Category: Practice Areas

Do I Qualify for an Annulment

Do I Qualify for an Annulment?

Posted by Renken Law Firm on

What is an annulment?

An annulment is a legal case that ends a marriage. A judge can grant an annulment based on reasons that existed when the marriage started. If the judge grants the marriage, it will be like the marriage never happened, legally speaking.

Getting an annulment can be fairly simple once you can prove one of the grounds for an annulment. It can be more complicated if you did the following during the marriage:

  • You had a child or conceived a child; or
  • You bought property together.

Do I Qualify for an Annulment? 

Common grounds for annulment include:

  • Lack of legal capacity: One or both parties did not have the legal capacity to enter into a marriage, such as being underage or mentally incapacitated.
  • Fraud or misrepresentation: One party deceived the other, leading them to enter into the marriage under false pretenses.
  • Bigamy: One party was already married at the time of the marriage.
  • Incest: The marriage is between close relatives who are prohibited from marrying under the law.
  • Non-consummation: The marriage has not been consummated, meaning the spouses have not engaged in sexual intercourse.

Consulting with a family law attorney in your jurisdiction can provide specific guidance based on the applicable laws in your area. Our legal team works with individuals to assess their situation and advise them on whether they meet the criteria for an annulment or if other legal options, such as divorce, may be more appropriate for their circumstances. Schedule a consultation with one of our attorneys today to find out more information for ending your marriage.

What is the difference between an annulment and a suit to declare a marriage void?

A spouse whose marriage fits any grounds for annulment can file an annulment lawsuit. They can also choose to stay married. Texas law calls their marriage “voidable.”

Some marriages are not valid under Texas law under any circumstances. Texas calls these marriages “void.” Void marriages include:

  • Marriages between certain relatives; and
  • Marriages in which a spouse is already married.

An annulment is an optional way to end a voidable marriage. A suit to declare a marriage void applies to marriages that cannot be valid under Texas law.

How long do I have to live in Texas to file for an annulment?

You do not need to have lived in Texas for any specific amount of time before you can file for an annulment in Texas. You only have to meet one of the following requirements:

  • At least one of you lives in Texas at the time you file the annulment petition; or
  • You got married in Texas.

Where can I file an annulment petition?

You can file a petition for annulment in the county where:

  • You got married;
  • All or most of the events that led to your marriage took place; or
  • Your spouse lived when you got married.

If you got married in Houston, for example, you can file the petition in Harris County.

The local district clerk can tell you which courts handle annulment cases. In most counties, the courts that handle divorces also handle annulments.

Most divorcing couples do not qualify for annulment. If you have questions about your ability to annul your marriage or would like to move forward and file for divorce, the team at Renken Law Firm can help you. We work with a wide range of individuals to help them dissolve their marriages and move forward with their life. Filing an annulment and a divorce are not the same but both can legally end a marriage. Contact us today to learn more about your options for disovling your marriage.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative.

We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

When Should I Hire a Family Attorney

When Should I Hire a Family Attorney?

Posted by Renken Law Firm on

What is Family Law?

Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel.

The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases.

With respect to property division at the time of divorce, every state has a comprehensive set of laws in place to determine the rights of the parties. However, couples who do not agree with the default rules in their state can “opt-out” by hiring a lawyer to draft a prenuptial agreement. Absent fraud or duress, courts will enforce these premarital agreements upon divorce, and distribute property and financial support accordingly.

Family law also involves the prevention of physical and emotional abuse. The potential for domestic abuse is not limited to relationships between current or former spouses and their children. Judges will not hesitate to assert jurisdiction to protect an elderly family member, someone in a dating relationship, or even a roommate. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact.

When Should I Hire a Family Attorney?

There are many different family law issues that hiring a family attorney can help you to navigate. Listed below are some common situations in which you might benefit from hiring a family attorney:

