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Houston Divorce Attorney: One of the goals that many potential clients of the Law Office of Bryan Fagan, PLLC have is to be able to see their child as much as the other parent once their family law case is done and over with. It doesn’t matter if we are talking about a child custody or divorce case- parents seem to want the same thing a lot of the time. This goal is usually held by the parent who believes that their child’s other parent will be the one to have primary conservatorship of the child (where the child lives with him or her primarily). The question that I always ask these folks is whether or not they’ve considered if a split custody situation is really something that they should aim for. Resolving the issue of a possession schedule is probably the most difficult issue to get past in a divorce at least from the perspective of issues that relate to the child. The State of Texas has laws contained in the Texas Family Code which get into a specific possession schedule that a judge can default to, known as the Standard Possession Order. If you and your spouse or child’s other parent cannot agree on a possession schedule in advance of the trial this is likely what a judge would order. The best interests of your child are to be considered The best interests of your child must be served by whatever schedule the judge comes up with and it may be that a split or 50/50 possession schedule is proven to be what is in your child’s best interest. A standard possession schedule is more like a 55/45 split in time with your child. This is close to a 50/50 split but not quite there, obviously. If you count yourself among those people who want to achieve a 50/50 split in time with your child then it is in your best interest to attempt to negotiate that sort of breakdown with your opposing party rather than leave it up to a judge. What sort of variations on a 50/50 possession schedule exist? Houston Family Lawyer: When we consider exactly what a 50/50 possession schedule is it is necessary to discuss that there are many different ways to accomplish your goal at least as far as laying out a schedule is concerned. For instance, older children can do well under a schedule where they alternate a week on with you and a week on with their other parent. The thought would be that, especially during the school year, a week on with one parent would allow for greater continuity, less time traveling and more quality time to spend with their parent and doing school work. Older children are more mature typically and have the emotional capacity to handle this sort of schedule better than younger ones who may need to see both parents with more regularity. One method of possession breakdown that I have seen be successful for parents is what is known as a 2-2-5. To illustrate this schedule a tad, you would have your child on Monday and Tuesday and your ex-spouse would have possession on Wednesday and Thursday. Friday, Saturday, and Sunday would be alternated between you and your ex-spouse so that one of you would have five straight days of possession every week. This allows for greater flexibility in terms of allowing your child to see both you and your ex-spouse with greater regularity while also instituting some extended periods of possession as well. Another common possession schedule is what is known as the 2-2-3. As you can probably infer, this schedule allows for more frequent contact with each parent throughout a typical week when compared to either the 2-2-5 or the week on/week off schedules. The 2-2-3 works similarly to the 2-2-5 with the only difference being that at the conclusion of the week if you have the child on Sunday your ex-spouse would have possession beginning on Monday. The following week would alternate, so on and so forth. This way nobody would get more than three straight days with the child. I’ve seen this schedule work well for younger children who don’t have a rigid school or extracurricular schedule and also want to see each of their parents more often. Consider whether a 50/50 schedule works best for you and your child A 50/50 possession schedule may work well for you and it may not. I know that’s not a very definitive statement but I can’t tell you with any certainty whether it would work for you and your family without knowing your individual circumstances. It may make sense to consider the following when deciding that issue for yourself: Do you get along with the other parent? You don’t have to love him or her to pieces or even be able to have a long conversation. You do need to be able to communicate easily and coordinate pick up/drop off situations with ease as they arise more frequently in 50/50 splits for possession. Think about your child’s age, school schedule, and extracurriculars. I’ve already discussed this issue somewhat but would ask you to think about it as it pertains to your child. If your child is involved with multiple school clubs or sports teams maybe a 2-2-3 wouldn’t work well because of the increased demands of traveling back and forth between mom and dad? Seriously consider the sort of schedule that allows you to have the most quality time with your child. This isn’t about your pride as a parent or attempting to limit the time your ex-spouse has with your child. This is parenting and the relationship with your child we’re talking about. If you don’t think you can get the quality time in with a 50/50 schedule you may be better off with less time but more quality time. Questions about possession schedules for your child? Contact the Law Office of Bryan Fagan, PLLC Divorce Lawyer Houston: If you have questions about possession schedules in the context of a divorce or child custody case please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys is available six days a week to discuss your case with you and to answer any questions you may have ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Co-parenting tools, systems and helpful knowledge for post-divorce life
