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.
A Texas divorce is an extremely stressful experience for all involved and dealing with a pregnancy can make it more so, it can also increase the complexity of the divorce process. It is very important not to go through a Texas divorce alone, if you are pregnant and interested in obtaining a divorce, or if you want a divorce and you are the husband, then you should talk to a qualified divorce attorney to help you. The focus of this article is on how Texas courts handle the situation when there is a question about the identity of the biological father of the unborn child during the divorce. If you are interested in learning about the life cycle of a divorce, or what you need to know regarding child custody lawsuits in general, then the following two blog posts may be of interest: The Life Cycle of a Texas Divorce and Child Custody in Texas, What you Need to Know.
Sometimes people near or at retirement age come into my office and would like to know about what will happen to the assets that they have worked much of their lives to amass upon divorce. The answer to this question is of importance to more and more people in Texas and I thought this would be a good time to shed some light on the subject.
Many people are familiar with the term "common law marriage", in Texas this idea is called an informal marriage. Not all states recognize informal marriage, but fortunately for some, Texas recognizes the informal marriage to the same degree as a formal one. So if you are a part of an informal marriage then you cannot dissolve it merely by pretending it never happened. To dissolve an informal marriage you either need to get a divorce, annulment, or one of the parties must have died. To actually dissolve an informal marriage it is wise to seek the counsel of a Houston divorce lawyer, but read on to learn more.
The situation sometimes arises when one party to a divorce or other family law matter is a non-resident of Texas who resides in another country and it is imperative that you hire an attorney who has experience in this area if you are in such a situation. It is important to follow the procedures for service overseas so as to avoid any judgment that you may obtain at the trial court level from being declared void.
Many folks who are going through a Texas divorce, or are contemplating a divorce in Texas, wonder what is going to happen to the property that they have acquired during their marriage. Many people worry that they are going to suffer because they are a male, or operate under the common misconception that a division of property in a Texas divorce is automatically 50/50, or that you can marry a billionaire for a week and get half of what they own by getting a divorce a few days or weeks later. The truth of the matter is that many factors come into play when a Texas divorce court decides how to divvy up a marital estate. How will the marital property be divided you ask? It depends, read on to learn more.
What is Community Property in Texas?
Many people are anxious to know how much marital property they are going to be able to walk away with after a Texas divorce. As background, everything acquired during marriage is community property; regardless of whose name is on the item in question. What that means is that the item belongs one hundred percent to you and one hundred percent to your spouse. A court will seek to make a just and right division, how a court divides property is the subject of a separate article that can be found here: "Dividing Property in a Texas Divorce, Is it Just and Right?". What I want to address is the benefit or harm that could be caused in excessively fighting over certain property in a divorce.
People get divorced for many different reasons, the reasons for divorce are not the topic of this post. The topic of this post is what do you want once you have actually decided to obtain a divorce. You and your attorney need to identify your goals to achieve the best result for you and your family.
Chad Zubi Houston Family and Criminal Law Attorney.