Category: Family Law

Once you make the choice to move forward with divorce, you will then need to decide how to prepare for what your financial future will look like. You naturally want to make sure that you have what you need for your financial security. You also want to protect what is rightfully yours, which includes an inheritance you received from a family member. 

Learning that you are the recipient of an inheritance can be exciting, but you also understand the importance of making sure that you protect that money. Your divorce will represent significant financial changes in your life, and you may fear what that could mean for the inherited assets. It can be helpful to learn more about property division in divorce and how you can pursue the future you deserve.

Is it separate property?

One of the most important distinctions when deciding what will happen to a specific asset during divorce is understanding whether it is marital property or separate property. Marital property includes anything that you or your spouse earned or accumulated while married. Most of the time, this even includes things that one of you bought with your own money. It also includes things like retirement savings, digital assets and more. It can be a monumental task to determine what counts as marital property. 

As you can imagine, property division is often one of the most contentious parts of a divorce. The good news for you is that an inheritance given to just one spouse is usually separate property – this means that it is likely that your spouse will have no legal grounds to claim part of your inherited money in your divorce. You may have to prove that you had no intention of sharing these assets with the other party.

Comingling of assets

There may be a time, however, when inherited property could be subject to division in a divorce. This may happen when one spouse used his or her inherited property in a way that makes it difficult to distinguish whose is what. Comingling assets can make the process of protecting your inheritance very difficult.

Fighting for what’s yours

The property division process can be quite complicated and emotionally charged. You will find it beneficial to discuss your concerns with an experienced Texas family law attorney and discover what assets you may be able to keep and what you can do to fight for a fair final divorce order.

Parenting is not for the fainthearted, as most parents can attest. Especially if you have kids in different age groups, they can really put your patience and parenting skills to the test. Of course, you love your children and always want what’s best for them. That’s just the trouble. You and your spouse might not always agree on such issues. If you’re already having marriage problems, parenting disputes might wind up being the straw that breaks the camel’s back.

Many divorced couples cite parenting disagreements as causal factors that led to their break-ups. Some concerns are far more serious than others. For instance, it might not be that big of a deal if your ex lets your kids stay up later than you typically do at home. It’s definitely a serious issue, however, if you believe your ex is an unfit parent who is endangering their health and development.

Issues that constitute unfit parenting in Texas

The judge overseeing your custody proceedings is not likely interested in why you no longer wish to be married to your spouse; that is, unless those reasons have something to do with your children’s safety and well-being. The court always has children’s best interests in mind when making custody decisions. 

If your spouse has been abusive to your children, it is definitely something a family law judge will want to know. Convincing the court that your ex is unfit takes more than mere verbal accusations. You must be able to show evidence that what you say is true. In addition to abuse, if your ex is addicted to alcohol or drugs, such issues may also constitute unfitness for custody.

An absentee parent might not be fit either

If your spouse has no desire to play an active role in your children’s lives, the court will want to know about that. A judge may also deem a parent who is in jail or never shows up on scheduled visitation dates to see his or her children an unfit parent.

While most judges believe children fare best in divorce when they maintain active, healthy relationships with both parents, such an arrangement is not always in a particular child’s best interests. If you believe your ex’s presence is a detriment to your children’s safety or overall well-being, you may be able to get sole custody, as long as you can prove your allegations.

Under Texas law, the rights of mothers and fathers are equal which is important to note. Fathers may sometimes feel during the divorce, child custody and child support process that their rights are threatened which is why they should understand that their rights are viewed as equal according to family laws in the state and should also know how to protect those rights.

Fathers going through a divorce or child custody or child support dispute are likely concerned about protecting their interests which includes access to their children. All child custody determinations and other family law decisions are made based on what is in the best interests of the child and that is helpful to keep in mind. Life can change dramatically for everyone following a divorce so it is also useful for fathers to be familiar with what they may be able to expect related to child custody and child support.

When parents are facing a divorce, it may mean changes for a stay-at-home parent, either a mother or a father, and both parents may be required to seek employment and childcare which may not be the same concerns they had prior to the divorce. The divorce process helps families through these difficult divorce-related challenges by addressing support issues and standard of living concerns as much as possible. Regardless of the situation, child custody may be one of the primary concerns on the lists of both parents.

Fathers may have concerns if they were not the primary caretaker of the child that they will not be able to successfully pursue joint custody of their children and remain involved in their lives to the degree they want to be after the divorce. In addition, they may be concerned that they cannot afford child support. In both situations it is important to be involved in the lives of their children and be able to demonstrate their involvement. Fathers’ rights can be a challenging, yet overwhelmingly important, issue during divorce which is why trained guidance throughout the process may also be beneficial.

Paternity is important to determine for a variety of reasons, including because of the emotional and financial impact it has on the child and the parents. It is key to determine paternity because it has a significant impact on the legal rights of the child and can also have an emotional impact on the child as well.

Paternity can be established through several methods and determines the child’s legal father. Paternity is established when a child is born to a married couple; when a child is born to an unmarried couple but the couple marries following the birth of the child and signs a legitimation form; the child is born to an unmarried couple who never marry, but who sign a voluntary acknowledgement of paternity; the father attempts to marry the mother when the child was born or conceived; the father marries the mother following the child’s birth and agrees to add his name to the birth certificate or supports the child; the father holds the child out as his own or welcomes the child into his home; and in some other circumstances through the family law court.

