Blog Posts in June, 2015

My divorce case is still pending and I want to get remarried-what should I do?

Texas is one of only a few states who require a divorced person to wait before they may get remarried. In the state, there is a 30 day waiting period, during which time, either party can appeal the divorce decree and the divorce can be reopened. Any new marriages within the 30 days are voidable and can be challenged by one of the parties. Waiting can be a positive for those couples at odds with ...

How is child custody determined?

In any state, custody is determined overall on the basis of the child’s best interests. Mediation is often encouraged as a first step, otherwise the court will decide custody. In Texas, a child who is at least 12 years old can sign an affidavit stating which parent they wish to live with, although the judge is not bound by the child’s wishes exclusively. The best interests of the child breaks down ...

What will happen to my property in divorce?

In Texas, a community property state, when you divorce , most property acquired during the marriage belongs to both spouses and must be divided. All the property which either spouse acquired during the marriage is considered by Texas courts to be community property. This property is to be divided in a just and fair way when the couple divorces, meaning the division should be equitable. The court ...