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

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 is harmful and cruel. Understand that a child has loyalty to both parents and…

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How does visitation work during the Holidays?

Holiday season is upon us and Texas parents working under a divorce or child custody agreement may be wondering how they will share custody of the child during the upcoming holidays. Ideally the parents will have mutually agreed to a custody plan the maximizes the time the children spend with their families over the holidays; however that may not be the case for all families.

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What do you wear to court for trial?

The idea of appearing in court to testify in a contested divorce or other family law matter can be terrifying for an involved party. A lot is on the line, including custody of children or property, and a person needs to put their best foot forward, both literally and figuratively. While the family law court system is decidedly more casual than other systems such as civil litigation or federal courts, it is important that litigants dress in an appropriate manner. Here are some tips for what to wear at a typical contested hearing, whether it’s for a divorce, child custody case, or any other family law issue.

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When Do You Need a Family Lawyer?

There is no denying that family life can get tough. For these difficult situations, sometimes it’s necessary to call upon the assistance of a legal professional who has experience in dealing with family issues. Divorce is the most common reason why people hire family lawyers in Houston, but it is certainly not the only one.

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