If the parties have a valid premarital or marital property agreement, those terms will generally govern the division rather of the estate. Texas law gives married parties broad latitude to contract around the community property system, including agreements to convert community property to separate property and vice versa. For an agreement to be enforceable under
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Since Obergefell v. Hodges (2015), same-sex couples in Texas have the same right to divorce as opposite-sex couples, and the basic process is identical: six months’ Texas residency, 90 days in the filing county, and typically a no-fault filing based on “insupportability.” Property is divided under Texas’s community property rules. The unique wrinkle: many same-sex
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Many grandparents are surprised to learn that Texas law does not automatically give them the right to see their grandchildren. Texas courts start from a strong presumption that a fit parent is acting in their child’s best interest — and that presumption protects a parent’s decisions about who has contact with the child, including grandparents.
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The marital home is often the most emotionally charged asset in a divorce and one of the most complex to resolve. The main options are: Sale of the home with proceeds divided between the spouses One spouse buyout — one spouse refinances and pays the other their share of equity Deferred sale — the home
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In Texas, a child who is 12 years old or older may express a preference to the judge of where he/she wants to live. However, it is important to understand that the court is not bound by that preference. The judge will still make a decision based on the child’s best interest overall. Call Jane
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Child support ensures that both parents contribute financially to the raising of their child. In Texas, child support is calculated using a straightforward formula based on the paying parent’s net monthly income. How Is Child Support Calculated? Texas law sets child support as a percentage of the obligor’s (paying parent’s) net monthly resources: 1 child:
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In Texas, what most people call ‘custody’ is referred to in the law as conservatorship. There are two main aspects: who has the right to make important decisions about the child (legal custody), and where the child primarily lives (physical custody). Types of Conservatorship Texas courts recognize two forms of conservatorship: Joint Managing Conservatorship (JMC):
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Here is a good place to start— Tax Returns (last 2 years) W-2 statements (last 2 years) Paystubs (last 2 months) Bank statements (last 2 years) Credit card statements (last 2 years) Retirement account statements (last 2 years) Investment account statements (last 2 years) Pre/Post marital agreements (if any) Most recent mortgage statement Business formation
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Co-parenting after a separation or divorce can be difficult but establishing healthy boundaries can establish a sense of stability for everyone involved especially for you and your children. Here are a some very important considerations: Establish expectations for communication (ex: text messaging, emailing, co-parenting apps). Outline days and times that each parent will have with
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In Texas, separate property means anything that you owned before the marriage, anything you inherited, or anything that was gifted to you. However, separate property can inadvertently become a mixed-character property or community property. Some common ways in which separate property might become mixed property include: Refinancing your separate property (like a house owned before
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