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

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

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

Understanding alimony before you divorce is a good idea whether you are the higher earning spouse or the spouse potentially receiving alimony support payments. This article shares helpful information regarding what alimony is, how courts determine the amount of alimony ordered, and more.

If you are considering filing for divorce, speaking with an experienced attorney can help you to understand the process and what to expect every step of the way. Reach out to our team today to learn more about divorce in Texas and to begin the process of filing the paperwork required to dissolve your marriage.

What is Alimony? 

Alimony refers to court-ordered payments from one spouse to the other spouse or former spouse within a separation or divorce agreement. The point of alimony is to provide financial support to the spouse who makes a lower income, or in some cases, no income at all.

What is Spousal Support?

Spousal support is ordered by the court, not contractual. The Texas Family Code dictates when and for how long spousal support can be awarded. Because it’s court-ordered, spousal maintenance may be modified by court order. If there is a significant change in life circumstances, such as remarriage, a new job, a large raise and more, the side paying spousal support may seek a modification,

How Courts Decide Alimony

State laws set out the rules for judges to consider when they’re deciding whether to award alimony in any case, as well as the amount and duration of the payments. These rules are sometimes different for temporary support during the divorce and for post-divorce alimony.

Deciding Whether to Award Post-Divorce Alimony

When judges are deciding whether to order alimony payments after divorce, they generally must start out by deciding whether one spouse needs support and whether the other spouse has the ability to pay that support. Most states spell out a number of factors judges should consider when making that decision. Typically, these are the same considerations that go into decisions about the amount of alimony (as discussed below).

But that’s not always the case. In some states, you must meet separate requirements to qualify for alimony before the judge decides how much to award. In Texas, for instance, the law presumes that spousal maintenance isn’t appropriate outside of certain limited circumstances. Even in long-term marriages, Texans requesting maintenance must show they’ve seriously tried to earn enough or develop the necessary job skills to provide for their “minimum reasonable needs.”

Considerations When Deciding How Much Spousal Support to Award

Once judges have decided that some amount of alimony is appropriate in a particular case, they must decide how much support to award. Almost all states spell out a number of factors judges should consider when making these decisions, such as:

• the couple’s standard of living during the marriage, and the extent to which each of them could maintain a similar lifestyle after divorce
• each spouse’s income, assets, and debts
• how much each spouse will get when their property is divided
• whether one spouse has a lower earning capacity because that spouse was unemployed for periods of time while taking care of the family
• the length of the marriage
• each spouse’s age and health
• contributions either spouse made to the other’s training, education, or career advancement, and
• any other factors the judge thinks are fair.

Also, some states allow (or even require) judges to consider a history of domestic violence or other misconduct on the part of one or both spouses when they’re deciding whether to order alimony. But one factor that’s generally not under consideration: which spouse filed for divorce. You may request spousal support when you file for divorce. And if your spouse was the one who started the divorce process, you may ask for alimony (usually by filing a “counter” complaint or petition).

If you’re asking for support, the judge will look closely at your current income or—if you aren’t currently working or aren’t earning enough to live on—your ability to earn. If you’ve been out of the workforce or underemployed for a long time, the judge is more likely to award support for as long as it will take you to become independent. However, you might have to prove you’re doing what you can to get to that point, such as taking classes or other training. Sometimes, a judge will order that an expert called a “vocational evaluator” study your abilities and qualifications, compare them with potential employers, and estimate how much income you could earn.

Deciding How Long Spousal Support Will Last

Beyond the circumstances that automatically terminate alimony payments (discussed below), some states have separate rules for deciding how long alimony should last. For instance, a state’s law might set a time limit on maintenance payments, or it might provide a general guideline—such as half the length of a marriage or no longer than the marriage lasted. But those guidelines may vary depending on whether it was a short or long-term marriage (with 10 years as the typical measure of a long-term marriage).

Alimony and Spousal Support Attorney in Houston

While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law. They both achieve the same goal during a divorce, however. They both allow one spouse to receive financial support from the other.

Renken Law Firm understands the distinction between alimony and spousal maintenance. Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.

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.

Each divorce case will come with its own set of unique circumstances making it important to take your time when choosing a divorce attorney for your case. At Renken Law Firm, our Houston divorce lawyers work with you through a wide range of issues including child custody, spousal support, property division, and much more.

How to File for Divorce in Texas

Eligibility

Before you go any further, you’ll want to make sure that you are eligible to file for divorce in Texas or if, for some reason, there is another state you should be filing in. To be eligible to file for divorce in Texas, at least one of the spouses must have been a continuous resident of the state for at least six months. Additionally, you’ll have to file in a specific county within the state. To be eligible to file for divorce in any county in Texas, at least one spouse must have been a resident of that county for at least 90 days.

