Texas Fathers Pursue Changes to Child Custody Law
When it comes to child custody cases, fathers often get the short end of the stick. While Texas custody law is written to avoid favoring the mothers in divorce and other custody cases, judges still tend to award primary custody to mothers. Because the law assumes that children are better off with both parents in… Read More »
Can I Trust Friends and Family to Provide Advice During the Texas Divorce Process?
I have helped many individuals who come to me with any number of misconceptions promulgated by well-meaning people who care about them. Your friends and family naturally want the best for you and your children. However, their own personal experiences do not always lead to the best advice. By all means, accept their good intentions… Read More »
What About Reconciliation?
The purpose of divorce is to dissolve the legal relationship between a married couple. The dissolution of a legal relationship transforms, but does not end, the personal relationship between two people. Sometimes during the process of divorce, couples make an attempt to reconcile. At our initial consultation, I often ask a client if there is… Read More »
Does Texas Recognize Legal Separation?
We have talked elsewhere about the lack of recognition of same-sex marriage in Texas. The option for gender-neutral marriage or divorce in Texas does not exist. There is also no possibility of legal separation. Many people consider separation a preliminary condition of divorce. One partner moves out, a divorce is filed, and the process of… Read More »
What is Meant by the Best Interests of the Child Standard?
No matter how contentious a divorce becomes, the parties are expected to abide by the public policy of the state of Texas requiring them to always act with the best interests of their child or children in mind. The courts apply the best interests of the child standard to issues such as custody, support and… 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 »
Texas Rulings on Same-Sex Marriages
As same-sex marriage moves into the national spotlight during presidential campaigns, you may be curious to know how Texas courts view same-sex marriage. Under the Texas Family Code, same-sex marriages are not legal. However, the issue has come up for review before the Texas judiciary various times: In 2010, The Statesman reported that Texas Attorney… 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 »