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How can you have your marriage found to be void in Texas?

If you have need a best suitable service your Child Law experience, How can you have your marriage found to be void in Texas? with the great process!

Family Lawyer in Houston: Let’s start today’s blog post from the Law Office of Bryan Fagan, PLLC with a story. I recently spoke with a woman who told me about a man that she had dated in high school. After high school, the relationship continued as both she and her boyfriend began to work at the same business here in Houston.

Given her young age and her religious upbringing, she was against having premarital sex. Her boyfriend respected her decision and the issue never really came up in their relationship until the two got married. On their wedding night and during the following couple days it became obvious that her new husband was impotent. This came as a shock to our potential client.

This nice lady wanted to know simply if she is able to get out of the marriage and whether or not she could get an annulment. This is an issue that has major importance for some of you out there and is one that we do not write about all that much. With all of that said let’s dig into it further today.

Annulments in Texas- how to determine if you are eligible for one?

Fortunately for the young lady in the above story, I was able to tell her that, yes, she was likely eligible to get an annulment due to her marriage being void. It is quite difficult to actually qualify for an annulment and most folks who attempt to get an annulment end up having to settle for a divorce. It is a longer and more detailed process even for a marriage that lasted only a month or so.

The grounds for an annulment in Texas are divided up between two categories- void and voidable marriages.

Void marriages are those that are not valid due to issues regarding consanguinity or the existence of a prior marriage. Consanguinity is a fancy word for when a person marries a relative. Relative means a person who is a “close” relative like a sibling, parent, uncle, aunt, niece or nephew. If this is the case for you and your marriage then you can get an annulment.

The other ground for getting an annulment based on a void marriage is if you or your spouse were already married at the time you got married. The truth is neither of these issues ever come up very often but they merit mentioning here as possible grounds to get a marriage declared void.

What is a putative spouse?

If your spouse was already married at the time that you and he got married then you are known as a putative spouse as long as you have no reason to believe that your marriage is not valid. You would have the ability to receive somewhat would ordinarily be known as community property had you entered into a valid marriage with your spouse.

A word of caution- your right to recover property under a quasi-property division situation ends once you have reason to know that your spouse was married at the time you and he got married. Your ability to recover property is limited to the time beginning at the start of your (void) marriage and when you found out about your spouse’s prior marriage’s existence.

Voidable marriages involve a little more wiggle room in terms of being able to make an argument. Consanguinity and already being married at the time you were getting married to another person are tough points to argue. Either those factors are relevant or they are not. Voidable marriages allow you to make an argument which leads me to believe that they are easier grounds on which to get your annulment.

Let’s start off with two unfortunate situations that can lead to an annulment. If you or your spouse are determined to be mentally incapacitated or have a mental illness that is significant you can have your marriage determined to be voidable. Mental incapacity basically means that you or your spouse were under the influence of drugs or alcohol at the time your marriage began. The basis for this ground is that if you were intoxicated you would be unable to consent to become married.

Fraud is the next ground that we need to discuss as far as having a marriage declared voidable. If you were forced, threatened or otherwise coerced into getting married then your marriage may be voidable. What sort of circumstances avail themselves most often to fraud? Well, if your spouse coerced you into a marriage with a threat of you losing your residency in the United States that may be grounds for an annulment. If you were blackmailed or otherwise threatened into getting married in order to avoid a painful or embarrassing secret from being let out, that too could form the basis for a fraud allegation.

Impotence is a ground that we have already covered. If either you or your spouse is found to be unable to have sexual intercourse or incapable of fulfilling your role in the reproductive process of having a child then your marriage may be declared as voidable. Keep in mind that if you are the one asking for the annulment you must have left the marital home as soon as you found out about the impotence. If you remained in the home voluntarily then it is likely that a court would not grant your annulment request.

After your divorce, wait thirty days to get married

Houston Family Law Lawyer: The law in Texas is that if you get a divorce you must then wait for thirty days until you can marry again. A motion for a new trial can be filed in a civil case if you file within thirty days of the final judgment in your case.

This means that if you are marrying a person who recently got a divorce you must wait until your spouse-to-be’s ex-spouse has time to file a motion for a new trial if he or she chooses. You need to get your annulment before your first wedding anniversary or you lose the right to pursue an annulment on these grounds.

After you obtain your marriage license, wait three days to get married

Similarly, the law in Texas requires that you and your spouse wait at least 72 hours after you obtain a marriage license to actually get married. The failure to do so could result in a voidable marriage should one of you raise that issue to a court.

Issues to be concerned with when attempting to obtain an annulment

Finally, you need to think about any property/assets that you have with your “spouse” including your home, bank accounts, debts, and vehicles. Mortgages and credit cards could become points of argument when you eventually leave your marital home.

Other than the protections afforded to a putative spouse the Texas Family Code does not cover any property division for those who are seeking an annulment. You will need to work with your partner on how to divide the property up between yourselves. Seeking assistance through a mediator is not a bad idea. Consider the difficulties of removing a person’s name from a title document or refinancing a loan.

Where to begin when considering an annulment? Contact the Law Office of Bryan Fagan

Family Lawyers in Houston: As you can tell, the first step towards pursuing an annulment is to actually see if you qualify. Your circumstances may not be straightforward and you may need to speak to someone with experience in family law to determine if it is even worth your while to pursue an annulment as opposed to a divorce.

If you are interested in speaking with an experienced and seasoned group of attorneys then you need to look no further than those with the Law Office of Bryan Fagan, PLLC. Our attorneys handle a variety of family law cases including divorces. We take pride in representing people in our community just like you. To learn more about your case and about our office please do not hesitate to contact us today. We offer free of charge consultations six days a week where we can answer your questions and address your concerns in a comfortable and pressure-free environment … Continue Reading

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How to navigate an uncontested divorce in Texas

If you have need a best suitable service your Child Law experience, How to navigate an uncontested divorce in Texas with the great process!

Family Law Attorneys Houston: A lot of people have ideas about divorce that are not necessarily true. For instance, did you know that most divorces in Texas never see the inside of a courtroom? Most divorces are settled prior to a trial in either mediation or in informal settlement negotiations between attorneys.

It is without a doubt true, therefore, that your divorce does not have to be one that is full of drama, anger, and bitterness. It is entirely possible that your divorce would be comprised of you and your spouse working together to solve problems and complete your divorce sooner rather than later.

The surest way to have a quick, simple and relatively pain-free divorce experience in Texas is to have an uncontested divorce. Especially if you and your spouse are able to communicate well together, an uncontested divorce is a way for you and your spouse to admit to one another that you do not have any outstanding issues that need to be addressed by a judge or even negotiated further.

Saving time, money and stressful interactions are the most common attributes of this kind of case. In today’s blog post from the Law Office of Bryan Fagan, PLLC we will discuss what an uncontested divorce is and how you can get one.

An uncontested divorce is…

If you and your spouse are in agreement on all issues that will come up in your divorce then you have an uncontested divorce. This means that you do not have to spend any time hemming and hawing over the details of your case. The more issues that exist between you and your spouse the less likely it is that you can have an uncontested divorce. If there is an issue that you all have not decided upon- child support, child visitation, how to divide the equity in your home after a sale, etc.- then you do not have an uncontested divorce.

Uncontested divorces are most common among spouses who do not have children. The reason being is that issues related to children tend to complicate (understandably) divorces and cause them to at least require some negotiation most likely in mediation. You will still need to pay filing fees for a divorce in the county where you reside. However, it is likely that your spouse will sign a waiver of service form instead of having to serve him or her formally with a process server or constable.

Here are some hallmarks for a traditional, uncontested divorce in Texas:

> No children with your spouse who are under the age of 18 > There are no pending litigation/bankruptcy proceedings that could delay your case > There is no property to divide nor any retirement benefits that are on the table > No spousal maintenance at issue

If this sounds like your situation then you may be on track to get an uncontested divorce. If not, then you will likely have to settle for a relatively quick divorce via negotiation with your spouse. That would not be the end of the world by any stretch of the imagination but it would still require some effort and more time than in an uncontested divorce.

How to begin an uncontested divorce in Texas

First and foremost you must have been a resident of the state of Texas for at least 6 months prior to your filing for divorce here. In addition, you must be a resident of the county that you are filing in for at least ninety days prior to filing. If you do not meet these requirements your spouse could potentially argue that the State does not have jurisdiction over your divorce. This isn’t all that likely in an uncontested divorce but since it’s the law I think that it is worth mentioning.

After that, all issues in your case must have already been discussed and settled upon by you and your spouse. This is critical, obviously. Filing for divorce under the assumption that you and your spouse agree on all subjects is not an uncontested divorce. My advice would be to speak to your spouse about the issues of your case long before filing. Once you file your case you all can have tentative agreements on the table regarding the relevant issues.

Do you need to hire an attorney if your divorce is going to be uncontested?

Houston Family Law Lawyers: It may make sense to you on some level that if you and your spouse are not going to contest any of the issues of your case that you do not need to hire a divorce attorney to represent one of you. In my opinion, this would not be the best path for you to take. First of all, there is still the matter of putting your agreements in writing and drafting a Final Decree of Divorce. This can be a relatively straightforward process for those that have experience in writing them, but for someone with no legal experience, it can be quite difficult.

At the conclusion of your divorce, when the sixty-day waiting period has elapsed you will present your decree to a judge in a short hearing called a “prove up”. A judge will review what you have included and make sure it conforms to Texas law. If it does not then you run the risk of having to re-draft the document and come back to court. This will cost you time and money.

Think about how difficult it can be to get a morning off from work. Now imagine securing the morning off only to go to court and find out that you have to come back for a little detail that you left out of your decree. Do you think you can get another day off from work? If you can see this being a problem you are better off hiring an attorney so that you can get it done right the first time around.