  • Divorce: Are you currently going through a divorce? A family attorney can help you navigate the legal process, including division of assets, child custody and visitation, spousal support, and child support. They can guide you through negotiations, represent you in court if necessary, and ensure your rights and interests are protected throughout the divorce process.
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  • Child Custody and Visitation: Hiring a family lawyer is a great idea anytime disputes arise regarding child custody and visitation arrangements. Your attorney will work with you to understand your rights and work toward a resolution. They can assist in establishing or modifying custody agreements, creating parenting plans, and representing you in court proceedings. Even if you do not expect a lengthy child custody battle, hiring a family law attorney can help you.
  • Child and Spousal Support: If you need to establish, modify, or enforce child support or spousal support (alimony), a family attorney can provide guidance. They can help calculate appropriate support amounts, ensure compliance with legal requirements, and assist with enforcement if the other party fails to meet their obligations.
  • Adoption or Guardianship: The adoption process can be complex and involve legal requirements. A family attorney can guide you through the legal steps, including filing necessary paperwork, facilitating background checks, and representing you in court. Similarly, if you’re seeking guardianship of a minor, a family attorney can help navigate the legal procedures.
  • Domestic Violence or Restraining Orders: If you are a victim of domestic violence or need to obtain a restraining order, a family attorney can provide valuable assistance. They can help you understand your rights, file the necessary paperwork, and represent you in court hearings.
  • Prenuptial or Postnuptial Agreements: A family attorney can assist you in drafting and negotiating prenuptial or postnuptial agreements, which define the division of assets, spousal support, and other financial matters in the event of divorce or separation.
  • Estate Planning: While not exclusively a family matter, estate planning often involves decisions that impact family members. A family attorney can help you create or update important documents such as wills, trusts, powers of attorney, and healthcare directives.

It’s important to hire an experienced family attorney who specializes in the specific area of law that corresponds to your situation. They can provide personalized advice, guide you through the legal process, and represent your best interests.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative.

We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Helpful Tips for Co-Parenting This Summer

Helpful Tips for Co-Parenting This Summer

Posted by Renken Law Firm on

Summer vacation planning can be more complex whenever you are co-parenting. Trying to figure out a visitation schedule, how to split the cost of fun summer activities, and ensuring you are spending time with your child can be a lot to juggle. The best think you can do is communicate with your co-parent and help your child to get the most out of their summer break. Parent Map shared the following tips for successfully co-parenting this summer.

Summertime Survival Tips for Divorced Parents

Make plans with your co-parent well in advance.

Making summer plans doesn’t have to be a summer activity in and of itself. It’s best if it isn’t and should take place before summer, if possible. Last-minute deviations to a well-considered parenting schedule that moms, dads and kids depend on usually don’t go over well.

By discussing the children’s summer plans with your co-parent early, you give yourself and your kids the best chance to have a summer you’ll all look forward to. Summer activities and vacation spots fill up fast, and you don’t want to miss out or have your co-parent turn around and tell you “no” to the only week you could make your bookings.

Ironing out summer schedules beforehand allows you and your co-parent to plan the summer months as you each envision them. That can include planning some much-needed kid-free time as well. Now there’s an incentive, right?

If you’re late to the game this summer, don’t sweat it. It’s never too early to start thinking about next summer. As for the coming months, do your best to coordinate with your ex beginning right now. Your success in doing so will likely depend on my next point.

Be flexible.

Things are inevitably going to come up, necessitating a change of plans. One of the kids could break their arm, a storm hits during vacation week that causes a closure or cancelation, or a relative falls ill. If something like this happens, be as flexible as you can with your co-parent.

There’s no sense in fighting over what you can’t control, so if you’re in a position to accommodate a change of plans, do so. Your goal is to keep the family machine running smoothly, even if and when there’s a hiccup.

Agree to who will make child-care arrangements.

With kids off from school, summertime often means having to make additional child-care arrangements. If you work outside the home or are, for example, scheduled to have your children for the second week in August but have to work for part of it, agree in advance who will be responsible for securing child care during specific times.

When it comes to child care, leave nothing up to chance. You can easily accomplish this by having an open discussion with your co-parent about who’s responsible for the children on what days and times, whether either of you needs to arrange child care, and who will pay for it. Again, planning in advance can help to that end.

These are not discussions you want to have as you’re walking out the door to work or when your co-parent is standing at your front door with your children, or as your children’s babysitter tells you that your co-parent said you’re paying them this week. Child care is one area that you need to have nailed down because it underlies children’s sense of security as well as their safety.

Be clear about your requests.

With any request that you make to your co-parent regarding summer plans (or anything else for that matter), do it in writing, preferably by email. Text messages tend to get missed or buried, not to mention it’s easier to shoot them off in the heat of the moment. Also, text messages are often less detailed, making them common sources for confusion.

When discussing potential summer plans, approach your co-parent via email or memorialize any spoken conversations you’ve had in an email. Be clear and specific with your requests. That way, you have an electronic trail of your correspondence.

Don’t forget to get your co-parent to agree to whatever plans you’ve discussed in writing as well. Without this last part, your emails won’t be worth much if you need to refer to them at a later date.

