Category: Divorce

4 Reasons To Choose Divorce Mediation

4 Reasons To Choose Divorce Mediation

Divorcing couples have options when it comes to choosing the best method of dissolving their marriage. These days, more than ever, many couples are choosing mediation to work out their divorce issues. Listed below are 4 of the top reasons to consider mediation for your Texas divorce: 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. Price: 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. Privacy: Litigated divorces are public record, this means any evidence entered 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. Your Say: 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. Is Divorce Mediation For Me? Divorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of

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Is Texas A No-Fault State

Is Texas A No-Fault State

Texas is considered a no-fault state, which greatly impacts the divorce process and guidelines that surround a divorce case in the state of Texas. Renken Law Firm works with individuals to help them through the divorce process so that they are able to protect themselves and their children. What Is a No-Fault Divorce? A “no-fault” divorce refers to a divorce based on “irreconcilable differences” or an “irretrievable breakdown of the marriage.” These are just fancy ways of saying a couple can’t get along and there’s no hope for reconciliation. When you fill out your petition (legal paperwork) for divorce in a no-fault state, you simply let the court know you’re seeking a divorce based on irreconcilable differences; you don’t have to tell the court what led to the divorce or prove that the divorce is your spouse’s fault. In a no-fault divorce, there’s no need to claim that your spouse engaged in bad behavior, because courts won’t consider either spouse’s misconduct when deciding whether to grant the divorce. Most states now have statutes (laws) that allow for a pure no-fault divorce. Those that don’t, allow for some variation of one. Arkansas and Louisiana, for example, still don’t recognize “irreconcilable differences” as a basis for divorce. Previously, in these states, you had to prove your spouse’s fault before a court would grant a divorce, but that’s no longer the case. Even in states that don’t recognize irreconcilable differences, couples can get a divorce based on the ground of “separation.” If you and your spouse want to avoid alleging fault in these states, you can do so by showing that you’ve been separated for the requisite period of time. Do I Have to Live in a State to Get a Divorce There? All states have a residency requirement that one or both

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How Long Until My Divorce Is Finalized in Texas

How Long Until My Divorce Is Finalized in Texas?

Does Texas have a waiting period for divorce? In Texas, a judge may not grant your final divorce until at least 60 days have passed after you filed the divorce petition. The only exceptions to this waiting period are in cases involving domestic violence, when the petitioner has an active family violence protective order against the respondent, or the respondent has been convicted of a a domestic violence crime against the petitioner or someone else in the household. (Tex. Fam. Code § 6.702 (2022).) Although your divorce will be final when the judge signs the divorce decree, neither you nor your spouse may marry someone else until another 31 days have passed. (Tex. Fam. Code § 6.801 (2022).) What is the divorce procedure in Texas? Filing for divorce in Texas involves several steps: Filing the divorce petition. One spouse (the “petitioner”) will file an Original Petition for Divorce and accompanying documents with the court clerk in the county where either spouse has lived for 90 days. Serving the divorce papers. The petitioner then must either have the divorce papers personally served on (hand-delivered to) the other spouse (the “respondent”) or have the respondent sign a waiver of service and simply accept the documents from the petitioner. The next steps in the Texas divorce process may depend on whether you’ve filed for an agreed divorce or a contested divorce. Answering the divorce petition. In a contested divorce, the respondent has 20 days to file an answer to the divorce petition. In an uncontested divorce, the respondent may either file an answer in that time or simply return the signed waiver of service. Standard temporary orders. Either spouse may ask the judge to issue standard temporary restraining orders, including orders meant to preserve the couple’s property during the divorce proceedings. Judges might

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Trusted Divorce Attorney in Houston

Trusted Divorce Attorney in Houston

Are you looking for a Houston divorce attorney to help you find resolution throughout your divorce process? If So, Renken Law Firm can help you. Our family law attorneys have years of experience helping individuals from all different backgrounds and lifestyles through their divorce proceedings. We offer legal representation to help you through this difficult time. Our divorce lawyers in Houston are familiar working with cases involving child custody and child support, spousal support, the division of marital assets, other family law matters involving children, and more. Reach out to us today to schedule a divorce and family law case evaluation for your specific situation. Listed below are some tips shared by HuffPost’s online publication for how to find the right divorce attorney for your unique case: Be realistic: First, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. Your divorce attorney’s job is to represent you to the best of his or her ability in this process. While you might want them to listen to your anger, frustration, pain and sadness, that is not their job. They are not trained to be your therapist or coach, and they don’t want to be. Since your attorney has higher rates and the clock is always running, it’s a gross misuse of your money if this is how you’re using them. And divorce attorneys have seen it all. What seems immensely important to you might barely register for them within the scope of the legal process. So be realistic about the role of your divorce attorney, and what you can expect from them. Stay focused on the goal: Your ultimate goal in this process is to get divorced, and hopefully you can do so without any major depreciation of