Divorce Attorney Houston: Creating a system of keeping track of events, illnesses, habits and other aspects of your child’s life is essential to co-parenting well after a divorce. Many divorced parents fail to integrate a system of wellness and check-ups into their child’s life after a separation and the results can be disastrous for the child and the parents alike. While I would never say that I have seen and experienced everything as a family law attorney, I would say that I have witnessed people parent effectively and people parent ineffectively. My goal today is to continue to share what I believe to be the habits of ex-spouses who effectively co-parent after divorce. A Calendar- digital or on the wall I remember back in the days when going to the mall was an event, there would be little booths, kiosks and stands set up in the corridors where families would walk up and down in order to move from one store to the next. One of those kiosks was inevitably one where calendars would be sold. These calendars would usually have themes like football or kittens or marine life. Whatever the theme, there was clearly a time where on the wall calendars were a mainstay for many households. Flash forward to today and I don’t think this is the case. Outside of my own home, I can’t recall having seen a calendar hanging on anyone’s wall in the past few years. The reason is probably due in large part to the fact that there are online calendars available that serve the same purpose. Your email provider probably gives you access to an online calendar for free, in fact. Many co-parenting issues come about as a result of poor communication and bad planning. Using a calendar can nip these issues in the bud when it comes to co-parenting your child. A simple calendar can help you to plan out events up to twelve months in advance. If you are planning a vacation for yourself and your child in June you can fill that in on the calendar so that your ex-spouse has access to and knowledge of the event as soon as you can. I will note that if your final decree of divorce requires you to provide notice to your ex-spouse in writing of a trip during the summer, you must do so as well. The calendar is just another method for keeping track of everything. Telling your ex-spouse that you plan on taking your son to the beach for four days in June only leaves so much of an impression. However, showing him on a calendar that stretch of days and highlighting it in yellow leaves a more indelible image and imprint on his brain. Resolving conflicts through planning What if that expected beach trip coincided with another event that you had been planning for your child? It would be less than ideal to have the idea of this in mind but to not share it with your ex-spouse until late April. The calendar system allows you to take the calendar map out your year months in advance and hopefully, sidestep avoidable issues like this. I don’t know how you and your ex-spouse resolve contentious issues. One could surmise that due to the fact that you are now divorced, your methods for conflict resolution probably aren’t great. Despite this, the calendar allows for those discussions to come forth early rather than late. Reasonable people, of which I assume you are one, can come together to settle disputes with some ease if afforded the time to do so. The calendar provides you time by allowing one another to know how you plan on spending your time with your child during that year. Getting the calendar ready for January Houston Divorce Lawyers: Major retailers all sell calendars, so when you see a good deal on one go ahead and make the purchase. If you buy this year’s ask your ex-spouse to do the same next year if costs are an issue. Once the calendar gets home take an opportunity after your child is in bed or at the other parent’s home to map out the year. Take your time and take care to make sure that every foreseeable event is planned for. We tend to get excited about summer trips and the winter holidays, but your child’s school year calendar is probably the most important. Map out the Spring Semester for your ex-spouse based on the information that you are aware of. He or she can do the same once the calendar is turned over to him or her. Combine the hectic schedules of your child and you and you will quickly find yourself in mess after mess if you cannot anticipate events occurring in your child’s weekly schedule. Sports teams, extracurriculars, school projects, dances, and the list goes on and on. Fail to plan and you should plan to fail. Next, Summer Vacation should be looked at. If you are the parent with a visitation schedule you should look to make sure that you have provided the requisite notice to your ex-spouse of the time period that you intend to have visitation with your child over the summer. Once you have met this requirement in writing you should fill in your summer plans on the calendar. This way your ex-spouse can plan for when your child will be gone and can also begin to figure out when he or she will be taking their weekend during your 30 or 42-day visitation stretch in the summer. You may not have all the information available to you as far as planning the Fall Semester schedule for the following school year but you may have some dates that can be filled in. Once you find out the schedule for Thanksgiving and Christmas breaks you can fill those in along with which parent has what parts of the Christmas holiday. Taking calendaring to the next level All of these tips are tricks are helpful in and of themselves as far as I’m concerned. However, I can share with you some “next level” tips as far as helping you take the fullest advantage of the help that a calendar can provide you with. First of all, if you are the parent who is designated as being the one who should prepare the calendar you should have a deadline to send the calendar over to your ex-spouse for their review. Likewise, your ex-spouse should have a deadline by which he or she needs to turn the calendar back to you. This way he or she will be made to review the calendar immediately. Questions or concerns about any marks made within that calendar can be addressed sooner rather than later. Any conflicts or problems with the schedule can be addressed and negotiated upon. Once a final resolution is arrived at, a final draft should be done where both you and your ex-spouse can keep a copy in your respective homes. That calendar should be kept out someplace handy so that you both and your child can review it with ease. A year is a pretty long time, so I’ve been told. If you need a refresher just look at your calendar and it will hold all the answers you need. Medical Situations Examined in tomorrow’s blog post Family Law Attorney Houston: In situations where medical attention is needed for your child, or if you find yourself in a medical emergency, proper communication is essential to everyone’s well being. With this said, the family law attorneys with the Law Office of Bryan Fagan, PLLC hope you can return tomorrow to read more about this subject in particular. If you have questions about this subject please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. A free of charge consultation is available to you with one of our licensed family law attorneys six days a week ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Obtaining a divorce from a spouse in prison
