What Happens When You Want Out — But Your Spouse Does Not?
Only slightly less common than marriage itself, divorce provides the means to put your life back in order and move forward — alone. But what if your spouse does not share your view? Popping the question is much easier than ending the marriage that results. In many cases, the feeling is mutual, and both parties… Read More »
Preventing Domestic Violence: An Anniversary
Deborah was 59, Chandra was 40 — and their husbands shot both to death in Houston. Sadly, these are just two of the 142 women killed in Texas during 2010. That year, 39 Texas children witnessed the murders of their mothers. September 13, 2012 marked the 18th anniversary of the passage of the federal Violence… Read More »
Can Children Decide Where They Live?
Texas law prohibits a child from choosing which parent he or she will live with after a divorce. But a child’s preference is important — to the parents, to the court, and most of all, to the child. At the quiet center of any divorce storm reside children. Pulled this way and that, children receive… Read More »
Can Same-Sex Couples Adopt in Texas?
As I discussed recently, same-sex marriage is not presently legal in Texas. While this poses challenges to couples who seek to solemnize their relationship, and to same-sex couples married in other states who seek divorce, it creates a unique path for same-sex couples who seek adoption. Adoption is a lifelong commitment to a child that… Read More »
How Do Rule 11 Agreements Apply to Divorce or Child Issues?
When couples have disputed issues during divorce or any other type of legal case they must resolve them or have the court decide for them. Hearing about a Rule 11 agreement is common during divorce, whether a comment made by a judge, your own lawyer, your spouse’s attorney or seeing it referenced in a court… Read More »
More About the Nature of a Binding Mediation Settlement Agreement
Thoroughly understanding the terms and conditions of a contract or any agreement is very important. For this reason, lawyers work to ensure that agreements contain no ambiguities. With a binding mediated divorce settlement, clearly written terms and full understanding are crucial. What happens if you realize later that you signed the agreement under the duress… Read More »
How the Best Interest of the Child Relates to Adoption
We hear the phrase the best interest of the child throughout the divorce and child custody process. Certainly many U.S. states have incorporated the best interest of the child concept into their family law statutes. Likewise, many courts have ruled on cases using this concept as their benchmark. The Texas Family Code Section 153.002 states:… 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 »