A divorce that involves a child who has special needs requires careful calculation of child support. The divorce decree and child support provisions should provide for future needs as much as possible. What Texas law says The Texas Family Code states that if a child has a disability then child support can be ordered for an indefinite period. That means that it can go on beyond age 18 if … [Read more...] about Child Support for a Child With Special Needs
Texas divorce law
Did you know that if you got a divorce that some provisions of your will or trust may be ignored? It is true. Texas Estates Code Section 123.001 provides that the provisions related to your former spouse inheriting or acting as a fiduciary are treated as if your former spouse predeceased you (unless your will provides otherwise). This also applies to relatives of your former spouse. What this … [Read more...] about Newly Divorced? It is Time to Review and Update your Will!
It is normal to be concerned about appearing in court. Whether your case is family law, business, probate or other type case, the way you look and act while you are in court is important, even for just a short procedural hearing.R-E-S-P-E-C-T Signs of respect or disrespect for the court 1. A neat, clean physical appearance = GOOD (tuck your shirt in when possible, especially for guys) 2. … [Read more...] about Tips to Help you Make a Good Courtroom Appearance
Can you really ever prepare for a divorce? Although people handle divorce differently, you can do some advance preparation from a legal point of view. It is harder to prepare emotionally, even if you are the one who desires the divorce, and even you know that it is the only option. Counseling can help prepare you for the emotional ups and downs that follow. Legally, there are some things … [Read more...] about Can you Really “Prepare” for a Divorce?
A final divorce decree will have provisions in the court order which relate to division of property and debts. When one of the parties does not follow through in obeying the court order, the other “innocent” party may choose to file a motion with the court. This is called a “Motion for Enforcement” and is a request for the court to hear the case and enter new orders to enforce those particular … [Read more...] about “Motion to Enforce” a Texas Court Order About Property
Although a final divorce decree is supposed to “split” the property once and for all that is not always the case. There are a variety of reasons why a couple may find themselves dealing with property issues months or years after the final decree has been signed. Here are some of the most common: Retirement assets (401K, private and governmental retirement benefits and … [Read more...] about Dealing With Financial Issues Long After the Divorce is Final?
It is easy to focus on just one piece of the puzzle, such as who will get the house or who will have to pay a particular bill. Don’t do this. It is important to look at the entire picture. It may be better to let your spouse have the house if you really will not be able to afford to stay there. Even if you want to keep the house for the sake of your children, you don’t want them to feel the … [Read more...] about Pitfalls to Avoid When Splitting Assets in a Divorce
When a divorce or other lawsuit is filed, there is a process of citation issued for the party who is being sued. Usually, this legal citation is personally served on the person who is the respondent in the lawsuit. (If the respondent is a company, the citation will be served on the registered agent, director or owner of the company or some else legally authorized to accept the service). This … [Read more...] about Filing Suit Against Someone Whose Whereabouts Are Unknown