Posted by Mary E. Ramos | Divorce
You are now divorced! What next? First and foremost, after your divorce has been finalized, several steps remain to be completed. The list below will help you sort through the many outstanding issues that may need to be addressed shortly after entering your final orders. Post Divorce Checklist: 1. Ensure that all documents related to the division of property are filed with the Court, including a qualified domestic relations order or special warranty deed.
Posted by Mary E. Ramos | Divorce, General
If you desire to change your child’s last name, there are procedural steps that must be followed. In Texas a parent must petition a court to legally change a child’s name. This petition must include the present name and residence of the child, the reason the name change is requested, the full name requested for the child, whether the child is subject to continuing exclusive jurisdiction of a court, and whether the child is subject to the registration requirements under Chapter 62 of the Code of Criminal Procedure.
Posted by Mary E. Ramos | Divorce
In Texas, income created during the marriage is considered community property. Community property must be shared with one’s spouse during a divorce. Gambling winnings gained during the marriage are considered community property even if the gambling was funded by one spouse’s separate property. In other words, even if a lottery ticket is purchased with one spouse’s separate money, the winnings must be shared with the other spouse. Additionally, interest payments received during the course of a marriage are also considered community property.
Posted by Mary E. Ramos | Child Custody, Divorce, Parental Alienation Syndrome, Visitation and Access
Parental Alienation Syndrome (PAS) is the deliberate attempt by a parent to destroy the relationship between their children and the other parent. The alienating parent’s goal is to destroy the children’s bond with the other parent and establish themself as “the best parent.” Parental Alienation Syndrome does not occur over night. It is a systematic process which ultimately results in the destruction of a child’s relationship with the other parent. PAS is frequently observed in hotly contested child custody cases and it is important that parents and attorneys are vigilant as to the symptoms of PAS.
Posted by Mary E. Ramos | Child Support, Divorce
Texas child support obligations are calculated using a percentage of your net resources, that percentage being based on how many children one has an obligation to support. Unless there are additional circumstances, as outlined below, a court cannot order a party to pay above Texas Guideline child support amounts as dictated by the Texas Family Code. There are special circumstances where a court will order a party to pay child support obligations above the guideline amount. Texas Family Code §154.123 states the court shall consider the following factors when deciding if guideline child support is applicable:
Posted by Mary E. Ramos | Child Custody, Divorce
An Acknowledgment of Paternity (AOP for short) is a legal document, filed with the Bureau of Vital Statistics, which establishes a man as the legal father to a child. The AOP can be obtained at the hospital where the child is born, the father’s name can be added to the birth certificate and the hospital will send the AOP to be filed with the state. The AOP can be signed and sent off later, but it is most convenient to be completed at the hospital when the baby is born.
Posted by Mary E. Ramos | Divorce, Hiring a Divorce Lawyer
Unfortunately there is no cut and dry answer to this question. It depends on three main factors: 1. What is your attorney’s hourly rate? – An attorney with an hourly rate of $175 per hour will clearly result with lower attorney’s fees than an attorney who charges $475 per hour. Keep in mind that an attorney’s hourly rate is often reflective of their experience and skill level so it may be in your best interest to choose an experienced attorney at the cost of having higher attorney’s fees.
Posted by Mary E. Ramos | Divorce
The state of Texas has a mandatory thirty day waiting period after a divorce is granted before the parties may marry a new person. The reason for the mandatory waiting period is that the judge and court that issued your final decree of divorce retains plenary power for thirty days after the divorce is final. This is in case a party files an appeal or a motion for a new trial, which they have thirty days to do after a divorce is finalized. Once the thirty days has expired and the divorce has not been contested, then it is safe for the parties involved to remarry. An exception to this rule is if you desire to remarry the person you just divorced, you are not required to wait thirty days.
Posted by Mary E. Ramos | Child Custody, Divorce
If you and your ex reside within 100 miles of one another, the non-custodial parent can possess the children for a period of thirty days during the summer. The default dates for this period of possession are July 1 – July 31 but if the parent desires a different schedule, they must give the other parent written notice by April 1 prior to summer how and when they desire to schedule their allotted thirty days. If you and your ex reside more than 100 miles away from each other, the non-custodial parent may have visitation with the children for a period of forty-two days during the summer.
Posted by Mary E. Ramos | Divorce
When a couple divorces, one of the assets often divided and awarded by the court is a portion of the parties’ retirement plans. A Qualified Domestic Relations Order, commonly called a QDRO, is an order signed by the court that deals with pension funds. The QDRO establishes your soon to be ex’s legal entitlement to receive a designated amount of a qualified plan account or benefits. The party who is awarded a portion of retirement benefits will subsequently be responsible for paying related income taxes and fees associated with withdrawing the benefits.
