Category Archives: Divorce
Can You Cancel or Change Your Insurance During Divorce?
The short answer is NO, do not ever change your insurance during a divorce. The courts prohibit it and changing insurance without court approval will be very detrimental to your case. It is understandable for spouses to start wondering about insurance policies after they separate and file for divorce. Certainly after divorce is final, they… Read More »
What is the Montgomery County Standing Order Regarding Children?
The Montgomery County District Court and County Courts at Law issues a standing order for all divorce lawsuits and family law cases. As a matter of law, parties and lawyers must obey the standing order even if they did not ask for the order or are unaware of it. It is assumed as a matter… Read More »
What is a Custody Evaluation?
When parents continue to disagree about custody after mediation or other attempts to resolve their issues outside of court, the court may order a custody evaluation. A custody evaluator is generally a psychologist who evaluates the child and family members. Based on the evaluation, the evaluator recommends a visitation or parenting plan that is in… Read More »
Legal Terms Used in Texas Divorce Cases
The Texas Family Code uses different legal terms to describe custody roles and functions, which can be confusing for people who are used to hearing words like custody, custodian, visitation, and other familiar divorce terms. For example, under the Texas Family Code, a conservator is a custodian—usually a parent who has responsibilities and duties to… Read More »
Planning Your Divorce
Emotions build, and many people tell their spouses in the heat of the moment that they want a divorce. Afterward they seek legal counsel to gain a more rational view of their situation. However, whenever possible, the best time to consult a Texas divorce lawyer is when a spouse first starts considering divorce. Divorce is… Read More »
Decisions About the Family Home During Divorce
The family home is many people’s largest asset. Deciding whether to sell the house and divide the proceeds, or keep it and have the primary residential custodian live in the house with the children are often the main considerations. No one answer fits every situation. Various factors come into play when deciding about family homes:… Read More »
Conduct that Courts Regard as Unacceptable During Divorce
Short of studying individual case rulings or relying on a divorce lawyer’s extensive experience, where a court draws the line on unacceptable behavior in divorce cases seems rather subjective. Most people have common sense about actions that may be unacceptable. However, when addressing sensitive issues in divorce, people’s emotions get the best of them. The… Read More »
When Can a Support or Maintenance Obligation be Modified?
A child support obligation usually continues until the child in question reaches the age of majority—18 in Texas. A maintenance obligation continues for the duration of the court order—up to ten years for marriages of 30 years or more. For maintenance obligations, the paying spouse may petition a court to terminate the obligation once the… Read More »
No-fault Divorce in Texas
There are many grounds for divorce under the Texas Family Code. These include adultery, imprisonment, cruelty, abandonment, and living separate and apart. All of these are fault grounds, which the party seeking the divorce must offer evidence to prove before a court can issue a divorce decree. This can complicate the process, especially if the… Read More »
The Best Interests of the Child
In Texas and most other states, the best interests of the child is the deciding standard in child custody, visitation, and support matters as well as placement of children in the custody of the Department of Family and Protective Services. But the words themselves provide little insight into their practical application. In fact, this standard… Read More »