Category: Divorce

Are you curious which divorce method is most private? Are you looking for a way to keep your family issues behind closed doors, instead of available for anyone to access? Learn more about how to keep your divorce private below: Traditional Divorce is Public Record A divorce record is an official document of a divorce proceeding that includes certificates, decrees, and a comprehensive record. These documents are created when two people who are married decide to end the legal tenets surrounding that marriage. This includes marriage reversal, marriage annulment, and marriage dissolution. Because divorce is often a decision filled with negative feelings, and because marriage allows the couple to take advantage of public benefits, legal decisions are often needed to finalize the ending of a marriage. Because these documents are created by government bodies, divorce records are considered public documents, and are therefore open to the general public. Even so, divorce records can be some of the most difficult to locate, and law surrounding divorces often make such documents only open to the people and legal professionals involved in the divorce. Nonetheless, there are methods to more reliably locate and gather these records, in addition to third party solutions that operate in the private sector. Divorce records are considered court records. They may therefore be searched on third party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce record, certificate, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records. What is Private Mediation? With private mediation, you and your spouse volunteer to pursue an amicable resolution of

Are you interested in filing for a divorce in Houston, Texas? The Renken Law Firm can help you with family law matters including divorce, child support, property division, spousal support, and more. Our Texas divorce experts What Should I Bring To An Initial Consultation? A Factual Outline of Your Marriage and Reason for Divorce The first thing you should make sure you have when you consult with a divorce lawyer is an outline of the facts you want to share with them. You may feel like you know the story of your marriage well enough, but it can be easy for important information or details you wanted to share to slip your mind when you have so much to consider and work through during a consultation. It’s better to have it written down to reduce the chance that you forget to say something you wanted to include. Include information on: How your relationship began When the topic of divorce first came up Whose idea it was for a divorce and why What steps, if any, have been taken for reconciliation What kind of assets you have Who takes care of your children How many pets you have Any safety concerns you may have The more facts a divorce attorney has when you first meet with them, the more accurately they can begin to set your expectations for the proceedings. So, while you don’t need to write a memoir for your attorney to read, it’s important to be open and willing to share information that allows them to understand you and the nature of your marriage. Financial Documents Pay stubs Tax returns Bank statements Credit card bills Household bills and mortgage payments Insurance plans Retirement accounts Stock options Receipts for major purchases Copies of Important Legal Documents You may have records

It is possible to be awarded spousal support before a divorce is finalized. Spousal support before a divorce is finalized is typically referred to as pendente lite support. This means the case is pending. This type of support may be broken down in multiple ways, including a portion as being spousal support and a separate portion being child support, in cases with minor children. If you are seeking financial support and need legal advice, our family law attorneys are here to help you. Reach out to us today to learn more about your options for temporary spousal support. Will the court order spousal support in my case? Spousal maintenance is decided on a case-by-case basis. There are basically four ways in which a spouse can get an award of spousal maintenance: The spouse from whom spousal maintenance is sought has been convicted or received deferred adjudication for a family violence offense against the other spouse or the other spouse’s child within two years of the filing of the divorce or while the divorce is pending. The duration of the marriage is irrelevant. The marriage has lasted for at least 10 years and the spouse seeking spousal maintenance lacks sufficient property or income to provide for her reasonable needs AND is either a) disabled or b) primary caretaker of a disabled child, or c) lacks earning ability to provide for his or her minimum reasonable needs. The parties can agree that spousal maintenance be payable for a certain time period. If a spouse is a sponsored immigrant, he or she could enforce the Affidavit of Support executed by the other spouse and request that the Court order the sponsor to provide the immigrant spouse 125 percent of the Federal Poverty Guidelines until the immigrant spouse becomes a U.S. citizen or until

