How Long Can I Receive Spousal Maintenance?

If a court has determined that you have met the burden of proof for needing spousal maintenance, the next step is determining for what period of time you may be eligible to receive spousal maintenance. The Texas Family Code previously stated that a party could only receive spousal maintenance for a maximum of three years. The Code was recently amended and now states that a person is eligible to receive spousal maintenance for the maximum of:

Read More

I had a child while married but my husband is not the father.

Under Texas Law and the Texas Family Code, a child born during a marriage is presumed to be the child of the husband and wife.  This means that the husband of the marriage is presumed to legally be the father, not the biological father. So if a woman gives birth to a child whose father is not her husband, her husband is still presumed to be the father unless additional steps are taken to adjudicate the paternity of the biological father. 

Read More
Social Networking During A Divorce – Facebook & Google+

Social Networking During a Divorce – Facebook & Google+

Social networking is a popular past time in today’s society. Facebook currently has more than 901 million active users and Twitter currently has 500 million active users.  There are countless other sites such as YouTube, LinkedIn or MySpace that serve as outlets for people to share their lives.

The chances are good that you or your spouse have a social networking account, so it is very important realize that what you post on your social networking site can have consequences on your divorce. According to a survey by the American Academy of Matrimonial Lawyers, in the past five years 81 percent of its members had used or faced evidence collected from social media websites during divorce proceedings. Below are some tips to help you keep your social networking from having a negative impact on your divorce.

Read More

I Just Got Served With Divorce Papers! What Now?

Now that you have been served with an Original Petition for Divorce, you are the “Respondent” in your divorce case. As the Respondent, it is crucial that you act as soon as possible to protect yourself and avoid having a default judgment taken against you.
Once you have been served you have roughly 20 days to file an answer and make an appearance in your divorce suit. If you fail to make an appearance within the allowed time period, your spouse can go forward with a Default hearing, where often they are granted everything they request in divorce court. This means they can be awarded property and rights related to your children that you are entitled to (Child Custody).

Read More

I Want A Divorce! But How Do I Know If I Am Common Law Married?

How do I know if I am common law married?

In order to obtain a divorce in Texas, a Court must determine that there is in fact the existence of a marriage. If the parties were not married the “traditional” way and granted a marriage license, then the only way to get a divorce is to prove to the Court that you are common law married.

Texas recognizes informal marriages and the Texas Family Code has a provision which governs the existence of such marriages. There are two ways to prove the existence of a common law marriage, by formal documentation or by evidence presented to a court.

Read More

Can A Same-Sex Couple Obtain A Divorce In Texas?

In a word, no. Marriage laws are governed by the individual states. Some states have recently recognized the validity of the marriage between a same-sex couple. The State of Texas, however, only acknowledges the existence of marriage between a man and a woman. As such, Texas does not recognize the validity of a same-sex marriage granted in another state. Because a same-sex marriage does not technically exist in the eyes of the Texas law, the state may not grant a divorce.

Read More
Search