Recent Blog Posts
Can Child Custody and Support Orders Be Enforced or Changed?
During a Texas divorce, parents of minor children have to make child custody arrangements, now called conservatorship. Child support may also be part of your arrangements. These guidelines can also apply to unwed parents. Whether you reached an agreement with the other parent or the court handed down its decisions, those arrangements became court orders when your divorce was finalized.
Your child support and custody arrangements were based on what worked at the time they were written. Sometimes, things change as time passes, and those orders may no longer be relevant. Depending on which side you are on, you may need to request modifications or enforcement. You can trust our skilled Collin County, TX modification lawyers to protect your best interests.
How Can I Adopt My Stepchild in Texas?
Becoming a legal parent to your stepchild can be an extremely rewarding experience. It not only strengthens your bond, but also grants you full parental rights and responsibilities. However, stepchild adoption in Texas is not always simple. Understanding the legal steps of adopting your stepchild can help you confidently navigate this journey. A Texas family law attorney can provide the guidance you need to ensure that the adoption process goes smoothly and complies with state laws.
Who Can Adopt a Stepchild in Texas and What Laws Apply?
In Texas, a stepparent may adopt their spouse’s child if he or she is legally married to the child’s parent and the adoption is in the child’s best interests. The stepparent must also be at least 21 years old and financially and emotionally capable of providing for the child.
Will I Be Able to Keep the House After My Divorce?
For many, a marital home is more than just a financial asset; it holds memories and emotional significance. As couples navigate divorce, the house often becomes the focal point of property division disputes. This can be an overwhelming process, and it can raise difficult questions. If you are facing divorce and want to know your options, a Texas family law attorney can help you understand the process and state laws about property division.
Is the Family Home Considered Community Property in Texas?
Texas is a community property state, meaning that most assets obtained during the marriage are considered to be jointly owned by the couple. As such, the marital home’s classification depends on when and how it was acquired:
Can You Keep Your Business in a Divorce?
For entrepreneurs, divorce can bring several concerns about the future of their business. Will they be able to keep it? How will it be divided? The answers to these common questions depend on how the business is classified and valued during divorce proceedings.
If you are a business owner facing divorce, it is crucial for you to understand how Texas property division laws affect business ownership. A skilled Texas divorce attorney can help protect your interests and guide you through the business valuation process.
Is Your Business Considered Marital Property?
Texas is a community property state, meaning most assets acquired during marriage are subject to an equal division between spouses in a divorce. Whether your business is considered marital or separate property depends on several factors:
Can a Child Choose Their Custody in Texas?
When parents divorce, one of the most challenging aspects is often determining child custody arrangements. A common question parents may ask is whether their child has a say in these decisions. Understanding state laws regarding child custody is key to navigating this sensitive process. With the guidance of an experienced Texas family law attorney, parents can develop a custody plan that balances legal requirements with the child’s well-being.
At What Age Can a Child Influence Custody Decisions in Texas?
Under Texas law, there is no specific age at which a child gains the right to decide custody for themselves. However, the Texas Family Code allows children age 12 and older to express their preferences to the court. This does not mean the court will follow the child’s wishes, but it does mean the court will consider them when determining what is best for the child.
What Happens to Retirement Funds After a Texas Divorce?
Divorce is not just an emotional turning point; It can also be a financial one, especially when retirement savings are involved. Separating a lifetime of shared assets often requires the untangling of complex retirement accounts, which may leave you wondering how to secure your financial future. Knowing how these funds are divided and planning ahead can make a significant difference as you navigate this new chapter of life. With the guidance of an experienced Texas divorce attorney, you can protect your rights and approach the property division process with confidence.
Are Retirement Funds Considered Community Property in Texas?
Texas follows a community property model for the division of assets, meaning that most assets acquired during a marriage are considered jointly owned by both spouses. This includes retirement savings such as 401(k) accounts, pensions, and IRAs. If you contributed to these accounts during the marriage, the amount saved during that time is generally subject to division in a divorce. However, depending on the circumstances, any funds from before the marriage or after separation may be treated as separate property.
Is a Cohabitation Agreement Right for Me?
More and more couples are choosing to live together without getting married. While this arrangement can be ideal for many couples, it does not provide the same legal protections as marriage. A cohabitation agreement can help establish financial planning, property agreements, and other aspects so that both parties are protected.
Understanding whether this type of agreement is right for you depends on your circumstances and future goals. An experienced Texas family law attorney can help you determine whether a cohabitation agreement aligns with your needs and ensure it complies with state law.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legally binding contract between two unmarried people who live together. It outlines how financial and property matters will be handled during the relationship and if the couple separates. In Texas, cohabitation agreements are enforceable as long as they are in writing, signed by both parties, and meet general contract requirements. These agreements address issues like:
Can Parents Spend Child Support on Themselves?
In many families, one parent focuses more on a livelihood and the other takes on more of the child-raising responsibilities. Neither would be able to do this without the other. A parent cannot be dedicated to career development without having someone else to handle their child’s physical and logistical needs. On the other hand, being a stay-at-home parent is often not reasonable unless someone else is handling the family’s finances.
Child support payments are there to ensure that parents can continue living similarly to the way they did during the marriage even after a divorce. A parent who spends more time at work can keep doing so, generally if the other parent has more visitation and therefore handles more of the child-raising responsibilities. That parent can continue as a stay-at-home parent if the other parent continues working and earning a living that can cover child-related costs.
How Can I Protect Myself if My Spouse Hides Assets Before Divorce?
One of the most intensive aspects of a divorce involves the division of the marital estate. Texas follows a community property model for the distribution of their assets, meaning anything owned jointly by the spouses and acquired during their marriage is to be divided equally, with a 50/50 split. Couples need to work out how much their joint assets are worth so they can calculate an equal division.
Unfortunately, when divorce is approaching, some people decide to hide assets so that they will get a disproportionate amount of what should be divided equally. Hiding assets is illegal, but proving it can be challenging without knowing the signs. If you are preparing for a divorce and believe your spouse is hiding assets, contact an experienced Frisco, TX family law attorney who can offer helpful guidance.
What Are Hidden Assets?
Hidden assets are assets that one spouse intentionally conceals from the other during divorce proceedings to avoid dividing them. These can include:
Unique Challenges of Same-Sex Divorce in Texas
While most couples who get a divorce would probably say that the process was not simple or carefree, same-sex couples in Texas face some unique challenges when they decide to end their marriages. Most of these challenges stem from the fact that same-sex marriage was only legalized in 2015, and therefore same-sex couples can only have been married for around ten years at this point.
Couples who were in committed relationships for many years before they were legally married might face some unique challenges in divorce proceedings. If you and your spouse are considering marriage, speak with an experienced Frisco, TX LGBTQ divorce lawyer to understand your options.
Property Division Complexities for Same-Sex Couples
Texas follows a community property model for the division of property in a divorce. That means that everything considered part of the marital estate - any property, assets, or debts acquired during the marriage - will be split equally between the two spouses.