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Author Archives: Mary E. Ramos

What Is A Prenuptial Agreement?

Posted by Mary E. Ramos | Divorce

A prenuptial agreement is a contract made between two parties who intend to be wed. This agreement outlines many provisions, usually related to finances and property, which the parties want to agree to prior to being married. Such agreements may include: The rights to property owned prior to being married; The right to spousal maintenance or the elimination of spousal maintenance should the marriage end; The characterization of property acquired during the marriage.

What Are Temporary Mutual Injunctions?

Posted by Mary E. Ramos | Divorce

Temporary mutual injunctions are a tool used in the divorce process that prevent either party from conducting themselves in a manner that would harass the other party, destroy or tamper with marital assets or disrupt the lives of the children. Mutual injunctions apply to conduct, property, assets and children. The parties and their attorneys may agree to mutual injunctions at the onset of a divorce or the judge may order them at a temporary orders hearing. Once the judge has signed temporary mutual injunctions it is very important that the parties comply.

What Impact Does Adultery Have On Child Custody In A Divorce?

Posted by Mary E. Ramos | Child Custody, Divorce

There is no clear cut answer to this question. A judge must look at the best interests of a child when making a child custody determination. The existence of adultery may affect a judge’s decision regarding child custody but absent a strong case the adultery has had a negative impact on the child, it will likely have little impact. It is up to the individual judge to examine the facts and circumstances of an alleged affair to decide if it will have any impact on child custody. Judges are more willing to consider the existence of adultery when one of the parents has engaged in the affair in front of the children. A divorce can be a difficult and confusing time for children.

Need an Adult Adoption in Texas?

Posted by Mary E. Ramos | Adoption

The recent adult adoption of a Florida businessman’s girlfriend in an attempt to protect assets from civil litigation has put the spotlight on the legal act of adopting an adult. The Texas Family Code, Section 162.501 specifically allows for the legal adoption of an adult by another adult. Adult adoption differs little from the adoption from a minor, with the exception that an adult must consent to the adoption. The biological parents of the adoptee do not need to be notified of the adoption and are not entitled to notice of any adoption proceedings. An original petition for adoption must be filed with the court and a hearing will be held.

I Recently Moved To Texas. Can I File A Divorce Or Family Law Suit Here?

Posted by Mary E. Ramos | Divorce, Uncontested Divorce

To obtain a divorce in the state of Texas, at least one of the spouses must have been domiciled in the state of Texas for the six months preceding the filing of the divorce suit as well as a resident of the county in which the suit will be filed for at least the preceding 90 days. If neither spouse has been a Texas resident for at least six months prior to filing the suit, you have not established jurisdiction and will need to wait until six months have passed until you may file for divorce in Texas. This is a jurisdictional issue, meaning that the Court has no power to grant a divorce until at least one spouse has met the residency requirements.

How Do I Keep Separate Property Separate During Marriage?

Posted by Mary E. Ramos | Divorce

Texas is a community property state, which means that there is a presumption that assets are community property, not separate property of a spouse. To overcome this presumption, one must be able to definitively show to a court that an asset was acquired before the marriage and has maintained its characterization as separate property. The key to maintaining the character of your property as separate is to avoid commingling the property with community property.

Penalties Levied by Child Support Enforcement In Texas

Posted by Mary E. Ramos | Child Support

The State of Texas takes failing to pay child support very seriously; you can face several different types of penalties. These penalties include contempt, liens/foreclosures, suspension of licenses and child support liens. Failure to pay child support obligations is punishable by coercive and punitive contempt. A motion for enforcement by contempt can be filed with the court.

Five Steps to Help You Financially Prepare for a Divorce

Posted by Mary E. Ramos | Divorce, Top 5 Divorce Articles

1. Make copies of all financial records. It’s very important to have an accurate picture of all your assets and debts. You’ll need to know all bank accounts, savings accounts, loan accounts, credit accounts, tax returns, etc. as all of these will need to be divided in your divorce. Having copies made before you actually separate from your spouse will save you the trouble of trying to track records down later.

Parenting Classes and Divorce in Texas

Posted by Mary E. Ramos | Divorce

The Texas Family Code has a provision related to taking a Parent Education and Family Stabilization Course. While the provision does not mandate the taking of one of these courses, many of the family law courts in Harris County do require the completion of one of these courses.

What Is Sole Managing Conservatorship?

Posted by Mary E. Ramos | Child Custody, Divorce

A common misconception in the arena of Texas family law is that conservatorship and custody are the same thing. In the state of Texas, conservatorship is the designation as to which parent has the right to make certain decisions and exercise certain duties. A parent designated as sole managing conservator has all exclusive rights regarding

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