If you are looking to dissolve your marriage, you may wonder what your options are besides divorce. In some cases, an annulment is an option. So, what is an annulment? An annulment is a legal declaration that invalidates a marriage. This means, it declares that the marriage never happened. There are two different categories for annulments: civil and religious. Civil Annulment A civil annulment terminates your marriage and is granted by a judge. When a judge grants a request for an annulment, it’s as if the marriage never happened. Either spouse may seek an annulment by filing a petition (legal request) with the court that states the grounds (reasons) for an annulment. Although each state has its own annulment requirements, the most common grounds for annulment are: Underage marriage. Either spouse can seek an annulment if one or both spouses were under the legal age of consent (generally 18) at the time of the marriage. In certain states, like Texas, when a person who is 16 or older but under 18 marries without a parent’s consent, the marriage could be void. However, once the underage spouse turns 18, both spouses waive their annulment claim if they continue to live together. Bigamy. You can’t be legally married to two people at the same time. If your spouse was married to someone else when you held your nuptials, you will qualify for an annulment on bigamy grounds. Mental Incompetence. If you or your spouse was too impaired by alcohol or drugs at the time of your marriage to provide consent, you can seek an annulment. Likewise, a spouse who does not have the mental capacity to understand the marriage ceremony or provide consent, cannot be legally married. Failure to Consummate Marriage. A court may grant an annulment if one spouse is physically

Are you interested in filing for divorce in Harris County, Texas? The divorce process varies from state to state, making it important to do your research or reach out to an experienced divorce attorney in Houston, Texas. Residency Requirements for Divorce in Texas As long as you follow the state’s marriage license rules, you can get married in any state—even if you don’t live there. The requirements for ending a marriage, though, are not as relaxed. Instead, you must meet a state’s residency requirements before you can file for divorce in its courts. To get a divorce in Texas, at least one spouse must have: lived in Texas for the six months prior to filing and been a resident of the county where the suit is filed for the 90-day period before filing. The purpose of state residency requirements is to prevent one spouse from moving to another state (or county) to “shop” for a court or judge that will view the case more favorably for that spouse. Residency requirements also prevent one spouse from filing in a location far from the other just to make it more difficult (and expensive) for the other spouse to respond and participate. What Are the Grounds for Divorce in Texas? Texas allows both “no-fault” and “fault-based” divorces. A no-fault divorce is one in which the court doesn’t require either spouse to prove that the other’s bad acts were the cause of the divorce. In a fault-based divorce, one or both of the spouses must show that the other’s actions caused the marriage to fail. No-Fault Grounds for Divorce in Texas No-fault divorces reach resolution faster than fault-based divorces because the spouses don’t have to argue about or prove who was responsible for the divorce. Also, with a no-fault divorce, you do not have

Houston divorce lawyers can help provide you with legal advice surrounding your separation and divorce. Our legal team has years of experience assisting in everything from custody, child support, property division, and alimony. If you are a divorcing spouse seeking alimony, contact Renken Law Firm in Harris County. What Is Alimony? Alimony is basically defined as one spouse’s payment to the other—under a court order or the couple’s agreement—after divorce or while a divorce case is proceeding. States use different terms for alimony, such as spousal support and maintenance, but they usually mean essentially the same thing. And state laws on alimony determine how it works and how judges decide when to award spousal support, how much, and for how long (more on all that below). When you’re thinking about alimony, it might help to know a couple of things it is not: Alimony isn’t a way of equalizing a divorced couple’s financial situation. Instead, it’s typically meant to help make sure that both spouses are able to meet their financial needs. Spousal support isn’t just for ex-wives. The vast majority of states have changed their divorce laws to be gender-neutral, and some women now find themselves being ordered to pay alimony to their former husbands, at least for a time. There are basically three different kinds of alimony (although some states use other terms, and a few states have additional variations): temporary alimony that lasts only until the divorce is final rehabilitative support that’s meant to help the recipients make the transition to supporting themselves, and permanent support. While many states use the term “permanent” spousal support for any alimony that’s ordered as part of the final divorce judgment, those payments very rarely last for the rest of the recipient’s life. True permanent alimony is usually reserved for situations

