Whether a celebrity or not, we all worry about many of the same core issues when facing a divorce – How do I protect my stuff (money, investments, real property, personal property) and how do I protect the kids. As we have seen with Mary Kate Olsen’s recent divorce, a…
As states begin to emerge from months of lockdown resulting from the COVID-19 pandemic, will there be an increase in divorce filings? This question is of particular interest in Texas, where state and local officials have started the process of easing quarantine restrictions. However, with much uncertainty as to the…
It is not uncommon for a non-custodial parent who moves away to seek custody. To change a Texas custody order, the parent must show that the change is in the child’s best interest and that there has been a substantial and material change in circumstances. A mother recently challenged the…
When a party wants a judgment corrected, he or she generally has to challenge it directly within a specific time frame. In some cases, however, a person may seek to avoid the effect of the judgment through a collateral attack. A voidable judgment becomes final unless it is attacked directly…
Pursuant to the Texas Supreme Court’s 17th Emergency Order Regarding The Covid-19 State of Disaster, Texas courts may now modify or suspend deadlines for civil and criminal cases, except for child-welfare cases, until September 30. In child-welfare cases, the Texas courts may modify or suspend a deadline or procedure imposed…
In a Texas custody case, the court is not required to give parents equal periods of possession or visitation just because it appoints the parents as joint managing conservators. Tex. Fam. Code § 153.135. The court is also not required to award rights and duties of conservatorship to each parent…
Divorce can be complicated when the parties are citizens of different countries. Each party may feel a divorce in the other’s country may be unfair to them. There may be issues regarding jurisdiction. Furthermore, even after one country issues a divorce, the other country may not recognize it. A husband…
Texas family law contains a presumption that it is in children’s best interest for the parents to be appointed joint managing conservators. If there is credible evidence of a history of child neglect or physical or sexual abuse by one parent against the child the court may not appoint both…
Although courts are still open and conducting Zoom hearings, there is no doubt that many court cases are moving along more slowly than otherwise desired as a result of the COVID-19 pandemic. A potentially more practical and expedient method of divorce is collaborative law. Collaborative law is just how it…
When there is a finding of paternity, a child’s father may move to change the child’s name. Under Texas family law and the state constitution, both parents are treated equally, however, so a child’s surname will not be changed to that of the father based solely on tradition. The court…