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Author Archive: Chris Kirker

  • I Was Just Served Divorce Papers. Now What?

    Posted on August 2, 2021 by Chris Kirker

    Most people never want to end up being involved in a lawsuit or the judicial system. But sometimes we get pulled into a legal matter due to another person’s initiation of a proceeding. Just because you did not initiate the legal action does not mean that you are free to ignore it. Once papers have been served, the legal clock automatically star...

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  • Should I Change My Will After a Divorce? How Should I Change My Will After a Divorce?

    Posted on July 26, 2021 by Chris Kirker

    After a divorce, Texas statute prohibits former spouses from inheriting or acting as fiduciaries to a former will that was created prior to the dissolution of the marriage. Texas Estates Code 123.001. However, although the statute prohibits a former spouse from taking property or acting as a fiduciary under the will you should still update your w...

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  • Can I Collect Arrearages for Out-of-State Alimony?

    Posted on July 19, 2021 by Chris Kirker

    Unlike many other states, Texas does not offer divorcees a right to spousal maintenance or alimony. Instead, specific requirements must be met in order for a court to award spousal maintenance, and such awards are for a limited period of time. Despite Texas law’s strictness in ordering spousal support relative to other states, Texas courts will...

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  • The Development of Electronic Wills

    Posted on July 12, 2021 by Chris Kirker

    Historically, wills must follow certain testamentary formalities. These formalities include a physical document,  the testator’s signature, and signatures from at least two witnesses. See Tex. Estates Code § 251.051. These formalities were first alluded to in the Statute of Frauds in 1676 and English Wills Act of 1837 to ensure the existe...

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  • What happens when someone interferes with my possession periods?

    Posted on July 5, 2021 by Chris Kirker

    Courts regularly award possessory rights related to a child through divorce decrees and custody orders. Unfortunately, problems can arise after this order when one of the parties violates the order by denying the other party access to the child when it is his or her period of possession. When a person takes, retains, or conceals a child at a t...

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  • How Should Social Media Be Used During a Divorce?

    Posted on June 28, 2021 by Chris Kirker

    Social media has fundamentally impacted modern divorce proceedings. Nowadays, social media can be used as evidence of a spouse’s infidelity, harmful behavior, or hidden assets. While social media can evidently prompt filing for divorce, how should social media be used during a divorce? While it can be tempting to use social media as an outlet f...

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  • FAQ – What Is The Difference Between A Living Will & a DNR (Do Not Resuscitate Order)?

    Posted on June 14, 2021 by Chris Kirker

    Advance medical directives communicate to doctors a person’s wishes when they are unable to communicate their wishes themselves. Two common types of advance medical directives are Living Wills (called a “Directive to Physicians” by statute) and DNRs (Do Not Resuscitate). Each document serves a unique function and is important to understand ...

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  • Should I Change My Will After a Divorce? How Should I Change My Will After a Divorce?

    Posted on June 7, 2021 by Chris Kirker

    After a divorce, Texas statute prohibits former spouses from inheriting or acting as fiduciaries to a former will that was created prior to the dissolution of the marriage. Texas Estates Code 123.001. Although the statute prohibits a former spouse from taking property or acting as a fiduciary under the will, this does not mean that you should not...

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  • How Soon After Getting Divorced Can I Remarry Again?

    Posted on May 31, 2021 by Chris Kirker

    Texas requires a 30-day waiting period after the issuance of a divorce decree to remarry. Texas Family Code 6.801. Texas requires a waiting period since each spouse has the right to appeal the decision within 30 days of its issuance. In other words, the purpose of the 30-day waiting period is to ensure the divorce has been finalized before allowi...

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  • What Should I Do if My Spouse Tells Me to Move Out?

    Posted on May 24, 2021 by Chris Kirker

    If your spouse tells you to move out, you should consult a family law attorney before doing so. There can be negative legal consequences that result from moving out of the marital home. Generally, your spouse cannot force you out of the marital home without your agreement or a court order. During divorces, judges often grant temporary orders to p...

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