If you are a victim of domestic violence seeking legal advice for a family law matter, our law firm can help you. We work with victims of sexual assault and family violence get the protective orders they need while settling legal matters such as divorce, child custody, and restraining orders against family members. Contact our domestic violence lawyers in Houston today to take the first step in obtaining a protective order in Harris County. What Is Domestic Violence? Domestic violence is a catch-all term for violent acts or threats that occur between people who have a particular kind of relationship. They may be married, living together, or even just dating. They may share a child in common. They may be family. They may be heterosexual, lesbian, or gay. While anyone can become a perpetrator or victim, serious domestic violence injuries typically result from males attacking females. Though murder and rape can be forms of it, domestic violence often consists of lesser forms of physical abuse, such as slapping and pushing. Stalking can also be a form of domestic violence. (Some use “domestic violence” to describe abuse against children, too.) Is There a Crime Called “Domestic Violence”? Many states define domestic violence as a distinct crime. So, for example, someone who strikes a significant other could be charged with a form of domestic violence instead of (or in addition to) other crimes like assault and battery. Recognizing that domestic abusers take advantage of their victims’ trust and confidence, prosecutors often push for harsher sentences in domestic violence cases. A prosecutor might, for example, want more jail time for someone who attacked a spouse than for someone who did the same to a stranger. And domestic violence sentences typically include special protections for past (and potential) targets. For example, the conviction of

When it is an options, seeking legal representation is always a good idea in Texas divorce cases. Not only will your attorney represent you in court, they will also be able to provide you with helpful insight into what is ordinary in other divorce cases. An attorney is dedicated to representing their client’s best interests and will be there to help you navigate this difficult time. When you are looking for a family law attorney in Houston for your divorce reach out to Renken Law Firm. Will One of You Pursue a Fault Divorce? Spouses must identify a ground (reason) for their divorce when they file. All states and the District of Columbia allow spouses to file for divorce based on a no-fault ground, meaning no one is to blame for the breakup. Spouses can simply cite “irreconcilable differences,” which is also referred to as the “irretrievable” or “irremediable breakdown of the marriage,” depending on where you live. These terms refer to the same basic concept—that the couple simply can’t get along anymore, there is no chance of a reconciliation, and the marriage is broken beyond repair. There’s no need to identify and prove misconduct or a bad act that caused the divorce. In some states, spouses can alternatively base their divorce on a separation for a specific length of time. In several states, spouses can still file for a fault-based divorce, which means the ground for divorce is that one spouse engaged in misconduct that led to the breakdown of the marriage. These vary from state to state, but the most common fault grounds include adultery, abandonment, abuse, and addiction to alcohol or drugs. Fault cases typically take longer to resolve in court because you have to provide admissible evidence and prove to a judge the misconduct occurred and

Whether it is because you work in a public industry, have information you don’t wish to share, or children you want to protect, privacy can be a major issue in divorce cases. Contested divorces and divorces that take place in court rooms are public record. This means the specifics of your finances, your marital issues, and property all can be accessed by anyone interested in learning more about you. For many individuals, this information is something they wish to keep private and protected. The good news is, for those who opt for divorce mediation instead on court room divorces, it is possible to conceal all of this information and keep it entirely private. In divorce mediation, the only people who know the specifics of your divorce agreement are the divorcing parties, the mediator, and the judge who signs off on the agreement. This allows for complete privacy in your case. Nothing that is shared in mediation will be able to be used as evidence against you moving forward. This allows for couples to work through the most serious of conflicts without fear of unwanted exposure. If you are interested in having a private divorce in Houston, the legal team at Renken Law Firm is here to help you. We work with you to find divorce solutions that fit your needs and allow you to move forward with your life. Call our office today to schedule a consultation and learn more about your divorce options. Why Choose to Mediate Your Divorce? Although judges often order divorcing couples to participate in mediation before going to trial, you have the option of mediating on your own—either before you file for divorce or at any time after. Mediating your divorce has a lot of advantages over litigating it (fighting it out in court). Cost.