FREE CONSULTATIONS
Call Us Today 713-650-1866
Recent Blog Posts
Should I Try to Have an Uncontested Divorce in Texas?
Most people have seen acrimonious divorce played out on TV and in the movies. The spouses do whatever they can to spite each other and need to have the judge order them to do various things. Many people also personally know couples who ended their marriage in bitter divorce proceedings. That does not mean animosity is the only way forward. If you and your spouse have decided to end your marriage but maintain productive communication, you could have an uncontested divorce. Speak with a knowledgeable Houston, TX divorce lawyer to find out more.
What Is Unique About Uncontested Divorce?
The truth is that there are many similarities between typical and uncontested divorce. At the end of both processes, the spouses need to have a divorce settlement that covers the same topics, including:
Getting Familiar with Child Possession Schedules
In Texas, various parenting time schedules are available from which parents may choose. The most common are the Standard Possession Order, Possession Order for Children Under Three, Supervised Possession Order, and Modified Possession Order. Of course, parents are free to come up with any possession schedule they see fit that is in their children’s best interest. A Texas family law and divorce attorney can assist you in figuring out your parenting plan schedule. They can review each common possession order and adjust them to fit your preferred schedule.
What is a Possession Order?
The court order handed down by a judge that details when each parent has a right to time with their children is a possession order. Texas offers many different types of possession orders, with the most common being:
- Standard Possession Order
How Divorce Mediation Works in Texas
Mediation is a court-ordered process and alternative to traditional divorce litigation. Parties can choose to request mediation and present their agreement in writing, but it is up to the judge's discretion if mediation is granted in place of a traditional trial. A lawyer who is well-educated and experienced in mediation can provide insight into if mediation is the right choice for your divorce.
What is Mediation?
Two parties come together to resolve conflicts within their divorce, while a third-party mediator helps steer the situation toward a more amicable outcome. Mediation is most often used to resolve the three significant points of contention in a divorce: property division, child custody, and alimony. Mediation is a highly effective alternative negotiation method with a high success rate.
How Does Divorce Affect My Credit Score?
Your credit score may be one of the last things you think about when going through a divorce. There are so many important things to think about, such as property division, conservatorship, support, and just the headache that divorce can naturally bring with it. Divorce may not damage your credit directly, but related financial problems could. When considering divorce, consult an attorney who can help you cover all your bases and keep you on track to avoid future complications.
What Are Some Indirect Impacts of Divorce On My Credit Score?
Marital status does not factor into your credit score. However, certain duties performed or bills paid can be a cause for concern once a divorce is finalized. Missing payments is the primary reason for a dip in a credit score. It is easy to forget how much the other spouse has been paying in financial expenses until it hits you in the face.
How Can I Protect My Children in a Contested Divorce?
Divorce is a legal process that ends a marriage and divides property, debts, and parental responsibilities. It can be a difficult and emotional time for everyone involved.
In some cases, couples can agree on the terms of their divorce without going to court. This is called an uncontested divorce. However, if couples cannot agree on the terms of their divorce, it becomes a contested divorce. Child custody and visitation is one such disagreement that can lead to a contested divorce.
Contested divorces can be more complex and expensive than uncontested divorces. Each spouse will typically need to hire their own attorney to represent them in court.
How Do I File for Divorce With Children?
The process of filing for divorce is the same whether or not you have children. You or your spouse must file the original divorce petition, and the other spouse becomes the respondent.
What Expenses Are Included in Child Support Calculations?
Child support is a payment provided by one parent to the other to help cover child-raising expenses. The amount of child support owed depends on various factors, like the income of both parents, the number of children, and how much time each parent spends with them.
What Expenses You Can Expect Child Support to Cover
The expenses included in child support calculations are essential for the child's well-being and development. They typically cover basic living requirements like food, clothing, shelter, and basic educational costs
Additional Child Support Expenses
Other expenses, considered to be "extraordinary" or "unusual" may be factored into child support calculations. Special needs expenses, covering medical care, therapy, and other necessities, may be considered. Educational expenses, like private school tuition and tutoring, could also be included. Expenses for vacations and sporting events might be factored in if they are deemed beneficial but not required for the child. These expenses are often considered to be eligible for reimbursement.
