Posted on November 11, 2022 in Divorce

In a world where access to information is as easy as typing a few search terms into your smartphone, it is rather surprising that so much misinformation about divorce continues to circulate. Some of the misconceptions may be attributed to long-held beliefs that can be difficult to change while others were once true but are not anymore. For example, you may have heard one or more of the following.

Divorce Myth #1: Half of Marriages End in Divorce

This common statement is not an accurate depiction of the actual divorce rate in the United States. It comes from a flawed comparison of the per capita rate of marriages and divorces in a particular year. Comparing the number of marriages against the number of divorces for any given year will result in skewed data. For example, some of the divorces that occur this year involve marriages that began 30, 40, or even 50 years prior—in other words, more than two generations ago. The actual divorce rate is closer to 40 percent than 50 percent, and it is markedly lower among younger couples.

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 Posted on October 18, 2022 in Divorce

Texas state law encourages parents to handle legal disputes using methods that allow for peaceful resolution. One of the best ways to peacefully get divorced is by using the help of an experienced divorce mediator. You may choose to use a lawyer who is also a mediator, or a mediator who is a marriage counselor, social worker, or psychologist. That is up to you. However, even if you and your spouse are committed to resolving your divorce through mediation, it is still important to have a Texas divorce attorney representing you. Here is why. 

An Attorney Gives You Legal Advice and Representation

While a mediator is essential for helping feuding spouses identify where they are in conflict and prioritizing resolutions to their problems, a mediator cannot offer legal advice to either spouse and cannot prioritize the well-being of one spouse over the other. This means a mediator may suggest a resolution that is decidedly against your best interests. Without the advice of an attorney who is looking out for you, you may agree to something that would put you at a significant disadvantage in the long term. 

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 Posted on October 11, 2022 in Child custody

Whether you are getting divorced or filing a Suit Affecting the Parent Child Relationship (SAPCR), you need to create a parenting plan that resolves issues of custody and visitation. Custody can be the most difficult issue that parents of minor children have to resolve, and there may be ongoing conflict for as long as the children are under the age of legal adulthood. 

When this conflict gets heated, one or both parents may behave poorly. Unfortunately, it is common for parents to use their children as weapons against each other to resolve past personal differences. One parent may wrongly try to obtain sole custody or alienate the children emotionally from their other parent. Other times, a parent may have legitimate concerns about whether the other parent is abusive, neglectful, or otherwise unfit. Whatever the circumstances in your child custody dispute case, it is essential to have a Texas custody attorney who can advise you throughout the process - and to avoid these three common mistakes.

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 Posted on September 29, 2022 in Divorce

If you heard someone knocking on your door and answered it to find a sheriff or process server standing on your porch holding a packet with a divorce petition in it, you may have been caught off guard. Perhaps you knew your relationship was not doing so well, but you never formally agreed to divorce or expected notice to come like this. 

It is common for spouses who have been surprised with divorce papers to feel shock, anger, hurt, denial, or all of the above. In addition to these feelings, you may also worry that, in taking action first, your spouse has permanently secured the upper hand in your divorce. Fortunately, this is not true and you do not have to figure out how to respond to your spouse’s divorce papers alone. Read this blog for an overview of what to do if you have been served with divorce papers, and then contact a Texas divorce attorney who can help you take decisive action. 

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 Posted on September 16, 2022 in Divorce

An important step in any divorce is determining where you can file your divorce petition. Every state has strict requirements detailing whether someone is considered a resident for the purposes of filing for divorce. Having children can change your eligibility in one state or another, and some people may even have more than one option for filing. If you live in Texas - especially if you have recently moved here from another state - it is important to understand residency requirements so you know where to file for divorce. 

Texas Divorce Residency Requirements 

Texas requires people wanting to file for divorce to have lived in the state of Texas for at least six months immediately preceding filing the divorce petition. Further, residents who meet this requirement must have lived in the county in which they want to file for divorce for at least 90 days. If your spouse has lived in Texas for at least six months, you can file for divorce in Texas even if you do not live here. 