Spring Divorce Lawyer: Normally if you want to get a divorce in Texas you follow the procedures in filing and obtaining a divorce that everybody else does. Sure, your divorce will have components and circumstances that make it stand out from the others but for the most part, the process is going to follow the same path as anyone else’s. While every divorce has it’s frustrating parts you can at least know that if you want to get a divorce then you can get one without much fuss. What happens though if your spouse is in jail? You may have lost touch with him or her and their ability to attend things like hearings and mediations will likely be limited due to their being incarcerated. Is there a way to even get divorced from an imprisoned person? The Law Office of Bryan Fagan, PLLC would like to walk you through the process of divorcing your spouse when he or she is in prison. Our office has represented clients who have been in this position and we would like to share how the process works. An uncontested divorce makes life easier for all parties involved It may be that you and your spouse are in communication with one another and you all agree that a divorce is the best option for your family. If you all not only agree to get a divorce but agree on all the issues that encompass a divorce then you have what is known as an uncontested divorce. This means that all issues regarding your children including possession, access, visitation, and support would need to have been agreed to. A division of your marital estate including property and debts is necessary for the divorce to truly be uncontested. You would be able to hire an attorney to represent you and your interests in the divorce and it is likely then that your spouse would not hire an attorney of his or her own. Your attorney would file an Original Petition for Divorce in the county where you all reside just as anyone else who was filing for divorce would do. The differences between your divorce and a typical divorce start here. A Waiver of Service would be prepared by your attorney wherein your spouse can agree to waive his or her right to be served with divorce papers. It is easiest to mail these documents to your spouse and have him or her sign and return them to your attorney. As soon as the paperwork is signed and returned to your lawyer an Agreed Final Decree of Divorce would be prepared to encompass all the parts of your divorce that are relevant. You and your attorney would review the document together and make sure it reflects the agreement that you and your spouse reached. Once it does, you will sign and it will be forwarded to your spouse for their review. Your spouse has the right at any point to hire an attorney to review the Decree if that is what they want. Once the document is signed by your spouse, your attorney will sign it and file with the clerk of the county in which your divorce is situated. One important thing to remember is that in Texas a divorce can (in most circumstances) only be completed once sixty days have elapsed since the time of the filing of your Original Petition to when you arrive at court for a Prove Up Hearing. A Prove Up Hearing is an opportunity for the judge to give a final review to your Divorce Decree to make sure it takes into account all the parts of a divorce agreement in Texas. Your attorney will ask you some basic questions to identify yourself, your spouse and your children (if any) and to discuss in brief the agreements that you and your spouse have come to. The judge will grant your divorce on that day. Signed copies of your Divorce Decree will usually be ready within a week or so. What if your divorce becomes contested? Houston Divorce Lawyer: Instead of having your spouse sign a Wavier of Service as we discussed earlier, a contested divorce needs a process server to pick up the paperwork from the courthouse after filing. Once the paperwork is ready, the process server will seek out your spouse and formally serve him or her with a copy of the Original Petition as well as a Citation which specifies the deadline for filing an Answer. It is possible that your spouse will file an Answer at which time your attorney can attempt to communicate with your spouse directly or their attorney if one has been hired. If an agreement can be reached informally then temporary orders can be agreed to while the terms of a final decree of divorce are worked out. Mediation is an option as well in the event that your spouse is able to be away from jail or prison for a few hours. Another option to conclude your divorce is if your spouse fails to file an Answer or otherwise make an appearance before the court you can get a default judgment against him or her. Your spouse has until the first Monday after the expiration of twenty days from the day he or she was served with your Petition to file an Answer. If he or she fails to do so you may seek a default judgment by arriving at court on the sixty-first day after filing your Petition with a Final Decree of Divorce signed by you and your attorney. Questions about divorcing an imprisoned spouse? Contact the Law Office of Bryan Fagan, PLLC Divorce Lawyer in Houston: While it is never a desirable situation to have your spouse be imprisoned, that does not mean you need to put your plans of a divorce on hold until his or her release. The Law Office of Bryan Fagan, PLLC can help you through this process in a timely fashion. To have your questions answered by one of our licensed family lawattorneys please do not hesitate to contact our office today for a free of charge consultation ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How to handle a cheating spouse in Texas
Spring Divorce Lawyers: One of the most difficult and challenging aspects of a family lawcase is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally and logistically in a family law case but you will be emotionally invested in the case as well. While I suppose that this is true for any legal matter that you undertake, it is especially true for family law cases. These are personal matters that have become a part of the public record. An awkward and unenviable situation to be placed in. Why are family law matters so delicate? For starters, I believe that it is because so many areas of our lives are encompassed by these type of cases. For instance, if you are considering a divorce from your spouse just consider for a moment the areas of your life that are impacted by potentially filing for divorce. Your children, your finances, your property, your home, and your business are just a few of the most important areas of life that your divorce will significantly impact. Spying is in the eye of the beholder when it comes to an unfaithful spouse If you believe that your spouse is being unfaithful to you it is human nature to want to verify your thoughts by looking into the situation in greater detail. As you begin to consider how to undertake an investigation of your spouse you should know a few things about how the law in Texas relates