Wrapping up your uncontested divorce

In addition to filing the final decree of divorce, there are various other forms that every county in Texas requires that you file. It will vary from county to county so it pays to check with the county or district clerk where you have filed. Again, if you head to court for your prove up hearing without having filed the necessary paperwork ahead of time it is possible that your divorce will not be granted.

Assuming that all of the necessary paperwork has been filed and your decree conforms to Texas law a judge will grant your divorce on the same day you attend court. From that point forward you are divorced. Copies of your divorce decree can be obtained from the clerk’s office usually for a small fee. It makes a ton of sense to keep a copy or two handy at home.

You can use the decree to change your name or update account information if need be. The major thing to keep in mind is that if you need a divorce by a certain date there is a 60 day waiting period that you must abide by. So, waiting until the last minute to file your case or settle issues with your spouse is a bad plan. Uncontested divorces are few and far between because people usually do not plan in advance how to wrap issues up on their own.

An experienced family law attorney can help you achieve whatever goals you have in your uncontested divorce. You can hire an attorney to represent you and to draft a final decree of divorce to match whatever settlement you and your spouse have reached on the various issues of your case.

Questions on uncontested divorces? Contact the Law Office of Bryan Fagan, PLLC

Family Law Lawyer Houston: If you have any questions about uncontested divorces or any other issue in Texas family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations six days a week where we can meet with you to discuss your case and address your questions at no charge to you. Our licensed family law attorneys take a great deal of pride in assisting people in our community just like you … Continue Reading

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What is a Bill of Review and what impact can it have on a Texas family law case?

On the off chance that you have require a best reasonable Texas Divorce Law encounter, What is a Bill of Review and what impact can it have on a Texas family law case? with the immense procedure!

Houston Family Attorney: If you were involved in a civil case in Texas and are not happy with the result, you have options to seek a new trial. The most widely known option is to file a motion for new trial. In the event that you had a default judgment rendered against you this would be the preferred option.

Courts in Texas do not like judgments against people based on their not having participated in the initial case so if filed within thirty days of the signing of the judgment it is likely you would be able to get your new trial and fresh bite at the apple.

An equitable bill of review is a similar post-trial method of attempting to secure a new trial. A bill of review may be filed any time after four months before four years have elapsed since the judgment was signed by the judge.

An exception to this four year requirement exists when and if you are able to prove that fraud caused the prior judgment to be entered. For example, if you are able to show a judge that you were lied to by the opposing party and chose not to show up to a trial based on that lie you may be able to win your bill of review hearing even after four years has elapsed.

What do you need to show in order to win a Bill of Review motion?

There is set standard in Texas law which states what is necessary to win a Bill of Review hearing. However, if we look to what needs to be proved in a Motion for New Trial we will have a pretty good understanding of what a court will be looking for in a Bill of Review petition. They are:

> A meritorious defense to the cause of action alleged, or a meritorious ground for new trial or appeal, or a meritorious claim

> Which the Petitioner was prevented from making by the fraud, accident, or wrongful act of the opposing party, or by official mistake

> Unmixed with the Petitioner’s own fault or negligence. Caldwell v. Barnes, 154 S.W.3d 93, 96 (Tex. 2004)

The standard is pretty cut and dry in one regard: your own fault at not being able to present your claim or defense in the first trial could not have been caused in any way by your own fault or negligence. You must prove that you truly were the victim of some wrongdoing in this regard.

Bill of Reviews are difficult motions to win in a courtroom

Houston Family Law Attorneys: If by reading the elements of proving a successful Bill of Review and my own short interpretation hasn’t been enough to clue you in, you should realize that winning a Bill of Review petition is exceedingly difficult.

For starters, our state’s public policy is to allow final judgments to remain final. If every judgment from every civil court in our state were easily appealable or could be overturned by the mere filing of a motion there would be little stability in our judicial system and in our society at large.

A word (or two) on what an official mistake means

If you go back to the elements that must be proved for your Bill of Review case to be successful, you will note that the second element notes that you could have been prevented from making your meritorious claim or defense “by official mistake”. What exactly is an official mistake?

An official mistake would more than likely be a mistake made by an officer of the court in the performance of their official duties, more often, the clerk of the court.

Alexander v. Hagedorn, 226 S.W.2d at 999 (Tex. 1950). A clerk has a duty to inform parties to a case of any orders related to a case, but not necessarily a status of what is happening. Relying on a clerk to update you about what is happening with an old case you are involved in is not a smart move.

Perhaps the most notable responsibility that a clerk has insofar as your family law case may be concerned is providing you notice of any order or judgment that has been rendered by a court. Your ability to appeal or file a motion for new trial is time sensitive and not being told of any new order by the court’s clerk is an official mistake.

County and District clerks in Texas will send out automatic updates on your case prior to trial. These updates will inform you of any recent documents filed and any instances where the judge has signed an order for final or temporary orders. This is done I would imagine to satisfy the basic requirement to keep parties up to date on any order that may be appealed down the line.

With as many cases as the courts are responsible for in Southeast Texas, it is possible to imagine a scenario where a clerk makes a mistake and a party is harmed as a result. A bill of review would need to stand as the only remedy available in order to pursue one based on the mistake of a court clerk.

Fraud by the opposing party and official mistake stand as the two most likely grounds to file for a bill of review in your Texas family law case. Tomorrow, we will review a situation from the Houston area involving a family lawcase and a bill of review that was filed in response to a judgment made in that case.

Additional questions on Bill of Reviews? Contact the Law Office of Bryan Fagan, PLLC

Divorce Houston: If you are in a position where you believe that a Bill of Review needs to be filed on your behalf please contact the Law Office of Bryan Fagan, PLLC.

Our office has experience in these matters and would be honored to walk you through the process in greater detail than we can explain in a blog post. Consultations are free of charge and are available six days a week … Continue Reading

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A Houston area example of a Bill of Review's impact on a Family Law case

On the off chance that you have require a best reasonable Texas Divorce Law encounter, A Houston area example of a Bill of Review’s impact on a Family Law case with the immense procedure!

Family Lawyers Houston: Yesterday’s blog post dealt with the issue of what a Bill of Review is and how it can be used in a family law case in the event that you had a negative judgment against you that was not due to any wrongdoing or negligence on your part.

This is a topic that requires a little background information to know what is going on, in my opinion, so I would recommend that you go back and read yesterday’s post before moving on to today’s.

With that said, while a Bill of Review may be a foreign term to many of you, in reality it is a legal mechanism that allows you to tell your story to a judge when you had been denied that opportunity previously. Today we will look at an actual story involving people from the Houston area and how their lives were impacted by the filing of a Bill of Review.

Grant v. Grant- Two Marriages and Two Divorces

Let’s meet our cast of characters before we discuss the exciting world of the Bill of Review. The Grants were a married couple that were actually married and divorced two times. Their first marriage occurred in 1994 and the Wife filed for divorce in 2010. As many people do during a divorce, the Grants continued to live together during the divorce case.

Here is where our case gets a little interested. As it happened, the Husband was convicted of a federal crime during the divorce case (unrelated to the divorce) and was sentenced to serve three years in prison. With this in mind, both Husband and Wife wanted to get their divorce case completed before Husband was shipped off to federal prison.

A trial notice was sent to Husband by certified mail (who was under house arrest at the time and was not represented by an attorney) but he did not show up for the trial date.

Ultimately, as it happens when one party doesn’t appear for a trial, the judgment was much more favorable to the Wife and the Husband was none too pleased when he found out. After this, Husband began to serve his prison term as scheduled.

The Grants remarry and our story continues

Approximately one year after their divorce, with Husband still serving time in prison, the Grants decided it would be a terrific idea to remarry one another. After this marriage Wife ended up selling some of the property that she was awarded in the first divorce.

To that point, Husband would still contend that the property was rightfully his separate property and he lost out on it only because he claims to never have received notice of the first divorce trial date.

As luck would have it, our parties divorced again in 2015. The parties had their second Final Decree of Divorce entered by the court, at which point the Husband filed a Bill of Review in regard to the first Decree that awarded the Wife property that he asserted was rightfully his separate property.

The Grants’ Bill of Review Hearing

Family Lawyer in Houston: Husband argued that he was put in a position to lose the property to his now ex-Wife due to his never having received notice of the first trial date.

Wife argued that he did have notice (as provided in the certified letter sent to him by Wife’s attorney) and that he could have gotten permission to leave the house as he was under house-arrest at the time. Husband argued further that Wife did not mention the trial date to him one time, this despite their continuing to live in the same home together throughout the divorce. Husband’s arguments fell on deaf ears and the court sided with Wife.

Husband was not to be denied (again) and appealed the decision of the trial court. The Court of Appeals out of Houston required that Husband prove that the judgment was rendered as a result of fraud committed against him. Husband was prepared for this requirement and argued that:

> Wife had misled him by never mentioning the trial date to him, again despite living in the residence together

> Wife had provided the court their home address for sending him correspondence when in actuality the prison address would have been more appropriate as far as providing a last known address. This was important as the judgment was sent to an address where he was not living and caused him to not respond in time to file a motion for new trial

The court did not buy the second argument being made by Husband. They asserted that Husband did not prove that Wife had purposely misled the court as to his actual address.

This left the Husband to need to prove extrinsic fraud in order to win his Bill of Review petition. Extrinsic fraud is necessary to prove when the Bill of Review is not filed within four years of the judgment being signed. Again, the court did not find that fraud was at issue here and as a result Husband left court twice divorced and property-less in regard to the property that was awarded to Wife in their first divorce.

The Law Office of Bryan Fagan, PLLC- Advocates for Southeast Texas families

Houston Family Law Lawyer: This story involved people that live in our area and went through quite a journey through our legal system here.

