Category: Divorce

Category: Divorce

Answers to your common divorce questions in Texas.

by Ramos Law Group, PLLC
Divorce
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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 their divorce.  This just means if you want an annulment, be prepared to go in front of the Judge with facts demonstrating you meet the statutory requirements.

In Texas, an annulment can only be granted if the following statutory grounds are met:

  • UNGERAGE: If the marriage of a person 16 years or older but under 18 occurred without parental consent or court order, the court may grant an annulment.  See Tex. Fam. Code §6.102.  Unless a court order has been obtained, any marriage to a person under 16 will be declared void by the courts.  See Tex. Fam. Code §6.205.
  • INTOXICATION: If the petitioner was under the influence of drugs or alcohol and therefore did not have the capacity to consent to marriage, the court may grant an annulment ONLY IF the parties did not voluntarily cohabitate (live together) after sobering up.  See Tex. Fam. Code §6.105.  If you moved in together, and tried to make it work, you DO NOT meet the statutory grounds required to grant an annulment.
  • IMPOTENCY: If at the time of the marriage, either party was permanently impotent, the court may grant an annulment ONLY IF the petitioner did not know of the impotency at the time of the marriage AND did not voluntarily cohabitate since learning of the impotency.  See Tex. Fam. Code §6.106.
  • FRAUD, DURESS, OR FORCE: If fraud, duress, or force was used to induce the petitioner into marriage, the court may grant an annulment ONLY IF the petitioner did not voluntarily cohabitate with the other party since learning of the fraud or since being released from the duress or force. See Tex. Fam. Code §6.107.
  • MENTAL INCAPACITY: The requirements for an annulment granted on the basis of mental incapacity depend on who is bringing the suit.  If the petitioner is the person with the incapacity (or their representative), then the court may grant an annulment ONLY IF at the time of the marriage they did not have had the mental capacity to consent to the marriage or to understand the nature of the ceremony because of mental disease or defect AND they did not voluntarily cohabitate with the other party during a period when they possessed the capacity to recognize the marriage relationship.
    If the petitioner is the party without the mental incapacity, the court may grant an annulment ONLY IF the petitioner did not know of the mental disease or defect at the time of the marriage AND has not voluntarily cohabitated with the other party since the date they discovered (or reasonably should have discovered) the mental disease or defect.  See Tex. Fam. Code §6.108.
  • CONCEALED DIVORCE: If at the time of the marriage, the petitioner did not know that the other party was divorced from a third party within the 30 days prior to the ceremony, the court may grant an annulment ONLY IF the petitioner did not voluntarily cohabitate with the other party since learning of the fact of divorce.  See Tex. Fam. Code §6.109.
  • MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF LICENSE: If the marriage ceremony took place within the 72 hours following issuance of the marriage license, the court may grant an annulment ONLY IF the annulment is sought within the 30 days following the ceremony.  See Tex. Fam. Code §6.110.
  • CONSANGUINITY:  If the parties are related too closely by blood, as close as or closer than cousins, the marriage will be declared void by the court.  See Tex. Fam. Code §6.201.
  • PREEXISTING MARRIAGE: If either party is married at the time of the marriage ceremony, the later marriage will be declared void by the courts.  However, if after the earlier marriage is dissolved, the parties continue to live together AND represent to others that they are married, the marriage can become valid.  See Tex. Fam. Code §6.202.

These are the general grounds that will support an annulment in Texas.  Anyone seeking a divorce or annulment in Texas should consider seeking the advice of an experienced family law attorney to see whether their individual circumstances meet the criteria, and what the benefits of seeking such an option might be.

by Ramos Law Group, PLLC
Divorce
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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 access, child support, and medical support.  If you and your spouse have reached an agreement as to all of the above that apply to your situation, then you can proceed with an uncontested divorce.

In the process of an uncontested divorce, our office would be retained by you and would only represent you during the process and your spouse would have to be agreeable to not hiring his or her own attorney.  He or she may still obtain legal advice by taking a copy of the decree drafted by our office to another attorney for review before signing.

Once retained by you, our office would file a petition for divorce on your behalf.  After the petition was filed by our office, we would draft a document entitled “Waiver of Service” to be sent to your incarcerated spouse along with a copy of the filed petition for divorce.  The Waiver of Service is a document that is signed by your spouse that indicates the he or she has received the petition and does not want to be served with formal notice of the divorce, among other things.  The Waiver of Notice and the Petition can be mailed to your incarcerated spouse.  Normally, a Waiver of Notice must be signed by the individual and notarized.  However, effective September 1, 2015, the requirement that the waiver must be signed before a notary public does not apply if the party executing the waiver is incarcerated.