to this type of activity. To spy or not to spy? Each of us will have our own interpretation if it is worth it after reviewing the following information. Understandably Texas has laws against invasion of privacy. Each of us gives up some our rights to privacy when we go out into public, so if your spouse is flaunting an extramarital affair at the mall then you and anyone else for that matter have a right to look into the situation. On the other hand, if your spouse is seeking to keep a matter personal and wants to be left alone in that endeavor he or she has a right to do so. This is true even if it is your spouse. If you attempt to listen in on a phone call between your spouse and their paramour you are likely in violation of both state and federal laws against wiretapping. Phone calls, as well as emails, are covered by these laws so hacking into an email account or cell phone to get voicemails or emails is against the law. The old saying will implore you to ask yourself whether the “juice is worth the squeeze”. I would submit to anyone reading this blog that it almost assuredly is not. Any benefit you gain in the short-term by getting unauthorized access to your spouse’s email or cell phone will be short-lived. What about putting a tracking device on their vehicle? Divorce Lawyer in Spring TX: Anyone who grew up watching spy movies knows at least something about tracking the movements of another person by planting a “bug” on their person or vehicle. This too is illegal under Texas law. You may track a vehicle that you own, however. Arguing that you are not, in fact, tracking your spouse but instead of just keeping track of a vehicle that you own will be a tough argument to make in court if it comes down to that. What steps to take if you believe that your spouse is cheating on you Everyone is going to handle this situation differently. Each of us has a different experience with infidelity and our personal opinions on the subject have been shaped by life experiences. Reading ahead of time what the law is in our state and in our country is a good place to start. Knowing what the law allows you to do and what it bars you from doing can ensure that you do not act in an illegal manner. Infidelity and adultery are a fault ground that you can cite when filing for divorce in Texas. This may allow you to win a disproportionate (larger than 50%) share of your community estate. However, if it comes out that the information you used to prove the infidelity was obtained by illegal means your entire case will be tainted and any credit you previously had in the eyes of the judge as the “faithful” spouse will almost assuredly be destroyed. The bottom line is to learn what steps you can take and what steps you cannot take to prove your assumptions of unfaithful behavior from your spouse. Speaking to a licensed family law attorney is one such step. Divorce is difficult. Consult with an attorney with the Law Office of Bryan Fagan, PLLC to learn your rights Spring TX Divorce Lawyer: You will want to protect your family and your assets while maintaining some degree of normalcy during the course of your divorce. The most valuable aspect of your divorce, by far, will be that of your relationship with your children. Beyond anything that you do in regard to property, your children will not care how much money you are able to keep or how much is split between you and your spouse. How you treated your spouse throughout the process, despite how you may feel towards them, is what your children will remember. Whether your case ends like most in mediation or in a trial setting, effective and strong representation is essential. The attorneys with the Law Office of Bryan Fagan, PLLC strive to represent families like yours with professionalism and diligence. We seek to put you in a position where our experience coupled with your particular circumstances will lead to a positive result for you and your family. If you have any questions about this topic or any other in the area of family law please do not hesitate to contact our office today. A free of charge consultation with one of our licensed family law attorneys is only a phone call away. Across southeast Texas, families have made the best of less than perfect situations with our attorneys by their side ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Postnuptial agreements in Texas Family Law
Family Law Lawyer Houston: Earlier this week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog that related to premarital agreements that covered what they were and how they can impact a marriage. Today we will shift gears to discuss postnuptial agreements, the lesser known cousin of a prenuptial agreement. As they pertain to the law contained in the Texas Family Code, postnuptial agreements must be drafted and agreed to while remaining in compliance with any and all applicable State laws on this subject. If you and your spouse come to an agreement on any matter that is outside of the law then you risk a judge declaring at least that section unenforceable and void. The terminology that is used coupled with the agreements that you and your spouse eventually agree to must be coherent and then must also comply with our Family Code. Therefore, having experienced representatives on your side during a negotiation process can be extremely helpful. Let’s explore postnuptial agreements in greater detail. Postnuptial Agreements- A breakdown of what they are and what they do As I noted at the outset of this blog, postnuptial agreements are not as well known as prenuptial agreements. Our culture has made prenuptial agreements a little more well known- whether it is through music, television or movies- the term “prenup” is one that we hear with more and more regularity these days. A postnuptial agreement is intended to cause you and your spouse to take a long, hard look at whatever issues in your marriage are causing you all difficulties and to figure out a solution to them sooner rather than later. The solution will ostensibly be agreeable to both you and your spouse now, and will benefit you all by creating a more amicable divorce (theoretically) should the need arise later. Benefits of a postnuptial agreement The benefit of a postnuptial agreement is that even prior to divorce you and your spouse may divide up your property, income, assets or debts in the fashion as set forth in your postnuptial agreement. There is nothing stopping you from doing so- not even the approval by a judge. Of course, you must abide by the terms set out for postnuptial agreements in the Texas Family Code but that is about it. Another benefit of a postnuptial agreement is that you and your spouse can utilize one to alter the terms of a prenuptial agreement that had been agreed to previously. We all know that your life, your spouse’s