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When Will Hidden Assets Play a Role in a Texas Divorce?

 Posted on August 07, 2023 in Divorce

shutterstock_133292129-min-1.jpgGetting 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.

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What Is Conservatorship in Texas Family Law Cases?

 Posted on July 26, 2023 in Child Custody

San Antonio Child Custody LawyerWhen 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.

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How Do I Talk to My Children About My Divorce?

 Posted on July 12, 2023 in Divorce

Bexar County Divorce LawyerGoing 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.

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When Will the Court Order Mediation in a Texas Family Law Case?

 Posted on June 22, 2023 in Divorce

San Antonio Mediation AttorneyMany 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. 

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How Is Alimony Calculated in San Antonio, TX?

 Posted on June 08, 2023 in Divorce

San Antonio Alimony LawyersThe 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.

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Will I Need to Shut Down My Family Business When I Get a Divorce?

 Posted on May 23, 2023 in Divorce

Bexar County Property Division Lawyers
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.

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What Is the Difference Between a Contested and an Uncontested Divorce?

 Posted on May 08, 2023 in Divorce

San Antonio Contested and Uncontested Divorce LawyersLegally 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.

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Do Fathers Have Rights to Child Custody in a Texas Divorce?

 Posted on April 25, 2023 in Fathers' Rights

Bexar County Fathers' Rights Lawyer
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.

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When Can Paternity Be Challenged in Texas?

 Posted on April 12, 2023 in Family Law

San Antonio Paternity Lawyer

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.

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How Is the Dissipation of Assets Addressed in Texas Divorce Cases?

 Posted on March 29, 2023 in Divorce

Bexar County Asset Dissipation Lawyer

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.

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