Family Law Blog
Posted on Jul 13, 2012
When a couple decides to end their marriage, they can either amicably agree on the terms of their separation through an uncontested divorce, or let the court system decide these matters for them ...
Continue reading "How can I enforce my divorce decree?" »
Posted on May 26, 2011
It’s a romantic scene: the hopeful suitor, down on one knee with ring in hand, and the object of his affection, also hopeful, excited, filled with shock perhaps or anticipation – He pops the question: ...
Continue reading "Does she have to return the engagement ring?" »
Posted on May 16, 2011
Does your divorce decree give you the “primary right to determine the residence of the child without regard to geographic location”? If not, you may have significantly limited your options for your ...
Continue reading "My decree says I can’t move out of Montgomery County or Harris County. How do I get that changed?" »
Posted on May 15, 2011
I offer free telephone consultations. It is a part of my law practice that I enjoy, because it allows me to help folks in an informal way and to offer information that can helps a potential client ...
Continue reading "I’ve lost confidence in my attorney. Will a new attorney be any better?" »
Posted on May 14, 2011
A new client of ours has this problem: When he got divorced a few years ago, he and his ex got along okay and wanted to keep their costs down. They used an attorney that she hired and that attorney ...
Continue reading "Can my ex move and take the kids out of state? Understanding the “geographic restriction."" »
Posted on May 13, 2011
At some point in the divorce process, the court will notify the parties that there case is set for a final trial. Virtually every court now requires the parties to make a good faith effort to settle ...
Continue reading "How does a “contested” divorce flow through the court system? – part III." »
Posted on May 12, 2011
After Temporary Orders are in place, the parties often catch their breath and evaluate whether a final settlement is now possible in light of how the Judge ruled at the temporary orders hearing. If ...
Continue reading "How does a “contested” divorce flow through the court system? – part II." »
Posted on May 11, 2011
If your divorce does not start out with an agreement on all issues and it is clear that animosity exists between you and your spouse, then you have a “contested” divorce. Just like in an uncontested ...
Continue reading "How does a “contested” divorce flow through the court system? – part I." »
Posted on May 10, 2011
Your divorce begins by filing an Original Petition for Divorce with the district court clerk in the county where you have been residing for the preceding 90 days. The person filing for divorce is ...
Continue reading "How does an “uncontested” divorce flow through the court system?" »
Posted on May 10, 2011
If the person is employed, make sure that a Wage Withholding Order signed by the Court is served on the person’s employer. A Wage Withholding Order commands the employer to withhold a set amount for ...
Continue reading "What’s the best way to make sure the party ordered to pay child support actually pays child support?" »
Posted on May 10, 2011
You need to file a motion for enforcement of the child support order in the court that issued the order. Under Texas law, the party who is delinquent in paying child support is entitled to receive at ...
Continue reading "I have a valid child support order but the father keeps paying me late or not at all. What can I do?" »
Posted on May 9, 2011
The total cost largely depends on whether you and your spouse have discussed the prospect of divorce in advance and how many agreements you have reached on the various issues involved in a typical ...
Continue reading "What will my divorce cost?" »
Posted on Nov 21, 2010
From the adoptive father's perspective: Most of the calls we receive from people inquiring about step-parent adoptions involve the situation where a new dad has come into a mom's life who is a good ...
Continue reading "What Is Involved In a Step-parent Adoption? Part Three" »
Posted on Nov 19, 2010
From the legal or biological father's perspective: In cases involving termination of parental rights and step-parent adoptions, our law firm gets calls from bio dads in one of two situations: either ...
Continue reading "What Is Involved In a Step-parent Adoption? Part Two" »
Posted on Nov 16, 2010
From the Mother's Perspective Most of the calls we receive from people inquiring about step-parent adoptions involve the situation where a new dad has come into a mom's life who is a good guy and ...
Continue reading "What Is Involved In a Step-parent Adoption? Part One" »
Posted on Nov 9, 2010
People looking for a divorce lawyer in The Woodlands online often call me to say they need a lawyer to handle their "uncontested divorce." Having heard this statement for many years, I have come to ...
Continue reading "What Is An Uncontested Divorce?" »
Posted on Oct 1, 2010
Unfortunately, this is an all too common problem in a messy divorce case. Fortunately, the Texas Family Code allows you to file a motion with the divorce court requesting that the court make temporary ...
Continue reading "My Spouse Emptied Our Bank Accounts Before Filing for Divorce and Left Me With Nothing. What Can I Do?" »
Posted on Sep 21, 2010
"Joint Managing Conservatorship" or "JMC" for short, means the sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain ...
Continue reading "Conservatorship " »
Posted on Sep 18, 2010
The Standard Possession Order ("SPO") enumerated in Subchapter F (Sections 153.3101 through 153.317) of the Family Code is a comprehensive, detailed order that expressly states when a parent has a ...
Continue reading "Possession & Access" »
Posted on Sep 17, 2010
In Texas, a man and woman who live together without the benefit of marriage and who do not intend to be married, are said to have a meretricious relationship. This term does not appear in the Texas ...
Continue reading "So what happens to the property when a couple does not intend to claim a marriage and just has a “live-in” arrangement?" »
Posted on Sep 16, 2010
Once an informal (common law) marriage is established, it has the same legal and binding effect as any valid formal or ceremonial marriage. Usually, the issue of common law marriage is raised by a ...
Continue reading "So what is the effect of a valid informal (common law) marriage?" »
Posted on Sep 15, 2010
Remember from my earlier blog that whether or not an informal (common law) marriage exists is a question of fact for the Judge or jury to decide. The more and better evidence you have to show that you ...
Continue reading "What kind of evidence do I need to prove I have an informal (common law) marriage in a court proceeding?" »
Posted on Sep 14, 2010
The informal (common law) marriage of a man and woman in Texas may be proved in one of two ways. First, the couple can sign a form entitled "Declaration and Registration of Informal Marriage, ...
Continue reading "How to prove you have an informal (common law) marriage" »
Posted on Sep 13, 2010
Not necessarily. Whether you are common law married or not is ultimately a fact issue for a judge or jury to decide. It is not uncommon for a man and woman to live together for years and never obtain ...
Continue reading "We never got formally married, but we’ve been living together for years—so we’re common law married, right?" »
Posted on Sep 8, 2010
The presumption in Texas is that the husband is the biological father of any child born during the marriage. If the husband is not the biological father of the child, then it is critically important ...
Continue reading "When the Husband is Not the Biological Father" »