Life can take unexpected twists and turns and it is important to be ready for them. The last thing you may ever have thought you would need to address is what to do if your partner passes away during your divorce. But if your partner is currently suffering from a chronic illness, this event may not seem so far away. 

If you are facing the prospect of a partner who has passed on in the middle of the divorce process, it is important to be well-informed. We suggest you contact a lawyer who can answer your questions and concerns. At Brandon Wong & Associates, you can rest assured that you are in good hands. We make every effort to establish a welcoming atmosphere where all questions are treated with concern and care and will handle your case with the sensitivity it deserves.

What is the Next Step After the Death of a Partner During Divorce?

Having your partner die during your divorce is certainly unusual, but the law in the Lone Star State dictates what should happen next on these rare occasions. According to Texas state law, if one partner passes away before the case is resolved, the divorce is dismissed. This means that the case will not proceed in court. Instead, a lawyer will officially report that their client has died. The living partner will then be viewed as a widowed individual rather than someone who went through the divorce process.

Of all your assets, it is probable that the worth of your house is the most valuable. It is also likely a place where you feel comfortable and at ease. Because it is of great importance, you may be worried about this issue. If you are in the process of getting a divorce, you might wonder: Will you receive the rights to your house?

Like most areas of law, the answer to this question is not simple. But, with dedication and effort, a suitable answer can be discovered. In order to find a solution that aligns with your needs, we suggest you contact a Texas lawyer who can assist you. Here at Brandon Wong & Associates, we are here to help you navigate your journey.

If you are required to pay child support, and you have lost your job, you may be wondering about how your obligations will be affected. It is important to understand that until a child support modification order is issued by the court, you cannot stop making child support payments.

The Legal Obligation to Pay Child Support

The state of Texas has put guidelines in place to determine child support payments based on factors like the income earned by parents and the number of children. Once an order for child support has been put in place by the court system, it is legally binding until it is modified or terminated through proper channels. Losing your job does not automatically relieve you of your requirement to pay child support. You must keep making payments as ordered, and if you miss any payments, these amounts will be owed until they are paid in full.

Petition for Modification of Child Support

If your circumstances change due to unemployment or any other reasons for a loss of income, it may be possible to seek a modification of your child support order. However, keep in mind that temporary or short-term unemployment may not merit changes unless other factors are involved, such as health issues or disability.

Getting a divorce can be a complex process, and the division of marital assets can be one issue that may lead to contentious disputes and concerns about inappropriate behavior. In some cases, one spouse may attempt to conceal or hide assets during a couple’s divorce proceedings. This can have serious consequences for the other party, since it may affect their ability to receive a fair share of the marital estate.

In Texas, spouses are required to disclose all their assets and debts during divorce proceedings. However, despite this legal obligation, some individuals may choose to hide certain assets in an attempt to minimize their financial obligations or secure more favorable terms in a property settlement. A person who suspects that their spouse has engaged in this type of behavior will need to understand how to address these issues and ensure that all forms of marital property will be considered correctly during their divorce.

Mandatory Disclosure Requirements

Under Texas law, divorcing spouses must provide each other with a full financial disclosure. This will include a detailed inventory of all assets and liabilities, including both separate property and community property. Assets that will need to be disclosed include real estate properties, bank accounts, investments, vehicles, business interests, retirement accounts, and personal belongings. In addition, parties are also required to disclose any outstanding debts, such as mortgages, loans, credit card balances, and tax liens. 

When parents need to address child custody issues in family court, some of the key decisions will be related to the conservatorship of their children. In Texas, conservatorship refers to the legal rights and responsibilities of parents regarding their children. It determines who has the right to make important decisions about a child's upbringing, such as their education, healthcare and medical treatment, and religious participation and training. In addition to conservatorship, parents will also need to determine how physical possession and access to their children will be handled.

Types of Conservatorship

In Texas, there are two types of conservatorship:

Joint Managing Conservatorship

Joint managing conservatorship is the most common type of conservatorship in Texas. In these cases, both parents will share the rights and responsibilities for making decisions about their children's upbringing. However, it does not necessarily mean that the parents will have equal amounts of possession and access. Children may live with one parent most of the time while still spending reasonable amounts of time with the other parent.