Keep the kids at the center of decision-making.

As co-parents, your primary goal should be to keep your kids at the center of your decision-making. That means you need to consider the days and times of your summer plans and whether they work well with your children’s schedules.

For example, you and your co-parent may not want each of your respective summer vacations with the kids to happen without a break in between because that could potentially be exhausting for them, especially if they’re young. You also may not want to vacation in the same spot unless you agree to do that. If you don’t get along with your co-parent, I don’t know what could be much worse than finding out they rented the lake house next to yours.

Have fun!

Summertime is great for getting back to basics after a busy school year and reconnecting with family. With so many opportunities for exploring and teaching your children in a non-classroom environment, you won’t want to miss out simply because you can’t come to an agreement with your co-parent about how to allocate parenting time.

By following the tips I’ve outlined above, you should have no problem following this last and, perhaps, most important tip: Have fun. You deserve to have a restful and enjoyable summer vacation, and so do your children.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Divorce Attorneys Help Simplify Divorce

Divorce Attorneys Help Simplify Divorce

Posted by Renken Law Firm on

Divorcing couples that are choosing to work together to reach a settlement agreement often do not see the benefit of working with a divorce lawyer throughout the process. You may wonder, how can a lawyer help me with collaborative divorce? Collaborative divorce attorneys work with you to provide legal advice for all the traditional divorce issues you will face including spousal support, child custody, child support, and property division.

For divorcing couples that are entering into a contested divorce, working with an experienced attorney can help simplify the divorce process. If you have minor or dependent children, working with an attorney can be especially helpful.

The Divorce Settlement

No matter what the court calls the process, it usually involves the same items. The settlement itself usually is an agreement between spouses to reach a divorce and complete the process. This could include child custody matters for who has primary or sole custody, child and spousal support for the noncustodial parent and payments to the other spouse and the division of property between assets and liabilities. The agreement is possible through a divorce civil suit, mediation, arbitration or a state program. There are often certain requirements necessary before settling the dissolution of the marriage.

Entering into the Agreement

It is not necessary to enter into the settlement before separating or even filing for divorce. However, it is better for both parties to reach some form of agreement to progress the process along quickly and save both time and money. However, both spouses could reach an agreement by the time the divorce trial begins. The goal is to enter into the arrangements quickly to avoid costly fees, expenses for lawyers and the court process. By quickly reaching the goals of what each person wants or needs, both may compromise and conclude the matter without too much conflict.

The Need for the Lawyer

While the individual does not need a lawyer for a divorce settlement, it is recommended to have a legal professional to support the individual and protect his or her rights. The divorce agreement documentation usually requires a review to ensure nothing is incorrect and that all legal provisions are available. If anything needs corrections, the lawyer can catch these mistakes. Certain problems arise when the other party requests sole legal child custody, possession of various property and a waiver for certain future claims. The paperwork may include terms that could harm the spouse when completing the divorce process.

Legal Jargon

The lawyer hired for a divorce settlement may need to review documentation to catch any inconsistencies, but he or she may also need to analyze the documents to ensure that nothing in legal jargon is in them to confuse the client. If confusion does exist or there is no counter argument because of a misunderstanding of legal jargon, the lawyer will need to explain the clause or provision. These specific words usually protect the interests of the other party and may cause serious complications to the spouse through custody, spousal support or the lack of possible future claims.

Seeking an Alternate Method

One of the ways a lawyer helps an individual through a divorce is to seek another path to end the conflict between spouses. One of these is to reach a settlement between both parties before the court case. Options are available to include mediation and arbitration. The open dialogue and communication that is mediation is a less formal setting that significantly cuts down both time and expense. The lawyer gives the individual advice and helps to him or her compromise through a binding outcome that will hold both parties to the conclusion. If the nonbinding resolution is what both seek, litigation or a normal and standard court case is still possible.

Settling the conflict before going to court is also possible even without using mediation. Both parties that are still on amenable terms may seek to work through the matters without the court’s involvement. By using these situations as the means to sign a Divorce Agreement, the end result will bind the two legally to the terms in the document. The judge usually reviews the document for fairness. Then the court will enforce the provisions. Without an agreement already in place, some formal or informal proceeding is necessary depending on the options available and what the lawyer may suggest for the specific circumstances. Any compilations that may arise could also lead to an invalid divorce settlement that could require a new case.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Can Divorce Mediation Work if I Have Kids

Can Divorce Mediation Work if I Have Kids?

