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Family Law

ALIMONY IN TEXAS

Texas Alimony | Am I Eligible For Spousal Support In Texas?

Report: Alimony in Texas – Divorce is one of the most emotional proceedings in Texas courts. What can make divorce an even more emotional happening is the possibility of supporting an ex-spouse, oftentimes in addition to the division of community property and the payment of child support. This can be overwhelming for the spouse that is ordered to pay spousal support or maintenance. However, this may be a just and right solution to the ex-spouse who is unable to earn enough income due to barriers created during the marriage. Spousal support, a/k/a Alimony…or what the Texas statute refers to as spousal maintenance, is a fortunate solution for ex-spouses. What is spousal support and who is eligible? Let’s discuss.

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Guardian Ad Litem vs. Attorney Ad Litem

Protecting the interests of a ward, or proposed ward is a Texas court’s primary interest. In order to protect those interests, the court may appoint individuals with distinct duties to represent a ward or proposed ward. Two of those individuals are called a guardian ad litem and an attorney ad litem. What are their roles and who do they differ? Let’s see.

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Temporary Restraining Orders in Texas, Harris County

Circumstances arise in which parties are in need of immediate protection from certain individuals. Fortunately, the Texas Family Code provides an immediate response to potential danger and provides protection to a party, a child, or property. This protection comes in the form of a Temporary Restraining Order (TRO). What is a TRO and what does it do? Let’s discuss.

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Houston Family Lawyers

Grounds For Annulment

The terms annulment and divorce are oftentimes confused. Although, at first glance, these terms might seem similar, they are actually very distinct. In short, a divorce occurs to end a once valid marriage; an annulment occurs to end a marriage that was never valid.  In order to determine whether or not a marriage is valid, it is important to review the grounds for annulment.

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Annulment Marriage vs. Void Marriage

The dissolution of marriages is a common happening in Texas Courts. Dissolution could occur through proceedings such as divorce or annulment. A marriage may also be considered completely void. What is the difference between a marriage dissolved by annulment and a marriage that is voided? Let’s see.

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Service Of Process For Divorce In Texas

There are six main steps in the divorce process in Texas: filing a petition for divorce; formally notifying the non-filing spouse of the divorce; agreeing to temporary orders; learning about assets and debts through discovery; negotiating a final settlement; and finalizing the divorce. This article will focus on the second step – formally notifying the non-filing spouse of the divorce. The process in which divorce documents are to be served are outlined in the Texas Family Code and the Texas Rules for Civil Procedure.

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Reporting Child Abuse

Sometimes, it is difficult to draw a line between child abuse and disciplining a child. Other times, it is not as difficult. Luckily, Texas outlines what it considers child abuse and the proper guidelines to report it.

What does Texas Consider Child Abuse?

The Texas Family Code is far from vague on what it defines as child abuse. Chapter 261 of the Family Code lists abuse as:

  1. mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

  2. causing or permitting the mental or emotional injury;

  3. actual physical injury that results in substantial harm to the child;

  4. failure to make reasonable effort to prevent action from another person that causes injury to the child;

  5. sexual conduct that harms the child’s mental, emotional, or physical welfare;

  6. failure to make reasonable effort to prevent the sexual conduct;

  7. compelling or encouraging a child to engage in sexual conduct;

  8. encouraging, permitting, causing, or engaging in photographing, filming, or depicting of a child in obscene or pornographic content;

  9. harming the child through the use of a controlled substance;

  10. encouraging a child to use a controlled substance;

  11. causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child;

  12. allowing the sexual trafficking of a child; or

  13. neglecting a child.

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Community Property vs. Separate Property in Texas

States all over the United States have different laws for dividing property. Texas, happens to be what is called, a “Community Property State”. What does being a community property state mean? What are the differences between community and separate property? Courts use a simple method to differentiate the two types of property—they look at the exact time the property was acquired.

What is Separate Property?

Separate property is property acquired by an individual before the marriage, or, during the marriage if acquired by gift, devise or descent, or agreement. Examples of separate property include: income earned or property owned by either spouse before the marriage; any property acquired by gift or inheritance; and damages for a personal injury claim for a physical injury sustained.

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