Once your incarcerated spouse has signed and returned the waiver, our office will prepare an Agreed Divorce Decree based on the agreement you have reached with your spouse.  After you have approved the decree, you can forward the decree to your spouse for signature.

After you and your spouse have signed on the final decree, we will file it with the appropriate court along with all necessary supporting documents and coordinate your court appearance for a date more than sixty days after your original petition was filed.  The Court appearance will be first thing in the morning in front of the Judge and will entail you answering questions under oath about your marriage, your residency, and your agreement with your spouse.  At that hearing, the Court will grant your divorce.

Second, you may obtain a divorce from your incarcerated spouse through a contested divorce.

If you cannot reach an agreement with your spouse, you may still file for divorce.  As with the uncontested process, we would draft and file a petition for divorce on your behalf.

After the petition is filed, he or she would have to be personally served with the citation.  If you are unable to have him or her personally served at the place where he is incarcerated, you will have to file a motion for alternative service to have the court allow you to serve your spouse by substituted or alternative service.  If the Court grants substituted or alternative service, then you can proceed with service as ordered by the court.

Once your spouse has been served with the petition, he or she has until the Monday after the expiration of twenty days to file an answer with the court.  If your spouse files an answer, our office can begin the contested process by either sending a proposal or attempting to coordinate mediation.  If your spouse does not answer, even after the sixty-day waiting period has expired, you can appear before the Court and obtain a default divorce by having a hearing.

by Ramos Law Group, PLLC
Child Custody, Divorce, Parental Alienation Syndrome, Visitation and Access
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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 you have the right to establish the child’s residence within Houston (Harris and its contiguous counties) and/or your hometown.

However, if your spouse is not agreeable, it is likely that your ability to move could be restricted to a geographical area.

Section 153.001(a) of the Texas Family Code states:

The public policy of this state is to:

(1)   assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;

(2)   provide a safe, stable, and nonviolent environment for the child; and

(3)   encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

When rendering an order appointing parents as joint managing conservators, the court shall designate on conservator as the one the has the exclusive right to determine the primary residence of the child. Additionally, the court shall specify either the geographic area within which that conservator can establish the child’s primary residence or that the conservator can establish the child’s primary residence without regard to geographic area.

The Texas family Code does not explicitly state the factors a trial court should consider in deciding whether a geographic restriction would be in the best interest of the child. However, there are a number of things that courts have looked at in the past, including, but not limited to the following:

  1. reasons for and against the move;
  2. the opportunities afforded by the move;
  3. whether the move could assist in meeting the child’s special needs or unique talents;
  4. effect of move on relationships with extended family;
  5. the effect on the noncustodial parent’s visitation and communication with the child;
  6. the child’s age; and
  7. the noncustodial parent’s ability to relocate.

Also, it is important to note that even if you are appointed as sole managing conservator of your son the court still can restrict the ability to designate the primary residence of the child. Although the section of the Texas Family Code that deals with the appointment of the rights and duties of a parent who is appointed sole managing conservator does not specifically mention a geographic restriction, it does say that the rights can be limited by order of the court.

by Ramos Law Group, PLLC
Child Custody, Divorce
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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 is thinking about moving out of the state, the best way to keep them from taking your child with them, is to speak to an attorney about getting a formal custody agreement in place.  It is best to get the momentum on your side BEFORE the move, so acting sooner rather than later is key.  The courts are much less likely to order that a child be returned to the jurisdiction than they are to order they remain in the jurisdiction.

Once an agreement is in place, the parties’ rights to possession and access to the child will be set by order of the court.  Generally, this will include a geographic restriction.  For example, a final order in a suit for custody in Harris County, Texas will often include a provision restricting the residence of the child to Harris and contiguous counties.  This is quite a large area including Montgomery, Liberty, Chambers, Galveston, Brazoria, Fort Bend, and Waller Counties.  A geographic restriction means that if the other parent is the joint managing conservator with the right to designate the residence of the child, they must do so within the geographically designated area.  In order to move out of the state, the other parent would first need to file a motion to modify the order asking that the geographic restriction be removed and show that such a move would be in the best interests of the child.

