Taking your divorce case to trial is gambling with your future. You never have enough time to fully explain your circumstances and that of your family and finances to a Judge, let alone how much of your story they will truly understand. A better option is to stay out of court and choose a divorce process where you have more control, Collaborative Divorce. Going to Court Is a Gamble Walking … [Read more...]
Can A Child Choose Who To Live With?
Child custody and visitation, referred to in Texas as conservatorship and possession, are almost always sensitive subjects. Children may feel tossed about and as though they have no voice if their parents are arguing over their custody. According to the Texas Family Code, at age 12, a child is mature enough to express to the Judge their preference concerning which parent will have primary … [Read more...]
The Impact of Illegal Drugs or Alcohol on a Divorce
Divorces often bring to light an underlying problem with alcohol or illegal drugs for one or the other spouse. Whether or not it is the main reason for the split, the issue impacts divorce in many ways, particularly in the areas of child custody, visitation and property division. Impact on Child Custody and Visitation A parent’s illegal drug use or alcohol addiction will impact child custody … [Read more...]
Why Would Someone Want to Avoid Going to Court in a Divorce Case?
Some people who are divorcing believe going to court will solve their problems. They expect to “win” and have all their expectations met. They hope for a Solomon-esq moment when the court does the “right” thing and gives them justice. This is not a realistic expectation. Generally, after a court battle, both parties feel like losers. There are many reasons why going to court is not worth the … [Read more...]
Preparing for Court
Many people are confused about what it means to go to court. Some think it is an informal legal process where a discussion takes place, a decision is made, and the divorce is final. In fact, there may be several court hearings throughout the case in an attempt to resolve the issues. Whether it is the first court hearing to get temporary court orders, or a hearing where the Judge … [Read more...]
How to Communicate with Your Attorney During the Divorce
It is critical that an attorney and their client have good communication during the divorce process. What clients tell their attorney is confidential so clients can be open and honest without fear of the attorney revealing their secrets. Honesty and No Surprises Critical to the communication process is complete honesty by the client. An attorney cannot properly represent a client who is … [Read more...]
How Does the Court Decide Who Gets to Make Decisions Regarding the Children?
The most important decision for parents going through a divorce is what happens to the children. Parents often will be appointed joint managing conservators, which means they will share in the decision about where the children live, where they go to school, how they spend their time during school holidays, and jointly agree to invasive medical or dental procedures. Less frequently, courts may … [Read more...]
Will Smoking Pot Have An Impact On My Divorce?
The short answer is yes. In the state of Texas, marijuana is still an illegal drug. That means the law handles it the same as any other illegal substance. Pot being illegal isn’t the only reason using it will impact your divorce. As more states join the movement of legalizing marijuana, it may leave you wondering if smoking pot will have an impact on your divorce. If you’re headed for divorce or … [Read more...]
Consent in adoption proceedings
Some parents may not be able to provide for their children the way they would have dreamed of, and, in order to ensure their children get the very best they possibly can, they make the difficult decision to put their children up for adoption. Last time on the Dallas Family Law Blog, readers were given a brief overview of who can adopt a child. But it is equally important to know who … [Read more...]