Yes, the court can consider fault in property division in a Dallas County divorce. Texas is a community property state, which means that all property acquired during the marriage is presumed to be owned equally by both spouses, regardless of who earned the income or whose name is on the title. However, the court has discretion [...]
Does the custodial parent in Dallas County have to force the child to go to visitation if they do not want to go?
In most cases, the custodial parent's responsibility is to make the child available for visitation with the other parent, rather than to force the child to attend the visitation, assuming there is no physical or sexual abuse or neglect. This means that the custodial parent should make reasonable efforts to ensure that the child is available [...]
A parent may want to modify a custody order in Texas for several reasons, such as: Relocation: One parent may need to move out of the state or a considerable distance away from the child's current residence. This could make it difficult to follow the existing custody arrangement, and a modification may be necessary. Changes in [...]
In Texas, a modification of a custody order refers to a legal process by which the terms of an existing custody order are changed. This process can be initiated by either parent or guardian, and may be necessary if there has been a significant change in circumstances that affects the welfare of the child. For example, [...]
A custody order in Texas is a legal document issued by a court that outlines the custody arrangements for a child. This order typically sets out which parent or parents have the right to make decisions for the child and where the child will primarily reside. The custody order may also address issues such as visitation [...]
What actions should be taken if one parent fails to comply with the Dallas County child custody or visitation order?
If the other parent is not following the child custody or visitation order, the first step is to document the violation. You can file a motion to enforce with the court. If a court hearing is held, the judge will consider evidence from both sides and make a decision on whether to enforce the order. In [...]
What options are available in Dallas County if your ex-spouse is not fulfilling their obligation to make car payments as agreed upon in the divorce decree?
You need to have your name removed from the vehicle as soon as possible. Go to court to ask that you be allowed to sell the vehicle in order to remove your name.
How can a married Dallas County resident establish sole ownership of a property located in another state, using their own funds for the down payment and obtaining the loan solely in their name?
As a Texas divorce attorney, I would advise that in order to establish sole ownership of a property located in another state, it is recommended to obtain a post-nuptial agreement with your spouse before making the purchase. The post-nuptial agreement should clearly state that the property is being purchased with your own funds and that the [...]
If a person who resides in Dallas County is divorced in Dallas County but has property located in another country, what should they do?
The Texas court cannot divide property from another country in a divorce. The Court can grant the divorce and divide property in the United States. A lawyer will have to be hired in the other country to divide the property in that country.
It can be a good idea to freeze your credit during a divorce, especially if you are concerned that your ex-spouse may be financially irresponsible or financially abusive. Freezing your credit will prevent unauthorized access to your credit information and help protect you. Contacting each of the three credit bureaus is free and easy to do.
In Texas, the standard for dividing property in a divorce is based on what is considered "just and right". This means that the division of property will be determined on a case by case basis, taking into account the specific circumstances of the marriage. Generally, the division of property is equal between the spouses, but it's [...]
Before dividing property in a Texas divorce, it's crucial to have a clear understanding of the marital assets and debts. This can be achieved by working with a knowledgeable divorce lawyer who can help identify, categorize, and estimate the value of all assets and debts under the names of either spouse. This way, both spouses will [...]
As a Texas divorce attorney, I often encounter the misunderstanding that community property is divided equally between spouses in all Texas divorce cases. This is not the case. The legal standard for dividing community property in Texas is to divide it in a just and right manner, taking into consideration the rights of each party and [...]
In Texas, property is classified as separate, community, or mixed. Separate property is acquired or created outside of the marriage and belongs solely to one spouse. Community property is acquired or created during the marriage by either spouse and can be divided in a divorce. Mixed property is a combination of both separate and community property, [...]
How can a resident of Dallas County find their tax returns before filing for divorce if their spouse has always handled them?
The IRS website allows you to download and print your tax return transcripts from prior years. Visit http://www.irs.gov/Individuals/Get-Transcript and enter your personal information and answer privacy questions to access the information.
In Dallas County can a spouse prevent their partner from seeing their children or accessing their home before a court order is put in place?
In the absence of a court order, both parents have equal rights to their children and both spouses have equal access to the home. However, if one parent is preventing the other parent from having access to the children or the home, it may be necessary to seek a court order to establish these rights and [...]
An original suit involving a child can be filed in Dallas County if the child in question resides within the county. However, if another court has continuing exclusive jurisdiction over the case, it may not be filed in Dallas County. For divorce cases with children, the suit may be filed in the Dallas County district court [...]
What happens if a divorce is filed in one court in Dallas County and the other party files a child support case in a different court?
The child support case will be consolidated into the divorce case if the divorce case is filed in the correct jurisdiction.
The law states that when a court is trying to determine where a child lives, they do not have to make sure that the child has lived in one place the whole time. They will look at where the child has mostly lived in the last six months before a legal case starts.
Why should I have my spouse’s business valued during a divorce even if I am not seeking a share of the business?
Having the business valued during a divorce can help establish your spouse's assets and aid in the case for other awards, such as spousal support and child support.
Lottery winnings acquired during marriage are community property. While it is generally true that community property in Texas is divided equally between the spouses in a divorce case, it is also important to note that this division does not have to be exactly 50/50. The court has the discretion to divide the property in a way [...]
In a Texas divorce case, there is a deadline for submitting evidence that will be used at the final trial. This deadline is called the "discovery cutoff date" and it is typically set by the court at least 60 days before the final trial date. This gives both parties ample time to gather and submit any [...]
The court retains jurisdiction for contempt up to 6 months after the kid is adult or up to 6 months after the right to possession terminates.
The court retains jurisdiction for contempt up to 2 years after the child becomes an adult or 2 years after the child support obligation terminates.
A retainer is an amount of money paid in advance to secure the services of an attorney. The retainer is held in a trust account on behalf of the client. The attorney's hourly rate is billed against the retainer amount. What that means is that every time work is performed on a client's file the hourly [...]
There is a minimum 60 day waiting period in Texas to finalize a divorce. However, how long a divorce takes depends on many factors including the issues involved in the divorce and the court's availability to schedule hearings for contested issues.
There are two types of divorce in Texas: Fault and No-Fault. Most divorces in Texas are no-fault. It is the least expensive. There are 5 basic categories of fault divorce in the Texas Family Code. Fault can be important for the purpose of marital property division, parental rights, and spousal maintenance. The 5 fault categories are: [...]
To file a divorce in Texas at least one spouse must have lived in Texas for 6 months and in the county where the divorce will be filed for at least 90 days prior to the filing of the divorce.