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3 Myths About Divorce in Texas

 Posted on July 04, 2024 in Divorce

Prosper, TX divorce lawyerExcept for family law attorneys, most people have misconceptions about divorce. Even those who have been through divorce themselves only know the process as it pertains to their particular circumstances. Your newly single friend, for example, may warn you that you will "lose everything" in the divorce. However, just because that happened to him does not mean it will happen to you. 

Not only is everyone different, but divorce laws also vary from state to state. It is understandable, therefore, why there are so many misunderstandings and myths about divorce. 

This article will discuss three of those myths. As always, it is best to seek a Texas divorce lawyer’s guidance regarding any questions you have about divorce.

Myth #1: Property Is Divided Equally

Many people are under the impression that when spouses get divorced, they split the community property in half. Community property is what Texas law calls assets that belong to both parties. Usually, these are possessions that were acquired by either spouse during the marriage.

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Are Student Loans Divided in a Texas Divorce?

 Posted on June 22, 2024 in Divorce

Denton County, TX divorce lawyerStudent loans are becoming an increasingly hot-button issue in the United States. Around 43 million American taxpayers — or about 13 percent of the population —  collectively owe approximately $1.74 trillion in student debt. The average household owes an estimated $55,347 in student loans, though the number fluctuates depending on the degree and institution.

People who get divorced often want to know what will happen to their student debt. After all, community property — possessions that either spouse acquires during the marriage — is divided in a divorce. Is debt also divided? And if so, how?

The short answer is that community debt is divided in a divorce. To find out how your specific debt will be affected, consult a Texas community debt attorney.

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5 Signs It Might Be Time to Hire a New Texas Divorce Lawyer

 Posted on June 06, 2024 in Divorce

Prosper, TX divorce attorneyDivorce in Texas is not easy, but it also does not have to be incredibly difficult. There are several factors that determine how complex your divorce will be, including:

  • How many issues you and your spouse disagree on

  • The amount of wealth to be divided between you and your spouse

  • Disputes about child custody

One of the biggest things that determines the difficulty of your divorce, however, is your divorce lawyer. A great attorney will make the divorce process as smooth as possible and defend your interests in all issues. A bad attorney, on the other hand, can turn even a simple divorce into a nightmare.

Here are five signs that you might need to hire a new Texas divorce lawyer.

Lagging Communication

The divorce process is not quick, especially if it is contested. Legal procedures take time. But your attorney should still be getting back to you in a timely fashion. If you find that your questions to your lawyer are going unanswered for weeks, or if he or she is taking days to confirm receiving documents from you, it might be time to look for a new attorney.

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How Can I Get a Default Judgment in a Texas Divorce?

 Posted on May 26, 2024 in Divorce

Collin County, TX default divorce lawyerAnyone who wants to get divorced in Texas must follow a strict legal process. After contacting a divorce attorney, the first step of that process is filing for divorce. This means that the petitioner — the spouse filing for divorce — fills out and signs a Petition for Divorce, which is submitted to the court clerk. A copy of that petition is served to the other spouse, called the respondent.

The respondent is usually required to respond to the petition by 10 AM on the first Monday after 20 days have passed. If he or she fails to meet that deadline, the petitioner may get a default judgment from the court.

This article will discuss what a default judgment is and what happens if a default judgment is granted.

What Is a Default Judgment?

A default judgment means that the court will proceed with the divorce case without the respondent. If there is no respondent, there is no opposition. Therefore, the judge is likely to grant the wishes of the petitioner in many of the issues that come up during divorce, such as:

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5 Ways to Prepare for a Divorce in Texas

 Posted on May 08, 2024 in Divorce

Prosper, TX divorce lawyerDivorces are often thought of as bitter, hostile, emotionally taxing procedures, and for good reason. Few divorces in Texas are uncontested, which means that the parties agree on all divorce-related issues. Most of them are contested and spouses clash on important issues.

There are ways, however, to prepare for a divorce that can make the process smoother. Your attorney will be able to guide you through divorce preparation and what to expect.

Here are five ways to prepare for a Texas divorce.

Talk to Your Family

Once you know your marriage will be ending, sit down with your family members and gently break the news to them. While it is not an easy conversation — especially when you discuss it with your children — it is important for several reasons:

  • Your children need time to process the news of your divorce. The earlier you tell them, the more time they will have to adjust.

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Can My Social Media Posts Affect My Divorce?