Posted by Renken Law Firm on

Divorce mediation is an excellent option for any divorcing couple that is able to calmly work together to discuss the terms of their divorce. This includes couples that share minor children together. Child support and custody mediation are just some of the many topics your mediator can help you to navigate when trying to come up with a finalized divorce agreement. Not only is mediation considered a cost effective alternative to litigated divorce, it also leaves more of the decisions up to the divorcing parties.

If you do not believe the parent you are divorcing is capable of reaching an amicable agreement that promotes the best interest of your child, divorce mediation is not the right option for you. Contact Renken Law Firm today to learn more about what steps you need to take in order to divorce your spouse in Texas.

Mediation for Custody Agreements

Mediation is a great way to come to terms for a custody agreement, as well, because of the greatly reduced cost versus a full-blown child custody lawsuit. While there may be some fees associated with the mediator, these fees are often split between the parents and will almost definitely be a tiny fraction of what attorney fees would equate to in a lawsuit. Also, although you may still have to file a petition to get the court to sign off on your custody agreement, you will still be able to avoid the expense of numerous hearings, court reporters, and any administrative costs imposed by the court.

Mediation is also great because it naturally leads to improved communication between the two parents. By opening these lines of communication, many problems can be resolved and two caring parents worried about the best interests of their children are likely to find themselves thinking along the same lines in no time. If two parents can start communicating in mediation, this can also lead to better communications after the mediation is over, and a less contentious handling of future matters pertaining to the kids.

Another great advantage of mediation is that it allows the parties to determine their own fates. Through mediation, the parties can actually come to terms different than the court would ever give. And, there is no uncertainty. You are able to decide how best to raise your children without the court deciding for you.

Of course, aside from the cost savings and the collaborative nature of the mediation process, mediation is immensely faster than litigation. Litigation can often run for months, or even years. But, mediation is usually finished in a few hours and getting court approval only takes as long as is required to get on a hearing docket.

Mediation Services for Couples With Children

Even if you are working through serious divorce issues such as custody and child support agreements, mediation can work for you. Mediators are trained to help you consider all potential possibilities and scenarios you will want to plan for in the future to reach an agreement. When you work with Attorney Dawn Renken for your mediated divorce you can go over visitation schedules, child support, future plans, and more. Do not try to navigate the complexities of divorce on your own, instead work with a mediator who is interested in promoting the best interest of your children and works to ensure both parents voices are being heard and represented in the final divorce agreement. The only people who need to know the specifics of what goes on between the divorcing spouses is the mediator they have both selected. If privacy is a top priority for you, consider divorce mediation.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Divorce Mediation Experts in Houston

Divorce Mediation Experts in Houston

Posted by Renken Law Firm on

Divorce mediation is an attractive alternative to traditional divorce for many reasons. This is because the traditional divorce process requires more time and money than mediation and all the details of your divorce agreement are public record. When you use mediation to reach an agreement for your divorce, the details of your divorce are private.

It is important to realize while divorce mediation is typically much faster than litigated divorces, you will still have to wait the minimum of 61 days for your divorce to become finalized in Texas.

Contact us online or reach out directly to schedule a consultation with divorce mediation attorney Dawn Renken.

How Long Does Divorce Mediation Take?

The mediation process can be as short as one session or last several weeks. Sometimes it can be longer. How long divorce mediation takes depends on factors such as:

  • the number of issues to be addressed
  • how complex the issues are (for example, if there’s a lot of property to divide)
  • the time between sessions, and
  • the level of cooperation between the spouses.

In mediation, you’ll have a lot more control of the process—especially when it comes to pace and scheduling—than you would with in a court case.

How to Choose a Mediator

In choosing a mediator, a lot depends on the issues you’re trying to resolve. For example, if your only disagreement relates to money or distribution of marital property, you might want a mediator who specializes in financial disputes. Or, if child custody is the main sticking point, you could opt to work with a mediator who is specifically trained in custody and visitation. However, any mediator you work with—specialized or not—should have divorce-specific training and be familiar with your state’s divorce-related laws.

Are Divorce Mediators Lawyers?

Divorce mediators come from many backgrounds. They are often lawyers, but they can also be other professionals like CPAs (certified public accountants), psychologists, social workers, or MFTs (marriage and family therapists). The most important qualification is that the mediator has divorce-specific mediation training. (Keep in mind that even lawyers who mediate disputes aren’t allowed to offer legal advice and must remain neutral.)

Mediators sometimes suggest that the spouses bring in specialists to address certain items. For example, it might be helpful to have an appraiser to assess the value of property so that it can be fairly divided between the spouses. Or a psychologist might be able to help resolve a stalemate on custody and visitation.