As far as traveling out of the state with the child, often once there is an agreement in place, the only requirement is that the domestic travel take place during their period of possession.  Many agreements also require written notice outlining the child’s travel itinerary be provided a certain amount of time prior to the trip.  Parties can even go so far as to require that the other parent consent before any domestic travel.  For international travel, there may be additional restrictions regarding passports and consent.  If there are concerns about the other parent traveling with the child, make sure to discuss them with your attorney so that they can be addressed in the final order.

by Mary E. Ramos
Child Custody, Divorce

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 year is to one custodial parent. The following year the second custodial parent would have that holiday. So you would rotate, even in odd years. There are two halves of Christmas Break every year. Typically, the parent who exercised the Thanksgiving holiday will then have the second half of Christmas Break so that the other parent will then have Christmas. And you guys will rotate that every year.

Typically, Christmas Break does start from the beginning of the Christmas Break or Winter Break for the school year and ends at noon on the 28th with the second parent picking up noon 28th and returning the child after school begins following the Christmas Break. You guys will rotate that every year. There’s also Spring Break every year. Again, custodial parents will rotate years even in odd years. Mother’s Day will have Mother’s Day weekends for mothers. Fathers will have Father’s Day weekends for fathers. The extended 30 day summer time, 30 days for the non-custodial parent. Then there are the children’s birthdays. If you are in possession of your child on your child’s birthday, then the other custodial parent may come and pick up the child and the child’s siblings from 6 to 8 p.m. on their birthday to take them to dinner.

All of these standard possession orders and schedules for your children are in lieu of the two of you actually having an agreement between the two of you of when you want to actually exchange your children. If the two of you decide we’re going to do our schedule and put this order away in a drawer and never look at it, that is great and that is fine. But the minute you cannot agree, then you will refer to the order because that would be the least amount of time you would be entitled to.

Ramos Law Group, PLLC, your family law team of experts.

Video Transcription by Speechpad.com.

by Mary E. Ramos
Divorce, Family Law, 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 can agree to and sign off on it.

If it’s something that the two of you actually create, it is probably more likely better and more beneficial for your children to follow a mediated settlement agreement, as opposed to allowing the judge to make a decision on your case, being a complete stranger and just another case in the long line of cases that that judge has to rule on that day. You keep control of making decisions on your divorce by participating in successfully coming to an agreement during the mediation process.

Another good advantage to mediation is once we sign off on a mediation settlement agreement, there is no backing out of it. No buyer’s remorse. It’s a done deal. You wouldn’t be able to call me tomorrow and ask, “I kind of don’t agree with what we did in mediation last night. Can I change my mind?” The odds are very slim. It is pretty much a done deal.

So that saves a lot of money in trying to prepare to go forward and prepare for a hearing or a type of trial only to get down to the court and maybe being reset, have to come back on another day at the judge’s convenience, spending more money and time and not getting a result and not having the control that you would have over your life and your children and your finances. Ramos Law Group, PLLC, your family law team of experts.

Video Transcription by Speechpad.com

by Alfredo Ramos
Divorce
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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 MADE HIM WHAT HE IS” DOE are entitled to the joint and mutual temporary injunctions below.

IT IS THEREFORE ORDERED that the joint and mutual temporary injunctions are GRANTED, and JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. and JANE “I MADE HIM WHAT HE IS” DOE are immediately restrained, from:

  1. Communicating with the other party in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.
  2. Threatening the other party in person, by telephone, or in writing to take unlawful action against any person.
  3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication.
  4. Causing bodily injury to the other party or to a child of either party.
  5. Threatening the other party or a child of either party with imminent bodily injury.
  6. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.
  7. Falsifying any writing or record relating to the property of either party.
  8. Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties.
  9. Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value.
  10. Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party.
  11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by this order.
  12. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by this order.
  13. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order.
  14. Spending any sum of cash in each party’s possession or subject to each party’s control for any purpose, except as specifically authorized by this order.
  15. Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order.
  16. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.
  17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by this order.
  18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties’ child.
  19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties’ property or persons, including the parties’ child.
  20. Opening or diverting mail addressed to the other party.
  21. Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party.
  22. Taking any action to terminate or limit credit or charge cards in the name of the other party.
  23. Discontinuing or reducing the withholding for federal income taxes on each party’s wages or salary while this case is pending.
  24. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements.
  25. Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device.
  26. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at 1214 Miramar Street, Houston, TX 77006 or in any manner attempting to withdraw any deposits for service in connection with those services.
  27. Entering, operating, or exercising control over the motor vehicle in the possession of Petitioner.
  28. Disturbing the peace of the child or of another party;
  29. Withdrawing the child from enrollment in the school or day-care facility where the child is enrolled without the written permission of the other party;
  30. Permitting an unrelated adult with whom either party has an intimate or dating relationship to remain in the same residence with the child between the hours of 10 P.M. and 8 A.M.
  31. Hiding or secreting the child from another party;
  32. Making disparaging remarks regarding any party or party’s family in the presence or within the hearing of the child;
  33. Allowing others to make disparaging remarks regarding any party or party’s family in the presence or within the hearing of the child;
  34. Consuming alcohol within the 24 hours before or during the period of possession of or access to the child;
  35. Transporting the child as a driver in a motor vehicle within the previous 8 hours of having consumed an alcoholic beverage, or permitting a third party who has consumed alcohol within the previous 8 hours to so transport the child;
  36. Ingesting, consuming, or using any narcotic substance within the 48 hours before or during the period of possession of or access to the child;
  37. Allowing others who have ingested, consumed, or used any narcotic substance within the 48 hours before or during the period of possession of or access to the child to have access to the child;
  38. Using corporal punishment for the discipline of a child or permitting anyone under either parent’s control to inflict such punishment upon either child;
  39. Communicating with each other through the child; nor
  40. Discussing any matters of the litigation with the child.