lives or some combination thereof can change over the course of a few years. That a postnuptial agreement can essentially modify a prenuptial agreement may be of some value if you and your spouse find yourselves looking at significantly different marital circumstances that had been in place at the time your marriage began. In the event that you and your spouse: divorce or your spouse passes away a postnuptial agreement being in place can provide peace of mind by allocating resources towards a spouse who otherwise may have lost out on their right some percentage of the deceased spouse’s property through intestate distribution upon death. Obviously I would recommend that anyone over the age of eighteen have a will. With that said, however, a postnuptial agreement can fill in the gaps in the event that you do not. Spousal support- How can a postnuptial agreement affect the need to pay Kingwood Divorce Attorney: Texas law allows for the payment of spousal support/maintenance both on a temporary basis during a divorce and on a more permanent basis after the divorce occurs. The Family Code lists the guidelines for spousal support guidelines in terms of how long a marriage has to have lasted for you to request this type of payment from your spouse. A postnuptial agreement can allow you and your spouse to come up with specific provisions regarding spousal maintenance during your marriage and upon your divorce. Likewise, if you or your spouse agree that upon divorce or death that no support should be requested or paid, then that can be included in the postnuptial agreement as well. In much the same way, if under Texas community property laws a piece of property would normally be considered to be community property you can override that statute and have the property go either into your or your spouse’s separate estates. Family run businesses and postnuptial agreements If you and your spouse own a family business then you all will want to do whatever you can to ensure that it remains profitable, well run and free from drama if you two decide to end your marriage. Many divorce cases center around what will happen with the family run business. Parties and their attorneys can spend thousands of dollars on attorneys can spend thousands of dollars on expert witnesses to prove the value of a business or at least attempt to prove when a business came to be. If after a divorce you want to shift roles within the company or have your son take over the day to day operations then you can negotiate for those terms in a postnuptial agreement. In this way, the postnuptial agreement acts as a business planning device as well as marriage planning instrument. If there is a way to divide the business at the time of the divorce that you don’t believe a judge would be too keen about but you believe it to be fair, a postnuptial agreement is a good way to help further that cause. Questions about postnuptial agreements? Contact the Law Office of Bryan Fagan, PLLC To learn more about postnuptial agreements or any other subject in family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. A free of charge consultation is available with one of our licensed family law attorneys six days a week. Our office represents clients from across southeast Texas and we would be honored to do the same for you and your family. The first step in the process is to pick up the phone and call today. Law Office of Bryan Fagan, PLLC | Post-nuptial Agreement Lawyer The Woodlands Divorce Attorney: The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding Post-nuptial Agreements, it's important to speak with a Houston, TX Post-nuptial Agreement Lawyer right away to protect your rights. A Post-nuptial Agreement Lawyer in HoustonTX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Post-Nuptial cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Cohabitation Agreements in Texas Family Law
Family Lawyers in Houston: Despite their not being a part of the Texas Family Code, cohabitation agreements are contacted for in Texas and would most likely be honored by a family law court. In a contact, both you and the other party should outline what your rights are, what your duties are, and the specific circumstances in which those rights and duties are applicable. A cohabitation agreement often coincides with a common law marriage. A common law marriage does not involve a formal exchange of vows, but if you and another person agree to be married, live together as spouses and then hold yourselves out as being married to the public at large you are married for all intents and purposes. Misunderstandings are possible given how common law marriages work in Texas. Suppose, for example, that you and your partner live together and are in an otherwise committed relationship with one another and have been for some time. You two may kiddingly talk about being married or even act like it with the people in your lives. While this may at first blush look to be like harmless acting, it can have real world implications. Those implications will come to bear if you and your partner decide to separate and move on from the relationship. While you may be operating under the impression that your relationship is not a marriage, your partner may be of a different mind. If your partner files a divorce suit claiming that all the hallmarks of a common law marriage have been met then it is likely that you will have to at least attempt to defend your relationship as one of non-marriage. If you are unsuccessful then the property that you believed to be yours and yours alone may end up being community property and subject to be divided between you and your partner. A Cohabitation Agreement Explained In the event that your partner have been in a relationship for an extended period of time and live with one another you would be able to sign a cohabitation agreement. This document details how your income, property, financial assets and debt would be divided up in the event that your relationship comes to an end for any reason. If you read yesterday’s blog from the Law Office of Bryan Fagan, PLLC this should sound similar to a premarital agreement, in that they both cover financial issues ahead of time prior to a separation. Spousal support or spousal maintenance can also be contracted for in a cohabitation agreement ,wherein either you or your partner can agree to pay the other a certain amount of support for a certain length of time after the relationship comes to a close. How does the law view the property rights of unmarried cohabitants? If you and your partner are living together but not married, the law does not protect your property rights the same as it would had you both agreed to tie the knot. This applies mainly to property that you both have purchased or come to acquire during the course of your