Posted on November 02, 2015 in Divorce

While Texas law is fairly broad when it comes to who can adopt a child, the many issues related to adoption are often complex, and there are procedural requirements that must be met in order to finalize the adoption.

Here are some things you may not know about the rules for adoption in Texas.

1. Generally, if the child is age 12 or older, then the child must consent to the adoption.

While this is the general rule, there are exceptions. If the court determines that the adoption would be in the child's best interest, but the child does not consent in writing or in court, then the court may waive the consent requirement for the child.

The child's consent to adoption is not required for children younger than 12.

2. If the person petitioning for adoption is married, then both spouses are required to join the petition in order for the adoption to move forward.

This rule also applies to the child's biological parent who is currently married to the person petitioning for adoption. Once the child's parent joins the petition, no further consent from that parent is needed.

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 Posted on October 19, 2015 in Divorce

Whether it's where you live or where your child or ex-spouse lives, place of residency is an important issue in divorce and child custody cases.

In fact, before a married couple can get divorced in Texas, at least one of the spouses must have lived in the state for the past six months. The same spouse must also have resided for the preceding 90 days in the county where the divorce petition was filed.

Important to note: a nonresident spouse can still file for divorce in Texas if the other spouse meets the residency requirements.

What about post-divorce relocation with children? Is it difficult or easy in Texas?

Parents with legal custody of their kids may want to relocate with them for a variety of reasons. In Texas, though, courts tightly restrict the rights of parents who want to relocate with their kids.

In general, Texas courts assume two things from the outset in child custody cases: that a child has the right to see both parents, and that both parents have the right to see their child. You can also expect the court to prioritize the child's best interests above all other concerns.

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 Posted on August 06, 2015 in Divorce

How your marital property is divided at divorce will affect your financial future for years to come. If you or your spouse owns a business in Texas, then the division of community property may be particularly complex. Following are three things to do if your divorce involves a business.

1. Obtain an accurate and comprehensive valuation.

Not fully accounting for the health of your business and its ability to provide future income can have a detrimental impact on your divorce settlement. The valuation of a business should account not only for tangible assets and debts, but also for the intangible value of the business' reputation and brand.

What you don't want is an inaccurate or short-sighted appraisal. This could prove costly for both parties, especially if you find yourself in a property-related dispute that requires resolution in court.

2. Consider the tax liability.

Often the tax implications are not immediately clear when dividing business assets and liabilities between divorcing spouses.

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