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Articles Posted in Family law attorney

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Default Judgments in Divorce—What it Takes to Get a New Trial Granted

You have been served with a petition for divorce and it states you have to file an answer by 10:00 a.m. on the Monday next after the expiration of 20 days.  However, you have been working things out with your soon-to-be-ex spouse and you guys have agreed upon everything. Your…

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The Judge Did Not Divide the Assets Fairly in My Divorce, Can I Appeal?

You have just finished a long bench trial in your divorce and you do not feel that the trial court was correct in its division of your assets and liabilities.  In fact, you feel that the judge was completely wrong and you got the short end of the stick.  So,…

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Spousal Maintenance for Disabled Spouse Post-Divorce: What if I Still Need It?

You are divorced and in your final orders you were awarded spousal maintenance on the basis of your disability and inability to earn sufficient income.  So, you went through all of the stages of proving your disability and proving that you could not earn the money that you need to…

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The Dangers of Handling Family Law Cases Without an Attorney

Unfortunately, there are several horror stories about parties appearing pro se (without legal representation) in divorce, child custody, child support, etc. cases.  In fact, most of the time people make the mistake thinking that they can take care of the case themselves and then realize after the fact that they…

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Post-Majority Expenses/Support—You May Have an Order, But Is It Enforceable?

You have a pending case involving a child (divorce, SAPCR, modification) and child support has been established.  However, like most parents you are concerned about the future—what happens when the children go to college, how will I afford their expenses then?  Most people say that you can “save the child…

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Texas’ Recognition of an Out-of-State Divorce Decree: A Look into the Court of Appeals’ Approach

Chapter 8 of the Texas Family Code governs spousal maintenance, Texas’ own form of “alimony”.   Spousal maintenance is not easily obtained by divorcing parties; in fact, the legislature has created a pretty high threshold.  But, the issue becomes what if you have an out of state decree that speaks to…

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What is the difference between an alleged and presumed father?

You may not think that this distinction is important, but in the world of family law it is imperative that you understand the difference.  It could be the difference between you actually being the father of a child in the eyes of the law as well as differing burdens of…

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Divorce and its Psychological Aspects

I am by no means a licensed mental health professional, psychologist or psychiatrist; however if you have been a follower of my blog regarding divorce, child custody, or any family law issue you know that I constantly write about the psychological tolls that the cases take on my clients.  This…

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What are the Holiday Child Possession and Visitation Schedules in Texas?

In Texas, if the child custody visitation schedules are court-ordered they are typically either standard possession or expanded standard possession (alternate beginning and ending times).   One parent will have the exclusive right to designate the child’s primary residence and then the non-primary parent has the visitation schedule.  In contrast to…

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My divorce lawyer will not call me back. What should I do?

Have you called your attorney multiple times to the point that you are tired of leaving a message?  Have you emailed your attorney only to find that it is a week later and you still have not received a response?  It is frustrating to have paid someone to communicate with…

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