In addition, paternity can be determined by a DNA test that can be agreed to by the couple or ordered by the family law court through a paternity action, which can be initiated by either the mother or the putative father. Once legal paternity has been established, the father has the responsibility to support and care for the child and the family law court can help the couple with concerns including child support and child custody. For the child, they are also able to inherit from their father, obtain paternal medical information and access other benefits related to the establishment of paternity as well.

Establishing paternity is an important process for a variety of different reasons, which is why couples should be familiar with the different ways paternity can be established. The family law court can help them through the process so they can resolve their paternity concerns.

The paternity of a child can have a great impact emotionally, financially and otherwise on a child, which is why it is important for parents to understand how it is determined. There are significant legal implications and rights that are associated with a legal determination of paternity that can have an impact on the child and the parents.

Paternity is assumed when the child’s parents are married at the time of the child’s birth. For unmarried parents, the situation is different. They will need to establish paternity and be prepared for the impact it has on child custody, child support, inheritance and other concerns as well. Establishing paternity can also have emotional significance for the child and parents and can entitle the child to other benefits and access to health history records and other important information.

If the child’s parents are unmarried at the time of the child’s birth, paperwork can be filled out immediately after the birth and filed with a court voluntarily acknowledging paternity. Another option is to file a paternity lawsuit with the court, which will allow DNA testing for the presumptive father and child to be ordered. Either the child’s mother or the presumptive father can bring a paternity action to seek the court’s help ordering a paternity test and establishing paternity.

Once paternity has been legally established, the parents can begin to work out concerns about child custody and child support. The family law legal process provides tools to help parents with paternity concerns, as well as child custody and child support concerns, which is why they should be familiar with how these resources work and can help them with their family-related concerns.

The “best interests of the child” is a child custody standard that is essential for parents to be familiar with and to understand because it is used to guide child custody decisions. Child custody decisions are based on the best interests of the child standard. Whether parents are developing their own child custody arrangement or need the family law court to help them develop their child custody arrangement, it is important to keep what is in the best interests of the child in mind. The “best interests of the child” means that the family law court will seek a child custody arrangement that promotes the child’s happiness, mental health, emotional development and security.

What is in the best interests is evaluated by considering a variety of factors. Factors that may be considered to determine what is in the best interests of the child include: the age and sex of the child; the preference of the child, when appropriate; any special needs of the child and the ability of the parents to meet those needs; the physical and mental health of the parents; the need for a continued and stable home environment; the child’s relationships with other members of the household; the opportunity for the child to interact with extended family members; any other child custody arrangement that would have an impact on the child; religious and cultural considerations; adjustments to school and community; and any history of abuse.

These factors are used to determine what child custody arrangement will foster the child’s overall well-being and best interests. Because child custody issues can be stressful for parents and families, it is helpful for parents to be prepared for what to expect from their child custody process.

Spousal support is a big concern during most divorces. Because of this, it is helpful for divorcing couples to know how and when spousal support may be granted during their divorce.

Spousal support is a payment paid by one former spouse to the other former spouse. In certain circumstances, spousal support may be awarded by the family law court during divorces. Spousal support can be awarded in different ways during a divorce. It may be awarded on a temporary basis during the divorce, but may also be awarded as part of the final divorce settlement.

The family law court considers different factors when determining spousal support, including: how long the couple was married; the ages of the spouses; the education and employment statuses of each of the spouses; and the necessary expenses of the spouses. The spouses can also agree to spousal support and are encouraged to reach an agreement if possible. In general, divorcing couples are encouraged to resolve as many divorce-related issues by working them out together as possible.

Divorcing couples may be able to resolve divorce-related issues, including spousal support, in a manner that is best for them and their family. However, if they are unable to do so, the family law court can help them resolve their concerns. Divorce-related concerns divorcing couples will need to resolve also include child support, child custody and property division. It is also important to be familiar with support modification resources which, in the case of child support, may be available based on a significant change in circumstances of the child or parent. When a couple has made the decision to divorce, they should ensure they understand family law resources and how they can help them with spousal support and other issues during their divorce.

(California Court of Appeal) – Reversed as to Father only. Father of juveniles appealed from the denial of his motion to modify judgement claiming that he was not given adequate notice of dependence proceedings for two of his children. The appeals court found that the Hague Service Convention applies because Father is a resident of Mexico and that the Department of Children and Family services failed to comply with the Hague Convention.

It may go without saying that the divorce process itself can be emotional for couples in Dallas. However, the events leading up to the decision to divorce may be emotional as well. A recent study found that in both low-conflict and high-conflict divorces, a lack of emotional fulfillment was ultimately what led one partner to decide to end the marriage.

In the study, 47% of respondents reported that the lack of love or intimacy was what led to the decision to separate and ultimately divorce. Simply put, sometimes people just “fall out of love.” In addition, 44% of respondents stated that communication issues were one of the main reasons they decided to divorce. This has long been known as a cause of divorce. When spouses do not talk to one another, it ultimately damages their relationship as time goes on.

A breach of trust or lack of respect was the third top reason respondents to the survey cited as their reason for ending their marriage. If something happens that causes a person to lose respect for their spouse or that leads them to be unable to ever trust their partner again, this could lead that person to decide to divorce. Finally, sometimes couples just grow apart, either in their values, attitudes or because they simply had different goals in their lives.

As this shows, there are many reasons why couples decide to divorce, and many of them are based on emotional factors. A no-fault divorce is generally one in which couples cite “irreconcilable differences.” When couples grow apart, fall out of love or decide to divorce for some other reasons that are emotional in nature, this is a ground for divorce they may consider.

(California Court of Appeal) – Affirmed order terminating father’s parental rights. Father presented no reasoned argument why there was an error in terminating his rights and he waived his challenge to the order.