Even though hiring specialists might add to the cost of your mediation, you’d likely need to hire those same professionals if you went directly to court. And, in all probability, you’d be paying even more for their services, because they’d have to appear in court to testify.

What Makes a Good Mediator?

Many mediators offer a free informational session or have a thorough bio on their website—take advantage of these opportunities to find out as much as you can about qualifications when doing your research. Ideally, your mediator will have significant training (many mediation courses involve at least 40 hours of instruction) along with specialized divorce knowledge. A mediator who doesn’t focus on divorce might be qualified to handle your mediation, but a specialist might be able to suggest more creative solutions for issues you and your spouse are struggling to resolve.

Don’t be shy about asking how many cases the mediator has handled, and what percentage resulted in a written settlement agreement. However, if you’re very comfortable with a mediator who’s properly trained, lack of experience needn’t be a deal breaker.

You might also want to find out whether the mediator is certified by your state’s courts. Court certification isn’t always necessary to be a mediator, but it’s another indicator of expertise in the field. You might be able to find a list of certified mediators on the state court’s website.

Finally, choose a mediator you feel you can trust. Aside from expertise, you need someone who you believe will listen carefully and be even-handed in interacting with you and your spouse.

How to Find a Mediator

Recommendations from friends or family members who’ve been through divorce mediation are often the best referrals you can get. Here are some additional ways you might be able to narrow down your mediator search:

  • Your marriage counselor or therapist. If you’ve used the services of a marriage counselor or therapist, ask them for the names of mediators they’ve worked with and trust.
  • An online mediation service. If you decide to mediate online, you won’t have to pick a mediator—the service you choose will assign your case to a qualified mediator who appears to be a good match for your situation.
  • Your local courthouse. The court clerk might maintain a list of court-appointed mediators who are available for private mediation.
  • Your state court’s administration office. The office that oversees all the courts in your state might have a list of approved mediators—check the state judiciary website for a list or give the office a call.
  • Your state or county bar association. Your state or county “bar association”—a professional organization of lawyers—might have a list of qualified mediators. Any mediators on the bar’s list are likely to be attorney-mediators.
  • National and state mediation organizations and directories. The Academy of Professional Family Mediators, the National Association of Community Mediation, and the National Academy of Distinguished Neutrals are just a few of the many organizations where you can find mediators.

What Does My Divorce Mediator Do?

The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Enforcing Child Support Payments in Texas

Enforcing Child Support Payments in Texas

Posted by Renken Law Firm on

Unfortunately, just because a court orders a parent to pay child support does not mean they actually will. Enforcement actions can be taken by the attorney general in order to collect court ordered child support when a parent fails to pay. Read below to learn more about how child support agencies enforce court orders to collect support payments in the state of Texas.

Tools for Collecting Child Support

Child support agencies have many tools for enforcing child support orders. Here’s a breakdown of some of the most common methods CSS uses when attempting to collect past-due child support.

Wage Withholding

All child support orders include the enforcement tool of immediate wage withholding (also called “wage deduction,” “wage garnishment,” and “income (or earnings) assignment”). The state can order the obligor’s employer to deduct the child support amount from the obligor’s paycheck. Employers must deduct the payment from the obligor’s paycheck just like any other payroll deduction (such as income tax or social security). Depending on the order, the employer will send the payment to either the local child support office or the custodial parent.

Wage withholding is very effective when the obligor has a regular job with a steady, predictable paycheck. However, it often isn’t the best enforcement method when the obligor changes jobs often, is self-employed, or is unemployed. When that’s the case, other tools come into play.

Withholding Other Income

Wages aren’t the only income that state agencies can withhold to cover unpaid child support. CSS may also order that money be withheld from payments such as commission income, employment bonuses, and pension benefits.

State child support agencies can also participate in the Administrative Offset Program. This program allows interception of certain federal payments, such as pay to vendors who perform work for a government agency and federal retirement payments.

Tax Offsets

State child support agencies can report parents who haven’t paid child support to federal and state tax agencies.

Federal Income Tax Returns

Under the federal Treasury Offset Program, state child support enforcement agencies may report parents who fail to pay child support to the federal Treasury Department. The Treasury Department may then withhold refund payments for federal tax returns and other government payments, and apply the money toward overdue child support.

