Posted on August 15, 2022 in Family Law

Texas law and culture encourage parents who are getting divorced to continue co-parenting as peaceably as possible. This means working as a team to raise minor children, despite the divorce and any personal differences between the parents. While this may not be easy, a firm commitment to co-parenting yields better-adjusted kids and less stressed parents, making the payoff substantial for everyone. Here are some things to include in your Texas parenting plan, or possession order, as you start the co-parenting journey together. 

Texas Parenting Plan Requirements

Certain things are nice to have in your parenting plan, but other things are essential. Things that you must have in your parenting plan include: 

• Whether one or both parents will be managing conservators or possessory conservators. Managing conservators have the authority to make important decisions regarding healthcare, education, etc. for the children; possessory conservators have the authority to spend visitation time with the children

  Continue Reading ››

 Posted on July 27, 2022 in Divorce

Although many states are moving away from community property laws in favor of more fair equitable division laws, Texas is one of the nine states that is still strictly a community property state. In Texas, community property is subject to a “just and right division.” Generally, this requires marital assets and debts to be divided down the middle, rather than allowing each spouse the flexibility to take their fair share. 

The process of dividing assets and debts in divorce is crucial for determining your future financial health. While Texas law usually requires a 50/50 property split, determining what that looks like can be subject to some interpretation and negotiation. To learn more about the asset division process in a Texas divorce, read on and then contact an experienced Texas divorce attorney. 

Does Any of Our Property Belong Exclusively to Me? 

The first part of dividing debt and assets in a divorce is collecting an accurate picture of a couple’s finances and belongings. Certain property may be considered personal rather than marital if it was: 

Continue Reading ››

 Posted on June 08, 2022 in Family Law

When parents of minor children in Texas create a child custody order or parenting plan, they agree to abide by the terms of the parenting plan under threat of court sanctions. This helps keep the children’s lives predictable and ensures parents do not experience unnecessary conflict over ever-changing schedules. But when a parent moves, gets a new job, or otherwise has a significant change in circumstances, an existing custody order may no longer be workable. Although Texas courts are wary of changing child custody orders frequently, especially if it appears a parent may be requesting a change to harass the other parent, there are certainly times when such a change is justifiable. 

Do We Need to Go to Court to Change Our Custody Order? 

If the changes to your custody arrangement are minor and you get along well with your child’s other parent, you may be able to agree to make adjustments without going to court. However, any agreement you come to is not enforceable and, if your child’s other parent is manipulative or abusive, an agreement outside of court may expose you to the risk of conflict. If you and the other parent cannot agree, you must both follow the existing order until it is successfully modified. 

Continue Reading ››

 Posted on May 11, 2022 in Divorce

While thousands of couples get divorced every year in Texas, if you are approaching the divorce process for the first time it can be intimidating. Divorce has the potential to be simple, but more often it can be quite a complex process that takes many months to resolve. Divorcing couples must agree on issues like property division and custody, and conflict between spouses can make negotiations difficult. Whatever challenges you face in divorce, a knowledgeable divorce attorney can help you resolve them; if you are considering getting a Texas divorce, here is a brief overview of the process. 

Fault or No-Fault Divorce? 

Texas law provides seven “grounds,” or reasons, for divorce. These include cruelty, adultery, and abandonment, and while a divorcing couple does not have to pursue a fault-based divorce, proving fault can have a significant impact on your divorce process. Once you have decided whether you want a fault-based or no-fault divorce, you can file the divorce papers. 

Continue Reading ››