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Divorce Settlement Attorney Houston

Divorce Settlement Attorney Houston

Are you looking for a family law attorney to provide legal representation throughout your divorce process? The legal team at Renken Law Firm in Houston, Texas can help you. We provide legal advice throughout your divorce so you can navigate this difficult time. We work with you to find solutions for spousal support, child custody, child support, spousal maintenance, separate property, and more. Contact us today to learn more about how our team can help you reach a divorce settlement. Do We Need to Enter Into an Agreement Before We Separate? No. You may enter into a divorce settlement agreement before or after you separate or file for divorce. Or, you may not be able to reach an agreement until the morning of your divorce trial – right “on the courthouse steps,” as the saying goes. However, the sooner you settle your case the better, especially if the goal is to avoid unnecessary turmoil and attorney’s fees. Do I Need an Attorney to Prepare the Divorce Agreement? It’s highly recommended that you hire a lawyer to prepare your Divorce Agreement. Or, if your spouse’s attorney has already prepared it, you should hire an attorney to review it (on your behalf) and make sure important legal provisions are added, deleted, or corrected in order to protect your rights. Phrases such as “sole legal custody,” “exclusive possession,” “timely indemnify and hold harmless,” and “relinquish and waive all future claims” actually have very important meanings. You’re not a lawyer, so you may miss serious problems with the proposed agreement, or may not know what specific words must be included to protect your interests. If you fail to catch something, you may end up losing important rights. The smart thing to do is to pay someone in the beginning to make sure you don’t

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Top Divorce Attorney Near Me

Top Divorce Attorney Near Me

The U.S. divorce rate is among the highest in the world. There are currently over 750,000 divorces in the U.S. each year. If you are considering divorcing your spouse, you are not alone. Our law firm specializes in divorce and family law legal issues. We offer more than just legal representation to our clients. Our divorce lawyers will work with you every step of the way to ensure you are not making brash or emotionally charged decisions in your case. Legal separation is not recognized in Texas, so do not waste time waiting to file for a petition of divorce. Instead, reach out to our family law attorneys. We have years of experience representing clients to get them the best results in their divorce case. What Type of Attorney Do I Need? When you’re getting a divorce, you’ll need an attorney who is experienced in family law matters. A old college friend who now practices medical malpractice law isn’t likely to be the best choice to handle your divorce. Different areas of the law have different rules and requirements. Attorneys in each practice area have different skill sets. Divorce can be a complex process and it’s essential to have an attorney who knows the nuances of family law and is familiar with your local court’s rules and judges. Can My Spouse and I Share an Attorney? The short answer is “no.” The professional rules of conduct governing lawyers prohibit attorneys from representing both spouses in a divorce. This would create a conflict of interest for the attorney, since your interests, rights, and needs in a divorce are adverse to your spouse’s. A single attorney can’t ethically give good legal advice to two people in adverse positions. While some couples choose to use a single attorney to draw up divorce paperwork,

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Top Divorce Lawyers Near Me

Top Divorce Lawyers Near Me

Have you made the difficult choice to pursue a divorce with your spouse? Are you interested in working with an experienced divorce attorney who can help you navigate difficult divorce issues like legal separation, property division, spousal support, and child custody? If so, Renken Law Firm is here for you! Filing for divorce can be overwhelming but partnering up with the right attorney can help make the process much more smooth. Our team focuses on helping you find solutions for your unique case situation that keeps your divorce civil and fair. Our Houston divorce attorneys want to help make the process go as smoothly as possible for you while also ensuring your needs are being met in the divorce. Make sure you are not settling in your divorce settlement when you work with us. What Does A Divorce and Family Law Attorney Do? Family law is a legal practice area that focuses on issues involving family relationships such as marriage, adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations. They can also draft important legal documents such as court petitions or property agreements. Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce. The matter of family encompasses so many life aspects. Lawyers in the field, therefore, help all kinds of people facing all kinds of sensitive issues that many people wouldn’t immediately assume go under the family law umbrella. 5-Star Divorce Attorney in Houston Choosing the right attorney for your divorce can be a difficult task. You want to work with someone who is experienced, holds similar values to you, and is dedicated to advocating for your best interest every step of the way. Attorney Renken has helped

