Posted on October 17,2024 in Divorce

Laws constantly evolve to meet the new demands of reality. As with every other field of law, the same is true for divorce law. If you initially looked into a divorce years ago but then managed to reconcile with your spouse, the laws might be different now. It is always important to make sure you have an up-to-date understanding of laws relating to your life, but if you are considering divorce, it is crucial that you know what you can expect.

Divorce proceedings, custody arrangements, property division, and all other aspects of divorce can be impacted by new laws. An experienced Denton County, TX family law attorney can review the laws with you and answer any questions you might have about your personal situation.

How Have Texas Divorce Laws Changed Over the Past Few Years?

Laws pertaining to several aspects of divorce have seen some changes lately. Some of these changes include:

Continue Reading ››

 Posted on September 20,2024 in Property Division

A prenuptial agreement is a legally binding document people can sign before their wedding. Its purpose is to outline what property and assets would be considered part of the marital estate and subject to an equitable division during divorce and which would be considered each spouse’s individual property. There are many advantages to having a prenuptial agreement. However, there is a major disadvantage when someone has been manipulated into signing one that does not equally protect their rights and interests. Fortunately, there are several standards a prenup must meet to be considered a valid legal document. If you were forced into signing a prenup that unfairly protects your spouse’s interests over yours, speak with a skilled Frisco, TX family law attorney to see whether it is invalid.

What Makes a Prenup Invalid in Texas?

A prenup is supposed to help eliminate a lot of the confusion about what legally belongs to who so that in a future hypothetical divorce, the process of dividing the marital estate can be smoother. Unfortunately, some families, particularly those with means, are worried about someone marrying into their family to get their money. If they have a family lawyer, they can draw up a prenup that disproportionately protects their family’s interests at the future spouse’s expense.

Continue Reading ››

 Posted on September 09,2024 in Child Support

One of the most commonly debated issues that comes up when parents divorce is child support. There are legal procedures to help them figure out which spouse will have to pay and how much the payments will be. Of course, like all aspects of the divorce settlement, this arrangement will be calculated based on the facts at the time of the divorce.

If either parent’s circumstances change later on, they might wonder whether this would also mean a change in their divorce decree. For example, if you are the paying parent and you lose your job, will you be able to stop making those payments? What if you get a promotion and a nice raise? Will your child support payment reflect this, with anything extra you earn going straight to your child’s other parent? If you have questions about how changes in your life might lead to modifications in your child support payments, speak with a qualified Denton, TX child support attorney to learn more.

Continue Reading ››

 Posted on August 26,2024 in Adoption

Adopting your wife’s child, also known as stepparent adoption, is a significant legal process that can strengthen family bonds and provide legal recognition of your relationship with your stepchild. Stepparent adoption is sometimes possible but involves several important steps and considerations with a Texas lawyer.

What You Should Know About Stepparent Adoption in Texas

Stepparent adoption is a process that allows you to become the legal parent of your spouse’s child. This significant step grants you full parental rights and responsibilities, profoundly impacting you and the child. As an adoptive parent, you gain the ability to make important decisions about the child’s education, healthcare, and upbringing. 

In the event of a divorce, you would continue to have legal custody and visitation rights. The adoption also ensures that the child can inherit from you and becomes eligible to receive your social security benefits. However, you must understand that stepparent adoption permanently terminates the parental rights of the child’s other biological parent. This means the other parent will no longer have legal rights or responsibilities toward the child.

Continue Reading ››

 Posted on August 09,2024 in Military Divorce

Military service members face unique challenges when it comes to child custody arrangements. Active duty can involve frequent relocations, deployments, and unpredictable schedules, which can complicate custody agreements and visitation schedules. If you are a service member, a Texas lawyer can help you. It is important to understand your rights and options.

The Impact of Military Service on Child Custody

Active military duty can significantly affect child custody arrangements in several ways. Deployment often leads to extended periods away from home, disrupting established custody schedules. Frequent relocations may require modifications to existing custody agreements. The unpredictable nature of military obligations can make it difficult to maintain consistent visitation. Deployment to remote areas may limit regular contact with children.

Despite these challenges, Texas law recognizes the importance of maintaining parent-child relationships for service members. The state has implemented protections to ensure that military parents are not unfairly disadvantaged in custody proceedings due to their service.

