Divorce, or a child custody suit, is already a stressful time for families. A common part of either suit is the implementation of temporary orders. Now, temporary orders do not refer solely to restraining orders or protective orders. Temporary orders in the family law context are a way deciding common points of contention for the duration of the t...
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Read moreEveryone should know the consequences of divorce prior to seeking one. Most people think that they know the basics: divorce legally ends the marriage, it divides the marital property, and it allocates child custody between the parents. But not everyone knows the full consequences of their impending divorce in terms of the financials, and this is c...
Read moreShort answer: in general, yes. Typically, when a divorce goes to trial it as a bench trial with the judge issuing a final decision on all matters of contention. However, Texas is actually one of only a few states that allows a party to request a jury trial in a divorce proceeding. Even then, they are still relatively uncommon. The Texas Family Cod...
Read moreIn order to obtain a divorce in Texas, a petitioner must prove to the court that there is at least one ground for granting the divorce. Texas law divides grounds for divorce into two categories: No-fault grounds Fault grounds. The Texas Family Code classifies adultery as a fault-based ground for divorce. Under Texas law, and for the purposes...
Read moreWhile many people consider their pet(s) a part of the family and love them just like a child, Texas child custody laws do not apply to pets. Rather, for the purposes of divorce, pets are characterized as either separate or community property. A pet purchased or adopted by one party prior to the marriage or gifted to one party during the marriage i...
Read moreMy Spouse and I Live in Different States Now, Can I Still Get Divorced in Texas? Spouses often decide to “take a break” and live separately for a while and sometimes the spouses live separately in different states. (Don’t forget that Texas does not recognize a legal separation). Sometimes the spouses work things out and get back together, b...
Read morePremarital agreements, also called prenuptial agreements, are a great tool in protecting the interests of you and your soon-to-be spouse. Premarital agreements can be the source of contention for many couples. A few commonly asked questions and topics to consider are outlined below: 1. What can premarital agreement cover? Parties who enter into a ...
Read moreChances are if you are thinking about divorce, you have looked into the steps involved and have found complicated or conflicting information about the process online. Kirker│Davis is here to help. The following is the divorce process in a nutshell: Consult an attorney: Divorce may seem simple if both you and your spouse have agreed to get one...
Read moreMost divorces are “no fault” divorces in which the spouse only needs to claim that they are no longer compatible with the other spouse and that they do not reasonably expect to reconcile with their spouse. In contrast, a fault-based divorce involves one or both of the spouses claiming that the other spouse is at fault for the breakup of the m...
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