Wednesday, January 27, 2016

Do I Need a Divorce Attorney for an Uncontested Divorce in Texas?


If you have made the difficult decision to end your marriage, or if your spouse has recently informed you of his/her decision to do so, the next step is to begin the legal process of divorce. Sometimes with good reason, people often dread going through a divorce. The reality, however, is that the divorce process can be as painless (relatively speaking given the subject matter) or as painful as the parties make it. When the parties are able to agree on all issues that must be resolved in the divorce it is referred to as an “uncontested” divorce. It is also considered an uncontested divorce if your spouse is notified of the proceedings and fails to file and Answer or otherwise make an appearance in the case. In that case, you will be entitled to a default judgment, effectively making the divorce uncontested. Conversely, when there are issues that the parties cannot resolve without litigation it is referred to as a “contested” divorce. If you believe your divorce will be uncontes
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Wednesday, January 20, 2016

How Does a Judge Decide Custody Disputes in Texas?


In perfect world, the parents of a minor child would always work out their differences in a way that does not directly involve the child. Unfortunately, the world is far from perfect. Moreover, sometimes the subject of the dispute is the child. Specifically, custody of a child. Custody disputes most often arise during the course of a divorce; however, custody of a minor child can also be disputed during a paternity case or long after a divorce has been finalized. When the parents of a minor child are unable to agree who will be the child’s primary custodian – referred to as a “possessory conservator” in the State of Texas – a court will have to make the decision. The court may also need to decide who has “managing conservatorship” rights to the child, a title that is roughly the same as “legal custody” as it is often called in other states. Because of the unique set of facts and circumstances that make up each child custody dispute it is in your best interest to cons
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Wednesday, January 13, 2016

How to Choose the Right Texas Divorce Lawyer


The decision to end a marriage is rarely a decision reached without considerable contemplation and soul-searching. Once the decision has been reached, or you have been informed by a spouse that the decision has effectively been made for you, the legal process of ending the marriage must begin. Although the divorce process is typically an emotional period of time for everyone involved, it does not have to be adversarial. Choosing the right Texas divorce lawyer is the key to both protecting your rights and making your divorce as painless as possible. Unless you have been through the divorce process before you likely don’t know where to begin when it comes to choosing an attorney. Therefore, consider the following tips to help you choose the right Texas divorce lawyer for you. 1. Check with family, friends, and co-workers for a referral. Divorce is obviously a highly private subject matter. As such, you may be reluctant to open up and discuss your situation with those around you. While
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Wednesday, January 6, 2016

How Much Child Support Do I Have to Pay in Texas?


In the State of Texas, both parents of a minor child are expected to contribute to the financial support of the child until the child reaches the age of majority. If the parents are married, or otherwise living together, there is generally no reason for the state to interfere in how the parents work out the child’s support; however, in the case of divorced parents, or parents who were never married and now live apart, once parent will typically be ordered by a court to pay child support to the other parent. If you envision being the subject of a child support order in the near future you are likely wondering “How much child support do I have to pay in Texas?” Child support for a minor child is typically ordered pursuant to a divorce or paternity action. When calculating how much support a parent is required to pay the Texas Child Support Guidelines (“Guidelines”) are used. The amount established using the Guidelines is “presumed to be reasonable and an order of support con
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