This is one of the most frequently asked questions I hear during divorce consultations. The answer is much more complicated than a simple yes or no. There are several questions that need to be answered first: Is the house community property or separate...
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What is mediation?
Jul 25, 2017 | Child Custody, Child Support, Divorce, Family Law - General, Grandparents' Rights, Paternity, Property
In most courts in Collin, Denton and Dallas counties, mediation is required before you can have a final trial in a family law matter. In some of the courts it isn't required but is "strongly encouraged." In my opinion, almost every case is appropriate for...
What is an inventory and appraisement?
Jul 18, 2017 | Divorce, Property
When a couple divorces, one of the key issues is determining how property and debt should be divided. Often, one spouse or the other has handled the finances in the family and the other spouse has little or no idea what assets and debts actually exist. In the...
Do grandparents have any rights?
Mar 30, 2017 | Grandparents' Rights
In Texas, grandparents have rights only in very limited circumstances. The general rule is that the parents have a fundamental right to decide how much, if any, access a grandparent should have. There are two different issues when...
What is a “waiver of service” and should you sign it?
Mar 2, 2017 | Child Custody, Child Support, Divorce, Family Law - General, Grandparents' Rights, Paternity, Property
Waivers of service are quite common in family law cases in Texas. They do exactly what they say - they waive service of process. A waiver of service does NOT mean that the other person is not contesting anything in the case. When I am trying to...
What is “discovery” in a family law case?
Feb 20, 2017 | Child Custody, Child Support, Divorce, Family Law - General
In any family law case (divorce, child custody, child support, etc.), you may hear the term "discovery" used. Although there are many kinds of discovery, this term is typically used to refer to formal, written discovery. Common types of written...
What does it take to become board certified in family law?
Jan 23, 2017 | Family Law - General
I recently became board certified in family law by the Texas Board of Legal Specialization. Many attorney advertisements reference the fact that an attorney is or is not board certified. I have to admit that until I started looking into board certification...
Should you handle your own divorce?
Jan 5, 2017 | Divorce, Family Law - General
This morning, I sat in a courtroom waiting to do a prove up hearing with a client. There were six cases in line before us, and all of those cases were pro se divorce prove ups. If a person is pro se, it means he or she is representing himself or...