child custody and child support. The court will likely order a paternity test and wait for the results before moving on to other issues since the paternity issue can affect every aspect of your divorce.
Tips for Negotiating Child Support
Unless you and your co-parent will be dividing your children’s time 50/50 and are on roughly equal economic footing, one of you will likely need to pay child support. If you are planning for an uncontested divorce, you will have the opportunity to negotiate child support yourself, with a few caveats. Because it is the child, rather than the parent, who is entitled to child support, a court will need to approve your agreement. The court will only approve a child support agreement that is in the child’s best interests. You should be represented by an experienced San Antonio, TX child support lawyer while negotiating child custody and support.
Know the Law
A good starting point for negotiations is what the judge would probably order if you and your co-parent went to court on this issue. Texas law considers factors like how much time each parent spends caring for the child, each parent’s relative income, and the specific needs of the children when determining who should pay child support and how much. Skilled attorneys can make an educated guess about what the payor’s child support obligation would look like if it were strictly up to a court.
Should We Consider a Postnuptial Agreement in Texas?
When it comes to marriage, there are many aspects most people are familiar with: a couple generally exchanges vows and rings, they say "I do," and then someone else says: "you may not kiss the bride." Many marriages also include a prenuptial agreement that was signed before the wedding. What a lot of people do not realize is that even if you do not sign it "pre" (before) the "nuptial" (wedding), you still have an option as a couple to draft an agreement that outlines your financial situation, assets, property, obligations, and how you will divide everything if you ever get a divorce. This article will examine the Texas postnuptial agreement. If you and your spouse think this might be a good idea for you, contact a knowledgeable Bexar County, TX marriage lawyer to learn more.
Is a Postnuptial Agreement the Right Move for Us?
Postnuptial agreements are used by married couples in Texas for many reasons, even if they are not planning on getting divorced:
Can I Appeal the Property Division in My Texas Divorce?
The way a couple’s property is divided in a divorce can have a serious impact on the spouses’ financial stability for many years in the future. Sometimes, one spouse might be pleased with how the marital estate was divided but the other feels the arrangement is grossly unfair or was done in contradiction of Texas divorce law.
Although it can be a major challenge, it is possible to appeal the decision in some cases. If you are uncomfortable with how your marital estate was divided, speak with a skilled San Antonio, TX divorce lawyer to understand your options for appealing the divorce ruling. You have a very limited amount of time to file an appeal, so contact us right away.
What Makes a Property Division Unfair?
While you might not like the division arrangement in your divorce, that does not make it objectively unfair. Factors that can demonstrate an unfair division include:
Political Disagreements Leading to Divorce in Texas
In the current political landscape, political views are beginning to cause more relationship problems. With political disagreements being increasingly mentioned as a reason couples want a divorce, it is becoming clear that this trend deserves attention. If you and your spouse are frequently involved in tense and heated political debates, contact a qualified Bexar County, TX divorce lawyer to learn more.
How Do Political Arguments Lead to Divorce?
As surprising as it might seem, disputes over politics sometimes reveal other underlying issues between a couple. Healthy couples with productive communication are often able to disagree with each other, even heatedly, and still maintain their strong bond. When a couple is already unstable, disagreements over political issues can seem like the straw that breaks the camel’s back. According to a 2017 study, 10% of American couples stated political differences as the reason for their divorce. This can be explained in several ways:
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
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