When a person dies in Texas, his or her estate will likely pass through the probate process. However, not all estates must pass through probate, and even if an estate is required to go through probate, not all assets are subject to the probate process.
Family Law Archives
It was in December of 2019 that President Trump signed the SECURE Act into law, and it has greatly changed retirement plans and the rules surrounding them.
In the aftermath of a loved one’s death, settling his or her estate is one of the many tasks that must be completed.
When getting a divorce, you will inevitably face many changes. Your family structure will change, you may not see your children as much, and you may also incur new debts such as alimony or child support.
Estate planning is important, however, particularly for new parents and any parent with minor children.
When a marriage is not going the right way, many couples opt for divorce. However, some agree to a legal separation if they think they can work things out. Some couples also opt for legal separation due to religious reasons, since divorce is sometimes frowned upon.
Going through a divorce is challenging enough. Add physical or emotional abuse to the mix and you are looking at a dangerous situation. Domestic violence is a serious situation in a marriage. It can be hard to leave such an environment. You may be scared of your partner’s reaction to you leaving, especially if you have been physically abused in the past.
Nobody goes into a marriage looking to get divorced, but people and situations often change over time. When spouses can no longer get along with each other, it does not make sense to continue living in a miserable marriage. That is why divorce is an option.
If you and your child’s other parent are not married or living together and you do not have custody of your child, you are legally obligated to make child support payments. The amount of child support that you must pay will be set by the court, and you have a legal obligation to make these payments on time and in full.
Before a divorce can be finalized, the parties in a divorce must reach an agreement about how to divide property and assets, as well as any debts the parties have. While parties can reach an agreement about these issues outside of court through mediation and negotiation, sometimes, a court must intervene.
Divorces can be difficult and emotions often run high throughout the process. This is particularly true when the couple has accrued a high net worth or when there are children involved. The tension and stress involved in these cases can sometimes cause people to act too quickly or to avoid taking action altogether. When this is the case, it causes some people to make mistakes that will have a negative impact on their final divorce judgment or settlement.
Collaboration and mediation are methods for divorce that are becoming more popular today. Both of these approaches focus on bringing the couple to an amicable and respectful agreement without the need for litigation. While the two are very similar, they do have their differences.
Extramarital affairs are becoming quite common, and they can wreak havoc on a family. When the extramarital affair produces a child, it can create even more anger and frustration, and some confusion.
When going through a divorce, finalizing any of the terms can be complex. Dividing assets and debt, however, is one of the most frustrating and complicated elements of many divorces. Texas is known as a community property state.
Parents in Texas have a legal obligation to provide financial support for their children. If you are divorced or no longer with the other parent, a court order for child support may be issued in your case. ..
Along with the emotional fallout of a breakup, the financial ramifications can impact you for years to come. If you relied on your spouse’s income to maintain financial security over the course of your marriage, you may be entitled to spousal support...
There are numerous issues to consider when creating a child custody plan. In addition to the parents’ needs and scheduling concerns, there are special considerations that come into play with children. Age and developmental levels are major factors, as are their school, sports, recreational, and social activities. The following provides some basic information on creating a parenting plan and tips for addressing your child’s current needs...
For unmarried parents and those going through a divorce, matters pertaining to child custody are among the most hotly contested. In addition to protecting your own rights as a parent, you want to be sure any arrangements are in your child’s best interests.
Co-parenting, also called shared parenting, is when both parents work together in order to raise their kids despite the end of the romantic relationship or the marriage. Working together to co-parent can be better for everyone in the long run, as you do not want any further issues with your children struggling to adjust after the divorce or breakup...
What you are entitled to when your parents pass away is determined either by statute or by your parents’ express wishes. If they pass away without a will, their estate will be divided up based on intestate rules, which are the rules that apply when someone passes away with no will and/or trust that governs what happens to that person’s estate...
For couples who are experiencing marital difficulties and contemplating filing for divorce, time spent apart from one another can provide a much needed break while allowing you to get some perspective on the relationship...
For many couples, the decision to seek a divorce is made after long months or even years of trying to ‘work on’ their marriage...
Negotiating child custody arrangements can be complex. In addition to disputes over the actual amount of time you get to spend with your child, there are also numerous financial matters to decide...
Parents often have strong feelings about their role in their child’s life and strong opinions about how their children should be raised. If parents feel that a child custody order is unfair, threatens their parental rights, or puts the relationship between them and the child in jeopardy, they may be tempted to take the law into their own hands...
It can be an unsettling feeling to think about the end of your life. However, soon or later, death is inevitable, and when your time comes, knowing that you have a plan in place to provide for your loved ones and the management of your estate can provide peace of mind...
Creating a trust may be both a sound financial decision and an effective way to provide for your loved ones and plan for your estate. Creating a trust, and naming a trustee, is a big decision; whomever you name will be responsible for managing your trust and distributing assets held within the trust...
It is natural for young couples to want to put off thinking about estate planning. Not only can estate planning feel like something that is ‘far away’, but it can also be emotionally uncomfortable to think about. Still, while the urge to put it off is understandable, estate planning is extremely important for young married couples. You are never too young to put an effective estate plan in place.
Your ex-husband picked up your daughter on Friday. Your custody agreement states that he gets her every other weekend. Usually, he brings her back on Sunday evening, but he called last night and said he would like to keep her one more night and he would take her to school on Monday. The request was not typical, but after you spoke with your daughter, you agreed to the extra night.
You know that you and your kids had a good relationship before the divorce. Now that they are with their mother most of the time, they have been acting strangely with you. They might seem like they are upset with you or you might find out that they said they don't want to spend time with you. There is a chance that parental alienation might be the cause of the behavioral changes. If you think this is the case, you should learn about the legal options available to make that stop so you can work on cultivating a good relationship with your children again.
Think there was a lot of conflict before you and your spouse decided to split up? According to the American Bar Association, 10 percent of divorce cases dissolve into high-conflict child custody battles. These can lead to accusations of parental alienation and parents ignoring direct court orders.
Child custody cases can become extremely contentious. They can quickly escalate into situations involving parental alienation. This is when one parent attempts to pit the child against the other parent. In the most extreme cases, one parent may go so far as to kidnap their own child, which can have serious consequences and can present major challenges for the other parent.
Divorce, in general, is not a new concept. Divorce on a grand scale among people over the age of 50, however, is. The phenomenon is called "gray divorce," and it is on the rise. Sociologists from Bowling Green State University say the reason this is happening is two-fold. People are living longer than ever now, and they simply grow apart. Furthermore, women are more capable of surviving financially on their own now, which could account for the more than half of all divorces being initiated by women.
When two people get married they live happily ever after, right? Maybe in a Disney movie, but certainly not in real life. It is inevitable that when two distinctly unique people join together conflict will happen from time to time. But is conflict always bad for couples?
Is it time for your alimony payments to your ex to come to an end? In Texas, it is possible to terminate payment of spousal maintenance, more commonly known as alimony. However, it can only be done under certain conditions and there is a process that needs to be followed.
Businesses are not like bank accounts. You cannot simply look at a statement to determine their value. They can be quite challenging to value, which adds an extra layer of complexity to a divorce when one or both spouses own one. If you are going through a divorce and you or your spouse owns a business, you may be concerned about the necessity for a professional business valuation. Here are some things to consider: