Posted on January 10,2024 in Military Family Law

Getting divorced when one parent serves full-time in the military adds extra layers of complexity for establishing child custody. On top of normal custody factors, you must consider the service member’s duty stationing, deployment status, and frequent relocation. It is beneficial to understand how child custody considerations differ for military families, and a Texas divorce lawyer can help you figure this out.

Jurisdiction and Governing Laws

The state holding jurisdiction over your child custody case depends on your child’s home state residence. The Service Members Civil Relief Act allows the service member to keep permanent residence status in one state even when temporarily stationed elsewhere.

Some divorces fall under military jurisdiction according to the Service Member’s Civil Relief Act and the Uniform Child Custody Jurisdiction and Enforcement Act. Others stay at the state level based on the children’s primary home location for the past six months. Courts also weigh when to apply state laws vs. federal regulations governing custody involving military members.

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 Posted on December 22,2023 in Property Division

When facing a divorce in Texas, one major concern is how marital property will be divided – and how it will impact your financial future. As a “community property” state, the assets accumulated and debts shared during your marriage must be split equitably between spouses. It is vital to protect your entitlements in the process. A Texas property division lawyer can help make sure you take the proper steps.

Understand What Comprises Marital Property

The property subject to division in your Texas divorce encompasses the house, land, retirement investments, savings accounts, and debts tied to you and your spouse jointly during the marriage—regardless of whose name is on the accounts or titles. Everything is essentially considered shared 50/50 pending “just and right” adjustments. Even separate inherited or gifted property can become marital property. An attorney can determine your spouse’s claims.

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 Posted on December 07,2023 in Child Custody

When parents divorce or separate in Texas, both maintain rights to see children regularly unless shown as unfit. However, absent formal agreements, mothers often assume primary custody by default, limiting fathers’ access. Working with a Texas lawyer can help seek fair visitation ensuring ongoing parental involvement post-separation, which is important for your child to see both parents.

Filing a Custody Suit

If unable to resolve custody privately, you should file for a court order legally designating visitation rights. Begin by submitting either a Suit Affecting the Parent-Child Relationship (SAPRC) or legal action like a divorce or annulment petition with requests for defined access provisions. Outline reasonable schedules allowing quality time based on work constraints like shift hours. Illustrate capabilities nurturing children’s development needs.

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 Posted on November 20,2023 in Family Law

Having a parenting plan overturned, or visitation rights denied can be incredibly frustrating and upsetting for parents. Unfortunately, it is not uncommon for one parent to attempt to prevent the other from seeing their child after separation or divorce. If you are facing this difficult situation, there are some steps you can take. A Texas lawyer can help ensure this situation does not worsen for you.

Review Your Current Court Orders

Your first move should be to thoroughly examine any decrees, custody orders, visitation schedules, or parenting plans that are in place. These court mandates outline each parent's rights and responsibilities. Make sure you understand what the orders state about visitation and custody.

Document Every Attempt to See Your Child

When the other parent blocks scheduled visitation, carefully document each attempt you make to see or get in contact with your child. Save any relevant texts, emails, voicemails, etc. Note dates, times, who you spoke to, and what was said. Concrete records will help prove the denial of court-ordered access.

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 Posted on November 06,2023 in Family Law

Life after divorce sometimes necessitates revising court-ordered alimony. When major circumstances change, the original payments may become impractical or unfair for one spouse. Texas law allows alimony modifications, but only if you meet strict filing and evidentiary burdens. With the help of a Texas lawyer, you can petition to legally adjust divorce decree alimony terms that no longer fit your situation.

File Your Petition Promptly

To request an alimony modification in Texas, you must file a petition with the court that granted your divorce using the same cause number. The petition outlines the revised alimony terms you are seeking and evidence justifying the change. Timing requirements depend on which party files the petition:

• For recipients, a petition can only be filed after an initial waiting period after divorce dictated by the court (often 6-12 months).

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 Posted on October 19,2023 in Property Division

Splitting up property during a divorce can be tricky. The law aims for equitable division, but high emotions can complicate things. Spouses may hide assets, undervalue the family home, get sneaky with retirement accounts, or do something else they legally should not be doing. So, how do you protect what is rightfully yours? How do you know if they could be hiding assets or something else? A Texas lawyer can help you through this.

Understanding Community Property Rules

In Texas, community property laws govern divorce asset division. Marital property acquired during the marriage is jointly owned. This commonly includes:

• Earnings, income, stock options from employment
• Real estate like the marital home or investment properties

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 Posted on October 06,2023 in Property Division

Texas is a community property state, which means marital assets are typically divided equally in a divorce. However, Texas law does recognize separate property owned before marriage or received as a gift or inheritance during marriage. 

Spouses can protect documented separate property when dissolving the community estate. A Texas lawyer can help you with your case to ensure your rights are met during your divorce.

Defining Separate vs. Community Property in Texas

Under Texas Family Code Section 3.001, marital property is classified as either community or separate.

Community property includes:

• Assets and debts acquired by either spouse during the marriage through joint effort

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 Posted on September 20,2023 in Divorce

Going through a divorce in Texas can be extremely difficult on top of being a potentially complex legal process. Without guidance from a family law attorney, many people make critical mistakes that can negatively impact their case both in the near and long term. Here are some of the most common pitfalls to avoid if you are getting divorced in Texas.

Failing to Gather Important Documents Early On

Not having all your financial statements, tax returns, property records, mortgage documents, investment accounts, and other key paperwork organized ahead of time can significantly stall the legal proceedings. Make copies of all shared assets and debts. Locate any prenups, marital agreements, or deeds. Do not make your lawyer hunt down disorganized paperwork.

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 Posted on September 14,2023 in Child Custody

In high-conflict child custody disputes during a Texas divorce, the court may order a formal custody evaluation to help determine parenting arrangements that serve the child’s best interests. This in-depth assessment is conducted by a qualified, court-appointed professional evaluator, usually a psychologist or psychiatrist. Their investigation and recommendations carry significant weight in final custody determinations. With so much on the line, proper preparation is crucial for parents navigating a custody evaluation. A Texas attorney can help you along the way.

Understanding the Role of the Evaluator

Custody evaluators have extensive training in family dynamics, child development, and psychology. They act as neutral third parties, not as advocates or therapists. Their role is to conduct an unbiased investigation and provide expert recommendations to the court regarding custody and visitation arrangements that promote the child’s physical safety and psychological well-being, per Texas Family Code provisions.

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 Posted on August 28,2023 in Property Division

Divorce is not only emotionally taxing but also financially intricate, especially when it comes to dividing marital assets. In Texas, the process of splitting money and property is guided by community property laws, which will, along with the spouses or judge, dictate the final settlement. Understanding how money is divided during a divorce in Texas is crucial for both spouses to ensure a fair and equitable outcome. It is best to enlist the skills and knowledge of a Frisco high net worth divorce attorney to help ensure your rights are protected.

Community Property Laws in Texas

Texas is one of the few states in the United States that follows the community property system. Under this system, any assets acquired during the marriage are generally considered community property, belonging equally to both spouses. This includes income, real estate, investments, and other property obtained during the marriage. Community property laws work the same in a high net worth divorce.

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