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Author Archives: Mary E. Ramos

How does bankruptcy affect my divorce case?

In today’s economic times, divorce and bankruptcy often go hand in hand. It’s important to know what role bankruptcy can play in a pending divorce suit. You may be able to file for divorce while you have a pending bankruptcy filing and the court may render judgment on issues such as child support or conservatorship issues. Many courts will not award property while your bankruptcy is still pending and your

Do I Have To Force My Child To Visit Her Father? What Are My Child’s Custody Rights?

This is a difficult position for both parties involved. As the custodial parent, it’s your responsibility to foster a relationship between your child and their father, even if your relationship with their father is strained. But as you surely know, it can be difficult to convince a teenager to do anything they do not want to do. But it will be you, the parent, who faces repercussions for your child’s refusal to visit with their father.

What is a geographic restriction in a Divorce?

Under Section 153.001, the Texas Family Code sets out that it is the public policy of the State of Texas to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

I Want A Divorce But I Can’t Find My Husband

A person may still receive a divorce in the state of Texas if they are unable to locate their spouse, it just requires a few extra steps than a regular divorce. If you truly do not know where your spouse is living, you may petition the court to allow you to serve your spouse via publication.

Top Five Mistakes in a Divorce

1. Having Unrealistic Expectations : The Texas Family Code will dictate many aspects of your divorce, including child support, custody and division of property. You will probably be awarded what is considered a fair and equitable division of the marital estate and you will probably be awarded or ordered to pay guideline child support. Expecting to take your spouse to the cleaners or having sole custody of the children, absent strong circumstances to support otherwise, is not likely to happen and you should focus on a reasonable resolution rather than “winning” your divorce.

Can I Waive the 60-Day Waiting Period for a Divorce?

Texas has a mandatory sixty-day waiting period from the date a person files an Original Petition for Divorce before they are eligible to formally receive a divorce from the Court. This is outlined in Section 6.702 of the Texas Family Code. In almost all circumstances, you will be required to wait the statutorily-required sixty days before you are able to finalize your divorce.

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