Division of property is a complicated issue under the circumstances of a divorce, not to mention when the property being divided is retirement benefits. So who gets retirement benefits in a divorce? Let’s see.
Article published by the Texas Divorce Attorneys (832) 410-8935.
Assuming there is no prenuptial agreement, here is a breakdown of how division may occur.
Marriages often join two individuals who promise their lives to each other– for better of for worse. Oftentimes, for worse comes sooner than the couple expected. Fortunately for these couples, Texas laws outline the concept called premarital agreements that could protect the assets of each spouse. What does the Texas Code say about this? Let’s see.
With modern-day technology, paternity is much simpler to establish. Texas statutes have also outlined the requirement for establishing and rebutting paternity. Let’s take a look.
Divorce Attorney? Call (832) 410-8935.
To be a presumed father, Texas law will presume an individual to be the father of a child until that presumption is proved or rebutted.
The Texas Family Code outlines specific instances and situations in which the state presumes a man to be the father of the child. According to the Texas Family Code, FAM §160.204, the presumption of paternity is defined as follows:
Sec. 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;
(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
(A) the assertion is in a record filed with the vital statistics unit;
(B) he is voluntarily named as the child’s father on the child’s birth certificate; or
(C) he promised in a record to support the child as his own; or
(5) during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
Family violence is a real and present danger to many Texas Citizens. Thus, it is important to know what exactly constitutes family violence under Texas law, what individuals must report family violence, and to what authorities must the violence be reported to. To tackle all of this, let’s dive into the statute.
According to the Texas Family Code, FAM §71.004, family violence is defined as follows:
It is important to note that this statute does not include the reasonable discipline of a child.
The discussion of bigamy in modern-day society has the most negative connotations. Although the Texas Family Code makes it illegal for an individual to have more than one spouse; Texas courts are still battling the continuing emergence of bigamy and what Texas calls a putative marriage. Article published by the Houston Divorce Attorneys (832) 410-8935. … Read more
Child Custody is a sensitive issue handled by the Texas Family Courts. Texas courts will always prefer a joint managing conservatorship between the parents, however that may not always be the case. Let’s dive in to what factors the court considers while determining child custody. Speak to a Houston Divorce Attorney at (832) 410-8935. Types … Read more
When marriage is discussed, a religious ceremony and a civil proceeding may come to mind. Texas, however, recognizes an additional category of marriage—a common law marriage—what the Texas Family Code defines as an Informal Marriage. It is important to note that in Texas, there is no distinction between a Common Law Marriage and an Informal … Read more
Before filing for divorce, it is important to know what exactly will qualify as a proper ground for divorce under the Texas Family Code. Need a divorce attorney in Houston, call (832) 410-8935. Let’s jump right in… Texas law has listed the following as proper grounds for divorce: insupportability, cruelty, adultery, conviction of a felony, … Read more
If you need to speak to a Houston Divorce Lawyer, call (832) 410-8935, we offer free consultations over the phone to most clients. Who is an Attorney ad Litem? When dealing with some court proceedings, the appointment of an “attorney ad litem” might be necessary. The Texas Family Code defines and attorney ad litem as … Read more
Many attorneys believe that mediation is actually the preferred way to handle your divorce case. It certainly has many advantages as discussed in the video below. Call the Houston Divorce Attorneys for a Free Consultation (832) 410-8935. Attorney Robert Von Dohlen is not affiliated with this firm. Houston Divorce Mediation Attorney Does your particular divorce … Read more
A divorce case in Texas can last anywhere from 60 days to more than 12 months. During that time, all of your bills still need to get paid…
Contact the Houston Divorce Law Firm for a free consultation (832) 410-8935.
Hopefully the couple can remain cordial and keep going with business as usual as far as paying the bills goes. But that is not always the case, which is why you should talk with your attorney about the best way to handle this situation.
You should speak to your attorney about how the bills have been getting paid in the past, and then come to an agreement about how to proceed moving forward. This can give you and your soon to be ex-spouse an idea of what to expect.
Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.
The first question many clients ask is…”How much will divorce cost?” Then they ask, “How long will it take?”
Call the Houston Divorce Attorneys for a free consultation (832) 410-8935.
The fastest you can get a divorce under Texas Law is 60 days.
From the day of filing until the divorce decree is executed cannot be shorter than 60 days under Texas Law.
However, very few Texas divorces actually get completed in 60 days. Complicating issues such as: unique divisions of property issues, minor children custody disputes, child support disputes, basically anything you want to argue and fight over…can make the divorce both cost more, and last longer.
Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.