Sep 03
(more…)
read moreSep 03
In our previous blog, What is Separate Property, we delve into the basics of understanding what is deemed separate property by the Courts. As a debrief, a spouse’s separate property consists of the following: the property owned or claimed by the spouse before marriage; the property acquired by the spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of ...
read moreSep 03
Let's drill down the factors that could determine child support in special cases. (more…)
read moreSep 03
(more…)
read moreSep 03
(more…)
read moreSep 03
(more…)
read moreSep 03
Many factors go into determining custody. Courts will look at the many factors when deciding who will be awarded custody. The court will consider the following factors: The best interest of the child; Past parental involvement/participation in the child's life; How much the parents can co-parent regarding visitation and access to the child; The stability of a household; Consistency in the child's life (Courts try to avoid disrupting the child's current routine as much as possible); Abuse,...
read moreSep 03
We've all seen the videos: One partner gets down on one knee, offers their significant other a ring, and proposes marriage. Their partner says yes, and he or she slides the ring onto their partner's finger. All is bliss—until it is not, and the engagement is broken. When the wedding is called off, the recipient often claims they get to keep the ring because it was a gift, but the giver claims the ring is theirs because they purchased it. Who is right? The answer is simple: We must look ...
read moreSep 03
Temporary Orders for Your Home Most divorces begin with the need for Temporary Orders. Temporary Orders are the rules by which all parties must abide until the divorce is final. Texas doesn't recognize legal separation, so rules like these are especially helpful in determining who will live where during this time period. Until the Divorce Decree is issued, Temporary Orders help to encourage order, civility, and the safest environment possible for the parties involved as the case progresse...
read moreSep 03
If there is a separate property interest in a house? The court has only two options: award the house to the spouse with the separate property interest or order to sell the house. If either spouse has any amount of separate property interest in a house, the trial court does not have the ability to award the property to the other spouse. A court also cannot divest a spouse of his or her separate property interest in a house. Once the separate property interest is proven, the trial court can on...
read more