Grounds for Divorce in Texas

Texas allows for no-fault divorces. This means that the person requesting the divorce does not have to present any evidence that the other party has done something wrong. In Texas, though, judges do consider fault when making decisions regarding property division. If you are the one filing for divorce include fault if you can. Legally recognized reasons for a fault divorce include: adultery, cruel treatment, abandonment for at least a year, incarceration for more than a year, confinement to a mental hospital for more than three years or estrangement by living apart for at least three years.

Process for a Divorce

The process for a divorce in Texas is fairly straightforward. First, one spouse files with the court and has the other spouse served with papers. The petitioner is the spouse who files with the court. The other spouse is the respondent. The petitioner has the option of getting a standard temporary restraining order, which will prevent either party from disappearing assets before the court can divide them. It also effectively requires that both parties act civilly toward each other.

From there, the respondent must file an answer. Then the court will issue rulings on matters like child custody, property and outstanding debt. After that, the spouses can engage in discovery if they believe they do not have all the facts. They can also try to settle the case at this point, either alone or with the assistance of a lawyer. If they can’t, the judge sets a trial date. The law requires mediation for both parties before the trial begins.

Once the trial is over, an attorney prepares a Final Decree of Divorce for the judge to sign. This document will contain all of the rulings that the court has made.

Why Work With Renken Law Firm?

The Texas divorce specialists working at Renken Law Firm in Houston, are experienced with helping individuals find divorce solutions that fit their unique situation. We understand each marriage and divorce case is different. This is why we work closely with our clients to ensure their specific needs are being met and they feel heard.

Working with an experienced divorce attorney can help you reach a divorce settlement that fits the specific needs of you and your family. Our divorce attorneys will represent you by being your ally and advocating for you throughout the entire divorce process.

We offer mediation services for those who are interested in working together to create a divorce agreement that serves both parties. This can be a more affordable and private option for divorce that gives the control to the divorcing parties if they are able to maintain peaceful and productive communication throughout the process.

At Renken Law Firm we focus our efforts to ensure every client we work with is able to come to a divorce settlement with their spouse that represents their needs. No matter how you file, our team of divorce specialists are here to help you. Call our office today to learn more about how our Houston divorce attorneys can help you and to schedule an initial consultation.

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
Visit our website
View our Google Business Listing

Deciding to get divorced is not a choice to be taken lightly. Many individuals spend weeks, months, or even years considering getting a divorce before finally taking the plunge and filing the official paperwork. Many people believe once they make the choice to get divorced they can just file the paperwork and be done, however, it is not quite so simple.

Can you get divorced in a month? Not in the state of Texas.

Finalizing a Divorce in Texas

Even if you have an uncontested divorce, Texas has a “waiting period” of 60 days between when you file your divorce petition and when the court can finalize the divorce.

Before your final hearing, you must fill out a Final Decree of Divorce. The court can provide you with the right form decree to use, depending on whether or not you have children. After the hearing, the judge will either sign the proposed decree you submitted or, if the judge doesn’t agree with what you’ve proposed, will prepare and sign a different decree.

You’ll receive a copy of your divorce decree after it’s signed by the judge and entered as an order. If you need an additional copy of your Texas divorce decree, you can contact the clerk of the court that granted the divorce.

Is Mediation Faster Than Traditional Divorce?

While a mediated divorce has the potential to be much faster than a traditional divorce, you will still be required to go through the 60 day waiting period before your divorce is finalized. Mediation is often times a faster divorce solution because both parties are able to directly communicate in the moment, instead of waiting for their attorneys to relay messages on their behalf.

Mediation as a Divorce Alternative

Not all divorces need to be drawn out battles in the courtroom. Instead of hurrying to the courthouse to file for divorce when you have unresolved issues, mediation might be a less contentious and cheaper way to divorce.

Divorcing spouses can choose to mediate on their own with a private mediator. Some states’ laws require divorcing spouses to attempt mediation while a divorce is pending in court. This is known as “court-ordered mediation.” Texas courts can require a divorcing couple to mediate.

In mediation, both spouses meet with a trained and neutral third party called a “mediator.” Mediation sessions are confidential, and each spouse will have the opportunity to list their issues and suggest resolutions. The mediator will not make any decisions in the case—rather, a mediator’s job is to guide the negotiations in a way that will help the spouses settle their divorce without court intervention.

