Terry L. Hart, Attorney at LawHouston Family Law Attorney | Divorce & Child Custody Lawyer2024-03-13T15:25:23Zhttps://www.terryhartlaw.com/feed/atom/WordPressOn Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474862024-03-13T15:25:23Z2024-03-13T15:25:23ZResidency requirement and divorce effectivity
Texas law requires that at least one spouse has lived in the state for the last six months from the date of filing. You must file the divorce in the county that houses the spouse who lived in Texas for six months. The spouse should have lived in the said county for the last 90 days.
As for the waiting time for the divorce to be final, it is a minimum of 60 days. Some courts finalize divorces earlier if the reason is family violence. Either your spouse got a deferred adjudication for family violence, received a conviction or you have a protective order against them.
Divorce delays due to a pregnant spouse
According to the American Pregnancy Association, a Texas court will not finalize the divorce while your spouse is pregnant. It will decide on the divorce after childbirth to confirm paternity and complete provisions on child support and custody.
Co-parenting and spousal support
There are several options for custody. If you want to suggest a co-parenting arrangement, this requires your kids to live with each spouse for at least 35% of the year.
As for time conditions for spousal support, you can ask for it if you endured family violence during the marriage. It should have happened while the divorce was pending or two years before the filing. If you’re not disabled but can’t meet basic needs, you may ask for maintenance if your marriage is at least 10 years long.
When it’s time to call it quits
Divorce may be a difficult decision that causes significant impacts to couples and families. If you’re better off as a divorcee, make the effort to put in the time and resources to legally end your marriage.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474842024-03-08T22:41:14Z2024-03-08T22:41:14ZFinancial stability
One of the primary concerns in a divorce is financial stability. You need to secure your financial future by carefully assessing your situation and needs. Be mindful of the future when approaching the division of assets, debts and financial support arrangements. Do not settle for less than what you deserve, especially if you contributed equally to the marital finances.
Parental rights and responsibilities
Another main priority during a divorce is the well-being of any children involved. You have parental rights and responsibilities that are worth protecting. This entails establishing custody arrangements that support the best interests of your children and maintaining consistent involvement in their lives. You have the right to be part of decisions regarding your children's upbringing, education and healthcare.
Emotional well-being
Divorce can take a toll on your emotional well-being, but it can be easy to overlook self-care and emotional health throughout the process. Do not compromise on seeking support from friends, family or mental health professionals. Take the time to process your feelings and emotions, and never hesitate to ask for help when needed. Engage in activities that promote relaxation, stress relief and overall well-being.
While it is advisable to seek mediation to resolve a number of divorce issues, some things are too important to warrant compromise. Striking a thoughtful balance that satisfies both parties is the key to navigating the divorce process effectively.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474832024-02-27T17:47:37Z2024-02-27T17:44:59ZAlternative services in Texas
If a spouse refuses personal delivery of divorce papers, Texas law provides several alternative options. Hiring a private process server or a constable is an option if personal delivery fails. These professionals have experience in serving documents even under challenging circumstances. They can then provide an affidavit of service, a sworn document that verifies they really served the spouse with the papers.
Service through an attorney
For spouses who have retained a lawyer, serving the documents directly to the attorney is another effective option. This method often can be effective, as the attorney has the responsibility to inform their client about the divorce proceedings.
Other methods of service
Texas law permits alternative methods if a spouse actively avoids service or if authorities can't locate them. One such method involves serving by certified mail, with a return receipt requested. In this scenario, the court clerk mails the divorce papers directly to the spouse, who then has to sign a receipt upon delivery.
If all these methods also fail, the court might grant permission for service by publication (publishing a notice in a newspaper) or posting (posting the citation at the courthouse). These methods, requiring court permission, typically serve as a last resort.
Seeking necessary help
A spouse's refusal to accept divorce papers can certainly complicate the process, but Texas law offers several solutions to this challenge. Whether through a process server, an attorney, or alternative methods, the state provides individuals with various ways to serve the papers and start the divorce.
Individuals who encounter any difficulties with the service process should seek a legal professional. They can help understand the best approach for their specific circumstances.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474822024-02-12T15:16:36Z2024-02-12T15:08:41ZSo, it’s crucial to avoid certain mistakes that could put your business at risk during the divorce process.
Not accurately valuing your business
Your business is likely one of your most valuable assets, so its accurate valuation is critical. When preparing for property division negotiations, the value of your business will play a pivotal role. Underestimating or overestimating its worth can lead to an unfair property division.
