Category: Divorce

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

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

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

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

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

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

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

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

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

When getting divorced you will want to come up with a marital settlement agreement to protect yourself and your assets. This divorce agreement will be the final judgement in the division of your property, finances, and more. Working with an experienced attorney can help you to understand the importance of a marital settlement agreement as well as ensure you are not leaving out any major details that can comeback to haunt you down the road. What Goes in a Marital Settlement Agreement? Depending on where you live or whom you talk to, you may hear different names for the settlement agreements that couples reach in divorces. Along with the most common—marital settlement agreement (MSA)—these other names include: divorce agreement divorce settlement agreement settlement agreement property settlement agreement marriage settlement agreement, and marital divorce agreement. In the end, all these names mean the same thing: a written document that details how a couple has agreed to handle all of the issues that must be addressed when they get divorced, including: how they will divide their marital property and debts alimony (sometimes called spousal maintenance or spousal support), and child custody, visitation (or parenting time), and child support (if they have minor or dependent children). An MSA usually also has other provisions (“terms”) that detail how the couple will handle possible future events. For instance, spouses might agree that they will at least try mediation if they have any disputes in the future. Can You Modify a Settlement Agreement? Spouses may agree to change (modify) an existing agreement, even when it’s part of the divorce judgment. In fact, most MSAs address this possibility. Just be aware that you might have to get a judge’s court approval of the proposed modification. If spouses can’t agree on a change that one of them wants,