If you agree on some or all of the issues during the mediation, the mediator can draft a divorce settlement agreement for you to present to the court. In Texas, the court will enter the mediated settlement agreement as an order if it:

• states—in bold, capital, or underlined letters—that it is irrevocable
• is signed by both spouses, and
• is signed by each party’s attorney (if any) who is present at the time the agreement is signed.

Any remaining issues that you and your spouse can’t agree on will be decided by the court. Even if you’re able to agree on one or two issues, mediation is usually much less expensive than going through a complete divorce trial, and can help you and your spouse create a foundation for continuing communication after your divorce.

Divorce and Family Law Attorney Houston

At Renken Law Firm in Houston, our team of experienced divorce attorneys help you to find divorce solutions for your unique situation. We understand each marriage and divorce case is different. This is why we work closely with our clients to ensure their specific needs are being met.

Having an experienced divorce attorney on your side can help you reach a divorce settlement that fits the needs of you and your family. Our divorce attorneys will represent you by being your ally and advocating for you throughout the entire divorce process.

At Renken Law Firm we focus our efforts to ensure every client we work with is able to come to a divorce settlement with their spouse that represents their needs. No matter how you file, our team of divorce specialists are here to help you. Call our office today to learn more about how we can help you.

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
Visit our website
View our Google Business Listing

Domestic abuse, sometimes referred to as “domestic violence”, is the term used for a pattern of behavior in a relationship that is used to control or dominate a partner. While this type of abuse is often defined as a physical assault, abuse in a relationship can also manifest in sexual, emotional, or even financial actions used to levy control.

If you are in a marriage with someone that intentionally frightens, intimidates, hurts, injures, or harasses you, you are a victim of domestic violence. Divorce proceedings where one spouse is a victim of abuse can be affected by this fact, especially in cases involving children as family courts will always act with the child’s best interest as their top priority.

So, How Does Domestic Abuse Impact Divorce?

Child Custody

Evidence of domestic violence almost always impacts child custody. Clearly, if a spouse is abusive to a child or to another person in front of the child, that spouse is less likely to gain custody of the children. In most jurisdictions, it hurts the abusive spouse’s custody chances even if the domestic violence occurs without the children’s knowledge. If your spouse has been abusive, gathering evidence of his or her behavior can help sway the court in your favor when it determines custody.

Courts utilize various measures to protect children from abusive parents. Judges can order that a professional supervise all visitation periods and prohibit overnight visitation. The judge can also help protect the abused parent by ordering that all exchanges of children take place in a public place, like a police station or fire department. If you are in fear for your or your child’s safety, you should bring this to the court’s attention, and ask for the appropriate protections.

In extreme cases, a court may terminate the abuser’s visitation altogether and award full custody to the other parent. In cases where the abusive parent has caused serious injury to a child, a judge may order a permanent termination of the abuser’s parental rights.

Division of Marital Estate

In a number of states, courts consider a spouse’s behavior during the marriage when deciding how to divide the marital estate. Judges sometimes award a larger share of the marital estate to an abused spouse, particularly if the abuser negatively impacted the couple’s finances. For example, if the abuse prevented or harmed the abused spouse’s ability to maintain employment, a court may award the abused spouse a larger share of the marital estate.

Alimony

Domestic abuse is most likely to affect alimony when an abusive spouse harms the other spouse financially. For example, some abusive individuals try to control their spouses by not allowing them to work, rendering them financially dependent. In these cases, a judge is likely to award the abused spouse alimony. In some jurisdictions, the court may consider domestic abuse when deciding alimony, even if it hasn’t affected the abused spouse’s earning capacity.

Settlement

If your spouse has been abusive, you may have the upper hand in several aspects of the divorce. An abusive spouse can often settle on advantageous terms when the abuser wants to avoid the abusive behavior coming to light in a public courtroom. A skilled attorney may be able to help you negotiate a favorable settlement without having to take your case to trial.

If you are divorcing an abusive spouse, you should contact a local family law attorney to help you with your divorce strategy.

Filing for Divorce After Domestic Abuse

Filing for divorce is never easy, especially in cases where abuse has taken place. Working with an experienced family law attorney can help to navigate this difficult time and to legally protect yourself throughout the process. Our attorneys understand how emotionally draining this experience can be, this is why we work with you every step of the way. Reach out to our law firm today to schedule a consultation and learn more about filing for divorce after domestic abuse and to start the process of ending your marriage.

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
Visit our website
View our Google Business Listing

Does my spouse have to be served with the initial divorce papers?

