A no-fault divorce refers to the Texas Family Code grounds for divorce. In a no-fault divorce, a court can grant the dissolution of a marriage without blaming either party for the failure of the marriage. No-fault divorce acknowledges that the marriage is insupportable (i.e. irretrievably broken down) and that there is no chance of reconciliation. The importance of no-fault divorce is … [Read more...]
What Is a Standard Possession Schedule?
In Texas, when parents divorce, one parent is commonly the one who provides the children with their primary residence. The other parent has a possession schedule. This schedule defines the time that the children will be with the parent who is not the one providing the primary residence. Amicable parents can agree on their own possession schedule for the court to approve. Many parents follow the … [Read more...]
Over 50 and Considering Divorce? What Texans Need to Know
Couples over 50 who are divorcing generally have different issues than younger couples. For the most part, they are couples who have been married for many years. Perhaps they have been waiting for the children to become adults and leave home. Now that that has happened, they are ready to go forward with their divorce plans. Issues Specific to Older Couples Some issues that are specific to … [Read more...]
How Fast Can Someone Get a Divorce in Texas?
According to Texas law, you must wait a minimum of 60 days after the divorce petition is filed before the divorce can be finalized. The likely purpose of the waiting period is to give the parties time to reflect and see if there is any possibility of reconciliation. A problem that arises is that sometimes, the parties think something magical happens on Day 61 and that the divorce is … [Read more...]
Two Approaches To Divorce In Texas
In most cases, a divorce in Texas actually consists of two family law issues that are consolidated into a single case. Assuming that there are children and property, the first and most important issue that’s addressed involves the best interests of the children of the parties to the divorce. Don’t Delay After Service In nearly all cases, the petitioner must serve the respondent with a … [Read more...]
Ways to establish paternity in Texas
The most basic aspects of the law can sometimes be the most complicated and confusing. Such is the case with the establishment of paternity in Texas. It is important to establish paternity for a multitude of reasons, not the least of which the best interests of the child, and the parents knowing who the biological father is. It is also important for providing support to the child … [Read more...]
Residency restriction issues can affect Texas parents
When two parents in Texas split up, it raises a whole host of legal issues surrounding the care of their child. Naturally both parents want to maintain a nurturing relationship with their child, and to that end, in child custody cases, Texas courts aim to see that a child is given the opportunity to spend frequent and regular time with both of his or her parents. This means that sometimes the … [Read more...]
Rights of a parent with regard to child custody in Texas
Many people in Texas are parents. While the parents are together, co-parenting and raising a child can be a little simpler. However, when parents divorce or split up, the parenting dynamics change drastically. The children obviously cannot be in two places at one time. In many situations, the children will end up splitting time between both parents' abodes. The parents will also still have to make … [Read more...]
Can I adopt my stepchild in Texas?
One of the main reasons families decide to adopt a child in Texas is because it gives them the opportunity to complete their family and give a child a loving, nurturing environment for them to grow up in. One type of adoption is a stepparent adoption, in which the spouse of a parent requests the adoption court for legal parental rights of the children of their spouse. The only … [Read more...]
How can paternity be established in Texas?
There are certain legal rights and obligations that arise from having children that married couples in Texas take for granted, the most common being the existence of father’s rights over his child. However, it is not the same for unmarried couples -- fathers have to establish their paternity in Texas. Father’s rights can be established by either signing the Acknowledgment of Paternity (AOP) or by … [Read more...]