Understanding Parental Rights Termination in Adoption Cases
In the realm of family law, the rights of biological parents are vital, encompassing their involvement in their child's life and the authority to make decisions regarding their upbringing. Nonetheless, there are circumstances where parents may willingly relinquish or involuntarily lose their parental rights during adoption.
The Termination of Parental Rights for Adoption
In the context of adoption, the termination of parental rights is often necessary to facilitate the process. Under Texas law, a child can legally have only two parents. Hence, the termination of parental rights becomes a crucial step for adoptive parents to legally adopt a child. However, Texas courts demand a substantial burden of proof before they terminate parental rights.
Voluntary Termination of Parental Rights
Sometimes, a parent makes the selfless decision to voluntarily surrender their parental rights. When a parent realizes that they cannot provide the life the child deserves, they may choose to put the child up for adoption. While this decision is never easy, it is occasionally in the child's best interest. Additionally, a man who discovers that he is not the biological father of a child may also initiate a parental rights termination case.
Navigating Paternity in Houston, Texas: Protecting Your Child's Future
Discovering the truth about paternity can be an emotional and challenging journey, whether you're a father seeking to establish legal rights or a mother in need of child support. At The Cusic Law Firm, P.C., located in Houston, Texas, we understand the importance of protecting your child's well-being through the legal process of establishing paternity.
Understanding Paternity in Houston, Texas
Paternity refers to the legal recognition of a man as the father of a child. Establishing paternity has numerous implications, including parental rights, custody, visitation, and child support. In Houston, the legal process of establishing paternity can bring clarity and security to both fathers and mothers.
The Importance of Establishing Paternity
- Father's rights and responsibilities: Establishing paternity ensures that fathers have the legal rights to participate in their child's life, make important decisions regarding their upbringing, and build a loving and supportive relationship. It also enables fathers to seek custody or visitation rights if desired.
Understanding Community Property in a Texas Divorce
Divorce is often a contentious and complex process, but things can get downright ugly when it comes to the division of marital property. Texas is a state that follow the principle of community property, meaning that all assets and debts acquired while a couple was married are considered to be owned jointly by both spouses, and this property will need to be allocated between spouses before their marriage can be ended through divorce. Understanding the basics of community property laws in Texas is essential when approaching a divorce. Make sure to hire an experienced divorce attorney before embarking on this often difficult process.
Does it Matter Which Spouse Acquired an Asset or Debt?
No. Community property refers to any asset or debt that was obtained during the marriage, regardless of which spouse made a purchase or took out a debt. Common examples of community property can include real estate, income from work, pension benefits, and retirement benefits. In addition, credit card debt, utility bills, and outstanding taxes are also considered to be community property that will need to be divided between spouses during a divorce.
Understanding the Differences Between a Contested and Uncontested Divorce
Divorce is a legal process that dissolves a marriage. There are two primary types of divorce: contested and uncontested. For those looking to end their marriage, there are many differences between these two divorce types. Therefore, it is essential to understand the differences to see which method better suits you and your marital situation. Remember, regardless of whether your divorce is contested or uncontested, it is always prudent to hire an attorney, as divorce law can become complex, even if the divorce is uncontested.
Uncontested Divorce
Contested divorce occurs when both spouses agree on all the terms of the divorce. This includes dividing assets and debts, child custody and support, and spousal support. Uncontested divorces are usually faster and less expensive than contested divorces, as no disagreements need to be resolved in court. In most cases, the couple will work together to create a divorce agreement that outlines the divorce terms. Once the agreement has been finalized, the couple will submit it to the court for approval. If the court approves the agreement, the divorce will be granted.
Contact Us
Call 713-650-1866 or fill out the form below to set up a free consultation today:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
| 713-650-1866 | 650 N. Sam Houston Pkwy. E. Suite 406, Houston, TX 77060 |
