Posted on January 10, 2024 in High Conflict Family Law

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.

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 Posted on December 28, 2023 in Prenuptial Agreements

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:

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 Posted on December 11, 2023 in Child Custody

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: 

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 Posted on November 25, 2023 in Child Custody

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. 

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 Posted on November 09, 2023 in Family Law

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. 

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 Posted on October 25, 2023 in Spousal Maintenance

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. 

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 Posted on October 12, 2023 in High Conflict Family Law

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. 

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 Posted on September 27, 2023 in Child Support

The fact is that most people are not able to support themselves at the age of 18. The kinds of jobs that are available to people with only a high school diploma rarely pay a living wage. Even if an 18 year old would like to be self-sufficient, almost all still rely on their parents in some ways. If you are getting divorced in Texas or collecting child support for a teenage child, you may worry about whether your spouse will continue providing support to your child if it ceases to be legally mandatory.

The good news for parents is that support obligations do not automatically terminate on the child’s eighteenth birthday, even though they are now legally an adult. A divorced parent can be held responsible for providing reasonable financial support to their child for several years or more after they reach their majority age or longer in certain circumstances. However, support obligations may need to be incorporated into your divorce decree before it is finalized. An attorney can help you see to it that any prudent continuing support obligations are addressed during your divorce.

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 Posted on September 13, 2023 in Collaborative Divorce

Divorce is difficult and tiring, usually leaving people in emotional and financial turmoil. Collaborative divorce is a great strategy to try to reduce the negative impact of divorce. While a collaborative divorce has benefits, it is not suitable for everyone. If you want to learn more about collaborative law so you can make an informed decision, consult an attorney. They will help you navigate all the advantages and drawbacks unique to your situation. 

What is Collaborative Divorce? 

Collaborative divorce is a process that allows divorcing couples to plan their divorce decree carefully and with the help of as many professionals as necessary. Rather than litigating their differences in court, couples using collaborative divorce will discuss their issues proactively and rely on the help of other people to solve their problems. This could include: 

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 Posted on August 24, 2023 in Family Law

While many issues can cause conflict and fighting in a divorce, one of the most emotional issues is child custody. No parent wants to be separated from their child, but in most divorces, neither parent will have their child with them 100 percent of the time. In the best of circumstances, the couple will be able to negotiate a custody and parenting time agreement, however, most Texas divorce attorneys can attest that it is often the court that ends up making that decision.

How Does the Court Decide Custody?

In every child custody case, the goal of the court is to decide custody based on the best interest of the child standard. There are a number of factors that the court will examine when making this determination, including:

• The child’s age

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