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Should I Include Evidence of Abuse in My Divorce?

 Posted on June 11, 2024 in Contested Divorce

Travis County, TX contested divorce lawyerDivorce is challenging at the best of times, and marriages that have a history of abuse or power imbalances can be even more stressful to end. Contested divorces are those that include allegations of abuse or other emotionally charged issues that make it difficult for spouses to settle the important decisions needed to finalize their divorce.

If there has been abuse throughout your marriage, it can be helpful to include evidence of this in your divorce case, especially if you need the judge to make decisions based on your and your children’s safety. An experienced Texas contested divorce lawyer can guide you through this process.

Types of Abuse in Marriage

Navigating a divorce after abuse is difficult, and several different types of abuse may be present in your marriage. The Texas Family Code outlines “cruelty” as grounds for a fault-based divorce in the state, and any of these types of abuse have the potential to be cited in your divorce:

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No-Fault Versus Fault-Based Texas Divorces

 Posted on May 30, 2024 in Divorce

Travis County divorce lawyerWhen you pursue a divorce in Texas, you have the option of filing for a no-fault divorce. A no-fault divorce is generally the best option when both spouses agree they no longer want to be married and that a divorce is the best step forward.

However, sometimes spouses may not agree about a divorce, or one spouse will wish to seek a divorce due to the actions of his or her partner. This is typically done with a fault-based divorce.

If you know you need to file a divorce in Texas, but you are not sure which kind of divorce to pursue, an experienced Texas divorce lawyer can evaluate your case and provide you with legal guidance.

Understanding Texas No-Fault Divorce

The majority of Texas divorces are no-fault divorces, meaning that both parties agree to the divorce and that the divorce is based on the grounds of irreconcilable differences. Uncontested divorce, where both spouses agree on all aspects of a divorce including child custody and how to divide assets, is a type of no-fault divorce.

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Do I Need to Share My Inheritance in a Texas Divorce?

 Posted on May 21, 2024 in High Asset Divorce

Austin Divorce Assets LawyerWhen facing a divorce, many people know that their assets and property are likely to be divided. However, when you have an inheritance to your name, you might be wondering if you will have to share this aspect of your assets as well.

Fortunately, inheritances, even those received during marriage, are generally safe from division in a Texas divorce, though there are some situations where your inheritance might be subject to splitting. A skilled Texas high asset divorce lawyer can tell you more.

Is My Inheritance Community Property?

In Texas, marital assets are subject to the state’s community property laws. These laws outline that, in general, property and assets acquired during marriage are considered marital assets and subject to division and distribution during the divorce process. Only property and assets that are separate property, meaning they belonged to one spouse before marriage, are considered exempt from being divided under community property laws.

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Should I Create a Parenting Plan for My Texas Divorce?

 Posted on May 13, 2024 in Child Custody

Austin child custody lawyerOne of the most contentious aspects of a divorce is child custody, and you may face difficulties getting your ex-spouse to agree to a child custody arrangement. However, you must create a parenting plan for your divorce, as this is required by Texas law. An experienced Texas child custody lawyer on your side can help you navigate this process and advocate for your rights to child custody.

Does My Texas Divorce Need a Parenting Plan?

As you start the process of divorce in Texas, shared children between you and your spouse need to be given special consideration. In Texas, parenting plans, which are documents that outline the responsibilities and duties of each parent after a divorce for shared children, are required.

Couples who can agree on a parenting plan during their divorce and present it to the court are likely to avoid a drawn-out custody battle, as the majority of the important decisions for the shared child’s education, healthcare needs, and extracurricular activities have already been decided.

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How Do I Serve Divorce Papers in Texas?

 Posted on May 06, 2024 in Divorce

Austin divorce lawyerServing divorce papers in Texas is done when you initiate a divorce. Texas law surrounding serving papers must be followed for your spouse to be legally notified that a divorce has been filed against her or him. Working with a Texas divorce lawyer to file your divorce is essential for understanding when and how to serve divorce papers in Texas.

Understanding Texas Service of Process Rules

The term “service” is a shortened version of “service of process,” which is the legal notice that must be provided to someone else if he or she is involved in a lawsuit with you. A divorce is a type of lawsuit, so you will need to ensure that your spouse receives proper service of process notifying them that a divorce has been initiated.

The Texas Rules of Civil Procedure set the rules for service of process in divorce cases. According to these rules, you cannot serve your spouse divorce papers by yourself. You will need to hire a third party, such as a sheriff or a professional process server, to deliver the divorce notice for you.

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Getting a Prenuptial Agreement for Your Second Marriage

 Posted on April 26, 2024 in Prenuptial Agreements

Austin prenuptial agreement lawyerPrenuptial agreements are a debate for some couples, but these agreements have their place in many marriages, whether you are on your first or second. In some cases, people who are marrying for a second time may be more agreeable to a prenuptial agreement so that they can effectively protect themselves from repeating the divorce experience of their first marriage.

A skilled Texas prenuptial agreement lawyer is necessary to help you figure out your prenuptial agreement and ensure that this important document is suitable for both you and your spouse.

When Do Texas Marriages Need a Prenuptial Agreement?

While prenuptial agreements in Texas are a good idea for most marriages, some marriage situations may call for a prenuptial agreement more than others. You should strongly consider a prenuptial agreement for your marriage if any of the following apply:

  • You are marrying again and wish to create an agreement that helps you easily navigate a potential divorce.

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Can I Stop My Ex from Wasting Child Support on Herself?

 Posted on April 19, 2024 in Child Support

Austin child support lawyerChild support payments can be a heated topic, and if you are making payments to your ex-wife regularly, it may upset you if you suspect she is spending them on herself instead of to benefit your shared child. Navigating child support once it has been paid to your ex-spouse is complex, and a seasoned Texas child support lawyer is necessary to help you aggressively advocate for your child support payments to be used properly.

Can I See What My Ex is Spending Child Support On?

Many people who pay child support are curious to see what their ex-spouse is spending the payments on, though that is not typically possible. Once you pay your ex, they have full discretion on what to do with your child support payments, as long as they are being used to provide for your shared child.

Your ex-spouse is not required to disclose the nature of their spending habits, though you may be able to see if your ex suddenly has brand new clothing, expensive appliances, or a new vehicle or seems to be living at a higher standard than during your marriage. These actions can indicate that your ex is not using her child support payments properly.

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How Do I Get Spousal Support After My Texas Divorce?

 Posted on April 11, 2024 in Divorce

Travis County spousal support lawyerSpousal support, often referred to as spousal maintenance in Texas, is payments made to one spouse from the other to support them after a dissolution of marriage. The state of Texas has certain rules surrounding spousal maintenance payments, and it is important to work with a skilled Texas spousal support attorney to understand your rights.

Who Is Eligible for Spousal Support in Texas?

There are two main ways that you may be eligible to receive spousal support in Texas, and either spouse can request spousal support during a divorce. If you have a prenuptial or postnuptial agreement that outlines spousal support in the case of a divorce, the court will generally honor it. Alternatively, you may be able to request that the court order spousal maintenance payments.

To be eligible to receive court-ordered spousal support payments, the  Texas Family Code states that the spouse requesting payments must show evidence that he or she will not be able to meet his or her needs after the divorce, even after receiving community property divisions and possessing separate property.

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Can I Relocate with My Kids After My Divorce in Texas?

 Posted on April 04, 2024 in Divorce

Travis County child custody lawyerAfter your Texas divorce settles, you may be considering a move out of state to start over fresh or to get a new beginning for yourself and your children. However, depending on your child custody agreement and the details of your divorce, you may be unable to move your kids out of Texas after your divorce. In many cases, you must petition the court to allow you to relocate. An experienced Texas child custody lawyer can help you further understand your options.

How Can My Custody Order Affect Relocation?

Your child custody order is one of the first things you will need to consult if you are considering relocation out of Texas. How you go about your relocation depends on the type of child custody you are dealing with. In Texas, this is either a sole managing conservatorship, where one parent is qualified to care for the child, or a joint managing conservatorship, where both parents split the duties of caring for a child.

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What Is a Temporary Restraining Order in Texas Divorce?

 Posted on March 28, 2024 in High Asset Divorce

Travis County, TX divorce lawyerProperty and asset division in a divorce is often highly contested, especially if both spouses have high assets or a divorce is particularly contentious. A temporary restraining order (TRO) in a Texas divorce can sometimes be used to ensure that your spouse is prevented from committing fraud with finances or draining accounts and selling assets to avoid splitting property and assets as part of the divorce agreement.

A knowledgeable Texas divorce lawyer can help you obtain a TRO and navigate the asset division process in your divorce.

Understanding a Temporary Restraining Order in Divorce

In Texas, assets and property that are acquired during a marriage are considered community property. These assets are divided fairly between each spouse during a divorce. However, if assets are valuable and contended or one spouse does not wish to split their finances and assets equally with the other, they may attempt to dissipate their assets through selling property, spending or gifting large amounts of money to others, or moving and transferring assets without their spouse’s knowledge.

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