To prevent this, familiarizing yourself with the various business valuation methods is essential. These methods can help you understand your business's worth based on its assets, revenue and market conditions.
Overlooking tax implications
The division of business assets in a divorce can have significant tax implications. For instance, buying out your spouse’s share of the business could result in a sizable tax liability. Likewise, transferring business assets as part of the divorce settlement could trigger capital gains taxes. Ignoring these implications could leave you facing unexpected financial burdens down the line.So, it’s crucial to proactively plan for potential tax consequences by understanding which assets are being transferred and how they are taxed.
Mixing business and personal assets
Mixing business and personal assets is a common mistake. This practice blurs the line between your personal wealth and your business’s assets. If this occurs, the law may consider your entire business as marital property. This can subject it to division during the divorce. To protect your business, it’s crucial to keep your business and personal finances separate.
Maintaining separate accounts and records for your business helps to delineate between personal and business assets.
Your business is at stake
Experiencing a divorce as a business owner can be complicated and stressful. But remember, you don’t have to face it alone. Consider seeking a legal professional experienced in both divorce and business matters. With careful planning and guidance, you can not only navigate this challenging time but also protect your business assets.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474812024-01-30T14:22:29Z2024-01-30T14:22:29ZEnsuring fair distribution
Discovery provides the parties and the court a complete picture of the marital estate. While it is a community property state, Texas follows an equitable distribution of marital properties. Hence, discovery is crucial in determining which asset forms part of the division and which remains a separate property of each spouse. This is vital for parties to make informed decisions and for the courts to equitably divide the assets and liabilities according to state laws.
Identifying hidden assets
Unfortunately, it is not uncommon for a spouse to attempt to hide assets to prevent them from being subject to divorce property division. With discovery, the court can issue an order requiring the submission of property and financial documents, testimonies and other relevant records to uncover any undisclosed or undervalued assets.
Properly valuating assets
In property division, an accurate valuation of all marital properties is essential for a fair division. Discovery can involve appraisals of property, business valuations and expert assessments to determine the true worth of various assets. Accordingly, this helps the court distribute the properties equitably.
Realizing a fair division
The discovery process in divorce property division is crucial for ensuring that both parties have the necessary information to reach an equitable settlement or for the courts to make a fair distribution of assets and liabilities.
To achieve this, it is crucial to work with a team that will engage in reasonable discovery that protects all parties’ rights and property interests.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474782024-01-18T11:26:51Z2024-01-18T11:26:51ZUnfortunately, this setup is not for everyone. Since there are no rules to follow, there can be vagueness when determining which parent does what at specific schedules. If there is no court order, both parents retain the following rights:
Participating in the upbringing of the child, including moral, religious and basic needs
Providing childcare and other necessities
Having a say in the child's arrangements, such as school and other essentials
Keeping the child from harm, such as violence and abuse
Making decisions involving the child
Disciplining the child
If you and your former spouse have a good relationship, you can efficiently allocate time and finalize details to help both parties exercise these rights. Other times, it can be challenging, especially if there is a severe conflict between parents, forcing them to compete and fight over the child. These scenarios can pose risks to the child, potentially warranting legal intervention.
Seeking legal remedies for the child's safety
If there is reason to believe that the other parent can endanger the child, you can take measures to protect them legally. In these instances, seeking legal counsel can be beneficial in determining the best way to do so. The court may intervene if it is in the child's best interests.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474772024-01-10T20:58:28Z2024-01-10T20:58:28ZInterested third parties
In Texas, the concept of "interested third parties" plays a role in visitation rights cases involving stepparents. An interested third party is someone, other than the biological parents, who seeks visitation or access to a child. This could include grandparents, close relatives or individuals who have a substantial and ongoing relationship with the child.
Relationship and parental consent
Visitation rights for stepparents often hinge on the nature of the relationship between the stepparent and the child. It is key for you to demonstrate a positive and significant role in the child's life. Additionally, obtaining parental consent is an important step in establishing and enforcing visitation rights.
Best interests of the child
The overarching principle in determining visitation rights is the best interests of the child. Courts evaluate various factors, including the child's emotional and physical well-being and educational needs, along with your ability to provide a supportive environment. Aligning visitation requests with the child's best interests strengthens the case for seeking visitation rights.
Parental cooperation
You may find success in securing visitation rights when there is cooperation with the biological parent. Courts value parental cooperation and communication, and a unified front can significantly impact the court's decision. Maintaining open lines of communication with the biological parent fosters a supportive environment for the child.
