FREE CONSULTATIONS
Call Us Today 713-650-1866
Recent Blog Posts
Navigating Paternity in Houston, Texas: Protecting Your Child's Future
Discovering the truth about paternity can be an emotional and challenging journey, whether you're a father seeking to establish legal rights or a mother in need of child support. At The Cusic Law Firm, P.C., located in Houston, Texas, we understand the importance of protecting your child's well-being through the legal process of establishing paternity.
Understanding Paternity in Houston, Texas
Paternity refers to the legal recognition of a man as the father of a child. Establishing paternity has numerous implications, including parental rights, custody, visitation, and child support. In Houston, the legal process of establishing paternity can bring clarity and security to both fathers and mothers.
The Importance of Establishing Paternity
- Father's rights and responsibilities: Establishing paternity ensures that fathers have the legal rights to participate in their child's life, make important decisions regarding their upbringing, and build a loving and supportive relationship. It also enables fathers to seek custody or visitation rights if desired.
Understanding Community Property in a Texas Divorce
Divorce is often a contentious and complex process, but things can get downright ugly when it comes to the division of marital property. Texas is a state that follow the principle of community property, meaning that all assets and debts acquired while a couple was married are considered to be owned jointly by both spouses, and this property will need to be allocated between spouses before their marriage can be ended through divorce. Understanding the basics of community property laws in Texas is essential when approaching a divorce. Make sure to hire an experienced divorce attorney before embarking on this often difficult process.
Does it Matter Which Spouse Acquired an Asset or Debt?
No. Community property refers to any asset or debt that was obtained during the marriage, regardless of which spouse made a purchase or took out a debt. Common examples of community property can include real estate, income from work, pension benefits, and retirement benefits. In addition, credit card debt, utility bills, and outstanding taxes are also considered to be community property that will need to be divided between spouses during a divorce.
Understanding the Differences Between a Contested and Uncontested Divorce
Divorce is a legal process that dissolves a marriage. There are two primary types of divorce: contested and uncontested. For those looking to end their marriage, there are many differences between these two divorce types. Therefore, it is essential to understand the differences to see which method better suits you and your marital situation. Remember, regardless of whether your divorce is contested or uncontested, it is always prudent to hire an attorney, as divorce law can become complex, even if the divorce is uncontested.
Uncontested Divorce
Contested divorce occurs when both spouses agree on all the terms of the divorce. This includes dividing assets and debts, child custody and support, and spousal support. Uncontested divorces are usually faster and less expensive than contested divorces, as no disagreements need to be resolved in court. In most cases, the couple will work together to create a divorce agreement that outlines the divorce terms. Once the agreement has been finalized, the couple will submit it to the court for approval. If the court approves the agreement, the divorce will be granted.
Why Do I Need an Attorney if My Divorce is Uncontested?
Getting a divorce is a complicated process that brings significant implications for your future. Even if you and your spouse agree on all the terms of the divorce, which is referred to as an uncontested divorce, it is still important to hire an attorney to ensure that your rights are protected, and everything related to the divorce is handled lawfully and equitably. Today, we will review why hiring a lawyer, even for an uncontested divorce, is wise.
Top Reasons Why You Need a Lawyer for an Uncontested Divorce
Some believe that getting an uncontested divorce means hiring a divorce attorney is unnecessary. That line of thinking does not take into account all of the complexities and challenges you may face during divorce that require professional legal assistance. Here are some reasons why you should considering hiring an attorney even if your divorce is uncontested:
Essential Things to Know About Mediation in an Uncontested Divorce in Texas
It is widely known that divorce can be among the most upsetting and difficult processes anyone will ever have to go through. When most people think about divorce, they envision contentious courtroom proceedings, where the private dealings of a married couple are hashed out in open court for all to hear. Fortunately, alternative dispute resolution (ADR) methods have become commonplace in divorce proceedings. ADR such as meditation can help couples reach an out-of-court agreement, saving time and money which would have otherwise been spent during litigation.
You may be happy to hear that even if your divorce is not 100 percent amicable, there are still options for you and your soon-to-be ex-spouse that will allow you to have more control over the divorce process while also preserving your privacy. If you can reach a resolution through mediation or negotiation, you can proceed with an uncontested divorce. This blog will discuss important considerations to remember when it comes to an uncontested divorce, such as how mediation procedures can help aid the process and how a qualified divorce attorney can help you and your spouse resolve your divorce in a cooperative manner.
