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Articles Posted in Family law

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Violations of Temporary Orders, What Are Your Options?

If you have a current pending divorce or suit affecting the parent-child relationship then you most likely have temporary orders in place.  If not, in most family law cases you do want to ensure that you have temporary orders granted by the Court so that you know what you should…

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Can I Have My Marriage Annulled Because of Fraud?

What is the law in Texas on marriage fraud? The first step in determining whether or not you qualify for an annulment based upon fraud is to ensure that you fit within the parameters of the law on this issue.  Specifically, Texas Family Code Section 6.107 states that, “a trial…

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Can I Fix an Error in a Final Decree or Order?

If you have a final decree or final order in a family law case with an obvious mistake from what the trial court ordered or the parties agreed, you can get it fixed through what is called a Nunc Pro Tunc.  The key is that this mistake has to be…

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Should You Sign a Waiver of Service?

Your spouse has filed for divorce but tells you that you guys can agree on everything and that you do not need an attorney.  They also tell you that you do not even have to be served by process server but instead that you can sign a “waiver”.  This means…

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Modification of Custody in Less Than One Year: How Important is the Affidavit?

You just finalized your divorce or custody matter, however it seems like every time you turn around you think that your child should live with you instead of the other parent primarily of the time.  Even though it is has not even been a year yet since your final orders…

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You Are NOT the Father—BUT You May Still Owe Child Support

Are you facing a divorce with your spouse and you are concerned that you are not the father of your child?  You have probably always had that feeling (given your spouse’s cheating history) that you are not the child’s biological father but you just have never acted on that feeling. …

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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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