 Posted on April 24, 2024 in Divorce

Prosper, TX divorce lawyerSocial media is often used to connect with friends and family. Some people even conduct their entire social lives online. So, when a life-changing event like divorce happens, it is natural to take to the keyboard and broadcast your feelings. You may even be eager to move on and want to start posting about your new single life.

But there is reason to be cautious when you post on social media during your divorce. If you are going through a contested divorce — where you and your spouse do not agree on all issues — your social media posts can work against you in some cases.

This article will discuss some of those cases. It is important to consult with a qualified Texas divorce attorney if you have any doubts about what you are posting on social media.

Child Custody

Texas law views child custody issues through the lens of the child’s best interest. So, if you and your spouse are fighting over child custody in court, a judge is going to look at several factors such as:

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Can I Establish Paternity in Texas if I Have a Criminal Record?

 Posted on April 10, 2024 in Child Custody

Propert, TX paternity lawyersWhen a married woman gives birth in Texas, state law automatically assumes her husband is the father. If the parents are unmarried, however, the father may need to establish paternity. This means that the father will not have rights and responsibilities to the child until his fatherhood is recognized by the state.

In general, Texas law does not make paternity conditional on the father’s past or conduct. Paternity is a matter of biological fact. Therefore, if a father has a criminal record, it is not likely to prevent a father from establishing paternity. Still, it is always best to consult a qualified family lawyer if you have questions about establishing paternity in Texas. 

Why Establish Paternity?

Registering yourself as the child’s father has many impacts on the life of the child, the child’s mother, and yourself. These include:

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What Is an Uncontested Divorce in Texas?

 Posted on March 23, 2024 in Divorce

TX divorce lawyerIt can be difficult and emotional for a couple to realize that the next step they should take is divorce. While there are the familiar and stereotypical couples on TV who fight it out in court and do everything in their power to try to punish each other, in truth, there are often couples whose marriage is not working but who still care for each other. There are also couples who no longer love each other but who still feel sad about breaking up with someone they used to share their entire life with. 

Marriage does not always need to end in an ugly and bitter divorce. For people who have good intentions of splitting up in a way that can be agreeable to both, an uncontested divorce might be a good option. This article will provide information about uncontested divorce, but if you think you would like to pursue this, you should speak with a Denton County, TX divorce lawyer to find out more.

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What Are the Benefits of a Texas Postnuptial Agreement?

 Posted on March 13, 2024 in Family Law

TX divorce lawyerThe concept of a prenuptial agreement is something many people are familiar with, even if they do not have a thorough understanding of what it entails. It essentially is an agreement signed by a couple before they get married that outlines various financial understandings and expectations for the marriage and should the marriage end. Since many people do not have a sufficient understanding of the benefits of a prenup and it is natural for engaged couples to avoid thinking they could end up getting a divorce, a lot of people opt out of signing one. With time, as maturity and the reality of merged finances set it, a couple might come to regret this. In these situations, they may decide to sign a postnuptial agreement. An experienced Propser, TX postnuptial agreement lawyer can explain your options.

How Can a Postnuptial Agreement Help Me?

There are several reasons a couple might want to sign a postnuptial agreement. For example, if you or your spouse have bought or started a business, as individuals or as a couple, a postnuptial agreement can help set your minds at ease about what would happen to this business in the event of a future divorce. Some couples decide to sign a postnup if they have made significant investments or high-value purchases of properties and assets, the division of which would have a large impact on their finances. Some couples draft a postnup if they are considering divorce; they may still try to work on their marriage, but the realization that divorce is a distinct possibility might inspire them to already work out what would happen with their finances later on. Other couples might have heard that having a prenup can give a married couple peace of mind, and so they sign a postnuptial agreement for the same purpose.

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What Are the Grounds for Paternal Testing?

 Posted on February 28, 2024 in Family Law

Collin County family lawyerDetermining paternity is an important legal matter with implications for child support, custody, inheritance, and more. In Texas, there are several grounds by which a court may order genetic testing to establish paternity. A Texas lawyer can help determine when testing may be in your best interest.

Contested Paternity

The most common reason for ordering a paternity test is when paternity is actively contested or denied. If a presumed father challenges paternity or an alleged father denies he is biologically related to the child, the court has the authority to require testing. This helps resolve doubts over the identity of the legal father.

Typically, the mother, father, or a governmental entity like the Office of the Attorney General may file a suit requesting the court settle the question of paternity. Genetic testing provides a definitive scientific answer when paternity is unclear or disputed.

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