relationship. Whereas community property laws govern in the event of a marriage dissolving, there is much more grey area when it comes to unmarried cohabitants and the end of a relationship. Dividing up an asset, piece of property or other item upon end of your relationship may prove more difficult as a result. What does it take to be considered as cohabitants? Family Law Attorneys Houston: Living together under the same roof and holding out to others that you and your partner are married is a general definition that can be applied to cohabitation. Being able to show that you and your partner are intimate and engage in sexual relations is one way to prove cohabitation. The Texas Family Code does not specifically define cohabitation and there are no laws on the books that are related to this subject either. If you and your partner have cohabitated for an extended period of time it is worthwhile to be aware that courts have ruled that certain property is held by one partner for the benefit of the other. This means that if you have purchased property for your partner in order to benefit him or her in some way a court may declare that if you all end your relationship that property may be the property of your partner and not you. This is despite the fact that you all did not enter into a contract related to this property and have no community property laws that govern the relationship. Of course, this is a general statement and information about your relationship would be needed to give a better opinion on the subject. What can a cohabitation agreement cover? If you and your cohabitating partner do want to come up with a cohabitation agreement, what exactly can the document cover? As we stated earlier the most common area that a cohabitation agreement covers is how property would be split up if your relationship were to end. A division of debts is included in this as debts are just as common (if not more so nowadays) as property it seems. Payments of support after the marriage ends can be contracted for as well. Finally, less commonly considered subjects like the person that can make decisions for you or your partner should you lose the ability to do so because of illness or injury can be covered by a cohabitation agreement. These decisions can relate to medical issues or estate issues should one of you pass away for any reason. Questions on cohabitation agreements? Contact the Law Office of Bryan Fagan, PLLC today Houston Family Law Lawyers: If you have any questions about cohabitation agreements or any other subject in family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys is ready to assist you six days a week with your questions. A consultation is always free and can be extremely helpful in providing you peace of mind as you consider whether or not a family law case is right for you ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Texas Family Law Courts: Adoption and Modification Cases
Family Lawyers Houston: For an adoption to take place the parental rights of either the child’s mother or father must first be terminated by a court. A petition for adoption would be filed in the court with jurisdiction over the child. The petition will be filed by either the potential adoptive parent or parents if two persons are married. Both married people must be participants in the adoption case. The suit would need to be filed after a point at which the child has resided with the adoptive parents for at least six months. As we discussed a few days prior, an ad litem attorney may be appointed by the judge in order to represent interests of the child. The court will do some “detective” work and investigate the criminal histories and backgrounds of the potential adoptive parents. A study of the family’s home will be conducted as well with the results being reported back to the judge. A social study must be conducted in order to terminate the parental rights of both biological parents of the child. Assuming that the results show the judge that allowing the adoption would be in the best interests of the child the adoption petition will be granted. Situations that will allow for the termination of the biological parent’s rights There are basically two situations in which parental rights of biological parents can be terminated: If the judge finds that the rules regarding termination as set forth in the Texas Family Code justify the termination and said termination is in the best interests of the child A biological parent has voluntarily relinquished the child by signing an affidavit signing over their rights to the state agency or other person. If you are a father and you do not register with the State’s paternity registry your parental rights may be terminated as well. How to start the process of adopting a child Either a licensed adoption agency or you as a potential adoptive parent can file a lawsuit to begin the process to terminate the parental rights of the biological parents. If you are working through an agency they will have an attorney to do this for you. If you are going about the process without an agency you will need to hire an attorney to file the termination lawsuit on your behalf. Once the lawsuit is filed the process proceeds as described in the opening section of this blog post. Modifying a court’s prior orders for custody. Child support and visitation Family Lawyer in Houston: If you find yourself in a position where the current orders in place in regard to child custody, visitation or child support are not working for you and your family due to a change in circumstances then you can file a modification lawsuit in the same court that issued those prior orders. Before you decide to do so, however, it makes a lot of sense to contact a family law attorney to determine if doing so is a prudent step to take. The reason being is that a court’s analysis of your situation will be fairly complex and will involve many subjective factors that the judge will consider. For starters, in your petition to modify a prior court order, you will need to submit an affidavit to the judge which describes the change in circumstances your family has seen and how that changes requires an update/modification of the prior orders. That affidavit must lay out the circumstances clearly to the judge or you risk having your case dismissed prior to even getting a hearing date. For the most part, if you are attempting to file a modification case within one year of a prior order being signed by the judge your odds of success in a modification suit are extremely low. Modifying possession of a child Again, I would advise that you speak to an attorney before filing a modification suit regarding possession and visitation. The most important factor is that a judge will seriously evaluate whether or not a significant change in circumstances is