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.
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.
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.
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.
Posted by Mary E. Ramos | Divorce, Top 5 Divorce Articles
Studies have shown that social networking sites, specifically Facebook, are a contributing factor to infidelity. Facebook allows for affairs to blossom; reconnecting old flames or allowing a person to become friends with someone they met in passing. If your spouse is spending a lot of time on social networking sites or is being secretive about their online activities, it may be a sign that they are engaging in an affair.
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
Posted by Mary E. Ramos | Divorce
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
Posted by Mary E. Ramos | Child Custody, Divorce, Visitation and Access
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.
Posted by Mary E. Ramos | Child Custody, 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.
Posted by Mary E. Ramos | Divorce
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.
