Posted on October 06, 2023 in Divorce

Texas law takes a restrictive approach to awarding spousal maintenance or alimony after a divorce compared to other states. Permanent lifetime alimony used to be extremely rare. However, recent legislative changes have made it possible for some spouses in Texas to obtain longer term spousal support in certain circumstances. A Texas lawyer can help you determine if this is the best option for your situation.

Spousal Maintenance in Texas

The Texas Family Code provides for court-ordered spousal maintenance payments in some divorces to help provide financial support for an ex-spouse transitioning to self-sufficiency. Possible scenarios include temporary support ordered during divorce proceedings, short-term rehabilitative maintenance, contractual alimony agreed to mutually by the spouses in a settlement, and ongoing maintenance ordered by the judge after the divorce is finalized.

Continue Reading ››

 Posted on September 18, 2023 in Divorce

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.

Continue Reading ››

 Posted on September 12, 2023 in Divorce

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.

House Allocation: The Relevant Options

In the state of Texas, all property acquired during a marriage is considered "community property." This means that in the eyes of the law, all assets bought during a union belong to both partners. Since both partners are typically the owners of the home, the question remains: Who will receive the property?

Continue Reading ››

 Posted on August 22, 2023 in Divorce

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.

Continue Reading ››

 Posted on August 07, 2023 in Divorce

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.

Continue Reading ››

 Posted on July 26, 2023 in Child Custody

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.

Continue Reading ››

 Posted on July 12, 2023 in Divorce

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.

Continue Reading ››

 Posted on June 22, 2023 in Divorce

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. 

Continue Reading ››

 Posted on June 08, 2023 in Divorce

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.

Continue Reading ››

 Posted on May 23, 2023 in Divorce

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.

Continue Reading ››