Difference Between A Divorce And Annulment In Texas Family Law?

Difference between a Divorce and Annulment in Texas family Law?

The difference between a divorce and an annulment in Texas family law lies in the validity of the marriage.  A divorce, puts a legal end to a valid marriage.  An annulment, legally invalidates a marriage.  It treats the marriage as if it never existed, but the petitioner (the person bringing the suit), must be able to prove the facts surrounding the marriage meet very specific statutory grounds.  Herein lies another difference between a divorce and an annulment in Texas family law; in a divorce, the parties may plead “no fault” and therefore do not have to prove the grounds of…

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How Do I Divorce An Imprisoned Individual?

How do I divorce an imprisoned individual?

There are two manners in which one can obtain a divorce from an imprisoned individual. First, you may obtain a divorce from an incarcerated individual through an uncontested divorce. To obtain an uncontested divorce, you and your spouse would have to be in agreement with respect to getting divorced and to all related terms.  If you and your spouse only have property and/or debt, you will have to be in agreement as to how those items get divided in the divorce.  If you and your spouse have children, you will have to be in agreement as to conservatorship, possession and…

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Can I Relocate From Texas To Another State With My Kids?

Can I Relocate From Texas To Another State With My Kids?

First and foremost, if your spouse is agreeable to you relocating to another state with your kids, then you will be free to do. The divorce decree would have to specify that you are the conservator with the exclusive right to determine the primary residence without regard to geographic location or within a certain geographic area that includes the area to which you would like to relocate. Please keep in mind that an agreement with your spouse could include a geographic restriction that includes more than one place. For example, you could agree to a geographic restriction that says that…

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Can My Daughter’s Father Take Her Out Of State?

Can my daughter’s father take her out of state?

Yes, if there is no custody agreement in place, the father of your child may take them out of state.  Until there is an order of the court in place regarding custody, both parents have equal rights to possession and access of the child.  This means that both parents can make decisions regarding the child, including where to go on vacation and whether or not to move out of state with the child.  Although these actions may be frustrating, without a court order in place, they do not constitute kidnapping. If you feel that the other parent of your child…

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Standard Possession Order in Texas

Video Transcription: The Standard Possession Order in Texas comprises of a weekend possession calendar, which is normally the 1st, 3rd, and 5th weekends and a Thursday during the school year, for a weekday period of possession. You also have to include a possession calendar for the holiday schedule. You would determine when the holiday schedule would actually begin based on the school district that your child is enrolled in, or if your child is not enrolled in school, the school district that he would be enrolled in. To determine when your holidays would start, we would technically include Thanksgiving. One…

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What are the benefits of mediation?

Video Transcription: Ninety percent of cases are actually resolved in mediation. You and I will meet in one room and most of the time, the other attorney and their client will meet in a separate room and the mediator will then go back and forth between both rooms to try and come up with an agreement. Most of the time, one spouse starts with this type of idea where they think they want to be and so does the other spouse. So through the mediation process, we compromise to the point where we can both live with something that we…

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Sample Agreed Temporary Mutual Injunctions

Sample Agreed Temporary Mutual Injunctions

NOTICE:  THIS DOCUMENT CONTAINS SENSITIVE DATA 201511111 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF §     §   JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. §   AND § 310th JUDICIAL DISTRICT JANE “I MADE HIM WHAT HE IS” DOE §     §   AND IN THE INTEREST OF §   JILL “CAN’T WE JUST GET ALONG” DOE, A CHILD § HARRIS COUNTY, TEXAS AGREED TEMPORARY MUTUAL INJUNCTIONS The Court examined the pleadings JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. and finds that JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. and JANE “I…

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Texas Legislative Updates In Family Law September 2015

Texas Legislative Updates In Family Law September 2015

The following is a list of House Bills and Senate Bills that have caused changes, effective currently unless otherwise noted, in the area of Family Law: House Bills HB 826.  This bill amends Section 105.006 (e-2) of the Texas Family Code to require additional mandatory language in orders that orders child support.  The orders are now to include a boldface statement in capital letters that outlines the circumstances under which the court may modify a child support order. HB910.  This bill amends the law to permit the carrying of handguns that are not concealed.  Numerous provisions in the Family Code were…

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Why Choose A Board Certified Attorney?

Why Choose a Board Certified Attorney?

Why choose a Board Certified attorney over a non-Board certified attorney in the state of Texas? There are several reasons why choosing a board certified attorney could mean a better experience for the client and a more favorable outcome for their case.  Becoming a Board Certified attorney requires that an attorney in the state of Texas to have practiced law for at least five years, with a minimum of three years in the specialty area. After passing an evaluation by fellow lawyers and judges the attorney must take and pass a 6-hour written certification exam, the attorney is required to…

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Things not to do during the divorce process

Video Transcription: Things not to do during your divorce process. Don't date. Don't do drugs. Don't drink and drive. Don't use your children as pawns or put them in the middle. Don't dredge on the past of your divorce process. Let the past be the past. We're trying to move forward. It's not gonna be beneficial emotionally or financially for you to focus on the past when we're trying to get you moving forward. If you need counseling to deal with issues in the past, that's probably a good idea to seek counseling or a support group in some form…

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