Sometimes, parents who owe child support receive a refund based on a joint tax return—perhaps because they’ve remarried and filed a joint tax return with the new spouse. In most states, the parent who’s owed support may collect only from the portion of the joint return that’s based on the obligor’s income. Note, however, that community property laws might affect whether a new spouse’s share of the tax return can be applied toward the obligor’s unpaid child support. (For more information about how tax offsets can be taken against tax returns where you live, and how you can make sure the IRS takes only the obligor’s share of the tax return, see the IRS’s instructions for Form 8379 (Injured Spouse Allocation).)

State Income Tax Returns

Every state that collects income tax is required to offset state income tax refunds when a parent owes child support. Similar to the situation with federal tax refunds, most states may withhold money only from the portion of the return that’s based on the obligor’s income if the obligor has remarried and is filing a joint return. (

License Suspensions and Revocations

One of the most effective ways of obtaining past-due child support payments is to have the state revoke or suspend an obligor’s driver’s license. CSS also has the power to order withholding, suspension, or even revocation of a delinquent parent’s professional license (such as a medical, legal, cosmetic, or real estate broker license) or recreational license (such as a hunting or fishing license).

For obligors who are sincerely trying to earn money to pay back child support, losing a license to drive or practice a profession might actually make it harder to do that. After all, these types of licenses are usually critical to the person’s ability to make money. CSS often won’t use this penalty if it’s not in the child’s best interest to do so.

For other obligors, though, losing a driver’s license or a professional or recreational license is a powerful incentive to pay the amount due.

Liens

If the obligor parent owns real estate or certain other types of property (like a car), child support payments can be enforced by placing a lien on the property. Every state has its own laws on who can file a child support lien. In some states, the parent who’s owed money may file the lien; in others, only a child support agency may file one. The holder of a lien has a claim on the property, and the obligor usually can’t sell the property without paying off the lien. In rare cases, the holder of a lien has the right to force a sale of the property to pay off the lien.

One of the downsides of a lien is that it doesn’t lead to an immediate payment. The parent who’s owed support usually has to wait until the obligor sells the property or is able to pay off the lien without a sale.

Bank Account Freezing and Attachments

CSS has the power to freeze an obligor’s accounts held by certain financial institutions (such as banks, credit unions, and insurance companies). When a child support agency freezes an obligor’s bank or other financial account, the obligor can’t use the account until the debt is paid off. In some states, after the account has been frozen for a period of time (such as 30 days), and the obligor still hasn’t paid the debt, the financial institution may seize (withdraw) the amount owed from the obligor’s account and send it directly to the child support agency.

Another option available to CSS is to “attach” or seize other property the obligor owns to cover the unpaid child support. In that situation, the obligor will have to either sell the item and apply the proceeds to unpaid child support, or transfer ownership of the item to the custodial parent.

Passport Restrictions

When a parent owes at least $2,500 in child support, CSS can submit the parent’s information to the federal Office of Child Support Enforcement (OCSE). OCSE can then submit the parent’s information to the Department of State, which can reject the parent’s passport application. Sometimes, the child support agency can attempt to get a federal warrant that gives the Department of State the power to revoke an obligor’s passport and arrest the parent when they try to re-enter the United States.

Contempt of Court

When none of these enforcement methods work, the custodial parent (on their own or with the help of an attorney) may take the obligor to court. After hearing the evidence, a judge may then find the obligor “in contempt of court”—in other words, guilty of ignoring the court order requiring payment of child support. A contempt can result in fines or even jail time.

If you’re the custodial parent, you should consult with CSS before taking this drastic step. Many states won’t allow you to pursue a contempt case until you’ve worked with CSS and attempted all other reasonable collection methods.

Other Consequences of Failing to Pay Child Support

On top of all of these enforcement tools, CSS is required by federal law to report late child support to the major credit bureaus (Equifax, Experian, and TransUnion) every month. That means that anyone who’s delinquent in paying child support will take a major hit to their credit score. Having a low credit score can make it difficult to obtain a loan (for a car or house, for example) or obtain credit.

Divorce Mediator Serving Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Why Choose Divorce Mediation in Texas

Why Choose Divorce Mediation in Texas?

Posted by Renken Law Firm on

These days, more than ever before divorcing couples are looking for alternatives to traditional courtroom divorces for dissolving their marriage. One of the most popular alternatives being used is divorce mediation.

What is Divorce Mediation?