While their circumstances are certainly unique – the standards applied to them are the same that will apply to you and your family in a southeast Texas divorce. Having experienced and assertive representation can reduce the occurrence of mistakes and mishaps with your own divorce or child custody case.

The Law Office of Bryan Fagan, PLLC prides itself on representing individuals and families throughout southeast Texas. If you have questions about a particular issue in family law please do not hesitate to contact our office today. A free of charge consultation is only a phone call away, where your questions can be answered by one of our licensed family law attorneys … Continue Reading

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How a mortgage is handled in a Texas Divorce

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Divorce Attorneys Houston: Beyond being a mentally and emotionally strain on your life, a divorce can also turn your finances into a mess if you are not careful. The assets and property that you have worked your entire adult life to accumulate- your home, your vehicle, your investments- are all potentially divisible in your divorce case. This means that your spouse may be entitled to receive money in exchange for you keeping these items. In the case of your home, it may be decided that your spouse should remain in the home while you are forced to seek shelter elsewhere.

An obvious concern, then, would be what will happen to your home mortgage once your divorce is finalized. Clients of the Law Office of Bryan Fagan, PLLC will commonly ask questions about this subject so I wanted to write a blog post on this subject. If you and your spouse are able to negotiate a settlement, rather than proceed to a contested trial, then the conclusion of your divorce can be less costly and far less havoc-filled for both you and your spouse from a financial perspective.

Selling your home vs. One spouse paying future mortgage payments

The reality of the situation is that with a home, there really is not a lot that can be done with it. You and your spouse can either choose to sell the home or to have one of you remain in the home and begin to make payments on the mortgage without the other having any responsibility to do so. In my opinion, and is often the opinion of judges, the cleanest and best option is typically to sell the home as a part of the divorce decree. This means that you and your spouse will agree to hire a realtor, put the home on the market and then have the home sold within the parameters set forth in your Final Decree of Divorce. Selling the home and then dividing up the equity can assist both you and your spouse in getting back on your feet financially after a divorce concludes. As your family dynamic has now been changed, there is good reason to believe that neither you nor your spouse will want to remain in that home much longer.

From an emotional standpoint selling your home as a result of a divorce can be extremely difficult for some people. You may be thinking to yourself that your home is where your children lived their entire lives and that all their memories are associated with sleeping in their room in that specific house. You may also look to your home as a safe harbor- something familiar that you can take solace in during this extremely difficult time in your family’s lives. Indeed, deciding to sell a house can be much more difficult than deciding to sell a vehicle or other piece of property.

If this is similar to your line of thinking, I will caution you to consider that a home is made up of four walls and a roof. While you and your family may have made great memories in that home it is, at the end of the day, a place whose primary purpose was extremely practical- to house you and your family. There are other places to live that may suit you and your family better now that a divorce is on the horizon. I frequently counsel clients to think one, five or even ten years into the future when deciding what should be done with the family home. From my experience the odds are good that your unwillingness to consider selling the home comes from an emotional attachment rather than a rational analysis. There is nothing abnormal about that but if you can set aside your emotions and consider the long term future of your family selling the house is often the best option in a divorce.

What if my spouse or I want to remain in the home?

If after much careful thought you and your spouse determine that one of you should remain in the home, then it is necessary to consider whether either of you will qualify for a refinance of the mortgage based only on your income and not the combined incomes of you and your spouse. It would behoove whichever of you will remain in the home to contact a lender to see if you can pre-qualify for a refinance of your current mortgage. If you receive word back that a refinance is possible then working with the lender to begin the process in conjunction with the terms of your divorce settlement is essential to beginning this process correctly. Whatever share of the home’s equity that you are entitled to out of the divorce will come from the proceeds from the refinance as well.

The mechanics of one spouse remaining in the home and the other leaving is straightforward. Let’s assume for a moment that you have decided that you will leave the home and your spouse will remain in the home and assume the payments on a refinanced mortgage. From your perspective, you do not want the liability of having to make payments on a home if your spouse fails to do so. A Deed of Trust to Secure Assumption will be signed by your spouse stating that future payments on the home will be assumed by him or her. This absolves you of future liability of any kind.

On the other hand, your spouse will want some assure that legally you can stake no claim on the residence after the divorce. To help secure this peace of mind for your spouse, you will sign and execute a Special Warranty Deed. This sort of deed transfers your interest in the home to your spouse. Your spouse will have all the rights to the property, but your name would remain on the mortgage. A Special Warranty Deed will allow your spouse to secure the refinance that you desire and that he or she needs to take over payments independent of your income contributions.

Additional questions on Mortgages and Divorce? Contact the Law Office of Bryan Fagan

Divorce Attorney in Houston: Your home is one of the most significant assets that you will ever own and handling it and your home mortgage is an essential part of many divorces. To learn more about this process please contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys is available six days a week to answer your questions in a free of charge consultation … Continue Reading

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Common mistakes in Texas divorces and how to avoid them

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Houston Family Attorney: Throughout the course of a divorce there are many, many decisions that people make that can affect their family and their case. If you are considering a divorce then understanding the common mistakes that other people have made in their divorces and then seeking to avoid those mistakes can be the difference between your having peace of mind about the process and suffering from anxiety.

Careful planning and having an experienced and knowledgeable divorce attorney to represent you and your interests are at the top of any list that is intended to help potential parties to divorce. You do not have control over the judge, your soon to be ex spouse or the opposing attorney. What you do have control over is yourself and your actions. With that in mind the following is a list of those mistakes that I believe are preventable in your own divorce.

Keep all documents and property intact throughout your divorce

When I first entered law school, stories and urban legends of students hiding reference books around exam time were told as a warning to students to watch your back and look out for yourself around that time of the year. Now, I never experienced that degree of “gamesmanship” but it speaks to a win at all costs mentality that can take over in people when the stakes are high enough.

That little aside from my own life speaks to an issue that I have seen occur in more cases than I care to remember: tampering with and/or destroying evidence in the time preceding or during a divorce case. Now, your divorce lawyer will not expect you to know this on your own and what is and what is not relevant to your divorce is not something that is well known for most parties to divorce cases. However, I am here to tell you that if you think something may be relevant to your or your spouse’s case then it is best to leave that item alone for the time being.

You can make your attorney aware of what it is what your thoughts are about it and then rely on their expertise. The last thing you want to do is to throw something in the garbage only to have your spouse ask for it in a discovery request. Temporary Orders or Standing Orders are set up in divorce cases early on in the process to keep parties from doing exactly this. If you find yourself in a situation where you are unsure if something can be disposed of contact your attorney before taking any action.

A less common concern for most people in a divorce is the status of property that you own. If your name appears on a the deed to a parcel of land and you attempt to sell that property or deed the property to another person then your spouse and then the court will certainly ask you to explain your actions.

The judge will intend for you to maintain the status quo when it comes to all property during the divorce. Attempting to side-step these legal mandates will leave you in a position where you will be on the hook for paying significant fines to the other side in attorney’s fees, not to mention the marring of your case from a the perspective of the judge.

Stay away from the bank: No new debts during the divorce

Houston Family Law Attorneys: Part of any standing order or temporary order is the barring of you or your spouse taking out loans or racking up big credit card bills during the divorce. It doesn’t matter if the credit card or the loan is in your name only and does not take into account your spouse.

The reason being is that technically any debt you incur during the course of your marriage is considered to be part of the community estate. This means that you and your spouse own that debt together regardless of who actually took out the loan or used the credit card.

A judge will typically review the sorts of debts that are outstanding and then apply their own analysis of which party deserves to take on the responsibility of paying that particular item. Much like my previous piece of advice surrounding property issues, it is best to not make any rash decisions or to change the quantity of your debts at this stage in the game.

This goes for reducing or paying off debt as well. If you are in the midst of paying off debt my advice would be to tap the breaks on that plan while your Texas divorce is ongoing. The reason is two fold. First, there is no reason to take on that responsibility during the divorce when the judge will likely order you and your spouse to split the debt pretty much 50/50.

If you pay down the debt yourself you are taking on a heftier burden that is likely needed. Secondly- the money you are paying the debt down with is likely income that belongs to the community and not your separate estate. If any of that money goes towards paying debt that could be construed as your separate debts then you may have to answer to the judge when the issues of wasting community property arises.

Have more questions on the what to avoid in a Texas divorce? Contact the Law Office of Bryan Fagan, PLLC

Divorce Houston: There are probably a million pieces of advice an attorney could provide you with in the context of what not to do in a divorce. However, I wanted to share these two pieces with you today as I’ve found them to be incredibly relevant for most people going through a divorce in Texas.

If you have questions on these topics of any other in Texas family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. A free of charge consultation is only a phone call away where one of our licensed family law attorneys can sit with you and answer any questions you may have about divorce, child custody or any other topic related to your family … Continue Reading

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Common mistakes in Texas divorces and how to avoid them

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Common mistakes in Texas divorces and how to avoid them

Houston Family Attorney: Throughout the course of a divorce there are many, many decisions that people make that can affect their family and their case. If you are considering a divorce then understanding the common mistakes that other people have made in their divorces and then seeking to avoid those mistakes can be the difference between your having peace of mind about the process and suffering from anxiety.

Careful planning and having an experienced and knowledgeable divorce attorney to represent you and your interests are at the top of any list that is intended to help potential parties to divorce. You do not have control over the judge, your soon to be ex spouse or the opposing attorney. What you do have control over is yourself and your actions. With that in mind the following is a list of those mistakes that I believe are preventable in your own divorce.

Keep all documents and property intact throughout your divorce

When I first entered law school, stories and urban legends of students hiding reference books around exam time were told as a warning to students to watch your back and look out for yourself around that time of the year. Now, I never experienced that degree of “gamesmanship” but it speaks to a win at all costs mentality that can take over in people when the stakes are high enough.