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Top Divorce Attorney Near Katy TX

Top Divorce Attorney Near Katy TX

When you decide you are ready for a divorce, you may feel overwhelmed and unsure of what steps you should take. There are many misconceptions surrounding divorce, for instance, legal separation is not even recognized in Texas. Working with an experienced divorce lawyer can help you to navigate the legal process and ensure you are taking all major factors into consideration when coming up with a divorce agreement. From emotional and financial legal advice, our team works with you to handle all family law issues. This includes child support, property division, spousal support, and more. Our law firm and attorneys are proudly serving Katy, TX and Houston, TX for a wide range of family law needs. Call our firm today to learn more about our super lawyers and the legal services we provide. 5 Reasons That You Need a Divorce Attorney Expert Advice: An experienced attorney can help a person to make certain to receive everything that he or she deserves during a divorce. State laws do not necessarily support an even split of assets depending on the couple’s situation. In many cases, a spouse is even entitled to retirement or other income that the other spouse will receive in the future. If your marriage has any complicated issues to settle, an attorney can be an invaluable resource. For example, if there is child custody and support issues, substantial income, debts, assets or future assets (an inheritance, etc.) then you should hire an attorney to protect your interests in a divorce. Reduce Stress: Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you, he or she will take care of almost everything else, allowing you

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How Long Does A Divorce Takes In Texas

How Long Does A Divorce Takes In Texas

Divorce cases in Texas can be lengthy and time consuming. A divorce is not final for at least 60 days after a petition is filed. However, most divorce cases take six months or more to finalize, depending on the complexity of the issues and the degree of conflict in the relationship. For some couples, divorce mediation is a faster and more affordable option that allows you to resolve issues directly. Legal Separation in Texas The state of Texas does not recognize legal separation like many other states. What this means is that even when you are living away from your spouse, all of the property you or your spouse acquire is consider shared, regardless of the way it is titled. You are considered married until your divorce is finalized, keep this in mind during the divorce process so that there are no surprises. What Is The Quickest Divorce Process? While all divorce cases are unique, divorce mediation typically is the fastest divorce process. This is because mediation allows for both parties to address their needs and work through the division of property, allocating responsibilities, and more face to face. Our team provides affordable divorce mediation in Houston, Texas and surrounding areas. Is Divorce Mediation Expensive? The cost of mediation depends on the number of sessions required in order to reach a resolution. With that said mediation is often the most affordable option. In traditional courtroom divorce cases, both parties typically will hire an attorney. These attorneys will negotiate on behalf of the divorcing couple, leading to a lot of back and forth communication. This will drag out the length of the divorce and require more paid time to attorney. Mediation is a more affordable divorce process because it allows both parties to communicate directly while working out issues such as

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Do I Need An Attorney For Property Division in Divorce

Do I Need An Attorney For Property Division in Divorce

TexasLawHelp.org outlines some basic property division guidelines as listed below: What property and debt is divided in a divorce? Community property and debt is divided in a divorce. Separate property and debt is not divided. At the end of your divorce case, a judge will divide your property and debt by signing a Final Decree of Divorce. The Final Decree of Divorce will: list the community property each spouse will keep or in some circumstances order community property (such as a house) sold and say how the proceeds should be split, list the separate property (if any) of each spouse, list the debts each spouse is ordered to pay, and order that the community property retirement benefits of each spouse are either: awarded (given) 100% to the spouse who earned the benefits or divided between the spouses. What is community property and debt? Community property includes all property you and your spouse have at the time of divorce except property that a spouse can prove (or the spouses agree) is the separate property of one spouse. Your community property may include real estate (a house or land), a business, cars, money, retirement accounts, furniture and other things earned or purchased by either spouse during your marriage. It doesn’t matter which spouse’s earnings were used to purchase the property or which spouse’s name is on the title. Community debt is debt you or your spouse got during the marriage. The law says that community property and debt should be divided when you get divorced in way that is “just and right.” This does not necessarily mean 50/50. What is separate property and debt? Separate property includes: property owned or claimed by one spouse before the marriage, property received as a gift or inheritance to one spouse during the marriage, money received

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