Recent Blog Posts
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.
Why Do I Need an Attorney if My Divorce is Uncontested?
Getting a divorce is a complicated process that brings significant implications for your future. Even if you and your spouse agree on all the terms of the divorce, which is referred to as an uncontested divorce, it is still important to hire an attorney to ensure that your rights are protected, and everything related to the divorce is handled lawfully and equitably. Today, we will review why hiring a lawyer, even for an uncontested divorce, is wise.
Top Reasons Why You Need a Lawyer for an Uncontested Divorce
Some believe that getting an uncontested divorce means hiring a divorce attorney is unnecessary. That line of thinking does not take into account all of the complexities and challenges you may face during divorce that require professional legal assistance. Here are some reasons why you should considering hiring an attorney even if your divorce is uncontested:
Essential Things to Know About Mediation in an Uncontested Divorce in Texas
It is widely known that divorce can be among the most upsetting and difficult processes anyone will ever have to go through. When most people think about divorce, they envision contentious courtroom proceedings, where the private dealings of a married couple are hashed out in open court for all to hear. Fortunately, alternative dispute resolution (ADR) methods have become commonplace in divorce proceedings. ADR such as meditation can help couples reach an out-of-court agreement, saving time and money which would have otherwise been spent during litigation.
You may be happy to hear that even if your divorce is not 100 percent amicable, there are still options for you and your soon-to-be ex-spouse that will allow you to have more control over the divorce process while also preserving your privacy. If you can reach a resolution through mediation or negotiation, you can proceed with an uncontested divorce. This blog will discuss important considerations to remember when it comes to an uncontested divorce, such as how mediation procedures can help aid the process and how a qualified divorce attorney can help you and your spouse resolve your divorce in a cooperative manner.
Can I Modify My Texas Divorce Decree?
A frustrating feature of many, if not most, Texas divorces is that neither spouse is typically thrilled with the outcome of the divorce decree. Finalizing a divorce requires reaching an agreement on complex topics and the potential for disagreement is high. While dissatisfaction alone is not a sufficient reason to modify your divorce decree, there are certain circumstances in which certain parts of your divorce decree may be changed to better suit your needs. If you are interested in changing your divorce decree, read this blog and then contact a Texas divorce modification attorney for help.
Which Parts of a Divorce Decree Can Be Modified?
Certain parts of your divorce decree cannot be changed at all, particularly the parts regarding the division of assets and debt. Unless there was a serious misapplication of Texas law or your spouse hid important facts or income, once a property settlement is finalized, it is done. Even in situations that justify a modification to the asset division, the appeal must be filed within a certain amount of time.