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Category Archive: Divorce

  • What Do I Do If My Spouse Inherited the House, But I Made All Payments?

    Posted on June 13, 2018 by Chris Kirker

    If your spouse acquired the home through inheritance, a court may find that the home is characterized as that spouse’s separate property. However, you may be able to pursue a reimbursement claim for having reduced the principal amount of the debt owed on the home if funds used for the mortgage payments came from your separate estate or the commu...

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  • MY SPOUSE DIDN’T WORK, WHY IS MY SPOUSE OWED ANYTHING?

    Posted on June 8, 2018 by Chris Kirker

    For breadwinners of the family who are considering divorce, it can be frustrating to think that a non-working spouse may be entitled to a significant portion of your hard-earned wages. Understanding Texas community property concepts can help you move forward with the process and prepare a reasonable settlement proposal. In Texas, wages earned dur...

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  • What To Do If My Ex-Partner is Not In Compliance With Our Order?

    Posted on May 29, 2018 by Chris Kirker

    First, determine the severity of your ex’s violations of the Order. If possible, try to make progress by resolving any potential misunderstanding without court intervention. If multiple violations have occurred, keep a log. Write down the date and description of each violation. Be sure to also include a log of the steps you have taken in an eff...

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  • What is a Protective Order/Restraining Order?

    Posted on May 22, 2018 by Chris Kirker

    In some situations, a court may grant emergency relief in the form of a Temporary Ex Parte Protective Order or a Temporary Restraining Order. If family violence has occurred, a party with standing based on a relationship might pursue a Temporary Ex Parte Protective Order. Depending on the type of relief requested, the Respondent may have an opp...

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  • What Will Happen to Our Pets?

    Posted on May 2, 2018 by Chris Kirker

    In Texas, pets are considered property in a divorce context. Therefore, a family pet may be awarded to one party in a divorce proceeding. You may be able to prove your pet is separate property if it was acquired prior to marriage, given as a gift, or acquired through devise or inheritance. However, if your pet was purchased during the marriage, yo...

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  • How Do I Prepare for Court?

    Posted on April 10, 2018 by Chris Kirker

    Although different court appearances call for various methods of preparation, we can provide some general tips to consider for any appearance: Keep in contact with your attorney, and be responsive to requests for preparation sessions. This is particularly important if you are scheduled for a hearing where you may need to give testimony to the cou...

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  • Are You Entitled to Spousal Support?

    Posted on April 4, 2018 by Chris Kirker

    How can I get Alimony/Spousal Support? The Texas Family Code provides several avenues for a person to be considered eligible for spousal maintenance in a divorce case. Some of these provisions involve disabled parents or spouses who are victims of family violence. However, the two most important factors are; Whether you have a real financial n...

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  • What Are 8 Benefits of Mediation?

    Posted on March 21, 2018 by Chris Kirker

    Mediation is a process with guided negotiations, where both parties try to reach an agreement and resolve their dispute. It is a process aided by a mediator. Settling disputes through mediation can save money, eases the court load and more often than not it leaves parties in a better state of mind. There are a number of other significant benefits...

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  • What Is Common Law Marriage? Is there a Common Law Divorce?

    Posted on March 7, 2018 by Chris Kirker

    The state of Texas does recognize Informal Marriage, which is often referred to as “common law marriage” by many people. The Texas Family Code lists specific requirements for the existence of an informal marriage. An informal marriage may exist if the parties agreed to marry, the parties live together as spouses, and the parties “hold themse...

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  • How Can I Keep Costs Down During Divorce?

    Posted on February 27, 2018 by Chris Kirker

    One great way to keep costs down in any divorce case is to have all important information organized from the beginning. The more time you spend organizing your financial statements and property records, the easier it is for your attorneys to access the information they need for your case. This is an excellent way to reduce costs. Keep in mind th...

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