Many people going through a divorce wonder about whether or not they can have a family law court order their soon-to-be ex-spouse to pay their attorney's fees before the divorce is over. There are several reasons why a person might need this to happen and the short answer to the question, as is with many family law legal questions, is it depends. Courts will consider various factors in deciding whether it would be fair to order a spouse to pay for the attorney's fees of the other spouse while a case is going on. One important thing to note when requesting attorney fees on a temporary basis is whether you are asking for the attorney's fees based on a suit affecting the parent-child relationship within a divorce i.e. attorney's fees based on the safety and welfare of the children or based on the need for attorney's fees based on another reason. Let's explore the law that gives a family court authority to order one spouse to pay for another spouse's interim attorney fees in a Texas divorce based on facts other than the safety and welfare of children.
In Texas alimony is called spousal support and it may be that you and your spouse have reached an agreement on whether or not one spouse receives a payment for their support during or after divorce. If you haven't reached an agreement with your spouse then court intervention is likely necessary to obtain the maintenance or "alimony" that you think that you are entitled to.
Sometimes the situation arises when two people have lived together for an extended period, perhaps even 20+ years and then decide to separate, they may wonder what rights to property and children do I have? Am I common law married? The situation becomes even more troublesome when only one spouse is a bread winner and the other is the ever noble homemaker. This blog post will address the property issues that can arise when two people live together but aren't married or wait a long period of time to marry under Texas family law.
By the A.T Law Office
As a Houston family law attorney who also practices some criminal defense case, one of the common questions I get is “can I record a conversation with someone if I don’t have their consent?” or “Can I videotape someone without their consent?” The quick answer is yes, in Texas you can, but here are more details you need to know:
Many people don't know that the vast majority of family law cases end up settling out of court. Most of the time out of court settlements are for good reason and can greatly simplify a family law case for all involved and eliminate some of the strain that is placed on the Texas family courts. Not only is it very expensive to take a case all the way to trial, but you know your situation better than a judge does and you are in a better position to decide what is going to work best for you and your family.
Sometimes I hear a question about how a minor can become emancipated from their parents. Generally speaking, a court in Texas may allow a minor to become emancipated in certain circumstances if the child is over the age of 16. Emancipation of a minor can have a vast effect on what a minor can and cannot do and the rights of parents.
As responsible co-parents you know the importance of following the court order regarding custody and visitation of your children. It is likely that you had to endure a great deal to get it, whether you reached it by agreement or a Texas family court ordered it. Sometimes, however, issues arise that make following the court order more difficult then anticipated. One of those issues is when a child refuses to comply with the court order by going with the other parent during their visitation time. Although this situation may be completely out of control it can have far reaching consequences for you and for your family.
It is always a good idea to have a qualified family lawyer complete your divorce, but if you intend on doing your own, this guide is meant for people who want a divorce and don't have any children or community assets other than personal effects.
Why change a court order?
There are many people who have gone through a divorce or child custody lawsuit and have consequently, whether through agreement or otherwise, obtained orders from a court outlining the rights and duties of parents, child support, and visitation with children. You may think that these orders are forever set in stone, that is not always the case. It is true, however, that child custody orders can have a long lasting effect because they usually don't change until further order of the court or the child or children turn 18. That being said, in the modern era where people are increasingly mobile, and electronically connected, life can change in an instant making following a previous custody order difficult or impractical. There are innumerable ways in which lives can change and sometimes this change can make following a current custody order impossible or even dangerous for the children. Simply put, a court order that was workable at one time may not be later. But even though child custody orders can be modified when there is a change in circumstances (more on this below) a court will not change a child custody order unless it is in the best interests of the child.
Child custody laws in Texas can be confusing and going through a child custody court case can be an extremely taxing experience. If you have a basic understanding of the laws in Texas regarding child custody then you can help yourself in minimizing the stress. Read on to learn about some of the major points in a child custody case.
Chad Zubi Houston Family and Criminal Law Attorney.