That little aside from my own life speaks to an issue that I have seen occur in more cases than I care to remember: tampering with and/or destroying evidence in the time preceding or during a divorce case. Now, your divorce lawyer will not expect you to know this on your own and what is and what is not relevant to your divorce is not something that is well known for most parties to divorce cases. However, I am here to tell you that if you think something may be relevant to your or your spouse’s case then it is best to leave that item alone for the time being.

You can make your attorney aware of what it is what your thoughts are about it and then rely on their expertise. The last thing you want to do is to throw something in the garbage only to have your spouse ask for it in a discovery request. Temporary Orders or Standing Orders are set up in divorce cases early on in the process to keep parties from doing exactly this. If you find yourself in a situation where you are unsure if something can be disposed of contact your attorney before taking any action.

A less common concern for most people in a divorce is the status of property that you own. If your name appears on a the deed to a parcel of land and you attempt to sell that property or deed the property to another person then your spouse and then the court will certainly ask you to explain your actions.

The judge will intend for you to maintain the status quo when it comes to all property during the divorce. Attempting to side-step these legal mandates will leave you in a position where you will be on the hook for paying significant fines to the other side in attorney’s fees, not to mention the marring of your case from a the perspective of the judge.

Stay away from the bank: No new debts during the divorce

Houston Family Law Attorneys: Part of any standing order or temporary order is the barring of you or your spouse taking out loans or racking up big credit card bills during the divorce. It doesn’t matter if the credit card or the loan is in your name only and does not take into account your spouse.

The reason being is that technically any debt you incur during the course of your marriage is considered to be part of the community estate. This means that you and your spouse own that debt together regardless of who actually took out the loan or used the credit card.

A judge will typically review the sorts of debts that are outstanding and then apply their own analysis of which party deserves to take on the responsibility of paying that particular item. Much like my previous piece of advice surrounding property issues, it is best to not make any rash decisions or to change the quantity of your debts at this stage in the game.

This goes for reducing or paying off debt as well. If you are in the midst of paying off debt my advice would be to tap the breaks on that plan while your Texas divorce is ongoing. The reason is two fold. First, there is no reason to take on that responsibility during the divorce when the judge will likely order you and your spouse to split the debt pretty much 50/50.

If you pay down the debt yourself you are taking on a heftier burden that is likely needed. Secondly- the money you are paying the debt down with is likely income that belongs to the community and not your separate estate. If any of that money goes towards paying debt that could be construed as your separate debts then you may have to answer to the judge when the issues of wasting community property arises.

Have more questions on the what to avoid in a Texas divorce? Contact the Law Office of Bryan Fagan, PLLC

Divorce Houston: There are probably a million pieces of advice an attorney could provide you with in the context of what not to do in a divorce. However, I wanted to share these two pieces with you today as I’ve found them to be incredibly relevant for most people going through a divorce in Texas.

If you have questions on these topics of any other in Texas family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. A free of charge consultation is only a phone call away where one of our licensed family law attorneys can sit with you and answer any questions you may have about divorce, child custody or any other topic related to your family … Continue Reading

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Non-Marital Conjugal Cohabitation Agreements for the Unmarried Couple in Texas

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Houston Family Law Lawyers: Over the past 6 months, I have met with several potential clients who decided to make some major financial decisions with their boyfriend or girlfriend and unfortunately the relationship did not work out.

In one case I met with a lady who she and her boyfriend had purchased a house and had a child together. Both were named on the deed. In that case, the boyfriend was refusing to help support the child or contribute to any bills related to the house. He was very happy letting his girlfriend support him while he sat at home playing video games. The woman I met with wanted out and wanted to get some orders regarding the child.

In another case a woman again purchased a house with her boyfriend, however, in that case, she was not listed on the deed but had contributed a large amount of money to the house. In this case, he kicked her out of the house and told her not to come back and that she would not see a penny of the money she had paid to the purchase of the house.

In both cases, I hoped that there would be enough evidence to support a claim of common law marriage. If there was a common-law marriage that would be the easiest way to untangle the couple from each other financially and otherwise. Unfortunately, aside from them having lived together, there was no other evidence. Both women were adamant in that they had never intended to be married and had never held out to anyone that they were married.

This was disappointing because it meant that things would be more complicated and expensive if we were going to be able to help. Her situation is one the reasons divorce exists. However, divorce is not available to unmarried couples.

In the first scenario, we would be able to help get orders in place in regards to the child. The woman was also protected because she was on the deed however we would have to bring a separate lawsuit in regards to that property. In the second scenario, the woman might be out of luck all together we would have to dig in deeper to see what we could do.

What rights do unmarried couples have?

Both women wanted to know doesn’t living together provide them with any sort of rights or protection? In short, the answer is no.

This is especially true with respect to property acquired during a relationship. Marital property laws and other family laws were designed to protect married couples and do not apply to unmarried couples. This is true no matter how long the relationship was.

Palimony is not a legal concept. Rather, it is a popular term used to describe the division of property or periodic support payments paid to one partner in an unmarried couple by the other after the couple breaks up.

The Texas Family Code does not provide for “palimony.” This means you cannot gain rights under the Texas Family Code because you lived with someone absent a valid marriage.

Can an unmarried couple establish rights as a couple?

However, it is possible to draft an agreement which might provide for some of the things that could be obtained with a valid marriage.

The Texas Family Code Section 1.08 states that:

“A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.”

The Texas Business Code, allows parties to enter agreements in consideration of "nonmarital conjugal cohabitation”. To be enforceable, these contracts or agreements must be:

> in writing and > signed by those who are affected by the agreement.

The Texas Legislature specifically stated that this provision was enacted to curb the number of palimony cases entering the family courts.

Oral agreements will likely not be upheld. At least one court has held that an oral agreement is not enforceable, Zaremba v. Cilburn.

Why a Cohabitation Agreement Maybe a Good Idea

Family Law Attorneys Houston: As illustrated in the two examples I gave above when you are living with someone else and are NOT planning to be married sometimes lines blur and the couple starts making financial decisions as if they were married.

Then if the relationship does not work out the couple is left with questions regarding who is responsible for any joint debts and who owns the assets. If not careful someone might be significantly hurt financially.

The problem is partly because the characterization of property acquired by unmarried cohabitants is less clear than that of married couples. Married couple’s ownership of property is governed by marital and community property laws.

Under community property laws it does not matter whose name is on the property in most cases it is still owned by both parties in the marital relationship. This is not true for an unmarried couple.

One solution is a written cohabitation agreement that is signed and meets all the formalities of a regular contract. A cohabitation agreement allows an unmarried couple to legally spell out their rights and obligations toward each other.

Cohabitation agreements can be useful when:

> one of the parties dies > if the cohabitants decide to end their relationship > in governing the affairs of the couple while living together

Generally, a cohabitation can be used to:

> State the couple is not married and should not be considered married > How expenses are to be paid > Who is responsible for what during the living arrangement? > Who pays the lease or the mortgage? > Will the couple share any financial accounts such as a joint checking account? > Identifies assets and debts, and who owns them > What property is separate property or jointly owned? > how the property will be distributed, should the couple split up > Support Payments

What about Medical Decisions and Estate Planning?

Couples also sometimes have concerns regarding estate planning and medical care. Generally, someone who lives with another is not considered an heir under the law and they do not have any rights to make medical decisions the way a legal spouse would.

If this is a concern, then you may want to consider in addition to a cohabitation agreement obtaining:

> estate planning and > power of attorneys

Defenses to Cohabitation Agreements

Family Lawyers in Houston: The defenses to cohabitation agreements are those available under general contract law rather than the limited defenses available against premarital and postmarital agreements under the Family Code.

Common law defenses include:

> fraud, > repudiation, > duress, > mistake, > unconscionability and > ratification.

If you are considering moving in together with your Paramore or loved one, then you should think seriously about entering into a cohabitation agreement to protect yourself and eliminate uncertainty regarding your rights and duties to each other. A cohabitation can also provide a measure of security in the event the relationship terminates … Continue Reading

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How to Tell Your Spouse You Want a Texas Divorce

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Houston Family Law Lawyer: If You are ready to take the next step and move on with your life without your spouse, one of the challenges ahead is how to tell your spouse you want a divorce. Having “the I want a divorce conversation” can be awkward.

For many people, it is not an easy conversation, but it is an important step in your journey ahead. Some people choose to break the news before and others after they have talked to a Houston divorce lawyer. Many people are unsure of:

> what they say or > how they should say it

I have represented people who were the ones who had to break the news and others who felt like the divorce bomb came out of nowhere. People told me “things had been bad for a while but over Christmas he seemed like a changed person I really thought things were turning around then…”

In either scenario, there is often pain. Is there a best way to tell your spouse that you want a divorce?

5 Tips for Telling Your Spouse That You Want a Divorce

> Have a Conversation > There is a time for everything > Keep your Children out of It > Choose your words & Avoid Fighting > Consider including your Spouse in Decisions

Have a Conversation

As a Houston divorce lawyer, I have worked with clients who have felt like the divorce came out of nowhere. No one looks forward to having an awkward conversation that could result in an argument or cause pain.

However, sometimes difficult conversations are necessary. There are exceptions if you believe that telling your spouse could result in danger to yourself or your children. In such a case, you and your attorney can work out how to let your spouse know.

Generally, it is a bad idea in most cases to handle this by:

> Walking out the door and never going back > Breaking the news by getting your spouse served > Sending a Text message, email, or letter

That does not mean you do not prepare for the divorce and protect yourself prior to having the conversation. “You can read more on divorce preparation in our blog article 6 things You Need to Know Before You File for Divorce in Texas.”

You may think you are doing your spouse a favor by distancing yourself from the relationship. However, from the conversations I have had most of my clients did not see it that way. If you have made your decision that you want a divorce, tell your spouse.