Continue Reading ››

 Posted on July 29,2024 in Divorce

In 2020, the digital world experienced a major boom with the arrival of COVID-19. And while people have trickled back to the office since the pandemic faded, many continue to replace their physical presence with virtual attendance. Videoconferencing is used more than ever for work meetings, chats with friends and family, classes, and even mediation.

Mediation is a form of alternative dispute resolution, which means it is a way to resolve disputes outside of court. Most divorcing couples reach settlements through mediation and are thereby spared time-consuming and expensive court battles.

This article will discuss the pros and cons of virtual mediation. Keep in mind that whether mediation is online or in person, having a Texas divorce mediation attorney present is a major advantage.

What Is Mediation?

Mediation is a private negotiation process. It is facilitated by a mediator, a neutral party who is trained in negotiation and certified to conduct mediation. The process may contain one or more sessions, with each usually lasting between two to four hours. 

Continue Reading ››

 Posted on July 14,2024 in Divorce

Not every divorce starts out the same. Sometimes the decision comes suddenly, perhaps in reaction to abuse or adultery. Other times, the decision to get divorced is expected and a long time coming, usually after the couple has been drifting apart for a while. In those cases, a spouse may have become involved in a serious romantic relationship and might even be ready to marry by the time the divorce is finalized.

However, while many states allow spouses to remarry immediately after the divorce decree, Texas is one of the states that usually do not. States that have mandatory waiting periods for remarriage after divorce include:

• Kansas — 30-day waiting period

• Washington, D.C. — 30-day waiting period

• Alabama — 60-day waiting period

• Massachusetts — 90-day waiting period

• Rhode Island — Three-month waiting period

  Continue Reading ››

 Posted on June 27,2024 in Divorce

Divorce is known for being a complicated and trying ordeal, but it does not always have to be. A great Texas divorce lawyer can be the difference between a nightmare divorce and a relatively smooth process. He or she can also be the difference between a divorce where you are saddled with extra debt and financial obligations, and a divorce where you walk away with as little financial strain as possible.

A great divorce lawyer, however, is more than just a law degree. Some law school graduates walk out of Harvard and cannot explain basic legal principles. Others graduate from third-tier colleges and start successful firms. 

What makes a great divorce lawyer comes down to several factors, including five qualities that the best divorce attorneys share.

Honesty

Some attorneys will use any means necessary to rope in a client, even if it means skewing the truth. Some decent attorneys might even promise their clients results they cannot achieve. A great attorney, on the other hand, is always straight with his or her clients. If something cannot or should not be done, he or she will explain that.

Continue Reading ››

 Posted on June 16,2024 in Divorce

Many things change after a divorce. People often see it as an opportunity to move on and even reinvent themselves. This sometimes includes changing their last names back to their maiden names, which many divorcees choose to do.

It is also common for a divorced parent to want to change the last name of his or her child. This can sometimes be done, but it is not as simple as changing your own name. Under Texas law, unless your divorce decree states otherwise, your co-parent has the same rights and responsibilities that you do. Therefore, there is a legal process for changing a child’s last name after a divorce, which only should be done with the guidance of a Texas divorce attorney.

How Can I Change My Child’s Last Name?

Your child’s last name will not automatically change if yours does. If you want to change your child’s last name, Texas law says that you need to petition a court to do so. When you do, the judge will be looking for the answer to one question: Is the name change in the child’s best interest? To find that answer, the court will look at certain factors, such as:

Continue Reading ››

 Posted on May 28,2024 in Child Custody

Some of the hardest parts of divorce for parents are child-related matters. Parents who split up must also split child custody, possession, access, and parental responsibilities. Even though the spouses no longer want to be together, they must still work together to make major decisions. They must decide, for instance, how to raise the child, where the child will live, and how the child will be educated.

Texas law understands that this is a difficult undertaking for divorcing parents. That is why they are required to submit a parenting plan to the court as part of the divorce process. The parenting plan, if drafted correctly by an experienced attorney, can help prevent a lot of disagreements parents might have about their child.

What Is a Parenting Plan?

A parenting plan is a document that describes how you and your ex-spouse will parent your child after divorce. The plan includes such details as:

Continue Reading ››