Category Archives: Divorce
Parents’ Rights vs. Grandparents’ Rights
Grandparents can be an integral part of some children’s lives. However, if conflicts arise between parents and grandparents, how do parents’ rights legally stack up against grandparents’ rights? Individual states have their own laws, and for the most part, courts at the state level decide family issues. Even so, some cases have risen to the federal… Read More »
Arbitration for Divorce and Custody Issues
If you are having trouble resolving custody issues, arbitration is another available resolution option. As with mediation, sometimes the courts order couples to arbitration to resolve their differences. How is arbitration different from mediation? Unlike mediation, where the mediator acts as a neutral third party and is not allowed to give opinions, the arbitrator’s job… Read More »
Resolving Custody Conflicts Through Mediation
You can wind up in mediation to work out your disagreements with your spouse about child custody. The court can order you to mediation or you can choose it as an alternative to litigation. In fact, you can resolve divorce and all of its issues through mediation, if appropriate. The mediator’s role The mediator cannot… Read More »
Are You More Likely to Divorce During Tough Times?
Myths and opinions circulate from a variety of sources — news articles, surveys and interviews — about the effect of tough economic times on marriages. Financial stress is a known factor that adversely affects relationships. Couples fight over their incomes, their spouse’s spending habits, and a lack of the lifestyle they always wanted. Troubled finances… Read More »
The Difference between Divorce, Annulment and Void Marriages
While divorce, annulment and void marriages all end a marriage, there are legal differences between the three. Divorce Divorce is appropriate for couples who were legally married and want to dissolve the marriage. Valid marriages under Texas law meet all legal requirements from the outset. Once the divorce is final, the courts still recognize that… Read More »
When Is a Marriage Void in Texas?
Under various circumstances, Texas courts can consider marriages to be void based on Texas Family Code Subchapter C. Declaring a Marriage Void. Consanguinity Consanguinity is the kinship or family relationship that people share. Consanguinity that makes a marriage void includes marriage to: A brother or sister, whole or half blood or by adoption An ancestor… Read More »
How Does Annulment Work in Texas?
While divorce is the most common way of ending a marriage, annulment may be another option. Courts grant annulments under the following conditions: Underage. A party is between the ages of 16 and 18 and married without parental or guardian consent. Parents, managing conservators or guardians can request an annulment. Discretionary annulment for underage person…. Read More »
Preserving Property During Divorce
Spouses living in Montgomery County, Texas should understand what restraints the county courts put on actions regarding property during divorce. Montgomery County Courts at Law and the Montgomery County District Courts issued a standing order on March 11, 2009 that specifically lists prohibited actions against the property. Under Texas Family Code Section 4.001 property means… Read More »
Legal Help with Resolving Property Valuation Disputes
When spouses part ways, each wants to take their share of the assets they worked hard to acquire together. Yet they do not always see eye to eye on value. Such different views can lead to disputes over assets’ value. Valuation disputes are common in complex divorces that involve substantial assets. The character of certain… Read More »
Marital Property—Protecting Your Finances During Divorce
Money earned while married does not belong to the spouse earning it. Under Texas law, the spouses’ combined income is marital property. Texas addresses marital property and separate property under Chapter 7 of the Texas Family Code. Texas is a community property state, which means marital property division is 50/50. People worry about losing money… Read More »