IT IS FURTHER ORDERED that each party is authorized only as follows:

To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.

To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

To engage in acts reasonable and necessary to conduct each party’s usual business and occupation.

Service of Writ and Waiver of Bond

JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. and JANE “I MADE HIM WHAT HE IS” DOE waive issuance and service of the writ of injunction, by stipulation or as evidenced by the signatures below.  IT IS ORDERED that JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. and JANE “I MADE HIM WHAT HE IS” DOE shall be deemed to be duly served with the writ of injunction.

This joint and mutual injunctions order is effective immediately and shall continue in force and effect until further order of this Court. This order shall be binding on JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR. and JANE “I MADE HIM WHAT HE IS” DOE; on JOHN “SHE’S NOTHING WITHOUT ME” DOE, JR.’s and NEDRA JANE “I MADE HIM WHAT HE IS” DOE’s agents, servants, and employees; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise.

SIGNED on ___________________

 

________________

JUDGE PRESIDING

AGREED AS TO FORM AND SUBSTANCE:

 

_______________ _______________
JOHN DOE, JR. JANE DOE

 

AGREED AS TO FORM ONLY:

 

Ramos Law Group, PLLC Big Money & Associates, P.C.
1214 Miramar Street 3355 W. Alabama, Suite 444
Houston, Texas 77006 Houston, Texas 77098
Tel: (713) 225-6200 Tel.: (281) 555-5000
Fax: (713) 225-6201 Fax: (281) 555-5001
info@ramosfamilylaw.com Tex@bigmoneyassociates.com
 

 
By:______________ By:______________
Mary E. Ramos Big Tex NewHouse
State Bar No. 24045170 State Bar No. 24099999
Attorneys for JOHN DOE, JR Attorney for JANE DOE
by Ramos Law Group, PLLC
Divorce, Family Law
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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

  1. 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.
  2. HB910.  This bill amends the law to permit the carrying of handguns that are not concealed.  Numerous provisions in the Family Code were amended to remove the word concealed.  Effective January 1, 2016.
  3. HB 1500.  This bill amends Section 156.006(b-1) of the Texas Family Code.  When filing a motion for a temporary order based on the allegation that the child’s present circumstances would significantly impair the child’s physical health or development, the person requesting the temporary order must execute and attach an affidavit based on his/her personal knowledge or representations made by someone with personal knowledge that contain the facts and support the allegation.   The court shall deny the relief and decline to set the matter for a hearing unless it determines on the basis of the affidavit that the facts are adequate to support the allegation.
  4. HB 1781.  Section 102.0045 of the Texas Family Code is modified to allow the sibling of a child separated for a sibling as a result of an action by the Department of Family Protective Services to file an original suit for access to the child.
  5. HB 3121.  Sections 157.001 and 157.062 of the Texas Family Code are amended to grant the courts broader authority with respect to enforcing temporary orders, including temporary restraining orders, standing orders, injunctions, and any other temporary order rendered by the court.
  6. HB 4086.  Section 201.015(a) of the Texas Family Code is amended relating to the right to a de novo hearing before the referring court after a temporary order was rendered by an associate judge in certain family law proceedings.

