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How Do I Keep Separate Property Separate During Marriage?

Texas is a community property state, which means that there is a presumption that assets are community property, not separate property of a spouse. To overcome this presumption, one must be able to definitively show to a court that an asset was acquired before the marriage and has maintained its characterization as separate property. The key to maintaining the character of your property as separate is to avoid commingling the property with community property.

Penalties Levied by Child Support Enforcement In Texas

The State of Texas takes failing to pay child support very seriously; you can face several different types of penalties. These penalties include contempt, liens/foreclosures, suspension of licenses and child support liens. Failure to pay child support obligations is punishable by coercive and punitive contempt. A motion for enforcement by contempt can be filed with the court.

Top 5 Ways to Catch a Cheating Spouse

Studies have shown that social networking sites, specifically Facebook, are a contributing factor to infidelity. Facebook allows for affairs to blossom; reconnecting old flames or allowing a person to become friends with someone they met in passing. If your spouse is spending a lot of time on social networking sites or is being secretive about their online activities, it may be a sign that they are engaging in an affair.

How does bankruptcy affect my divorce case?

In today’s economic times, divorce and bankruptcy often go hand in hand. It’s important to know what role bankruptcy can play in a pending divorce suit. You may be able to file for divorce while you have a pending bankruptcy filing and the court may render judgment on issues such as child support or conservatorship issues. Many courts will not award property while your bankruptcy is still pending and your

I Want A Divorce But I Can’t Find My Husband

A person may still receive a divorce in the state of Texas if they are unable to locate their spouse, it just requires a few extra steps than a regular divorce. If you truly do not know where your spouse is living, you may petition the court to allow you to serve your spouse via publication.

Can I Waive the 60-Day Waiting Period for a Divorce?

Texas has a mandatory sixty-day waiting period from the date a person files an Original Petition for Divorce before they are eligible to formally receive a divorce from the Court. This is outlined in Section 6.702 of the Texas Family Code. In almost all circumstances, you will be required to wait the statutorily-required sixty days before you are able to finalize your divorce.

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:

Five Things To Do After Your Divorce Is Final

  1. Transfer of property

  2. Your Final Decree of Divorce will include language awarding property to you and your ex, however that is not the final step in the process of awarding property. Make sure that, if relevant to your case, documents such as Special Warranty Deeds, Deeds of Trust or Powers of Attorneys are signed, notarized and filed with the proper entities. Don’t wait until an issue pops up down the road to discover that you never transferred the title to a piece of property, make sure it’s all handled quickly after your divorce is finalized.

Top 5 Things to Avoid During the Divorce Process

  1. Don’t involve the kids

  2. Just don’t. Divorce is hard enough on children without added pressure or emotional blackmail coming from the parents. Don’t use your kids as pawns, don’t disparage your ex and don’t involve them in any pending litigation. It reflects poorly on you, your judge won’t appreciate it and it will have harmful effects on your children.

Should I Change My Passwords When Filing For Divorce?

With the news that 6.5 million LinkedIn passwords were recently leaked and the fact that internet security breaches are commonplace, the simple answer is YES.   However, simply changing your password doesn’t solve the underlying problem without an increase in the password complexity and frequency of password changes.  Yes, this means we all have to remember more complex passwords and change them more frequently but in the long run more secure passwords will keep your confidential information secure.

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