Served with divorce papers? Now What? Do we need to go to court?

Video Transcription Do we even need to go to court? As soon as we file some type of response, we notify the opposing counsel, and from that point we will then attempt to see if we can do something by agreement, put temporary orders in place, have temporary injunctions in place that say that neither party will cancel insurances or accounts or transfer moneys. That just is to maintain everything status quo until we can actually divide the community estate between the parties. Once we do that, we may have an option to attend mediation. Mediation is required on all…

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Benefits of Parenting Classes During a Divorce

Video Transcription There is a parenting class that's required, a four hour parenting class, and some courts require different classes, depending. Now this is a class that I ask my clients to take from the beginning, so that they have that knowledge and information to utilize during the case. The parenting class normally doesn't teach you how to be a parent, but it teaches you how to communicate now in two different households. It is very difficult to discipline in one household when you have kids. Now that we're in two separate households, it makes it extremely difficult. And children…

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OurFamilyWizard.com – Tools to help improve co-parenting

Video Transcription Normally when parents have an issue with communicating with each other, there is a great website that a lot of attorneys and judges use, called OurFamilyWizard. Now this is an online calendaring program where both parties can actually log in and create an account for their children. On this website, they can post the children's extracurricular activities, doctors' appointments, they can even include requests for exchanges of weekends and whether or not the other custodial parent will actually accept or deny those exchanges. And you can post uninsured medical expenses all to the same website. One of the…

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Dissent On The Obergefell V. Hodges Decision

Dissent on the Obergefell v. Hodges Decision

The Supreme Court of the United States released their opinion on Obergefell v. Hodges. The decision came down to a 5-4 vote, with Chief Justice Roberts dissenting, joined by Justice Scalia and Thomas. Justice Alito also filed a dissenting opinion in which Scalia and Thomas also joined. Chief Justice Roberts’ dissent delivers his opinion that the Supreme Court over –stepped their boundary as a Court, and thus have stolen this issue from the people of the United States. He dissents that the Constitution gives the Supreme Court the power to say what the law is, not what the law should…

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Supreme Court’s Decision On Same-Sex Marriage

Supreme Court’s Decision On Same-Sex Marriage

Last Friday, the Supreme Court of the United States released their opinion in Obergefell v. Hodges. Obergefell consists of a number of consolidated cases that originated from Michigan, Kentucky, Ohio, and Tennessee, all states that limited marriage to a union between a man and a woman.  The petitioners in Obergefell are fourteen same-sex couples and two men whose same-sex partners are deceased. The petitioners sued the state officials who are responsible for enforcing the state laws in question.  All of the trial courts, the individual United States District Courts in the petitioners’ home states, ruled in favor of the plaintiffs.…

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How Does Immigration Status Affect Divorce Cases in Texas?

The state of Texas and the Texas Family Code do not mandate that a person be a citizen of the United States to receive a divorce or pursue a custody case. The only residency requirement is that a person must have resided in the state of Texas for the previous six months and resided in the county of filing for the previous 90 days. There is no distinction in the Texas Family Code between a legal or an illegal resident. A court will not consider immigration status when awarding child custody, child support, property division, spousal maintenance, or any of…

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My ex has received a raise. Can I modify the child support amount?

If there has been a material and substantial change in the circumstances of the child, three years since the last child support order and a difference in the month child support amount by either 20% or $100 from what is currently ordered, then you are entitled to ask the Court to increase the amount of monthly child support ordered. This cannot be done by a simple agreement by the parties; a new order must be signed and approved by the Court for the increased amount to go into effect. You can achieve this by either working with the Office of…

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Same Sex Marriage in Texas – A Look to the Future

06/26/2015 - Same-sex is now legal across the nation. - Alfredo Texas is currently one of twenty states in the United States which ban same-sex marriage via a constitutional amendment. In October 2014, the US Supreme Court let stand a ruling held by the 10th Circuit Court of Appeals finding Utah’s ban on same-sex marriage unconstitutional. The resulting effect was that same-sex marriage bans are effectively voided in states such as Utah, Virginia, Indiana, Wisconsin, and Oklahoma. By declining to rule on the issue, combined with the changes in attitude toward same-sex marriage throughout the country, it can be inferred…

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Top 10 Rules for Protecting Kids During a Divorce

Read on to learn the top 10 rules for protecting kids during a divorce. Divorce can get nasty and a lot of times parents don’t consider the emotional toll it can take on the children. Below are some rules parents should keep in mind when going through a divorce. Don’t Make the Child Choose a Side Children instinctively love both their parents and being asked or expected to choose a side can be severely traumatic for a child. It’s natural for a child to want to please both parents so expecting them to be on one side or the other…

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