Time to File for Divorce in Harris County and Houston

If you’re considering filing for divorce in Harris County, Texas, it’s crucial to understand the specific requirements and options available to you. The divorce process varies from state to state, making it essential to do your research or seek guidance from an experienced divorce attorney in Houston, Texas.

Residency Requirements for Divorce in Texas

Before you can file for divorce in Texas, you must meet certain residency requirements. At least one spouse must have lived in Texas for six months prior to filing for divorce and must have been a resident of the county where the suit is filed for at least 90 days. These residency requirements aim to prevent individuals from seeking favorable courts or judges by moving to another state or county.

Grounds for Divorce in Texas

Texas allows both “no-fault” and “fault-based” divorces. In a no-fault divorce, the court doesn’t require either spouse to prove the other’s actions as the cause of the divorce. Fault-based divorces, on the other hand, require one or both spouses to demonstrate that the other’s actions led to the failure of the marriage.

No-Fault Grounds for Divorce in Texas

No-fault divorces are faster and more straightforward, as there’s no need to prove fault or bad acts. The two no-fault grounds for divorce in Texas are:

• Insupportability of the marriage: The marriage is no longer sustainable due to conflict or discord, and reconciliation is unlikely.
• Living apart: The spouses have lived separately without cohabitation for at least three years.

Fault-Based Grounds for Divorce in Texas

In fault-based divorces, one or both spouses must present evidence to the court proving that specific acts led to the divorce. These divorces are typically more contentious, expensive, and time-consuming. The fault-based grounds for divorce in Texas are:

• Cruelty
• Adultery
• Felony conviction
• Abandonment
• Confinement to a mental hospital for at least three years

Types of Divorce in Texas

Divorces in Texas can be either uncontested or contested, depending on the level of agreement between spouses.

Uncontested Divorce: An uncontested divorce, also known as an “agreed divorce,” occurs when both spouses agree on all divorce-related matters, such as property division, child custody, and support. Uncontested divorces are generally faster and less expensive, as there’s no need to fight in court.

Contested Divorce: In a contested divorce, spouses can’t reach an agreement, and the court must decide on the issues in the divorce. These divorces can be more complicated and take longer to finalize.

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 time, money, and stress involved in your divorce.

While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.

Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.

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

Navigating the Divorce Process

If you’re pursuing an uncontested divorce, you can find specific forms and procedures based on your situation. On the other hand, contested divorces involve more complex legal proceedings, and many individuals opt to hire a lawyer to guide them through the process.

At Affordable Family Lawyer Serving Houston, TX, we pride ourselves on providing exceptional legal representation to the Greater Houston area. Our team understands that every divorce is unique, with different needs that must be addressed. If you’re facing a divorce, contact our law office to explore your options and find the support you need to navigate this challenging process successfully. Whether you’re in Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Katy, Memorial Houston, Montgomery County, Richmond, Spring, or The Woodlands, our team is here to help you achieve the best outcome for your situation.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
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If you and your spouse are considering divorce and are open to working together to reach an agreement, divorce mediation might be an option worth exploring. Rather than going through the typical court process, mediation involves a neutral third party called a mediator who helps facilitate communication and negotiation between both spouses, allowing them to make decisions about their future.

Divorce mediation offers several advantages, including privacy and affordability. Unlike public courtroom proceedings, mediation gives couples more control over the final decisions made during their divorce. It promotes a cooperative and collaborative approach to resolving issues.

Dawn Renken, a family law attorney and licensed mediator, can provide valuable legal guidance throughout your divorce case. She can assist in resolving disputes, developing a child custody schedule, determining child support payments, dividing property, and addressing other important matters.

At what point in the divorce or custody process do we have to go to mediation? Do we have to file suit first?

You can go to mediation before or after you officially file your petition for divorce. The court may order you to go to mediation once you have filed, or you and your spouse may decide to attend mediation before your divorce decree is finalized.

If you decide to attend mediation once your case has started, you, or your lawyer, will need to let the judge know of your decision.

Do both parties have to abide by the mediated settlement agreement in a divorce?

A mediated settlement agreement for a divorce is binding if both parties agree that it will be binding. The agreement must:

• state, in bold typeface, capital letters, or underlined, that the agreement is not subject to revocation,
• be signed by both parties, and
• be signed by the party’s attorney, if any, who is present at the time the parties signed the agreement.

What if the court orders mediation for my divorce and I do not want to go?

You must go to mediation if the judge orders it.

A party can object to mediation if there have been incidents of family violence against the objecting party. The objecting party must object prior to the final mediation order and file a written objection to the referral of mediation.

I am afraid of my ex-spouse–do I have to go to mediation?