Going through a divorce is challenging for any family, and one of the most difficult aspects involves discussing it with your children. Handling this conversation with care and sensitivity is crucial to help your children navigate this significant life change. Here are some helpful tips on discussing the end of your marriage with your children and ensuring that your family will be prepared for the changes you will be going through.

Honesty Is the Best Policy

When discussing your divorce with your children, it is important to be honest with them. While it can be tempting to sugarcoat the situation or shield them from the truth, children are perceptive and can sense when something is wrong. Explain the situation in an age-appropriate manner using clear and simple language. Assure them that the divorce is not their fault and that both parents still love them.

Consider Their Age and Development

A child's understanding of divorce will vary depending on their age and developmental stage. Younger children may struggle to grasp the concept of divorce, while older children may have more questions and concerns about how their lives will change. Tailor your conversation to your child’s level of understanding and be prepared to address their specific concerns and emotions.

Many families elect to use mediation to resolve their divorce, child custody, or other family law dispute without waiting for the court to order it. Mediation offers a number of benefits over traditional litigation. It generally costs less to see a mediator than to try a case in court. Mediation can also save time and lead to a more amicable resolution. Family law cases can be complicated to resolve judicially. If there are children involved the court may bring in a guardian ad litem. Both parties will need to identify and present evidence. The process can take years in some cases, particularly in a complex divorce. Mediation, however, can allow you to resolve the dispute much more quickly. In some cases, when the judge believes that mediation would be an effective way for the parties to resolve their case out of court, they may order mediation. It is still important to be represented by an experienced attorney. 

Reasons a Texas Court May Order Mediation

The Texas Alternative Dispute Resolution Act (TADRA) provides that it is the state’s policy to encourage parties involved in a family law case to resolve their disputes in a peaceful manner when possible. The court may order the parties to try mediation if it believes that mediation is likely to succeed. You may be ordered to try alternative dispute resolution if: 

• Children are involved - Language in TADRA specifically refers to cases concerning children. When a parent-child relationship or child support is concerned, the court is more likely to order mediation. Resolving legal disputes concerning children out of court can shield the child from conflict and keep the family’s affairs private. 

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The process of divorce can lead to a variety of financial difficulties, especially for those who rely on their partners to provide income for their families. In cases where one spouse is a stay-at-home parent, where one spouse earns a much higher income than the other, or where one spouse is unable to fully support themselves because of issues such as disabilities, alimony may be a factor to address during the divorce process. This form of support, which is also known as spousal maintenance or spousal support, will consist of payments by one spouse to the other after a divorce has been completed. In divorce cases where alimony may be a factor, it is important to understand how courts will determine the amount that will be paid.

Issues That May Affect Decisions About Spousal Support in Texas

One of the first factors considered when addressing alimony is the length of the marriage. Generally, the longer the marriage lasts, the greater the chance that alimony will be awarded. The Texas family code states that a spouse seeking spousal maintenance will be eligible for support if the couple was married for 10 years, and the spouse does not have the ability to earn enough income to cover their minimum living expenses.

Alimony may also be appropriate in some situations where a couple was married for less than 10 years, such as when the spouse seeking support has a physical or mental disability that has affected their ability to work. If a spouse will be responsible for providing extraordinary care for one or more of the couple's children because a child has a disability, and this care will prevent the parent from earning sufficient income, the other spouse may be required to pay spousal support. Finally, in cases involving domestic violence, alimony may be awarded if a spouse was convicted of a family violence offense or received deferred adjudication at any point within the two years before the couple's divorce case began. Family violence offenses that occurred during the divorce process may also make a spouse eligible for alimony.

Getting a divorce can often be a difficult process, and if you are planning to separate from your spouse, you will need to be aware of the various legal and financial concerns that may affect your case. Some of the most complex and contentious issues to address will be related to your marital property. As you work to divide your assets and debts between you and your spouse, you will need to consider multiple types of financial factors in order to ensure that the decisions you make will protect your interests and allow for your ongoing success. These issues can be especially complicated if you are a business owner, and you may worry that your divorce could lead to the end of your business and significant financial difficulties. By understanding how issues related to your business may be handled during your divorce, you can take steps to negotiate agreements that will provide for your ongoing needs.

Is a Family Business a Marital Asset?