Until the last 10 years or so, just about the only course for divorcing couples was to hire lawyers to do battle for them. Often the spouses would not even speak with each other, “communicating” only through their attorneys. And attorneys proliferated. The addition of “no fault” to divorce laws has given rise to an emerging alternative for divorcing couples: mediation. Mediation is the process in which the divorcing couple works out its problems, disagreements, and marital issues with a trained, impartial third party””the mediator. The mediator assists the couple in resolving its differences in a constructive way to reach a “win-win” decision rather than the adversative “win-­lose” situation.

Who are Mediators?

The mediator may be a marriage counselor, social worker, psychologist, or lawyer trained in family and divorce mediation. At present, mediation is still open turf for any of the above professions to claim. Texas does not have any licensing requirements for mediators. At any rate, the mediator should have received formal training from a recognized program or institute, such as the Academy of Family Mediators. They should be versed in family budgeting, the law, tax consequences of divorce, and a variety of options and alternatives crucial to contemplating divorce.

How the Mediator Can Help

The major differences between mediators and lawyers are that the mediator assists you and your spouse in working out your disagreements together; emphasizes the restructuring of the family from a practical point of view, in addition to the legal side; pays more attention to your emotional needs; and, is impartial, representing neither you nor your spouse, but both. Unlike the legal adversarial system, mediation is more sensitive to the integrity of the marriage. It tries to build on the strengths of the relationship, avoiding the “we’ll get him/her” so common with the adversarial position.

Why Choose Divorce Mediation in Texas?

Listed below are some of the top reasons to consider mediation for your Texas divorce:

  • Less Time: While all divorces in Texas require at least 61 days to become finalized, mediation takes less time than litigated divorces. During mediation you and your spouse are given the opportunity to sit together and resolve the issues on your own without the back and forth communication between attorneys.
  • More Affordable: The divorce mediation process is typically much more affordable for couples that are ready to end their marriage. You are able to sit down and quickly come to conclusions about what the best options are for both parties without letting attorney fees skyrocket.
  • More Privacy: Litigated divorces are public record, this means any evidence submitted into the court, and information shared with the court, all becomes available for anyone who looks it up. If privacy matters to you, a mediated divorce is an excellent option. The terms of your divorce will remain private.
  • Can Promote Better Co-Parenting: Mediation is a less contentious method of working out your divorce agreement. In many cases, this promotes a healthier environment for children involved in the divorce because they do not see their parents in a legal battle, rather they see them working together to find a solution that promotes their best interest.
  • The Final Say is Yours: Unlike with litigated divorces, the terms of mediated divorces are completely up to the two divorcing parties. This means you have the final say when it comes to coming up with child custody and child support. If you are looking for a parenting plan that fits your specific needs and don’t want a judge weighing in on the outcome of your divorce, mediation grants you this freedom.

 

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Serving Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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What is the Goal of Divorce Mediation

What is the Goal of Divorce Mediation?

Posted by Renken Law Firm on

A common misconception surrounding divorce mediation is that the goal is for two divorcing spouses to reconcile their differences in order to save their marriage. Mediation is not counseling and your divorce mediator will never try to push tactics for healing your marriage on you. The goal of mediation is simple, to help both parties have productive communication while coming up with a mutually beneficial and amicable divorce agreement.

Divorce mediation costs less than traditional divorce because it allows both parties the opportunity to have a direct conversation about serious matters such as child custody, child support, property division, and more. Traditional divorces can take much longer and cost significantly more because all communication goes through attorneys.

Mediation also allows divorcing couples more privacy than traditional divorce. This is because any divorce agreement or evidence submitted leading up to a finalized divorce agreement is public. This can mean your tax records, information surrounding your finances, problems in the marriage, and more are available for anyone to see. When you choose to reach an agreement through the divorce mediation process, all the specifics of your divorce will be kept private between the divorcing couple and the neutral mediator.

How Long Does Divorce Mediation Take in Texas?

Texas has a minimum 60 day waiting period after filing for a divorce before it can be finalized. This 60 day waiting period starts the day the original petition for divorce is filed with the court. This petition may be filed before mediation, during, or after.

If you are looking for the fastest timeline for your divorce, it is possible to have your divorce finalized on the 61st day after filing with the courts. It is important to realize every divorce case and mediation process is different.

While many couple may find they are able to work out all of the major factors of their divorce agreement in one mediation session, others may require more time. Additionally, mediation does not work for all couples making it difficult to predict exactly how long your divorce will take to go through.

How Does Mediation Work?

The mediation process starts once you and your spouse agree to use this method of alternative dispute resolution and choose your mediator. In most states, mediation is voluntary, so if either spouse disagrees and wants to follow the traditional divorce route, a court won’t force your spouse to engage in mediation. That said, there are some states where the court requires couples to demonstrate a good faith effort in mediation before scheduling additional court hearings.

