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Divorce After Obtaining a Degree in Texas
It is a fairly common situation for a spouse who has just graduated with an advanced degree to promptly divorce the spouse who supported them through school. Students who are pursuing a doctoral or professional degree often rely on their spouse for financial support while they focus on their education. You may have worked and paid your family’s bills so that your spouse could be a full-time student, believing that once they graduated, they would be able to earn more money to support the family. If your spouse instead divorces you, you might be left feeling as if you have been cheated or scammed. You cannot keep half of their medical or law degree like you could other valuable marital property. You cannot earn the income their P.H.D. will bring them. However, they may be claiming that half of their student loan debt is your responsibility. In this situation, it is very important to be represented by a highly experienced Collin County, TX, divorce lawyer.
Deciding Whether to Get Divorced
Making the decision to end your marriage can be complicated. It is a very big decision that comes with a lot of ramifications. If you are considering divorcing your spouse, you will likely experience a wide range of emotions. You may go back and forth between definitely wanting a divorce and wanting to try counseling. There are a handful of grounds for divorce in Texas. The most commonly cited ground for divorce is that the marriage has become “unsupportable” because there is a lot of discord or a personality conflict, leaving little hope of reconciliation. People get divorced for all sorts of reasons, from adultery to abuse to simply having grown apart over the years. If you have made the choice to file for divorce, a McKinney, TX, divorce lawyer can help you begin the process and see it through.
What You Can Do if You Suspect a Child Is Yours
Men in Texas may find themselves in a situation where they suspect but do not know for sure, that a baby born to a woman they have been involved with is their biological child. If you have “done the math,” so to speak, and determined that you might be the father of a child, there are steps you can take to determine whether the child is, in fact, yours and begin asserting your father’s rights. While it is (almost) always quite clear who the mother of a child is, determining who the father is may require a DNA test. Some mothers intentionally avoid informing a male partner when they have become pregnant, possibly to avoid sharing custody or because they do not want a relationship with the father. However, a McKinney, TX, paternity and father's rights lawyer can initiate court proceedings to establish you as a legal father if it can be proven that the child is yours.
Will a Protective Order Affect My Divorce?
Any individual going through a divorce can tell you these are high-stress situations, and when you have to request a protective order during your divorce, the situation can become more complicated. A protective order or allegations of domestic violence can affect certain factors in your divorce, such as child custody. A skilled Texas divorce lawyer can help you understand your options when a protective order is involved in your divorce.
How Do I Request a Protective Order in Texas?
Protective orders are documents that help you keep someone who has been violent or threatened to be violent with you away. Protective orders can be temporary until they are brought before a court, and a judge will make a decision on whether or not to extend the protective order for a certain period of time.
If you are in the middle of a divorce and your spouse has threatened you, you may feel the need to file a protective order in Texas. The Texas State Law Library provides details and instructions on getting this process started. In general, you will need to fill out a form and file it with the court in addition to providing evidence to back up your need for a protective order. You can also consult with a skilled Texas divorce lawyer to understand your options for filing a protective order during your divorce.
What a Prenuptial Agreement Can and Cannot Do
A prenuptial or postnuptial agreement can be a valuable tool for a married couple, whether they get divorced or not. For those who are getting divorced, having this type of contract signed in advance can make the division of marital property go very smoothly. Engaged or married couples can use a marital agreement to control many aspects of a potential divorce this way. However, there are legal limits regarding what you can and cannot accomplish with a prenuptial agreement. While you could agree to anything you like in your marital agreement, the courts will not enforce certain clauses. If you are considering getting a prenuptial agreement, it is important to speak to a qualified McKinney, TX, prenuptial agreements attorney. An attorney can draft your contract with enforceability in mind
Enforceable Agreements in a Premarital Contract
Types of clauses you can include in your prenuptial or postnuptial contract include:
Divorce During the Holidays
The holiday season can be challenging for people who are going through divorce. You may have spent the holidays with your spouse for many years. Being apart from them can feel strange, even if you are happy to be getting divorced. About half of all parents going through a divorce will be spending at least one major holiday away from their children, many for the first time ever. Another half are no longer in their marital residence and may have even been forced out by a temporary court order or protection order. All of this can take its toll and drive emotional decision-making. You should speak to a well-qualified McKinney, Texas, divorce attorney before taking any major steps in your case.
Tips for Happy Holidays While You Are Getting Divorced
The holidays can be an emotional time for a lot of people. Whether the holidays hold religious, cultural, or nostalgic significance for you, your ongoing divorce can cast a dark cloud over the season if you let it. Tips for avoiding holiday hassles include:
Tips for High-Conflict Child Custody Disputes
Child custody cases can be very emotionally driven. Many parents become despondent at the thought of not being able to spend as much time with their children as they would like. In other cases, a parent worries about the physical or emotional well-being of their child when they are with the other parent. Then, there are cases where the parents are having a high-conflict divorce in general and every issue, including child custody, is being litigated. If you anticipate that your child custody case will be a high-conflict battle that must be decided by the court, it is important to carefully select an attorney who has experience with such cases. Your attorney must handle this case in a highly strategic and careful manner, as how the facts are presented to the judge is of incredible importance.
Can a Mother Force a Paternity Test?
It is, sadly, not uncommon for a man to deny being the father of a child who is in fact, theirs. This can leave mothers without a secondary source of support or care for their babies. Being a single mother can be hard enough when the father does take responsibility. When the father denies paternity and refuses to pay child support or spend time caring for the child, the mother can be left in a very difficult position. Fortunately, in Texas, there is a way for a mother to bring a paternity suit and ultimately force a DNA test if needed. Paternity suits are relatively uncomplicated as far as family law cases go, but the process should still be managed by a qualified Texas paternity lawyer.
Will I Have to Pay Alimony After My Divorce?
Whether you might have to pay your spouse alimony after you get divorced depends on a number of factors, such as the length of your marriage and whether there is a prenuptial agreement in place. The court will also consider your spouse’s ability to earn enough money to meet their needs. Generally, Texas courts are against alimony. However, there are situations where it can be ordered. Spousal support payments are often temporary, lasting only until the divorce is finalized. This is so that neither spouse ends up in a position where they cannot afford housing, food, or other necessities during the divorce. If you are concerned about whether you will have to make spousal support or spousal maintenance payments, it is important to have a qualified Texas divorce attorney assess your case.
What Is a High-Conflict Divorce?
You might hear the term “high conflict divorce” used to describe a divorce that is far more contentious than usual. If you and your spouse cannot stand to be around each other, yours is likely a high-conflict divorce. High-conflict divorces are often contested in court because the spouses cannot come to an agreement, although in some cases, mediation or negotiation does work. A lot of complications can arise in high-conflict divorce. If these couples do try divorce mediation, it is usually a type of mediation that does not involve bringing the spouses together in person. One or both spouses involved may be more concerned with spiting the other than meeting their own needs in these cases. If there are children involved, a hotly contested custody battle is very likely to ensue. If you are preparing for high conflict divorce, it is important to choose a highly strategic attorney to fight for you.
Finding The Right Attorney Matters. Contact Us Today.
A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.
To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.