There is a time for everything

Family Lawyer in Houston: Do not rush telling your spouse you want a divorce. It is a good idea to set aside some to break the news. DO NOT:

> Tell your spouse in front of the children > When you are rushing out the door to work > When there is a bunch of people around

Divorce may have been on your mind for months or years. This may be a surprise to your spouse and they will need time react and process your news. If the conversation is shortened because your spouse leaves that is fine. You just need to be ready to give your spouse a conversation if that’s what is needed.

Keep your Children Out of It

You should avoid having the divorce conversation around your children. Your children may be an important reason for the divorce. This however, does not mean you need to make them a part of the conversation.

This true even if your kids are adults. They might no longer technically be children that does not mean you stop being a parent. You do not have to bring them into the awkwardness of your divorce conversation or make them feel like they must choose sides.

Choose your Words & Avoid Fighting

People have told me they are not sure what they should say to their spouse to let them know. For some it has helped:

> To have talking points > Some people Try to get straight others by leading up the point by > saying how you have noticed that we’ve been drifting apart. You may want to practice your conversation in advance

There is a good chance you will not have a perfect breakup which you sometimes see in the movies. Even if you think your spouse will take it well there is no guarantee.

You should consider your spouse’s point of view with what you are about to say. How, would you feel or want to be told. Even though you are telling your spouse you want a divorce does not mean the conversation must turn into a fight.

Your spouse may want to discuss the situation, or argue about your conclusion and want to reconsider. You should:

> Listen > Remain calm, even if your spouse wants to fight > Do not blame your spouse > Do not say purposely hurtful things to your spouse > Do not try and push your spouse’s buttons > Take responsibility > Do not bring up or flaunt any new relationships you have > Be honest do not lead your spouse on that there is hope if there is no hope > Be prepared to call a time out if you need one

Let your spouse know you plan to be fair during the divorce process. This conversation may set the tone for the entire divorce. If you say things that scare or upset your spouse you should not be surprised if the divorce escalates and becomes messy.

Consider including your Spouse in Decisions

Family Lawyers Houston: It may not be possible to include your spouse in any of the decisions regarding the divorce. However, in the cases I have handled where it has gone the most smoothly the lines of communication remained open and the spouses could talk about how they were going to:

> Pay bills > divide property > divide debts > Handle visitation > Make decisions regarding the child > Support

Once you’ve told your spouse you want a divorce, call your Houston divorce lawyer so they can proceed with the divorce process. Your lawyer can also help you determine the if you should move out of your marital home, work out child custody arrangements, and discuss any questions you have regarding property division … Continue Reading

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What sets a Texas Family Law case apart from other civil cases?

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Divorce Lawyer Houston: For those of you who are not experienced with legal cases you may be wondering what sets family law cases apart from other areas of law.

Having worked with clients across Southeast Texas in courts from Chambers County to Waller County and all points in between, the attorneys with the Law Office of Bryan Fagan, PLLC would like to share their perspective on this question.

One piece of advice I will always give to a potential client is that family law cases are not like contract disputes, or personal injury cases or bankruptcies.

The fact that the subject matter is based on facts and events that you would ordinarily only share with your best friend or your pastor makes the family courts extremely unique. Let’s go over some hallmarks of family law cases and how they cause this area of the law to differ from almost any other.

The Pleadings

In most civil cases (i.e. non criminal cases) a party must be very specific in their initial filings with the court in order to maintain a case.

The injury or harm that the person has suffered must be laid out in plain terms for the judge to see. Family law is different. The initial pleading in a divorce case- the Original Petition for Divorce- is a very general document that spells out the names of children, but lacks much specificity otherwise.

The Final Decree of Divorce is the concluding document to any divorce case. This document is extremely specific in nature and takes into consideration the finer points that the Original Petition lacks.

A specific visitation schedule for parents, terms of child support payments and the division of the marital estate are detailed to a great extent.

In depth analysis of family life

Family law cases allow a court to have a front row seat to the inner-most workings of your family life. If it alleged that you are a drug user, you can rest assured that the court is going to order you to take a drug test (or two) during your case.

This is usually done in divorces where the parties are also parents. Even after these drug tests are complete a court may order you to be drug tested after the divorce is finalized.

Each county in Texas works with local drug rehabilitation and testing facilities that will administer the tests and report the results back to the judge.

If the custody of your child is at issue, a Court may very well order that a social study be done of your home. A social study is performed by a licensed therapist and/or family counselor who will observe you and your interactions with your children as well as that of your spouse.

This is done in order so that a recommendation may be made as to where the children should spend more time and which parent is better equipped to care for the child.

Although the judge will listen to his or her own judgment and not base their decision entirely on the social study, the evaluation is important and does weigh heavily on the judge.

Division of property into separate vs. community

Houston Divorce: Many people, even those who have not gone through a divorce, understand that Texas is a community property state.

This means that most property accumulated by spouses during the course of their marriage is presumed to be community property and must be split between the parties- either by agreement or by order of the judge.

Property that was owned by either party prior to the marriage as well as certain property accumulated during the marriage like an inheritance is considered the separate property of either the husband or the wife.

If it comes down to it, either party may hire expert witnesses to testify to whether or not a particular piece of property is separate or community property, and to which spouse the property belongs.

The value of particular property is crucial to know and expert witnesses can be retained to discuss this subject with the judge as well. These witnesses are part accountant and part detective and can be critical pieces of the puzzle for a client and their attorney.

Your Child

The most important part of any family law case is the child. Divorces with no children tend to wrap up long before divorces with children because people are more likely to fight over kids than they are money.

Family law cases need to determine which parent will have the child during the school week, which parent will have weekend visitation with the child (not to mention how frequently), and which parent will pay child support (and in what amount). This is just the tip of the iceberg on the subject.

A judge must not only evaluate the object facts in a family law case but must take it upon themselves to make a determination as to what is in the child’s best interests. That is about as vague and general a standard to make an evaluation by as can be in my opinion.

Nevertheless, judges in family law cases in Texas make determinations all the time using this criteria. Understanding ahead of time that a Court makes rulings based not only on what is in black and white but also what their perceptions and biases lead them towards is incredibly helpful to a potential family law litigant.

Family Law attorneys serving our client’s interests: The Law Office of Bryan Fagan, PLLC

Houston Family Lawyers: While family law cases are heard before judges at the same courthouse as any other civil case in Texas, it is worth noting that family cases have characteristics that set them apart from these other areas of law.

In order to be best prepared for any court appearance hiring the right attorney is essential. Fortunately, the family law attorneys with the Law Office of Bryan Fagan, PLLC have worked with attorneys and in courts across the Houston metropolitan area.

In order to learn more about our office and the services we provide please contact us today in order to set up a free of charge consultation … Continue Reading

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The Importance of an Inventory and Appraisement in a Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in The Importance of an Inventory and Appraisement in a Texas Divorce

Houston Family Law Attorney: One of the ways that people can be divided up is based on whether or not they are “big picture” or “details” people.

Big picture people tend to focus more heavily on the results of a situation rather than the means by which they achieve those results. Details people want to painstakingly review ever step in the process to make sure nothing goes missed or an item is overlooked. It would be nice to have some characteristics of both these types of people but for most of us this isn’t how we’re wired.

In a divorce case, the details are extremely important. Your life is going to change because of divorce no matter how the change actually occurs and to what extent it does. It’s the “how” the change occurs that I would like to focus on in this blog post.

Just about every person who goes through a divorce understands that their financial world is about to be reviewed closely both by a Court and their soon to be ex-spouse. How you organize your finances, the debts you have as well as your income are crucial components to settling any issues that have arisen in your marriage.

An Inventory and Appraisement is a tool that helps both parties to a divorce understand each side’s best interpretation of the current financial status of both parties. If you are going through a divorce or contemplating a future divorce this blog post should be informative and useful in learning more about this aspect of a divorce case.

What you don’t know can hurt you when it comes to finances in a Texas Divorce

Most potential clients walk through the doors of the Law Office of Bryan Fagan, PLLC and bluntly state that they want a quick, inexpensive and easy divorce. It is certainly possible to achieve these goals but the devil is often in the details.

If you and your spouse have “drifted” apart over the years, either physically or emotionally, you may not be aware of their current financial state. Have they taken out a loan or two you were unaware of? How are their credit card statements looking?

Are they working as much as they say they are? Knowing the answer to these questions is crucial to your being able to complete your divorce in a relatively short amount of time while protecting yourself and your financial future.

Courts across the state and specifically in southeast Texas require the completion and filing of a document known as an Inventory and Appraisal at least prior to a Final Orders hearing.

This document will be completed by both spouses and includes a listing of all of their individual assets and liabilities. Each party will also assess values against each asset and each debt and give their position on whether a piece of property is part of either the community or separate estates.

The inventory and appraisement contains an affidavit-type verification that the party who completes the document has done so truthfully and to the best of their knowledge. Obviously, this does not keep someone from being less than truthful, but if it is determined by a court that they knowingly shielded assets or debts from their spouse there could be potential consequences from the Court.

From my experience, it isn’t so much that people are trying to be dishonest when they do not list an item in their inventory and appraisement. It’s more likely that they simply forget something and disregard it.

The bottom line is that it is much better to forget about a big debt at the beginning of the case because the parties have plenty of time to have their memories refreshed.

Forgetting something at the end of a divorce may mean the failure to include it in their final orders and the need to go back after a divorce is finalized to have that items taken into consideration and dealt with appropriately.

How an Inventory and Appraisement assists in the Discovery process

Divorce Lawyers in Houston: This is helpful not only in preparation for a temporary orders hearing, but also in figuring out whether or not your spouse is being truthful about their understanding of their own financial status.

For example, if you review your spouse’s inventory and appraisal and you see that he or she is severely underestimating the nature of their credit card debt or seem to be hiding a potential money-making asset, you and your attorney can seek further information by serving them with discovery.

