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Category Archive: Divorce

  • When is Court Inevitable in a Divorce?

    Posted on August 2, 2023 by Holly Davis

    1. When you’re dealing with a bully. No matter what you say or how great your offer is, you have to go to court if the opposing side is dead set on intimidating you or emotionally manipulating you to achieve a better result for themselves. You need a neutral judge to decide on what’s fair. 2. When you receive an offer worse than your worst ...

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  • What is Common Law Marriage in Texas?

    Posted on February 2, 2023 by Chris Kirker

    Not all marriages in Texas are formal. We are all familiar with a marriage where a marriage certificate has been applied for, a ceremony is conducted by a member of the clergy, a judge or justice of the peace, or other person legally authorized to officiate at a wedding, and the marriage certificate is then filed with the county clerk’s offic...

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  • Should I Change My Will After a Divorce?

    Posted on October 17, 2022 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 ...

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  • I Was Just Served Divorce Papers. Now What?

    Posted on October 3, 2022 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 sta...

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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 ...

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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 allow...

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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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  • Does Verbal or emotional Abuse Matter in My Divorce?

    Posted on May 3, 2021 by Chris Kirker

    Divorces can be caused by many things, including verbal or emotional abuse. If verbal or emotional abuse is present in a marriage, the spouses may wonder how it will affect their divorce. While verbal or emotional abuse will not change whether or not a court grants a divorce, it can lead to divorce terms that benefit the verbally abused spouse. ...

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  • How Do I Protect My Assets In A Divorce?

    Posted on April 26, 2021 by Chris Kirker

    Many people considering a divorce worry about their financial future after splitting from their partner. They may have a valuable business that they don’t want to split up, or a sentimental piece of family property that they want to protect. Without proper planning, these assets might be divided in a divorce, or even given entirely to the othe...

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