Can I Modify My Texas Divorce Decree?
A frustrating feature of many, if not most, Texas divorces is that neither spouse is typically thrilled with the outcome of the divorce decree. Finalizing a divorce requires reaching an agreement on complex topics and the potential for disagreement is high. While dissatisfaction alone is not a sufficient reason to modify your divorce decree, there are certain circumstances in which certain parts of your divorce decree may be changed to better suit your needs. If you are interested in changing your divorce decree, read this blog and then contact a Texas divorce modification attorney for help.
Which Parts of a Divorce Decree Can Be Modified?
Certain parts of your divorce decree cannot be changed at all, particularly the parts regarding the division of assets and debt. Unless there was a serious misapplication of Texas law or your spouse hid important facts or income, once a property settlement is finalized, it is done. Even in situations that justify a modification to the asset division, the appeal must be filed within a certain amount of time.
How Much Will I Have to Pay in Child Support in Texas?
Among the many issues that divorcing parents of minor children have to confront is that of child support. While most parents are eager to help their children financially, child support payments often bureaucratize the parent-child relationship in a way that feels stiff and informal. Furthermore, a parent paying child support may have legitimate concerns about whether the parent receiving child support is truly spending the funds in a way that benefits the child’s best interests. Whether you are simply considering divorce, already involved in the divorce process, or have never been married to your child’s other parent and are establishing custody and child support orders for the first time, The Cusic Law Firm, P.C. can help.
How is Child Support Calculated in Texas?
Texas expects both parents to contribute financially to their child’s well-being. The parent who has possession of a child the majority of the time is seen as contributing financially through their daily support of the child. The parent who has the least amount of possession and access (also known as “visitation”) is almost always the parent who pays child support because he or she is usually also the noncustodial parent. The noncustodial parent is the parent who makes child support payments.
How Can I Get Child Custody in My Texas Divorce?
Even after a romantic and intimate relationship between two parents has soured, those parents will often continue to stay together for the sake of the children. Fearing the consequences that a divorce could have on each parent’s relationship with the child, many adults will try to make things work even though they are both unhappy.
Unfortunately, these situations are all too common and many people who are trying to stay together for the kids ultimately find that is no longer a workable solution. However, regardless of how well you and your spouse get along, with a solid understanding of Texas child custody laws you can create a parenting plan that allows you both to keep your children close and continue developing your lifelong relationship with them.
Conservatorship, Access, and Possession
Although “custody” is the traditional term to describe a divorced couple’s legal relationship with their children, Texas law actually uses other terms to describe the specifics of custody orders.
How is property division handled in Texas divorces?
When you decide to end your marriage in divorce, the process can seem overwhelming—especially when trying to decide who gets what when it comes to the house, the furniture, the vacation property, the dog and more. Each state has specific laws about property division in divorce, and in Texas, the law views any property or debts accumulated during the marriage as community property.
What does community property mean?
In community property states, assets and debts are split 50-50 between divorcing spouses. So, if your spouse isn’t listed on the title of your home, but it was bought while you were married, your spouse is entitled to half the current value of the home. If your spouse took time away from her career to raise your children, she still will be entitled to half of what you’ve earned in your retirement accounts during the marriage. If you started a business during the marriage, your spouse will be entitled to half of what the business is worth.
When is divorce the right move to make?
Divorce can be a big life decision that introduces a lot of change and many people have a hard time deciding if they should pursue one. With so many uncertainties, you might question if divorce is the right move for you.
While you can seek advice on whether to pursue a divorce, the decision is a very personal one. If you are wondering if divorce is the way to go, there are a few things to consider about your situation.
When you feel relief when you are away from your spouse
If you find yourself happier and more at ease when you are separate from your spouse, that indicates that space is needed between the two of you. This might be solved by the both of you resolving to have more individual time away from each other. In other circumstances, you may find that occasional ‘me time’ isn’t sufficient and a more permanent solution is necessary.
When you can easily imagine a life without them
Contact Us
Call 713-650-1866 or fill out the form below to set up a free consultation today:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
| 713-650-1866 | 650 N. Sam Houston Pkwy. E. Suite 220, Houston, TX 77060 |