Discovery seeks to determine more in-depth information regarding a range of subjects. For our purposes, discovery would be done to ascertain the documents and information that your spouse is basing the information contained in their inventory and appraisement on.

How a Court uses an Inventory and Appraisement

Once the Inventory and Appraisement has been completed and signed it will be served on the opposing party and filed with the Court.

The document becomes the filing party’s position on the financial status of the spouses and cannot be contradicted during a hearing or trial. Obviously then it is important to make sure the document is as up to date and correct as possible.

The Court will use the Inventory and Appraisement to determine how the debts and assets are divided in the most equitable fashion that is possible. The earning potential of both spouses, their personal debt to income ratios as well as how any debts were incurred will be weighed by the Court.

Again, the importance of the Inventory and Appraisement in this process cannot be understated. The judge will not ask you during a hearing if you would like to change something in the document.

The Law Office of Bryan Fagan, PLLC: Experience you can trust

Family Lawyer Houston: In representing clients across Southeast Texas, the divorce attorneys with the Law Office of Bryan Fagan, PLLC have developed the experience and expertise that you need in a Texas divorce. In order to learn more about our firm please do contact us today to schedule a free of charge consultation. Meetings can be had six days a week with an attorney where your particular situation can be discussed and questions can be answered … Continue Reading

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Where in the world did I file this case? Jurisdiction in Child Custody Cases

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Divorce Lawyers Houston: The set of laws that sets the standard in the United States for determining what state has jurisdiction over a child custody matter is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

When a court has jurisdiction over a case that means that the court can then create or alter orders that affect a child. This set of laws was adopted by all fifty states except Massachusetts.

In Texas, the UCCJEA has been made a part of the Texas Family Code and can be found in Chapter 152.

The part of the UCCJEA that covers jurisdiction helps a court to determine whether or not they are able to make decisions in regard to initial custody disputes, modification of prior court orders as well as when a court may decline to exercise its jurisdiction over a situation.

Making an Initial Custody Decision

When the parties to a child custody case have never before been to a Court of any kind, the court that their initial case is filed in needs to determine if they have jurisdiction over the child.

When a child is a resident of that county and have been continuously so for longer than one hundred and eighty days the decision is made for them. However, in our world where people are able to be more mobile than ever before, a court’s determination is not always so easy.

Section 152.201 of the Texas Family Code states the circumstances in which a Texas court has jurisdiction to make an initial custody determination. As previously stated, the easiest way to establish jurisdiction is to have the child’s home state be Texas and to have the case filed in the county where he or she has resided for at least one hundred and eighty days.

If there are no other states that has jurisdiction over the child then Texas may be able to be determined to be the home state for purposes of jurisdiction if either the child’s home state declines to exercise its jurisdiction due to Texas being a better and more convenient forum for the case to be held.

A cautionary tale from a former client of the Law Office of Bryan Fagan, PLLC

Family Attorney Houston: A former client of the Law Office of Bryan Fagan, PLLC learned this lesson the hard way. This gentleman hired our office to represent him when his ex-wife and her husband moved to Texas from their home state of Ohio and in very quick succession filed a child custody modification suit in Harris County.

Our client was served with the paperwork in Ohio and was dumbfounded to learn that his children had been moved to Texas. How this gentleman reacted to this series of events should act as a lesson of what not to do for anyone reading this blog post.

Instead of hiring an attorney, filing an answer, and participating in the suit, our client merely sent a letter to the court in Harris County notifying them of the timeline of events that had occurred and calling into question whether or not Harris County had jurisdiction over the case at all.

While the spirit of what he did was correct, he did not file an Answer as is required of him after having been served with the Modification suit. In failing to file an answer he chose not to attend the conference where the judge in Harris County called the judge in the county where our client’s children formerly resided in Ohio.

The Ohio court chose not to exercise jurisdiction even though it was determined that it could have done so. The case remained in Harris County as a result.

Had our client chosen to participate in the process he could have had his attorney object to this and stood a much better chance of having the case removed from Harris County and heard in Ohio. Instead, he flat out refused to do anything- he simply relied on his own concept of right and wrong and believed what the court in Harris County was doing to be without merit.

Regardless, the court in Texas did have proper jurisdiction and issued a modified order without our client being present for any proceeding. By time he hired our office to attempt to address this issue it was too late.

Our child custody lawyers did the best they could to reason with the court but the order remained and jurisdiction was solidified in Texas, along with the changes that were not in our client’s favor.

Emergency Situations that may provide jurisdiction for Texas courts

If a child is physically in Texas and has been abandoned by a parent here, a court in Texas will have temporary emergency jurisdiction in order to create orders that are intended to protect the best interests of the child in question.

This is also the case when the child has been the victim of abuse or mistreatment of some kind. In the event that no other state has issued any child custody orders the emergency order can actually become a final order as well.

In every situation a court in Texas must contact the an out of state court as we saw in the anecdote involving one of our former clients. This is done so as to ascertain which jurisdiction it was proper to have the case filed in.

The Law Office of Bryan Fagan, PLLC- Strong Advocates for Texas Families

Divorce Attorneys in Houston: The bottom line is that if no other state has issued orders on a child and if Texas is the most convenient location to have a jurisdiction on the custody matter, then a custody case will most likely be held in Texas.

If you have questions on this area of the law and how it can affect your family, please contact the Law Office of Bryan Fagan, PLLC to set up a free of charge consultation with one of our family law attorneys. Don’t allow yourself to make a mistake that may result in your losing time with your child. A call to the Law Office of Bryan Fagan can help you decide how to best proceed to protect your rights as a parent … Continue Reading

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Getting divorced in Texas when you cannot locate your spouse

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Getting divorced in Texas when you cannot locate your spouse

Houston Divorce Attorneys: In some marriages, the problem is that the husband and wife cannot get out of each other’s hair. In other marriages, the issue is the exact opposite- one spouse has left the marital home and cannot be located.

It can be difficult to try and figure out what to do when you realize that a divorce is necessary for yourself and your family. If you find yourself in a situation like this, the attorneys with the Law Office of Bryan Fagan, PLLC are here to help.

Your spouse cannot be found-now what?

An option to divorce your spouse who has gone missing can be achieved by serving him or her with notice by publication. By this I mean that rather than serving your spouse with notice personally using a process server or law enforcement officer, a less direct means will be utilized. A judge must first approve of service by publication rather than by personal service.

In order to have a judge grant your request to have the service by publication attempted you must submit a sworn statement (statement under oath) that you have made every effort to locate your spouse. The court will typically appoint an attorney to attempt to locate the missing spouse and is charged with reporting back to the court on whether or not he or she has been successful.

Another method is to attempt service by certified mail. Unfortunately, you will only get credit for this service attempt if your spouse signs on the receipt card and returns it to you. This is another extremely unlikely method of service given that the spouse him or herself must sign for the divorce paperwork.

How does Texas define a good faith effort to locate your missing spouse?

The courts in Texas have attempted to define what effort is sufficient to show an attempt at finding your missing spouse and serving them with the divorce papers personally. Some straightforward examples of this include:

> Determining whether or not the missing spouse still lives at their most recent address. > You can also check with the post office to see if a forwarding address had been provided in the event that your spouse has moved even on a temporary basis. > Doing some research the old fashioned way, by contacting other family members of your spouse to see if they have any idea of where he or she is currently residing. > Verifying that your spouse is not serving time in prison or serving in the military

After your searching attempts are complete

Divorce Attorneys Houston: Once you believe that you’ve exhausted all resources available to you in locating your missing spouse you can then file a document with the court known as an Affidavit of Diligent Search. You will need to include each step and each method you utilized to locate your missing spouse and the relevant dates on which you attempted each one.

The document will ultimately be signed by you and notarized once complete so it is taken as if you were giving testimony to a judge under oath.

It is once you attempt to locate your spouse using the above methods, draft and file the Affidavit of Diligent Search and appear in court in front of a judge to explain your position that a Notice of the divorce by Publication will be permitted.

Once this is complete there is still more paperwork to fill out. Either you or your divorce attorney will need to complete an affidavit certifying that to the best of your knowledge what the most recent address of the missing spouse is.

An affidavit called the Service Member’s Affidavit must be completed as well. This is due to the fact that if your spouse is an active duty member of the United States Armed Forces then a judgment cannot be taken against them without their having answered a Petition for up to two years after their having been discharged from active duty.

Finally, a Final Decree of Divorce will need to be drafted and submitted to the court detailing the proposed division of the martial estate as well as a breakdown of the conservatorship, possession, access and visitation rights as to the children, if there are any.

Once this is all completed, and notice has been published in the newspaper a process server that you hire must complete a Return of Citation. This document certifies to the court that the notice appeared in a newspaper or other publication of record and the dates on which it was posted. It is only after these steps are accomplished that the missing spouse can be considered to have been served.

Completing a divorce after successful Service by Publication

After waiting the required thirty days after successful service by publication to see if your missing spouse will actually file an Answer to your divorce petition, you may contact the court and set your case for a hearing in front of the judge.

It is at this point that your case may proceed as a default judgment. The judge will review your proposed Final Decree of Divorce and make sure it meets the basic requirements of the law in Texas. If the document is insufficient in some way then the judge will likely ask that you return at a later date after the mistakes have been corrected.

All in all, a divorce in which service by publication is necessary can last anywhere between four and six months.

The Law Office of Bryan Fagan, PLLC: Southeast Texas family law attorneys

Divorce Attorney in Houston: In case you weren’t able to pick up on the tone of this blog post I will conclude by saying that a divorce by publication is not something to be taken on without first exhausting every resource to locate your missing spouse and have service accomplished personally.