If there has been a proven history of family violence or you fear for your safety, you may not be required to attend mediation.

If you have been ordered to mediation, you should file a written objection to mediation on the basis of family violence at any time prior to the final mediation. Once an objection is filed, the suit cannot be referred to mediation, unless the opposing party requests a hearing to oppose your objection. If a hearing is held and there is not enough evidence to support your claim of family violence, mediation will be held.

However, the court will take appropriate measures to ensure your safety. For example, the mediation may be held in separate rooms where you do not have to have face-to-face contact with them.

The mediator plays a crucial role in helping the divorcing spouses navigate their negotiations. When a couple decides to divorce, communication and trust between them often become strained. This breakdown makes it challenging to discuss the dissolution of their marriage effectively. The mediator acts as a neutral party, creating a safe and supportive environment where both parties can express their concerns and opinions.

During mediation sessions, the mediator ensures that discussions remain respectful and free from interruption, blame, or misunderstanding. They guide the couple through the various issues that need to be addressed, ensuring that all relevant matters are discussed before reaching a final agreement. The mediator offers guidance, legal information, and assistance in finding solutions when conflicts arise.

Typical mediation sessions last about one to two hours, although some mediators may schedule longer sessions for more comprehensive assistance. The mediator helps establish an agenda for each meeting, keeping the spouses focused and encouraging effective communication. Common agenda items include child custody arrangements, division of assets and debts, and any other specific concerns related to the divorce.

Once all the agenda items have been addressed and compromises have been reached, the mediator drafts a divorce agreement. In some cases, a lawyer may be involved in the drafting process, especially if the mediator is not a lawyer themselves. The couple then reviews the agreement, either on their own or with the help of their own attorneys. After the final review, the necessary legal papers are filed in court, bringing the divorce process to a relatively quick conclusion.

Houston Divorce Law Firm for Dissolving Your Marriage

If you’re searching for an affordable divorce mediation lawyer, our team proudly serves the Greater Houston area, including locations such as Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, and The Woodlands. We understand that every marriage is unique, and each divorce presents its own set of needs that must be addressed. Reach out to our law office to explore your options and discover how we can assist you in moving forward.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
Visit our website
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In Texas divorce cases, it is advisable to consider obtaining legal representation as an option. By working with an attorney, you not only gain a representative in court, but also access to valuable insights on common practices in similar divorce proceedings. An attorney is committed to advocating for their client’s best interests and can provide guidance throughout this challenging period. If you’re searching for a Houston attorney specializing in divorce to assist with your divorce, consider reaching out to Renken Law Firm.

With extensive experience supporting individuals from diverse backgrounds and lifestyles, our team of family law attorneys is dedicated to guiding clients through their divorce proceedings. We provide skilled legal representation to assist you during this challenging period.

Based in Houston, our divorce lawyers are well-versed in handling various aspects of divorce cases, including child custody and support, spousal support, division of marital assets, and other family law matters pertaining to children. Do not wait for your spouse to file, instead contact us today to arrange a comprehensive evaluation of your specific divorce and family law case.

Why Being the First to File for Divorce Matters

To get a divorce started, one (or both—more on joint filing later) spouse must file a divorce petition with the court. The filing spouse is often called the “petitioner,” and the non-filing spouse is called the “respondent.”

If you know that there’s no chance for reconciliation, filing first might give you some strategic advantages such as:

Choice of court location. As long as the petitioner follows state and local laws about where a divorce can be filed, the petitioner gets to choose the jurisdiction (location) for the divorce proceedings. Many states have some form of residency requirement to prevent either spouse from intentionally filing for divorce in a state or county that might favor that spouse more than the other. For example, in Michigan, the filing spouse must live in the state for at least 180 days and the county of filing for at least 10 days before the court can accept the divorce petition. (Mich. Comp. Laws § 552.9 (2021).) So, if your spouse lives 100 miles away and files first, you’ll have to travel to your spouse’s courthouse for all divorce-related matters, which will cost you more time and money than if you’d filed first in the court nearest you.

• Control over the pace of the divorce. The spouse that files for divorce often has a bit more control over how fast the divorce progresses. By filing first, you’ve started the process at a point of your choosing, while your spouse has no choice but to respond on the court’s timeline. Then, while your spouse is working on a response, you’ll have the opportunity to plan your next move.
• The chance to make the first impression. The initial divorce paperwork contains the petitioner’s statement about the grounds (reasons) for the divorce. The allegations in the petition will be the first information about the case that the court sees—and when you file first, the ball is in your spouse’s court to change the court’s first impression.
• The first opportunity to ask for temporary orders. The spouse who files first can ask the court for temporary orders before notifying the other spouse of the initial divorce filing. These orders might limit what each spouse can do with marital funds or property, protect one spouse from the other, award temporary child custody, or grant temporary child or spousal support. Although non-filing spouses will have the chance to respond to any requests for orders, their response must be filed before or at the same times as their response to the petition. Non-filing spouses can’t request their own temporary orders until after they have filed their response to the petition.