Senate Bills

  1. SB 206.  Effective September 1, 2016, Section 161.001(b) is amended to include that a parent who has been convicted of places on community supervision in another jurisdiction under a law that contains elements substantially similar to the elements of any the sections of the Penal Code listed in Section 161.001(b)(1)(L) of the Texas Family code can lead to involuntary termination of the parent-child relationship.
  2. SB 314.  Section 263. 409 is amended to include a requirement that the Department of Family and Protective Services provide a nonparent managing conservator of a child with an explanation of the differences between adoption and appointment as managing conservator and to inform them of the rights and duties of a managing conservator before the court renders an order appointing them as managing conservator.
  3. SB 737 (HB 1660).  Section 85.042 is amended to require courts to send protective orders to law enforcement by the end of the next business day and to permit transmission in electronic form.
  4. SB 812 (HB 1826).  Section 201.001 is amended to allow associate judges to hear and render orders on name change suits pursuant to Title 1, Chapter 45 of the Texas Family Code.
  5. SB 814.  Section 6.4035 is amended to remove the requirement that a waiver of service be sworn before a notary public if the party executing the waiver is incarcerated.  Also, the section is amended to prohibit the use of a digitized signature on a waiver.  In addition, parties are now authorized to waive the issuance or service of citation in suits to remove the disability of a minor, a suit to change the name of an adult or a child, or a suit relating to the parent child-relationship through amendment of sections 31.008. 45.0031, 45.107 and 102.0091.
  6. SB 815.  Section 6.501(a) is amended to include new forms of electronic communications and documents in temporary injunctions the court may issue and adds a list of additional protections of parties after filing for a divorce.
  7. SB 817.  Section 153.005, regarding the issuance of a protective order and the appointment of a managing conservator in certain family law proceedings is amended.
  8. SB 818.  Sections 153.076 is amended to add subsections (b-1) and (c-1) and amending subsection (d).  Section 153.076(b-1) require a court to order that each conservator of a child has the duty to inform the other conservator under certain circumstances concerning whether the conservator establishes a residence with someone subject to a protective order, lives with or provides unsupervised access to a child to someone subject to a protective order, or is subject to a protective order themselves after the date of the order establishing conservatorship.  Section (c-1) outlines the notice requirements and (d) is amended to include failure to provide notice required by (b-1) and (c-1) as Class C misdemeanor.
  9. SB 821 (HB 1825).  This bill amends the Texas Family Code to change the definition of school from a primary school to an elementary school and that elementary school includes prekindergarten.
  10. SB 1929.  Amends 155.207 of the Texas Family Code by extending the period from one to ten days for the clerk of the court to send to the proper court the required documents and adds that a certified copy of the order of transfer signed by the transferring court to the list of required documents.  Additionally, it adds that notice shall be given to the judge of the transferee court on the receipt of the documents, items that must be included in the order of transfer, and the authority of the court to which a suit is transferred to either retain an attorney ad litem or guardian ad litem appointed by the transferring court or to appoint a new attorney ad litem or guardian ad litem by wither the 10th day after receiving the order of transfer or the date of the first scheduled hearing after the transfer.
by Mary E. Ramos
Divorce, High Net Worth, Hiring a Divorce Lawyer


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 or fashion. Let us guide you in the divorce process and make sure you don’t step in any of those land mines in moving forward. We wanna make sure you get through the divorce process in the least financially impacting way and the most beneficial for you family and your situation.

Ramos Law Group, PLLC, your family law team of experts.

Video Transcription by Speechpad.com.

by Mary E. Ramos
Billing, Divorce, General, Hiring a Divorce Lawyer


Video Transcription:

Divorce can get expensive, especially when you have people that won’t agree to things. So attorneys get involved and expenses skyrocket. One of the ways that you can consider in reducing your attorney fees during the divorce process is to communicate via email to your attorney when you have questions and concerns. At my office, we request that you actually send them, questions one through five or so, in an email, so that they can be addressed and dealt with. We have an office policy to return all emails within a 24 hour period.

Another way is for you to gather documents, and do as much homework as you can do on your own to provide for us. The less amount of time that we have to actually work on your case, the less expensive it is for you, or another thing you can do to reduce the expenses would be to create a timeline of your case for me. I need a story. Your divorce case is a story, and the only way I’m going to be able to give that story, or to relay that story to the judge is to know what exactly is going on. This is your case, this is your marriage, these are your children, this is your life.

I need to know as much of the detail as possible so that I can relay that same concern to the judge. It’s like drawing a picture in a coloring book, and then coloring it in with as much detail as possible. We as people actually learn through pictures. And if I can portray that picture and that story to the judge, or the finder of fact, I am in a better position, better reach the goals that we have set out in your case for you. You’re my client, and I plan on fighting for you and your case.

Ramos Law Group, PLLC, your family team of experts.

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