apparent in relation to either yourself, the other parent or your child. If it is clear to the judge that the visitation schedule either cannot work or is otherwise not in the best interests of the child for whatever reason then a modification may occur. What sort of circumstances would a court be looking for in order to modify visitation orders? From my experience, if your child’s other parent fails to take advantage of his or her periods of possession multiple times then that may be reason enough to modify the orders of possession. If the other parent has begun to engage in drug or alcohol use and that has affected the child then a modification may be appropriate. A prior client of the Law Office of Bryan Fagan, PLLC hired us to help her modify a court order on possession after her ex-husband was arrested for DWI while their child was asleep in the backseat of the vehicle. Fortunately, nobody was injured and the child never actually woke up during the car ride or subsequent arrest of his father. However, our client did not want to put her child in harm’s way again and had us file a modification suit immediately. We resolved the issues in mediation without ever having to go to a hearing or trial. A court would surely have determined that the ex-husband’s behavior was not in the best interest of the child and offered a significant risk of immediate harm. With this in mind, it made sense for the opposing party to settle out of court rather than to risk a worse result in a hearing. Questions on adoption or modification cases? Contact the Law Office of Bryan Fagan, PLLC Houston Family Law Lawyer: To learn more about either of the subjects that we covered in today’s blog please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. A licensed family law attorney is available six days a week to answer your questions in a free of charge consultation ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Texas Family Law Courts: Dividing Property in a Divorce
Houston Family Attorney: Texas is, as any family lawattorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse during the course of your marriage is presumed to be community property- jointly owned. Therefore, there is a burden on a divorcing spouse to prove that a piece of property- no matter what type of property- is actually separately owned. We’ve defined what community property is in the context of Texas family law, which begs the question of what exactly separate property is. By definition, separate property is the property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance. Awards related to personal injuries are also included as separate property. What this all means for your divorce is that if an item is determined to be part of your or your spouse’s separate estate, cannot be divided in a divorce. Once the separate property is identified and decided upon by the judge in your trial it will be allocated according to which spouse it belongs to. Proving separate property in a trial This is one of the most important questions that you will encounter in your divorce if your case actually makes it to trial. Evidence, fairly overwhelming evidence at that, needs to be shown in order to trump the presumption in place that all property belonging to spouses in a marriage is considered community property. When the property was received as well as how the property was received is critically important. Suppose that you had a piece of property that was sold and that proceeds of that sale were deposited into a jointly held bank account or otherwise invested. The concept of tracing would come in to play as the separately held property has since been turned into what could be considered community income. Often times you will need to either have kept great records of any transaction like this or have an expert witness who is available to testify to the history of the funds and where and how the property should be considered your separate property. Split it all down the middle? It is not so simple to just assume that if your case makes it before a judge that he or she will just take all the community property and split it down the middle, 50/50. Rather, a judge will take into consideration all of the evidence presented in your trial and make a “just and right” division of the community property based on that determination. Keep in mind that which of you or your spouse ends up with the children primarily plays a role in this determination as does whether or not either of you played a role in the dissolution of the marriage through infidelity or other causes. Prior bad acts can be punished by having your spouse be awarded a disproportionate share of the community estate. A basic run-down of the factors that a judge will use to determine what a just and right division of the property looks like are: Special needs of you and your spouse. Are one of you disabled and unable to work? Houston Family Law Attorneys: Separate property allocation. Did your spouse come into the marriage with a great deal of separate property whereas you have virtually none? This may sway a judge to award you with a greater than fifty percent share of the community estate. Differing abilities to earn an income. If your spouse is a doctor and you’re a teacher then his or her ability to earn a large income significantly outpaces your own. With this in mind a judge can even out this disparity by awarding you a larger share of the community estate if he or she deems that appropriate Fault in the breakup of your marriage. I alluded to this point earlier in this blog post. If your cheating has caused your spouse to file for divorce then you may be looking at receiving a relatively small portion of your community estate. This is especially true if you spent community property funds on hotel rooms, meals and gifts for the “other man/woman”. Putting a dollar value on the property in a divorce An inventory and appraisement is typically one of the first forms that your attorney will ask you to fill out for him or her. This form asks you to list out each piece of property that you own, your spouse owns and your community estate owns and to estimate a value for it. This gives your attorney, your spouse’s attorney and the judge a good idea of what you believe to be in play for your divorce from a property standpoint. The inventory is a taken as an affidavit, meaning that you will sign your name to it and have it notarized before submitting it to the court. A judge will take these inventories and utilize them as evidence in your trial and will base his or her decisions regarding property in large part on what the inventories have to say. Tomorrow’s topic- spousal maintenance essentials in a Texas Divorce Stay tuned tomorrow for another blog post that covers an aspect of Texas family courts and family law. Spousal maintenance, or alimony as it is sometimes referred to as is another popular area of the law that our attorneys are asked about with some frequency. We will break this subject down tomorrow and help you to understand the points that are important in a divorce case in Texas. Divorce Houston: If any of the subject matter that we touched on today leave you with questions please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. One of our licensed family law attorneys is available to meet with you six days a week for a free of charge consultation. Divorce is never easy, but having an experienced representative by your side through the process can help provide you with peace of mind ... Continue Reading If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How you can be reimbursed for past purchases during your Texas Divorce