The first issue to address is whether your family business is an asset that you and your spouse own jointly or property that you own separately from your spouse. Marital property, which is also known as community property, consists of any assets or debts that either you or your spouse acquired while you were married. There are a few exceptions, such as property that was inherited by one spouse. However, if your business was founded or acquired at any time after the date of your wedding, it will generally be considered marital property. This means it will need to be considered as you divide assets and debts with your spouse.

On the other hand, if you owned a family business before you and your spouse got married, it will usually be classified as separate property, and you will be able to continue owning the business without being required to divide it with your spouse. However, some disputes may arise about whether your spouse made any contributions to the business, such as by investing marital funds in the company in order to purchase new equipment or expand operations. If your spouse helped the business increase in value during your marriage, you may be required to pay them back for any contributions they made and ensure that they are fairly compensated for their investments of money, time, or effort.

Legally ending a marriage can be a complex process. After filing for divorce, there are numerous issues that will need to be addressed and resolved, and specific legal procedures will need to be followed before a family court judge will issue an order terminating the marriage. In general, there are two potential approaches that may be taken during this process, and spouses may pursue either a contested divorce or an uncontested divorce. By understanding how these approaches differ and the potential benefits and drawbacks of each option, a person can determine what they will need to do to complete their divorce successfully.

Contested Divorce

A contested divorce is one in which the spouses cannot agree on certain terms related to the end of their marriage. These disagreements may be related to issues such as child custody, property division, alimony, or any other matters that will need to be resolved before their marriage can be dissolved. When negotiations between spouses reach an impasse, they may bring these matters before a judge and ask them to make the final decisions. A divorce trial will then be held in which the spouses' attorneys will make arguments on their behalf, each side will question and cross-examine witnesses, and evidence may be presented. The judge will determine how all outstanding issues will be resolved, and they will then create a divorce judgment and terminate the marriage. A divorce trial can be very expensive, time-consuming, and emotionally draining, and it is often a last resort when all other options for resolving disputes have failed.

Uncontested Divorce

In an uncontested divorce, a couple will be able to reach agreements on how all issues in their case will be resolved, without the need for court intervention. A couple may use a variety of methods to create a divorce settlement, including negotiating with each other with the help of their attorneys or using mediation. With an uncontested divorce, spouses can typically avoid a lengthy trial process. Once they have reached agreements on all outstanding issues in their case, they can attend a hearing where a judge will approve their settlement and terminate their marriage by issuing a divorce decree.

Getting a divorce can be a tough and emotionally exhausting process, especially for parents who are fighting over the custody of their children. Ideally, parents would be able to share the custody of their children in a nice and cordial manner. In reality, this is not always the case, and contentious disputes may arise about where children will live and how parents will make decisions for them in the years after their divorce. Unfortunately, fathers sometimes feel like they do not have the same rights as mothers when it comes to child custody. Because mothers have traditionally been responsible for child care, some people assume that they will have primary or sole custody of children after getting divorced. However, these attitudes have changed in recent years, and both fathers and mothers will need to understand how the laws address fathers' rights in divorce and family law cases.

Presumption of Joint Custody in Texas

Under the laws of the state of Texas, joint legal custody of children is usually preferred. In fact, courts presume that joint managing conservatorship, the state's term for legal custody, is in the best interest of the child. This means that unless there is evidence showing that shared custody would be detrimental to the child, both parents will be given an equal say in how the child will be raised and how issues such as education and healthcare will be handled.

When determining whether there are any reasons why joint legal custody would not be in a child's best interest, courts may consider various factors. These include:

Establishing paternity can be crucial for both parents and children. A child has the right to know their biological father and get the love and support they deserve. On the other hand, the alleged father has the right to know if he is indeed the biological father and to take responsibility if he is. However, there are situations involving mistaken paternity where a man may be identified as a child's father when someone else is the child's actual biological parent. In these situations, it may be possible to challenge a presumption of paternity, a voluntary acknowledgment of paternity, or a denial of paternity by another party. If you are an alleged father in Texas, it is important to know how these issues may be handled.

