Because the Texas Family Code allows for no-fault divorce, many Texans who are considering filing for divorce believe that fault won't make a difference in their divorce proceedings. This is not true. Because no-fault divorces are allowed in Texas, a spouse cannot prevent a divorce decree by forcing the filing spouse to prove fault. However, proving fault can have a significant effect on several important elements of a divorce settlement.
Divorce is a huge decision to undertake. You need to consider the merits of your relationship, dividing assets, incomes, and other matters. It is especially complicated if you have children. Now imagine if your child has special needs. Children with special needs may have difficulty adapting to a new a home, they require additional attention and care, and they require more support services. This post will go over the different support issues inherent to children with special needs.
You never thought it would end up this way: after the divorce, you rarely see your kids. You are a father who is frustrated that your ex will not let you visit the kids. You worry how much longer you will have to wait to see them and be involved in their lives. "It's been too long, but maybe next month will be better," you tell yourself. You hope. You wait.
Acknowledging paternity is the affirmative acceptance of paternity over a child. Paternity imposes duties on both the child and father. For example, the father must care for the child, and the child must obey the father. Paternity imposes significant duties of care on the father that can carry well into adulthood if the child is physically challenged or attends college. Fathers can rescind an acknowledgment of paternity, but it is a complicated process. This post will discuss the requirements to file a rescission successfully.
Paternity is the establishment of a formal legal relationship between a father and child. It requires the father to provide financial, emotional, and familial support to the child. In short, paternity requires the father to provide benefits to another person for at least 18 years (and sometimes longer if college is involved). In Texas, there are two methods to avoid paternity, denial and rescind.
Divorce marks the end of a partnership that both parties hoped would last a lifetime. The plans of a happy family with children fade into disputes regarding custody (conservatorship), possession, access and support.
It is remarkably easy for divorces to spin out of control. You disagree about one small aspect, and suddenly the entire divorce is suspect, and thousands of more dollars are at stake. Unfortunately, Ms. Jules Wainstein is getting a reality check in her contested divorce. The former Real Housewife of New York City recently withdrew from the show after only one season due to the bitterness of her ongoing divorce proceedings.
All 50 states have some law on the books that requires child support payments by the non-custodial parent. Child support is the payment of money from the noncustodial to the custodial parent. The custodial parent is the parent who cares for the children the majority of the time. The more parents share parenting time; the less maintenance paid. It is designed to ensure that the non-custodial parent does not escape their parental duties.
Every divorce is unique. Each divorce is made unique by each couple's unique mix of children, medical issues, bills, assets, retirement plans, and relationships. As discussed in a previous post, there are four "methods" to divorce: do-it-yourself, mediation, collaborative, and litigated divorce. The last post discussed DIY and litigated divorce. This post will discuss the pros and cons of mediated and collaborative divorce.
Interstate child custody disputes are slightly more complicated than the typical intrastate dispute. Interstate custodial disputes involve issues with constitutional law, custodial law and recognition of lawsuits by other state courts. This post will review the various legal issues surrounding interstate child custody disputes.