Houston Divorce Attorneys: Part of any divorcein Texas is figuring out how to characterize the property owned by the two spouses. If you are considering a divorce or have just been served with a petition by divorce filed by your spouse then you are probably wondering how all the “stuff” that you and your spouse own will be divided in the divorce. Today’s blog from the Law Office of Bryan Fagan, PLLC is designed with you in mind if that is the case. Separate property vs. Community property Property in the context of a divorce is typically divided up into three categories. Most everyone going through a divorce is aware that Texas is a community property state. This represents the first of the three categories. Community Property Community property is basically any property that is acquired by either you or your spouse during the course of your marriage with a few exceptions for inherited property and things of that nature. Separate Property Both you and your spouse have your own separate estates as well, meaning that each of you are able to own property separately from one another. Essentially any property that you owned prior to your marriage is categorized as separate property belonging to either of you. When we think about separate property the theory in Texas is that because you or your spouse owned the property before you ever got married the other spouse has no claim to whatever property is being discussed. Can you contribute money to the separate property of your spouse and be reimbursed? It can happen that you contribute money and resources that benefit the separate property of your spouse. For example, if your spouse owns a home that is in actuality her separate property but your income has been used to pay for a renovation of the kitchen or towards the mortgage itself you are in a position where the community estate has been used to benefit the separate estate of your spouse. A reimbursement claim is one that can allow you to be recouped for that expenditure. Divorce Attorneys Houston: Not all money spent by the community estate on one of your or your spouse’s separate estates can be reimbursed, however. Let’s review those expenditures that are reimbursable. > If your community estate has been used to pay for an improvement to the separate estate of your spouse then you may be able to be reimbursed in your divorce for that expenditure. An example of this situation would be your having paid to build a tennis court on the property owned by your spouse that is his separate property. > The community estate pays towards the separate debt (a mortgage or a credit card, for example) of your spouse’s separate estate. > The other big area that I have seen reimbursement occur is if you work for your spouse’s business which is later determined to be his separate property and you were not paid for that work or were paid an insufficient amount. In this scenario you can push to be reimbursed during the course of your divorce. In the event that a judge does order a reimbursement payment be made from the separate estate of your spouse, that payment will go towards whichever estate- your separate estate or the community estate- actually contributed to the separate property of your spouse. If it was the community estate, that payment would need to be divided up in a just and right manner like all other property included in the community estate. The State of Texas sees reimbursement as a means to make to even out the contributions that one spouse’s separate property or their jointly held property made to the other’s separate property. These contributions can take the form of money or the form of labor as we have previously discussed. Presenting a claim for reimbursement in your divorce case at large It is one thing to believe that you have case for reimbursement and another to actually prove that reimbursement case. To win a reimbursement case you must be able to show a court that a contribution was made- either from your separate estate or from the community estate- towards the benefit of your spouse’s separate estate. One you are able to establish that a contribution was made and that it falls into one of the aforementioned categories you will need to prove the value of that contribution. Having documentary evidence to help prove a claim for reimbursement can be incredibly helpful. Documents related to the closing on a house or piece of property, bank transaction records and other financial instruments can assist you and your attorney in determining if you have a leg to stand on when it comes to presenting a reimbursement claim before a judge. These are issues that are extremely complex and often times require the assistance of an outside expert to help determine what property belongs in what estate. With that said, you should always hire an attorney to represent you and assist you in making these sort of determinations. Family lawattorneys have experience in helping people like you make difficult decisions regarding their divorce and I cannot emphasize enough how critical it is to have an attorney advocating for you in a reimbursement situation. Your attorney can assist you in stating to the court and to your spouse the nature of your reimbursement claim which should be made in your original petition for divorce. Questions on divorce or reimbursement claims? Contact the Law Office of Bryan Fagan, PLLC today Divorce Attorney in Houston: If you have any questions related to this article or any other subject in family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys is available six days a week to answer your questions in a free of charge consultation. Divorce is not an easy process to go through and you need an experienced advocate on your side. Our office proudly represents clients across southeast Texas and we would be proud to do the same for you and your family ... Continue Reading |
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November 2018
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