Today I was just about finished writing a very exciting blog post about student loan debt in divorce when my phone rang. I stopped writing to speak with opposing counsel in a custody modification case. She called to give me the sad news that her client was...
BLOG
What are temporary orders?
May 11, 2018 | Child Custody, Child Support, Divorce, Family Law - General, Property
It is important to meet with an attorney to determine whether temporary orders are necessary in your family law case. Depending on your county, you may have Standing Orders that govern the conduct of the parties while the case is pending. Standing Orders are binding...
How are debts dealt with in divorce?
May 8, 2018 | Divorce, Property
Any debts incurred during the marriage are presumed to be debts of the community. Any debts incurred prior to marriage are the separate debts of the party who incurred them. However, the party trying to argue a debt should be separate would need to...
When can you modify custody?
Mar 20, 2018 | Child Custody, Family Law - General
After a final order is entered in a divorce or child custody case, there may be reasons down the road that one party or the other wishes to modify the order. The Texas Family Code provides four grounds for modifying a child custody order: The parties have agreed...
Can you have your marriage annulled?
Feb 6, 2018 | Annulment, Divorce
In Texas, the grounds to have a marriage annulled are extremely narrow. Specifically, a court can grant an annulment only if one of the following applies: One of the spouses was under the age of 18 and did not have the appropriate consent or a court order;...
When can you modify child support?
Jan 29, 2018 | Child Custody, Child Support
Under the Texas Family Code, a party can modify child support in three situations: (1) the parties have agreed to modify child support; (2) when the parties meet the three-year modification rule; and (3) when there has been a material and substantial change to...
What happens to a stay-at-home-mom (or dad) in a divorce?
Jan 3, 2018 | Divorce, Family Law - General, Property
Unfortunately, the state of Texas is not very kind to stay-at-home parents in divorce. Texas is a community property state, so anything made by the working spouse during the marriage is subject to being divided (usually 50/50). This is great if the...
Will I have to pay child support or will I receive child support?
Oct 9, 2017 | Child Custody, Child Support, Divorce
Child support is a critical element of a child custody case in Texas. In the majority of cases, one party or the other does end up paying child support. Here are several important factors to consider in determining whether or not you would have to pay...