Even if your spouse is successfully served by publication he or she has two years to file a motion for new trial in the event that that they come into knowledge of the divorce by some means after it has been finalized. This is compared to the normal thirty days available to other litigants to file a motion for new trial … Continue Reading

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Examining the Rights and Duties of Texas Parents

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Examining the Rights and Duties of Texas Parents

Houston Family Attorney: If you are getting a divorce and also have a child then contained within your Final Decree of Divorce will be parenting plan. This parenting plan discusses and will contain the road-map for parenting your child until he or she reaches 18 and/or graduates from high school. All of the important considerations to make in regard to the child’s life and your role in it are contained therein.

What are those three important considerations that make up a parenting plan?

When we discuss a parenting plan we are really talking about the following:

> Conservatorship > Possession and Access > Child Support

These three component pieces make up the entirety of your relationship with your child whether you are a divorced parent or not. Even parents who are not divorced still basically parent along these same lines. The only difference is that their parenting plan is not laid out in a long legal document and signed off on by a judge.

If you are like most people who are considering whether or not to file for a divorce or child custody order in Texas then you probably are concerned about how much time you will be allowed to have with your child once the order is put in place. You’ve talked about “50/50” custody splits with friends and family to see if that is something they think is practical or even possible to do. Whether you’ve been the most active parent in the neighborhood or the parent who could’ve managed to spend a few more evenings at home, the concerns are mostly all the same once the decision is made to file a case with a family law court.

Conservatorship = Rights and Duties

As a parent myself, I would not disagree with the sentiment that spending time with your child is critical and just downright fun. Seeing your child smile unlocks something in your heart that unless you’re a parent you couldn’t understand. With that said, your rights and duties associated with your child are just as important if not more important. What exactly do I mean by that, though?

You and your spouse or you and your child’s other parent are conservators of your child. That means that you have a duty to support the child as well as rights under the law in relation to your child. Among those rights are the right to determine where your child lives, which doctors and medical treatment he or she receives, the school he or she attends and the duty to support the child. There are many more that are listed in the Texas Family Code but these are among the most important in my opinion.

If you are no longer married to your child’s other parent or were never married to begin with then under a court order you may share your rights and duties as parents. An independent right to the child in any regard allows you to make decisions without first consulting with the other parent. A jointly held right means that both you and the other parent must agree on a particular course of action prior to it being undertaken. Last, either you or the other parent can exclusively hold a right which means that only you or the other parent by yourselves hold that particular ability to make a decision for your child. Let’s examine these concepts a little further in the section below.

Independent Rights as a Conservator

Houston Family Law Attorneys: If you and your spouse agree to allow each of you to have the independent right to do something for your child then it is likely that you all have a decent relationship with one another. I can make this assumption because making independent decisions requires a certain level of communication and trust which is not always in place when a divorce occurs. An example of an independent right would be allowing both you and your spouse to speak to counselors or teachers without the other parent present and to make changes to the child’s educational outlook on your own decision alone.

Jointly held Rights as a Conservator

Jointly held rights mean that you cannot change something without consulting with and gaining the permission of the other parent. In keeping with our education based example from the previous paragraph, if you want to enroll your child in after school tutoring or in a gifted and talented course you must first have the other parent agree to this change. If you don’t and go through with the change unilaterally it is possible for you to wind up in court with a contempt of court charge staring you in the face. The only risk you run is that the other parent may motion the court to have exclusive rights in the area where you violated the court’s order. It could be a lose-lose situation for you.

Jointly held rights basically will force you and your former spouse to co-parent effectively. If your intention was to divorce your spouse and never relate to them again, well, that won’t really be an option if you have a child. The state of Texas wants to encourage parents to work together to parent their child even if you all are divorced. In the event that it is determined by a judge that you and your former spouse are completely incapable of jointly holding a right then it becomes more likely that one of you will be awarded that right exclusively.

Part two of the Law Office of Bryan Fagan, PLLC’s discussion on Conservatorship coming tomorrow

Divorce Houston: Please stay tuned for our second and final post on the subject of conservatorship that will be posted tomorrow. As always if you have questions on this subject or any other in the field of family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorney would be honored to meet with you to answer your questions and discuss your particular situation in a free of charge consultation … Continue Reading

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What can be done if CPS has taken possession of your child in Texas?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What can be done if CPS has taken possession of your child in Texas?

Family Lawyers Houston: Under the Texas Family Code, Child Protective Services (CPS) is provided a great deal of authority to investigate allegations of abuse or neglect against your child and ultimately to remove him or her from your home if it is believed that such an action is warranted.

CPS has set up hotlines that are monitored twenty four hours a day and seven days a week for people to report these allegations in a confidential manner. Certain people- doctors, lawyers, teachers and police officers among them- are obligated by law to report instances of abuse or neglect that are discovered. If a report involves your child then a CPS office in your area is contacted and an investigation will begin.

Once the CPS investigation begins what is your role as a parent?

As soon as aCPS case worker receives an assignment from their supervisor he or she will most likely contact you and attempt to set up a time to interview you and anyone else deemed relevant or a person with knowledge of the alleged act of neglect or abuse.

Most people will naturally believe that it is in their best interests to immediately cooperate with CPS and to speak openly to the case worker. This is, however, typically not the case. Every statement you make will be utilized to remove the child from your home if the case worker believes there is evidence to substantiate the allegations of abuse or neglect. At this stage in the process it is in your best interest to hire an attorney with experience defending against CPS investigations.

After speaking to CPS, a removal of your child from your home will occur if the investigator gathers information from these interviews that adds credence and legitimacy to the allegations initially made to the agency. The first option that CPS has is to place your child with a family member of yours or your spouse. In order to gain an order granting them conservatorship over your child CPS will create an affidavit stating the circumstances of your case and present the information to a judge. The judge will review the allegations and the information collected and then decide whether or not to issue an order that allows CPS to remove your child from your home.

At this stage, your child will be removed and placed with the family member or with a foster family. In a mere fourteen days a hearing will be held that will allow you and CPS to present evidence as to whether or not abuse or neglect has occurred. Unless you are able to prove outright that no abuse or neglect has happened to your child, additional hearings called “permanency hearings” will occur and your child will remain in CPS custody for an extended period of time.

Does my child need to be present at a CPS hearing?

Family Lawyer in Houston: If the Department of Family and Protective Services (DFPS) has been awarded conservatorship over your child then you will become aware that there will be a number of permanency hearings that take place in a courtroom. These hearings will update the judge on the status of the case- what you have been able to do to take steps to see that your child return to your home and what the State has been working on to keep the child from abuse or neglect.

The Texas Family Code requires that your child be present at any hearing such as these. What else is required of courts under the law in Texas? Let’s discuss that question further in this blog post.

If your child is over the age of four and the judge determines that it is in the best interest of your child, then he or she must listen to and weigh the opinion of your child as to where to permanently place your child. Of course, the questions a judge asks or the manner in which he or she asks your child will depend a great deal on their age.

With that said, the State of Texas, despite the requirement previously stated that you child attend any permanency hearing, does not strictly enforce this law. One of the reasons why the law is not followed precisely in all situations is because there are often exceptions to the rule that are applicable.

For one, judges have the ability to make determinations on a case by case basis as to whether or not the child needs to attend a specific hearing. In the CPS cases that I have handled on behalf of the Law Office of Bryan Fagan, PLLC, I cannot recall a single instance where the child was present at any permanency hearing.

What is achieved by having your child at a permanency hearing?

The most important aspect to your child being a part of a hearing is that his or her wishes and desires regarding their future home will be made known to the judge. Depending upon their age, the perspective of a child could potentially be crucial in allowing a judge to make a well informed and reasoned decision.

When your child is in the custody of DFPS the majority of updates he or she will receive about their case are from case workers and other employees of the State. Because turnover within individual State offices and in the department in general are so high your child’s best bet to learn about the situation and how it is being handled is probably to attend the hearings themselves.

Questions about a CPS case involving your child? Contact the Law Office of Bryan Fagan, PLLC

Houston Family Law Lawyer: The attorneys with the Law Office of Bryan Fagan, PLLC have represented clients with CPS cases in counties across southeast Texas. When there is a risk of your child being removed from your care there is no time to waste. Our attorneys are available six days a week to meet with you to answer questions and discuss your case. Please do not hesitate to contact us today … Continue Reading

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Answering common child custody questions for Texas parents

If you have need a best suitable service your Child Law experience, Answering common child custody questions for Texas parents with the great process!

Family Law Attorney Houston: In recent months I have had a handful of people come into the Law Office of Bryan Fagan, PLLC with questions about how set in stone their Divorce Decree is. The real issue that these folks face is one that may be facing you as well: they have an order in place that is many years old and since then their circumstances have changed. Does your court require you to live under that agreement until your child turns eighteen or graduates from high school?

The answer is, no. Texas courts provide opportunities to people like you to amend or modify their prior court orders but some detail must be given before we move on. First of all, you cannot just file a modification case without justification for having done so. Meaning: you must be able to show a judge that there has been a significant change in circumstances (Either for you, your ex-spouse or your child) that justifies the modification that you are requesting. This could be a change in regard to your child’s needs, your ex-spouse’s income may have increased leading to a need for their child support obligation to increase or a move may necessitate new child custody orders.

Overall, whenever you are asking a court to do something in regard to your child it must be shown that doing so is in your child’s best interests. I mention this not to say that you would be doing anything that goes against your child’s best interests but since it is an important part of every child custody case I felt like it needed to be mentioned. The best interests of the child standard is not specifically laid out as far as factors that a judge must consider. Instead, he or she are able to utilize their own experiences and judgment when deciding what is in the best interests of your child.