Stability
Texas courts prioritize stability and consistency in a child's life when considering visitation arrangements. When seeking visitation rights, you should demonstrate your commitment to maintaining a stable and consistent environment for the child. This includes respecting existing routines and support systems.
Legal process
To pursue visitation rights in Texas as a stepparent, it may be necessary to file legal documents with the court. Familiarizing yourself with the process is essential for proper preparation and a successful outcome.
With a recent Forbes report noting that as many as 67 percent of second marriages end in divorce, stepchildren are all too often negatively impacted by such breakups. It is important to know that you can still maintain a connection with your stepchildren by pursuing visitation rights.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474762024-01-09T18:58:19Z2024-01-09T18:58:19ZKnow what you own and owe
A big part of divorce is taking an inventory of your assets. Gather key financial records, such as current and past financial statements, land titles, credit card statements, retirement accounts and household bills.
If your spouse is primarily responsible for handling family finances, conducting a thorough audit becomes more crucial. Doing so may help you stay vigilant against any hidden assets or undisclosed debts that might become your responsibility. Understanding your financial situation before starting divorce proceedings empowers you to make strategic decisions and prepare for the unexpected.
Establish financial independence
If you don’t have bank accounts in your name yet, this may be the time to start. Divorce can drive people to take drastic actions, such as locking up joint bank accounts or rerouting cash. In the face of uncertainty, having your own account gives you a secure place to store emergency funds and protect you from financial manipulation.
Develop your future budget
After a divorce, it is likely that your living expenses and income will change. Setting clear goals can help you avoid financial difficulty after divorce. Review your current household expenses and consider what adjustments you can live with. Make sure to leave room for emergencies.
Divorce-related expenses can escalate to thousands of dollars, not to mention your future living expenses. Seeking the advice of a competent attorney can play a crucial role in avoiding costly mistakes and ensuring the protection of your best interests.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474742023-12-21T12:13:14Z2023-12-21T12:10:03ZDepending on the circumstances, the divorcing couple may agree to refinance the home based on who gets to keep ownership of it. Still, this decision can only be beneficial in specific situations. Before deciding to refinance the mortgage, you should consider the following factors:
Your ability to afford the mortgage alone
Qualifications that may impact your capacity to refinance the loan
Other requirements, such as retitling the property
Tax implications and benefits that may apply
Other options that can be more helpful in addressing more urgent needs
If refinancing will be too much of a financial obligation after the divorce, other options can be more suitable. However, there are cases where the court indicates refinancing the mortgage as a requirement in the divorce decree, including a timeline for the process.
Knowing what to do about the mortgage
Refinancing the mortgage to keep the house can help remove the loan from under your former spouse's name. But it might only be an option if you meet specific conditions. If you are ineligible to refinance, you may have no choice but to sell the house and divide the proceeds.You can also create an agreement with your former spouse, allowing you to keep the house and mortgage while shouldering the payments. This arrangement can also include a condition that you will refinance the mortgage once you can do so. When in doubt, you should seek legal counsel to learn the most appropriate options, considering your unique circumstances.]]>On Behalf of Terry L. Hart, Attorney at Lawhttps://www.terryhartlaw.com/?p=474732023-12-11T14:32:24Z2023-12-11T14:32:24ZThe general rule: Three-year waiting period
In Texas, you can seek a child support review and modification after three years from the issuance of the original order or from the last modification and if the existing child support monthly amount differs by either 20 percent or $100 from what would currently be awarded under the child support guidelines.
However, this waiting period is not absolute.
The exception: Substantial and material change
You do not have to wait three years to seek child support modification if the circumstances surrounding the child have materially and substantially changed since the original order.
What changes count as substantial and material? These refer to changes that affect the child’s well-being, positively or negatively. Common situations that fall under this exception are changes in either parent's income, the child's medical insurance coverage, and physical custody over the child.
Ultimately, the court determines whether your situation warrants modifying the current support order before the three-year period.
Prioritizing your child’s future
Decisions involving a child are crucial since they have long-term effects on the child's development, health and overall well-being. Hence, courts follow specific guidelines, such as the 3-year waiting period, to ensure that they carefully evaluate the facts and circumstances and decide toward fulfilling the child’s best interests.
Nonetheless, there are possible exceptions for parents seeking earlier modification. Carefully reviewing your situation and exploring strategies can help you protect your child’s well-being.]]>