Does One Spouse Always File First?

Depending on your state’s laws, you might be able to file a “joint” petition for divorce (some states call this an uncontested or collaborative divorce), which means that both spouses agree not only to the divorce but to all divorce-related issues that follow. The spouses write up a divorce settlement agreement, and file it with their petition. The uncontested process in many states is more streamlined than a contested divorce, saving time, money, and relationships.

Your divorce settlement agreement must include the specifics about:

• the reason (grounds) for the divorce
• each spouse’s share of the court’s filing fees
• how you will divide your marital property and debts
• whether one spouse will pay spousal support, and if so, the amount and length of the payments
• which spouse will become the primary caregiver (custodial parent) for any minor children
• a parenting time or visitation schedule for the non-custodial parent, and
• the amount of child support the non-custodial parent will pay.

As long as both spouses agree to all the divorce terms in writing, the court will approve it in most states. When minor children are involved, the court might require the judge to review the terms more carefully before approval. Still, as long as the custody and support arrangements favor the children’s best interests, the court will approve it.

Houston Family Lawyer for Complex Divorce Cases

Are you looking for a divorce lawyer in Houston to help you navigate the difficult divorce process? Our law office can help you. We work with individuals going through complex separations to help them reach a divorce settlement that fits their specific needs.

Why Choose Us?

Attorney Dawn Renken is a highly skilled family law practitioner based in Houston, Texas. Her expertise lies in handling a broad spectrum of divorce cases, ranging from amicable mediation to challenging contested situations. In 2014, Attorney Renken obtained her mediation license from ADR Services International Inc. Since then, she has assisted numerous divorcing couples who seek alternatives to traditional courtroom proceedings.

Mediation, one of Attorney Renken’s areas of focus, offers a confidential and private approach to divorce, eliminating the need for public court appearances and lengthy litigation battles. As a neutral third-party mediator, she ensures that both parties are equally and fairly represented throughout the process, facilitating constructive communication and enabling the couple to work together towards a mutually agreeable resolution.

If you are in search of an exceptional divorce attorney in the Houston area, consider contacting Attorney Dawn Renken to benefit from her extensive experience and commitment to helping clients achieve peaceful and satisfactory outcomes.

Family Law Attorney in Houston

Renken Law Firm is a trusted resource for family law matters in Houston, TX. Our team of family lawyers is dedicated to providing personalized attention as you navigate through complex family issues, such as custody disputes, divorces, and other familial conflicts. We offer a range of services, including family mediation and adoption, aiming to help our clients find resolutions without the need for costly court litigation. Our clients engage our family law attorneys at Renken Law Firm to ensure the protection of their rights and the best interests of their families.

While every family law case is unique, understanding the process can alleviate some of the stress and anxiety that accompanies it. At Renken Law Firm, we have a team of committed professionals who will guide you through every step of your case, from beginning to end. We believe that knowledge is empowering, and we will work tirelessly to provide you with the information and support necessary to make informed decisions for yourself and your family. Contact us today to schedule a consultation, where we can discuss your individual situation and address any questions you may have.

 

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

If you’re thinking about getting a divorce, there are many important things to consider when discussing it with your partner. The division of property and rights can be a sensitive process that requires agreement from both parties. If you’re ready to start the divorce process, the attorneys and legal team at Renken Law Firm are here to assist you.

Our dedicated professionals can provide advice and information to help you navigate this challenging time and ensure you get what you deserve. Contact us to schedule an appointment and protect your rights. We offer a free one-hour consultation with no obligation. Reach out to us today to learn how we can help you navigate the process and reach a fair agreement that suits your unique needs.

If you’re thinking about divorcing your spouse in Texas, it can be overwhelming to know where to begin. Divorces can be complex and emotionally and financially challenging. Many couples postpone filing because of these difficulties. However, even a simple divorce can take several months or longer to complete.

In Texas, the minimum time for a finalized divorce is 61 days. If child custody, complex finances, or shared property are involved, the process can take months or even more than a year. Texas law requires a mandatory 60-day waiting period before finalizing a divorce, starting from the day the Original Petition for Divorce is filed.

Take Steps to Separate Your Life

Starting a life of your own comes with a bunch of to-dos. Here are some of the most important.

• Protect your credit. Divorces have the potential to harm your credit, so you might want to consider opening a new credit card in your name. However, check your state laws first, because if you open a credit card while you’re still married, a court may consider this to be a community or joint credit card. Once you are separated, though, opening a new account in your own name will help you maintain your credit after the divorce.
• Line up a bank account. If you and your spouse have joint checking and savings accounts, go to your bank and open a new account in your name only. Again, check your state laws to figure out if you should wait until you are formally separated before opening a bank account in your name only. Establishing a new bank account will help you keep track of your finances and the account will be readily available for you to use once the judge finalizes the divorce. It’s important that you do not move your direct deposit to your new account until your lawyer (if you hire one) or the court tells you to. In many states, both spouses’ earnings are joint property, and removing those funds from joint accounts could later impact your divorce.
• Protect your information. Get a secure email address and change any passwords you’ve used in the past. It would be best to change passwords to any social media accounts in your name, especially if you think your spouse might access this information to use against you in the divorce.
• Set up a P.O. box. If you have a lawyer or expect to get other mail related to your divorce or the process of separating from your spouse, get a P.O. box in your name so you can receive important documents without your spouse gaining access. If you can’t afford a P.O. box, consider asking a family member or friend to allow you to have your lawyer send mail to their addresses.
• Find health insurance. Begin exploring your options for health care if you depend on your spouse’s employer for insurance. If you are unemployed, you can start the process of looking for health care on the Affordable Care Act website or contact your local Health and Human Services Department to determine if you qualify for state assistance.
• Itemize your belongings. Create a list of personal items that belong only to you, like family heirlooms or gifts. If necessary, secure these items with a family member, but be sure to disclose them in the financial or other disclosures when the court or opposing attorney asks. Make sure you include any inheritances from before and during the marriage.
• Update insurance documents. Most if not all states don’t allow divorcing spouses to modify estate planning documents and insurance plans until after the judge finalizes the divorce. You should update your documents as soon as allowed, though. Additionally, if you have powers of attorney that grant your spouse the right to make medical or financial decisions for you if you’re incapacitated, but you no longer want your spouse to have that authority, you will need to update your paperwork. Speak with an attorney if you’re unsure how to change these important legal documents.

If You Have Minor Children, Prepare for the New Parenting Arrangement

Divorcing parents have a lot to think about, but here’s a good way to start.

• Sketch out a plan. Learn about your state’s custody process and begin creating a proposed custody plan, including each parent’s visitation with the children, holiday and school break schedules, and other special occasions.
• Create a calendar. Create a calendar where you can keep track of the children’s time with each parent. Include issues with communication, transportation (if applicable), canceled visits, or expenses you’ve paid.
• Learn about child support. Begin considering whether you will need to pay or receive child support after the divorce. If you need child support while the divorce is pending, and your spouse won’t agree to pay it, you can ask the court for a temporary support order when you file your petition or response.

Collect Marriage Documents

Start a documents file by gathering paperwork related to your marriage and estate planning.

• Agreements. Find copies of any prenuptial or postnuptial agreements and all estate planning documents. For example, locate copies of wills, living wills, trust documents, powers of attorney, and advance healthcare directives.
• Marriage license. Find your marriage license and place it in a secure location.
• Life insurance policies. Gather copies of life insurance policies for either spouse.

If you haven’t filed your petition yet, the experienced divorce attorneys at Renken Law Firm can assist you. Our legal professionals are dedicated to providing the best support for your case. Contact us today to learn more about filing for divorce in Texas and to schedule your free one-hour consultation.

Why Choose Us?

Attorney Dawn Renken has dedicated her career to helping families find solutions for their needs. In addition to having years of experience practicing as a family law attorney, she is also a Licensed Mediator through ADR Services International Inc. She is able to use her hands-on knowledge of divorce cases and agreements to help couples work together to reach divorce agreements. This includes helping divorcing couples work together to divide property, assets, debt, child custody, and more.

Schedule a consultation with our team to learn more about your options for divorce.

Family Law Attorney in Houston

Renken Law Firm is a trusted resource for family law matters in Houston, TX. Our team of family lawyers is dedicated to providing personalized attention as you navigate through complex family issues, such as custody disputes, divorces, and other familial conflicts. We offer a range of services, including family mediation and adoption, aiming to help our clients find resolutions without the need for costly court litigation. Our clients engage our family law attorneys at Renken Law Firm to ensure the protection of their rights and the best interests of their families.

While every family law case is unique, understanding the process can alleviate some of the stress and anxiety that accompanies it. At Renken Law Firm, we have a team of committed professionals who will guide you through every step of your case, from beginning to end. We believe that knowledge is empowering, and we will work tirelessly to provide you with the information and support necessary to make informed decisions for yourself and your family. Contact us today to schedule a consultation, where we can discuss your individual situation and address any questions you may have.

 

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

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
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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
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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