Mediation will only work if both spouses are open to negotiating the terms of the divorce. Typically, you’ll set up an initial meeting between the spouses and the mediator. During the first meeting, each spouse will have the opportunity to explain expectations for the most common divorce-related issues, including:

  • property division
  • child custody and visitation
  • child support, and
  • alimony or spousal support.

This initial discussion will help the mediator gain an idea of how far apart you are and what areas need the most work.

Aside from statutory limitations of divorce, mediation doesn’t have a time limit. You can continue to mediate and work on your divorce judgment for as long as you, your spouse, and the mediator would like. Naturally, the longer it takes and the more meetings you have, the more expensive it becomes. You can decide to meet once per week, monthly, or at any other time. Most couples can resolve mediation with a few sessions, which typically costs thousands of dollars less than litigating your case in court.

Once you agree on all the outstanding issues, the mediator will draft a divorce settlement agreement for both spouses (and their attorneys) to review, sign, and present to the judge.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Serving Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
View our Google Business Listing

Tips for Helping Your Child Through Divorce

Tips for Helping Your Child Through Divorce

Posted by Renken Law Firm on

It is no secret that divorces are difficult, not just for those going through it, but also for other family members, especially children. In order to make the process easier on your child, it is a good idea to take steps to make your child feel like they can express their true feelings and reassure your child every step of the way.

Children cope with divorce in different ways, some may feel anxious, others may benefit from joining a support group, some may be happier that their parents are getting divorced. Whatever the case is, encouraging your child to talk and spend time with both their mom and dad can help them through this emotional transition.

Psychology Today shares the following strategies for helping your kids adjust to a divorce:

  • 1. Explain the divorce in a simple, straightforward way. When possible, both parents should talk over how to explain the situation and have the discussion with the children jointly. They can explain, for example, “Mommy and Daddy fight all the time and it makes us all unhappy. We’ve decided it would be better for all of us if we live in separate houses.”
  • 2. Reassure your children that they will always have both parents’ love and explain how things will work. For instance, “You will spend every other weekend and Thursday nights with Daddy. The rest of the time you will be with Mommy.” For young kids, you can play out the new arrangement with dolls or stuffed animals. Putting up a calendar also helps the kids feel more reassured that they will have time with both of their parents.
  • 3. Talk about the emotions that kids naturally feel under these circumstances. You might explain, “It is normal to feel sad and angry about a divorce. These feelings are hard to deal with alone. When you feel angry or sad tell Mommy or me. You can say, ‘I feel sad,’ or ‘I need to talk,’ and ‘we’ll help you.’” Encourage your kids to have an on-going dialogue with you and demonstrate that you accept any feeling they have. Sometimes kids keep their feelings inside because they do not want to upset you. Check in with your kids frequently by asking, “How are you feeling about the divorce?”
  • 4. Reassure your kids that the divorce is not their fault. Kids tend to be “egocentric” and believe that their behavior or thoughts cause bad events. They need to know that the adults have made this decision based on their relationship and it has nothing to do with them.
  • 5. Avoid talking badly about the other parent or blaming the individual, even if you are angry. Children love and need both of their parents. They can easily experience a loyalty conflict and feel badly and this will deter an open dialogue. Children need to feel both of their parents are valuable because each child is a composite of their two parents.
  • 6. Give your children ample advance notice before a parent moves out. It works really well if the children are able to visit the second home and know where they will sleep when they visit. It is wonderful to involve the children in helping to furnish the apartment and bring over some of their possessions.
  • 7. It can be very helpful if you work with a parenting expert, or a family therapist who has experience with divorce and can give you guidance on how to handle tough situations that arise. Children also gain a great deal from talking to a therapist on their own. They often are freer to express feelings that they think will hurt their parents.
  • 8. Be aware that when a family is going through a divorce, children can act up, withdraw or regress. It’s not uncommon for children to wet their bed, or refuse to listen. They will need extra time, support, and open communication. Over time these symptoms will dissipate as they adapt to the changes. Planning some favored family events will give the kids the feeling that life will go on as usual.

If you are considering divorce, reach out to our law firm today. We can help you prepare yourself for the changes that come with divorce and get you started filing the necessary paperwork to make your divorce official.

Experienced Family Law Attorney in Houston, TX

At Renken Law Firm, we work with our clients to help them navigate the divorce process. We understand how complicated and emotionally draining this experience can be, this is why we work with you every step of the way. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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