Yes. If you file for divorce, your spouse must be served with the initial divorce papers.

Exception: Your spouse does not need to be served with the initial divorce papers if he or she will voluntarily fill out and sign:

• A Respondent’s Original Answer form or
• A Waiver of Service Only form (this form must be signed in front of a notary).

If your spouse will voluntarily fill out and sign an answer or waiver of service, the rest of this article does not apply to you.

What papers do I have served?

Your spouse must be served with the initial divorce papers, which include:

• The citation (get this form at the clerk’s office when you file your case);
• A copy of your Original Petition for Divorce; and
• A copy of any other forms you filed with your Original Petition for Divorce.

Can I be the server?

No. You must arrange for a constable, sheriff, or private process server to serve the initial divorce papers. Or, you can request the court clerk to arrange service for the initial divorce papers.

Who Can Serve Divorce Papers?

Every state allows several possible methods for serving your spouse. The one rule that all of them have in common, though, is that you can’t serve your spouse yourself. Instead, you’ll have to find a “process server” to do it for you. A process server is someone who is not involved in the divorce and who is at least 18 years old must deliver the documents.

Possible process servers include:

• A friend or family member. As long as the person isn’t involved in the divorce, you can have a friend or family member act as your process server and save yourself the expense of having to pay someone. You’ll have to make sure the friend or family member closely follows all state and local rules regarding service, though, or risk having to start the process over.
• A sheriff’s office. Check with the local sheriff’s department to see if it will serve your spouse—most sheriff’s offices offer this service for a fee. Many charge based on the mileage the sheriff must travel to serve the documents, and will charge an extra fee for each attempt at service. If you’re not sure where your spouse can be served, though, the sheriff might not be your best choice—most sheriff’s offices require you to provide a definite address where your spouse will be. Also, your spouse must be located within the area that the sheriff’s office works (known as the office’s “jurisdiction”).
• A professional process server. You can find a professional process server by searching online or using the National Association of Professional Process Servers’ directory. Process servers usually charge more than the sheriff’s office to serve documents, but are better equipped to deal with situations where you aren’t sure of your spouse’s location. Process servers also often complete service faster than the sheriff’s office, so they’re a good choice if you’re facing a tight service deadline.

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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One of the best reasons to hire an attorney for your divorce case is to ensure your assets and property are being properly divided. Without an attorney present, you may fail to understand what property you have a right to. At Renken Law Firm out family law attorneys serve as property division lawyers in Texas divorce cases. Reach out to our team to learn more about your rights and to schedule a consultation with an experienced divorce attorney.

Is Texas a Community Property State?

Texas is a community property state. Spouses equally own all of their community property, and they’re equally responsible for all community debts. However, unlike some other community property states (like California), in Texas community property isn’t necessarily split 50/50 when couples get divorced. The law simply says that judges must divide the community property in a way that’s “just and right” (more on that below).

So even though Texas is a community property state, its rules for dividing property in divorce are similar to those in states that follow the “equitable division” principle.

What Is Community Property in Texas?

Texas law defines community property as all of the property that either spouse acquires during the marriage, except separate property. It’s a broad category, and courts will presume that any item a spouse owns during marriage is community property. For that reason, it’s easier to use the definition of “separate property” (as discussed below) to figure out what’s excluded from Texas’ definition of community property.

The most common types of property divided at divorce are:

• real property like the family home
• furnishings
• clothing
• jewelry
• intangible property like bank accounts, income, dividends, and benefits.

Common debts divided at divorce include:

• credit card debt
• mortgage payments
• rent owed, and
• loans for personal property such as cars and boats.

What Is Separate Property in Texas?

In Texas, separate property is:

• property owned or claimed by the spouse before marriage
• property acquired by the spouse during marriage through gift from a third party or the other spouse
• property acquired by the spouse during marriage by devise (such as an inheritance), or descent; and
• recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Practically speaking, separate property is anything a spouse earned before marriage, as well as any inheritances, gifts, or personal injury awards the spouse receives during marriage.

Under Texas community property laws, courts must assume that any property possessed by either spouse during marriage and at the time of divorce is community property. A spouse must demonstrate that something is separate property by giving the court “clear and convincing evidence” that the item isn’t community property.

How Is Community Property Divided at Divorce?

As mentioned above, when a couple divorces in Texas, the judge must divide their property in a manner that is “just and right.” This means the division of property must be fair under the circumstances—it does not necessarily mean that assets will be split 50/50.