Presumption of Paternity

Texas law states that a man is presumed to be a child's father if he was married to the child's mother and the child was born during the marriage. A presumption of paternity will also exist if a man was formerly married to the mother, and the child was born before the 301st day after the marriage ended. If a couple got married after a child was born, and the husband was named on the child's birth certificate or agreed to support the child, paternity may be presumed. Finally, paternity will be presumed if a man lived in the same home as a child from when the child was born until they reached the age of two and represented himself as the child's father to other people.

Challenging Paternity

If a man is not a child's presumed father, he may be named as the legal father by signing an acknowledgment of paternity. On the other hand, if a man is a presumed father but believes he is not the child's actual biological father, he may sign a denial of paternity. This document must be accompanied by an acknowledgment of paternity by the child's biological father.

When it comes to divorce proceedings, it is essential to understand how issues related to a couple's property will be addressed. In the state of Texas, all assets and debts that a couple accumulated during their marriage are regarded as "community property," meaning that they are owned by both spouses equally. All community property will be divided between spouses during the divorce process. However, the process of dividing property can become much more complex and difficult in situations where a spouse has wasted or dissipated marital property. That is, if either spouse took actions that could reduce the value of a couple's community property, and they did so for non-marital reasons, this may be considered dissipation of assets, and it may need to be addressed during the process of dividing property.

What Is Considered Dissipation Of Assets?

Asset dissipation involves one spouse using marital funds for their own benefit before or during their divorce proceedings. Asset dissipation can take many forms, and it can include activities such as gambling, excessive spending, or transferring money to other parties without the other spouse’s knowledge or consent. It may also include intentional destruction of property or other activities in which marital funds were wasted, such as by buying expensive items for a person's sole benefit or using money to further an extramarital affair. In addition, if one spouse sells any property that was acquired during the marriage without consulting their partner or obtaining permission from the court, this may be considered dissipation.

Divorce can be a difficult and emotionally-charged process. If you are considering a divorce in Texas, one of the options available to you is mediation. Mediation is a form of alternative dispute resolution that can help divorcing couples reach amicable agreements without the need for a trial. In some cases, couples may be required to participate in court-ordered mediation, while in others, they may agree to use this process and work together to negotiate agreements on any outstanding issues that need to be settled in their case. By understanding how this option may be used, you can determine if it will be beneficial in your situation, and you can find the best solutions that will allow you to complete the divorce process successfully.

What Is Mediation?

Mediation is a process that helps divorcing couples resolve the outstanding disputes in their case with the help of an impartial third party. The mediator provides guidance and encourages communication between the parties, helping them find areas where they can compromise and come to an agreement. All discussions the spouses participate in during mediation are confidential. This means that anything discussed during the mediation sessions cannot be used as evidence in court should the mediation process fail.

A prenuptial agreement, often called a “prenup” for short, is a legal document that a couple drafts and signs before they get married. The main purpose of a prenuptial agreement is to set forth directives regarding the spouses’ income and assets in the unfortunate event of divorce, separation, or death. Prenups can contain instructions about marital property and non-marital property, spousal support, inheritance rights of children from previous relationships, each spouse’s debts, and financial rights and responsibilities of both spouses during the marriage.

Making a Living Online

Some couples choose to include clauses in their prenuptial agreement that address the role of social media in a couple’s marriage. At first glance, this may seem like an unnecessary consideration. However, for many people, social media is not just a means to stay in touch with friends. For some people, social media is their job. Making a living through YouTube, TikTok, Facebook, and Instagram is more common than you may think. The “influencer market” is valued at over $16 billion dollars and many experts expect this number to grow. 

Reputation Matters

You may be wondering what social media as an occupation has to do with prenuptial agreements. The answer boils down to public image. When a person’s online reputation is profoundly connected to their income, it makes sense to legally protect that reputation. Prenuptial agreements that involve a social media clause may include provisions about the kind of information and images couples can share about one another across social media platforms.

When faced with the reality of divorcing parents, many children internalize the struggle between the parents. They are usually not privy to the countless closed-door disagreements and difficulties that may have existed in the marriage for years. Instead, children will often turn inward, blaming themselves for their parents’ inability to get along, and, ultimately, for the divorce. While you and your spouse may understand that it is not your child’s fault, it is your responsibility to make sure that your child comes to understand as well.

