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Barbara L. Jouette, Attorney, P.C.
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Divorce Archives

What steps should I take after deciding to divorce?

One of the most difficult decisions you could ever make is to end your marriage. It is not a move you want to make without serious contemplation. But, if after much soul-searching, you conclude that filing for divorce is in your best interests, there are a few things you may want to do in preparation prior to announcing your intentions.

Parental relocation disputes

Child custody situations are often complicated and become even more difficult if the custodial parent chooses to relocate. This change could force the non-custodial parent to have a long distance relationship with the child. The non-custodial parent has the right to object to the relocation because it affects their visitation rights. It could also damage their relationship with the child because they will not be spending as much time together. The court always makes a decision that is in the best interest of the child. There are a number of things that are considered before a decision is made.

Are you eligible to receive alimony?

Divorce in the United States has become a common occurrence. According to the American Psychology Association, 40 to 50 percent of Americans who marry before the age of 50 will get divorced. This percentage means that family courts in the US are flooded with divorce related cases. Alimony, also known as spousal support, is the legal obligation of a person to support their former spouse financially after divorce.

What to do if your child has been relocated

A divorce settlement may cause arguments between a couple that result in disagreements about their visitation agreement plan. In Texas, the custodial parent is the guardian for their child and can either have sole managing conservatorship or joint managing conservatorship. Depending on the type of conservatorship, the primary parent may have the right to determine where the child lives.

Legal specifics of divorce in Texas

Many people have a slightly skewed or outright incorrect view of divorce in the eyes of the law and how the legalities can affect divorce proceedings. Some people are of the opinion that divorce is as simple as marriage, with both parties simply having to sign some documents and then go their separate ways. However, it is far more difficult to separate two lives than it is to join them, which is why there are important laws surrounding divorce that couples should know about.

Can I casually end my common law marriage?

In the state of Texas, if you live together you are of a legal age, you are technically considered and recognized as married by the state. As long as you are 18 or older, it is a very simple process to achieve a common law marriage status. You must live together and have told someone you are married. If you have ever signed up for a credit card as husband and wife, you are now considered married.

What does Texas' community property law mean for your divorce?

Unlike most states, Texas law has what is known as a community property state. Many understand the term "community property state" to mean that a couple seeking a divorce will find its marital property divided equally. However, is this really what Texas law means for your divorce?

Like any major decision in life, plan for your divorce

Going to college, getting married, buying a house, choosing private or public schools for your children, how much to put away or invest, all of these have an aspect of financial planning involved and are decisions and events not to be taken lightly. The same should be said about your divorce.

Why do I need a formal divorce if I am only common-law married?

In Texas, there exists a type of marriage termed common law. When a man and a woman live together and have indicated and have agreed that they are married, they are considered legally as married. This is without a ceremony and a certificate. If the man and woman have ever introduced themselves as married or referred to one another as husband or wife or have ever applied and signed for credit as a married couple, they have effectively presented themselves as married and fall into the classification.

How are pets handled during a divorce?

A majority of the people in Texas are pet owners, and many see their pets as members of the family. When a couple decides that divorce is their best option, a bitter battle might ensue over who keeps the beloved animals. In recent years, it has become more and more common to see pet custody disagreements reaching the courtroom.

Divorce Archives | McKinney TX Family Law Blog
Main Menu Practice Areas
Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Divorce Archives