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 Posted on August 25, 2022 in Divorce

Domestic violence is a serious problem in Texas. Around 200,000 incidents of family violence are reported every year, but the estimates of incidents that are not reported are much higher and experts suggest one in three Texans will suffer from domestic violence in their lives. Texas has strong laws to protect victims of domestic violence, but for these laws to be helpful, victims must come forward to hold an abuser responsible. While this is not easy, an experienced Texas domestic violence attorney can help. 

How Can I Get an Order of Protection in Texas? 

While it may feel deeply unfair and frightening, the burden of proof falls on victims of domestic violence. If you make a claim that your partner or ex is abusing you, you need to support this claim with evidence. There are three types of protective orders available in Texas; two of them must be applied for and supported with evidence. The third is issued by a criminal court after an abuser has already been arrested. These protective orders are: 

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 Posted on August 17, 2022 in Divorce

People who have never been in an abusive relationship often wonder why a victim of domestic abuse does not simply leave. After all, it is easy to judge when someone does not have access to the full picture of a relationship. An abusive spouse may have times when he is charming or supportive or apologetic and repentant, making it difficult to walk away. Other times, an abusive spouse may keep a partner around through manipulation or threats of violence. 

Whatever the case, leaving an abusive relationship is clearly not easy, or everyone would do it. Nevertheless, doing so is important–especially if you have young children–and moreover, it is possible. There are resources available to victims of domestic violence to help them get divorced safely while protecting their family. A Texas divorce attorney can help you explore your options and create a plan for leaving. 

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 Posted on July 18, 2022 in Divorce

So you have decided to get a Texas divorce - but what comes next? How do you find the right information, negotiate a fair divorce decree, and make sure all your forms are submitted to the right place without any mistakes? Fortunately, you do not have to do all this work alone - divorce attorneys can make the process much easier. But finding and choosing a great divorce attorney can sometimes feel like yet another chore. Here are a few things to look for in your divorce attorney before signing a representation agreement. 

Problem-Solving Mindset

Some divorce attorneys will tell you right away that certain things cannot be done. Instead, go with a divorce attorney who is willing to tackle issues from many angles and pursue unconventional approaches to get results. An attorney should consider possible solutions while taking your preferences seriously. At the same time, a great attorney will be honest and let you know what is or is not legal or practical. 

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 Posted on July 08, 2022 in Divorce

Making the decision to get a divorce is one of the hardest things you may ever do. Even if you have not made up your mind yet and are still wondering whether divorce is right for you, it is wise to be prepared so you know what to expect in case you decide to move forward. Filing for divorce in Texas is fairly straightforward; actually negotiating the terms of a divorce can be substantially more difficult. In this blog, we will discuss how to file for divorce in Texas and discuss the benefits of having an attorney to help guide you through the divorce process. 

Where Do I File For Divorce in Texas? 

Once you decide you are ready to move forward with the process, you need to fill out the Original Petition for Divorce. You are the petitioner, and your spouse is the respondent. If you need help paying for your divorce, fill out the Affidavit of Indigency as well. Take these forms, as well as a Civil Case Information Sheet, to your local courthouse and turn them in to the clerk. The fee for filing for divorce with children in Tarrant Count is $401. 

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 Posted on June 22, 2022 in Child custody

When Texas parents of a minor child share custody of the child, they must create and abide by a legally enforceable parenting agreement. Although courts can set the terms of the parenting agreement (technically known as a “possession agreement” in Texas legal terms), most co-parents find they can create a better, more satisfactory parenting agreement when they work together outside of court. 

One possible option many parents take advantage of in a customized parenting agreement is an idea called the “right of first refusal.” In this blog, we will explore the basics of the right of first refusal and how, under the right circumstances, it can benefit both a child and her parents. 

The Right of First Refusal in Texas

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