Visitation issues in relation to your divorce case

Houston Divorce Attorney: One characteristic that I find many parents beginning a divorce case possess is an all or nothing mentality. By this I mean that these well meaning and concerned parents will walk into our office to speak to one of our attorneys with a mission in mind. That mission is to win “full custody”. Time and time again I hear this phrase used. What I have found people to mean when they use this phrase is that he or she wants the vast majority of their child’s time to be spent with him or her, to the exclusion of their soon to be ex-spouse. Whether or not their spouse deserves to not receive any time with their child is no concern of theirs.

Having absolutist thoughts like this about your divorce is understandable, especially at the outset of your case when emotions are still raw. However, as you begin your journey through your divorce case you should quickly come to the realization that there is not much at all about your divorce that is either completely good or bad, or a decision that goes completely for you or against you.

With that said, why don’t we consider the topic of what happens if you are not named as the of your child who has the right to determine the primary residence of your son or daughter. What will be made available to you by the judge as far as visitation with your child. Are you basically giving up your rights to your child and leaving him or her to fend for themselves without your love or guidance?

Thankfully, you will find that the answer to that question is, “No.” A Standard Possession Order in Texas tells you that as the parent with visitation rights you would be entitled to at least every other weekend visitation with your child beginning at 6:00 p.m. on Friday and ending at 6:00 on Sunday. One weeknight per week during the school year you have the ability to pick your child up and have dinner with him or her as well. This is not to mention holiday visitation and extended visitation periods in the summer. You are even provided alternatives if you have to reside more than 100 miles from your child. Finally, if you and your spouse are able to settle on terms for visitation purposes you can basically implement any visitation structure that you can agree on.

My point is this: if you can avoid absolute thinking that leads to thoughts like: “If I don’t win primary custody I will never be happy.” While we all want as much time as possible with our children, it is possible for you to lead a happy and fulfilling life as a parent of your child even with visitation rights as opposed to primary custody. What’s more- consider that you can always attempt to modify the visitation orders should circumstances warrant them in the future.

Can my ex-spouse deny me visitation with my child?

Houston Family Lawyer: Under most circumstances the answer to this question is no. For example, if your ex-spouse has not paid you the court ordered amount of child support for the past two months you cannot withhold your child from him or her as a means to encourage speedier payments. Your divorce decree will likely state this specifically.

However, as a parent you should use your best judgment to determine if your child is not safe with your ex-spouse and may be justified in your refusal to allow the visitation session to occur. Think about if your child were to tell you that his other parent hit him or left him alone for an extended period of time the last time that he went to their house. This should give you pause before you allow your child to go to their house. Don’t expect your ex-spouse to take that denial lying down. You may have to attend a hearing on the matter if your ex-spouse hires an attorney to take you to court for denial of visitation. However, if you are able to present evidence that can substantiate the fears that you had regarding your child’s safety then you may not be punished by the judge.

Joint Custody explained

Divorce Lawyer Houston: The default setting for parents in Texas who are going through a divorce is to become Joint Managing Conservators of their child after the divorce concludes. This is what is sometimes called “joint parenting”. Let’s discuss some of highlights of what a joint managing conservator-ship means in relation to your child.

Keep in mind that the rights and duties that you have in relation to your child are just as important (if not more-so) than the time that you are ordered to have with him or her. Being able to make decisions on behalf of your child is what parenting is all about in my opinion. I’m talking about educational, medical, religious training and other important issues. Depending on the results of your settlement or trial, you may be given some rights to make decisions for your child independent of your ex-spouse. Other decisions may have to be shared, therefore causing you both to have to come together to make decisions that are in your child’s best interests.

If you and your ex-spouse cannot agree how to make a decision in a particular area you are likely given alternative methods to utilize such as speaking to a counselor, physician or therapist to utilize as a “tie breaker” when you and your ex-spouse differ on a particular issue.

As far as time with your child is concerned, we have already discussed that a joint managing conservator-ship means that you and your ex-spouse will share time with your child. Ultimately the parent who is named as the primary conservator of your child will be allotted more time, but the parent with visitation rights is not left out in the cold, either. What’s more- if you and your spouse come to an agreement in mediation on how to divide up time with your child you can essentially be as flexible as you both can agree to be in terms of splitting up time between the two of you.

More on joint custody in tomorrow’s blog post

Houston Divorce: Stay tuned tomorrow as we will post more information on joint custody in Texas. In the meantime if you have any questions about today’s topics please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations with a licensed family law attorney six days a week … Continue Reading

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Joint Custody and Child Support in your Texas divorce

If you have need a best suitable service your Child Law experience, Joint Custody and Child Support in your Texas divorce with the great process!

Houston Family Lawyers: When we use the term “joint custody” what do we mean, exactly? Custody as a word does not appear in the Texas Family Code even once. It is a term that we use to combine all aspects of parenting after a divorce- visitation, possession, access, and conservatorship. In yesterday’s blog post we discussed the concept of joint legal custody which has to do with the rights and duties that you as a parent possess towards your child. At the outset of today’s blog post from the Law Office of Bryan Fagan, PLLC I would like to talk about the other side of joint custody- physical custody of your child.

Sharing physical custody of your child is referred to as possession in the Family Code as well as in your Final Decree of Divorce. In theory, what joint physical custody allows for is the ability of both you and your ex-spouse to be able to continue to grow in your relationships with your child. Having the ability to physically interact with your child is different than being able to make decisions on your child’s behalf alone. While these rights are important, it is almost like being a stock trader if you only have legal custody of your child. The physical aspects of your relationship are what many parents crave coming out of a divorce. This is likely because parents, yourself included most likely, have legitimate fears about being able to see their child as much as they would like as a result of the divorce.

Stability and consistency in your ability to parent your child is important as your post divorce life begins. Having regular time to spend with your child means that you are there for him to her to ask questions of and to get direction on the issues that affect him or her on a daily basis. I have heard parents talk about how they fear their child will be losing him or her as a parent after the divorce and that he or she would do anything to maintain their place in their child’s life. This, I believe, is that joint physical custody offers parents such as yourself.

Potential negatives of joint physical custody

Houston Family Law Attorney: As with everything in life, there are positives and negatives to point out in regard to joint physical custody. For starters, the whole concept of shared physical custody of your child hinges on your and your ex-spouse’s ability to co-parent with one another. This is a phrase that appears often in our modern day language regarding divorce and child custody. Co-parenting is really nothing more than the tenants of joint physical and legal custody combined into one word.

Ideally, you and your ex-spouse are able to work together to make decisions in real time that can positively impact your child. If this sounds familiar it should- it sounds a lot like marriage itself. The downside to consider is obvious: you and that other person spent months trying to rid the other from your life. Now you are expected to bury the hatchet and work with each other on the subject that is the most important to each of you? Sounds like a recipe for bad blood and arguments.

Consider also your child. If your case were to proceed to a judge it is likely that he or would order standard visitation times for the parent who is not awarded the right to designate the primary residence of your child. This is done in part because it is thought that an every other weekend visitation schedule with the non-primary parent will negatively affect your child the least. Children thrive on consistency and stability, and a possession schedule that causes your child to have short stays at each parent’s house is unlikely to go over well for some children.

Finally, on a practical level after a divorce you and your spouse will need to develop your own, individual lives. This means that you will need to rent your own apartment or make house payments on a single income. Costs will increase, temporarily at least, while your income goes down. This is a recipe for financial troubles that can persist long after your divorce concludes if you are not careful. Money troubles may have caused your divorce and those money troubles will not go away just because the divorce has finalized. Inputting your child into the middle of this can be a potential problem as well.

How do courts setchild support in Texas?

Divorce Lawyers in Houston: If children are half of the divorce equation, and money is the other half then child support is the one subject that encapsulates both halves. The State of Texas has guidelines which provide child support percentages to be assessed against an obligor parent’s net monthly income. Income means (basically) any money earned as a result of work performed- wages, tips, salaries, commission, bonuses, etc. One child before the court means that twenty percent of your net monthly income is to go towards child support. Two is 25% and so on until you have can have at most fifty percent of your net monthly income utilized for child support purposes.

The goal of these child support formulas is to attempt to come close to what percentage of your income as an obligor parent would go towards the direct support of your child. Of course if your child were to need a pair of shoes for their basketball season or a new calculator for school you probably would not bat an eye to pay for these items as well. However, child support is intended as a bare minimum for you to pay for the support of your child on a monthly basis. If your child has special needs that require medical attention on a regular basis your child support obligation will likely be higher than the guideline levels we discussed earlier.

In what circumstances could below guidelines levels of child support be ordered?

Family Lawyer Houston: The most frequently seen example that I can relate to you involve if you have other children who you are responsible for but are not presently before the court, as far as reasons why a less than guideline level of child support could be ordered for you to pay. For example, if you have a child from a previous marriage that you pay child support for, a “credit” will be issued in your current child support calculation meaning that you would only be obligated to pay 17.5% of your net monthly income rather than 20%.

Consider also an example that many parents run into indivorce negotiations. If you and your spouse are able to agree to true 50/50 custody- meaning that you and your spouse share equally in physical custody of your child then there is more reason to agree on a very low level of child support to be paid- or none at all. If you and your spouse earn similar incomes that is another factor that could lead to there not being any child support obligation inputted into your divorce decree.

Keep in mind that if you are the parent who has visitation rights to your child he or she will have extended periods of possession with you in the summer. You will still be obligated to pay child support to your ex-spouse during these periods. There is nothing in the family code that allows for parents to avoid payments for the times that their child is in their possession, other than if the primary conservator makes it known that he or she is allowing an unofficial change to occur in who determines the primary residence of the child.

Child Support Enforcements and College costs- tomorrow’s blog post topics

Divorce Lawyers Houston: If today’s subject matter was of interest to you then we hope that you will return to read about more subject matter related to child support. In the meantime if you have questions regarding these subjects or any other in Texas family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations with one of our licensed family law attorneys six da … Continue Reading