The factors Texas courts consider when deciding the “just and right” way to split community property include:

• fault in the breakup of the marriage (such as drug abuse, adultery, and waste of community assets)
• the disparity of earning power between the spouses
• each spouse’s health
• which spouse has custody of the child(ren)
• where the property was acquired
• tax issues
• each spouse’s education, and
• future employability of the spouses.

Texas law encourages spouses to reach an agreement out of court regarding the division of their property. When spouses have a written settlement agreement about property division, the court will review it and, if the court determines its terms are just and right, will incorporate the agreement by reference into the final divorce decree. If the court doesn’t approve the settlement agreement, the judge can request that the spouses provide a revised agreement or disregard the agreement and decide the matter after a hearing.

Can I Get a Portion of My Spouse’s Pension and Employment Benefits?

In Texas, when a married person accumulates an interest in a pension, retirement, profit-sharing, or other employee benefit plan during the marriage, it is community property and subject to division upon divorce. When a court awards a portion of one spouse’s retirement benefits to the other spouse, the attorneys will prepare a Qualified Domestic Relations Order (QDRO) to be sent to the employer, whom the court will order to distribute benefits to each spouse in accordance with the court’s order.

In the case of a cash account, such as a 401(k), the employer will usually disburse the funds in 30 to 90 days. In the case of benefits to be paid upon retirement, such as a pension plan, the court order will provide the employer with a calculation of a percentage to be applied when payments begin, and order the employer to send the appropriate amounts to the other spouse in accordance with the court’s order.

Like other community property assets, the court doesn’t have to divide retirement and pension accounts exactly equally between the spouses. For example, if each spouse has their own retirement account or pension, the court might simply award each of the spouses their own account—particularly if the amounts in each are relatively similar or the award of other community property makes up the difference.

Experienced Family Law Attorney in Houston, TX

Our team proudly serves the Greater Houston area. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Our team is dedicated to helping you and your family move forward without legal matters complicating your life. 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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What Is Common Law Marriage?

Common law marriage is a legal concept that applies to couples who are in a relationship that has the appearance of a marriage, but hasn’t been formally sanctioned by the state (such as by the issuance of a marriage certificate). A valid common law marriage typically confers both the benefits and obligations of a formal marriage.

Whether a common law marriage exists depends on a number of factors. First and foremost, a state has to acknowledge the legitimacy of common law marriages. It if does, then the validity of the marriage will hinge in large part on how the couple view the relationship, and how they act on that perception.

Does Texas Recognize Common Law Marriage?

It does, but it’s in a distinct minority, as most states have now banned common law marriages. In addressing common law marriage, Texas statutes use the terms “marriage without formalities” and “informal marriage”.

Texas law provides the requirements for a valid common law marriage. Under Tex. Fam. Code §2-401(a) (2), you’ll have to prove three things:

• you and your partner both agreed to be married
• you and your partner lived together, like spouses, in the State of Texas, and
• you and your partner have “held yourselves out” to other people as spouses, which means you represented to other people or behaved in such a way as to cause others to believe you’re legally married.

When Is It Important to Prove that a Common Law Marriage Is Legal?

Proving the existence of a common law marriage could be important in several different situations. These include inheriting property, claiming insurance or other benefits, or getting a divorce. Couples ending a common law marriage must go through legal divorce proceedings, just like any other married couple. However, unlike a partner in a certified marriage, a partner who is attempting to obtain either property rights or a right to financial support on the basis of a common law marriage will first have to demonstrate that the marriage was valid. (This will not apply to a claim for child support—states have laws protecting a child’s right to support regardless of the legality of the parents’ marriage.)

If one partner denies that a common law marriage existed, the other will need clear evidence that both partners intended to be married. In some cases, the length of the marriage will be very important—and may also be the most difficult element to prove, because the relationship may have existed for a period of time without meeting the definition of common law marriage, and then moved into common law marriage territory at some point. Different states require different types of proof.

Common Law: Obtain a Divorce

If you share children, property, assets, or debts with your common law partner, it may be in your best interest to work with an attorney when dissolving the marriage. This can help you to protect yourself and establish legal boundaries for the future. Attorney Dawn Renken works with individuals that are ending common law marriage in Texas to ensure they are considering all necessary legal factors.

Even if you do not have a marriage license, common law spouses seeking a divorce benefit from speaking with a divorce attorney before they start the divorce process.  It is especially important to speak with an attorney in cases where child custody and support are a factor.

Affordable Family Law Attorney in Houston, TX

Our team proudly serves the Greater Houston area. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Our team is dedicated to helping you and your family move forward without legal matters complicating your life. 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
Visit our website
View our Google Business Listing