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January 2016 Archives

Who owns what in a community property state?

As every Texan is probably aware, Texas is a community property state. So this begs the question, "what does this mean?" Does it mean that everything you acquire during the marriage is jointly owned, no matter what? Are there exceptions or exclusions? How do you divide assets in a community property state?

Can your parental rights be terminated?

While it is possible to have your parental rights terminated, it is not easy for either the state or the other parent to have this done. The law generally presumes that it is in the best interests of the child to have both parents involved in child rearing, and this is why joint custody is usually awarded. However, in some extreme circumstances, the court could terminate your parental rights. Your parental rights can be terminated in any number of different scenarios, but they typically fall into three categories:

  • The parent is abusive.
  • The parent is absent or inactive in raising the child.
  • The parent lacks the capacity to competently raise the child.

How to approach a divorce successfully

No one enters into a marriage thinking there is some sort of time limit or expiration date. You married this person because, at some point, you loved them and believed you couldn't live the rest of your life without them. Now, you have both decided that divorce is the only option. Separating from you partner is a complex and emotionally charged matter taking fortitude and preparation.

Should you pay a lump sum or monthly spousal support payments?

There are two ways that you can pay spousal support, lump sum and monthly payments. This post will discuss the benefits and potential pitfalls of a single lump sum payment. Alimony, or "spousal support," is money paid by one ex-spouse to the other to compensate for financial disparities.

What is artificial insemination and how does it work legally?

There are two ways to artificially inseminate a mother. One method, actually referred to as "artificial insemination," involves a doctor taking sperm from either the father or a donor and placing it within the mother. The other method, and sometimes harder to accomplish, is in vitro fertilization. This method is very similar to artificial insemination, except that the doctor will inseminate the eggs outside of the mother. The doctor can use either donor sperm or donor eggs. The doctor then places the eggs into the mother.

An overview of establishing paternity

An unplanned child does not mean that the parents do not love the child. The concept of the family is quickly evolving to include a variety of matches that were unthinkable even 20 years ago. These new familial configurations can bring about some legal questions, especially if the child's parents are unmarried.

Does my divorce decree relieve me from debt obligations?

Debt is a tricky thing to settle during a divorce. The problem with debt is that you and your ex-spouse are not the only parties to that particular transaction. If you are having a dispute over the fondue fountain, then you and your spouse only need to deal with one another to settle the issue. However, when it is regarding debt, people often get divorced and do not even realize that creditors can go after anyone they want, depending on the kind of debt, to recover their investment. A creditor is not a party to your divorce, so they do not care what happened, they only want to get paid.

The records you should keep of alimony payments

Alimony, or "spousal support," is payment made from one spouse to the other to balance out the economic disparity between the two. Spousal support, although it is less common today than in previous years, is usually ordered following a formalized divorce or separation. The point of alimony is to ensure that the dependent spouse is not rendered penniless due to a divorce. It allows a spouse that forewent professional or educational development for the benefit of the marriage or children. This post covers the various records you should keep of spousal support payments and receipts.

Fathers provide unique and import benefits to their children

Much credence is given to the important role that mothers play in their children's emotional and intellectual development. This is, of course, all due and just. But sometimes the importance of fathers is overlooked. Contributing to this issue is the fact that over the years, women have gained more opportunities to work outside of the home and are often household breadwinners as well as mothers.

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