#1: Talk Openly, but Carefully

If it is at all possible, you and your spouse should talk to your child together about your impending divorce before it becomes a reality. The two of you need to make clear that the divorce is based on issues between the adults. Your child did not cause it, and your child cannot fix it. It is also important to be age-appropriate when considering what details to share with your child. For example, the challenges of raising children may have, in fact, contributed to the breakdown of your marriage. Your first-grader, however, may interpret that as being to blame by nature of his existence.

#2: Invite Communication

Once your child knows about your divorce, it is important not to place expectations on him or her regarding how to handle the news. Everyone—adults and children—will need to deal with the situation in their own ways. Do not ask your child to keep secrets; instead, share only as much as you would be comfortable with other people knowing. Do not demand that your child talks to you. Instead, provide a safe environment for him or her to express feelings and concerns without judgment or consequences.

The highest divorce rates are among military couples compared to any other profession. At Brandon Wong & Associates, we respect the sacrifices service members make for this country and we are dedicated to protecting their rights and interests. If you are deployed in another country and have been served with a military divorce it can be emotional and overwhelming. A skilled military divorce attorney can guide you through the process and ensure that you conserve your benefits.

Qualifying for a 90-day Stay

If you are serving your country overseas, you may not know how to respond to a divorce petition - but a skilled military divorce attorney can help guide you through this difficult time and process. The Service Members Civil Relief Act allows you to apply for a 90-day stay, which places a divorce or child custody issue on hold. You would need to prove the following to qualify for a stay:

• That you are currently serving in the military or your service ended within the previous 90 days

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Same-sex marriages are fairly new in the United States and subsequently divorces among the

LGBTQ+ community are too. Same-sex couples may come across unique circumstances if they decide to get a divorce or fight for child custody. It is best to work with an experienced LGBT family law attorney to protect your rights if you are thinking about parting ways.

When Was LGBT When Marriage Legalized?

In 2015, the United States Supreme Court legalized same-sex marriages, enabling LGBT couples to enjoy the same rights and privileges as others in their marriages nationwide. The state of Texas recognized common-law marriages for LGBT couples beginning at the same time, although the reality is that many same-sex couples were already living together in Texas. 

Marriage and divorce are complex subjects, and when children are involved they become even more difficult. Blended families (made up of children belonging to one parent or the other and often also involving children born of both parents) are among the most complex arrangements of all - especially when parents of blended families get divorced.

Divorced parents of stepchildren have often spent many years integrating these children into their lives without formally adopting them. Yet while the lack of a formal legal relationship with the child does not minimize the history of care, love, and respect between a stepparent and stepchild, it can make it very difficult to seek visitation with the stepchild after a divorce, especially if the relationship between the stepparent and the stepchild’s biological parent is now hostile. If this situation sounds familiar and you are a Texas stepparent seeking visitation rights, read on and then contact a family lawyer for help.

Seeking Visitation as a Stepparent in Texas

Once a stepparent has gotten divorced from a child’s biological parent, Texas law views the stepparent as an interested third party - that is, someone who has no automatic visitation rights but who may petition a family court to request visitation. Because these petitions often involve hostile relationships between former spouses, judges are usually left to make the decision after looking at the evidence in a particular case. The factors the judge will consider include, but are not limited to:

Relationships often end because of infidelity, but even when a relationship ends for other reasons, infidelity may still have been present with or without one partner’s knowledge. Because genetic testing is inexpensive and widely available, some fathers find out unexpectedly that the child they believed was theirs, and which they have cared for and financially supported for many years, is not actually their own.

Understandably, this can cause a man serious distress. Feelings of anger, hurt, and betrayal are common, as is confusion over whether a man who is not the genetic parent of a child wants to keep contributing emotionally and financially to that child’s life. If you are a parent who has been paying child support for a child who turned out not to be your own, you deserve to know your options. Contact a Texas child support attorney for help.

Get a Court Order to Terminate Child Support

It is important not to stop making child support payments without court permission. Even if you find out a child is not yours using a private genetic testing service, you will likely still need to seek genetic testing through the state to prove you are not the father. For sure you will need to file a petition with the court to terminate the parent-child relationship and your child support obligation. You may also need to prove that you relied on misinformation when you assumed you were the child’s parent; for example, if you were married to the child’s mother at the time of the child’s birth and the law assumed you were the child’s parent, you may have assumed so as well.