Not necessarily, but mediation is highly recommended. Why? Because most cases will settle if they mediate. That doesn’t mean that mediation is always required. However, if a party requests the court to order the parties to mediation, courts will order the...
If you haven’t been married very long and if you don’t have children, property or debts, then a DIY divorce may be an option for you. But be careful, doing your divorce incorrectly can have long term consequences for you and your family. We see people all...
No, in fact most divorces settle out of court and don’t go to trial at all. Out of court settlements can be accomplished either through settlement conferences, mediation, or collaborative law. Some situations may ultimately require you to go to court, but...
The service person may file for divorce in the county of Texas in which they reside. If a person serving overseas is served with divorce paperwork from their spouse, they have the right to postpone the proceedings by invoking the The Soldiers’ and Sailors’...
No. A divorce can’t be finalized while the wife is pregnant. However, the divorce process can be started while the wife is pregnant. It just can’t be completed until the wife is no longer pregnant.
Property that a spouse inherited along with property he/she owned prior to marriage or received as a gift is considered separate property. Therefore, it is not subject to division in a divorce. However, if the parties’ salaries or other community property was...
Community property it’s everything that you and/or your spouse acquired during the marriage, with the following exceptions: Property given to one of you as a gift; Property acquired by one of you as an inheritance; Property acquired by one of you as a personal...
Credit cards are treated like any other debt. Therefore, they are subject to a “just and right” division. A court may divide a credit card debt in any manner that the court views as “fair” to both parties. The court takes into account things...
The test for a common law marriage is fairly straightforward. Texas has a 3 question test. If you can answer "yes" to all 3 of the questions, you are common law married. If you answer "no" to any of them, you probably aren’t. Both parties...
Occasionally, my client will tell me that their spouse’s attorney is telling them that we can do their case collaboratively, but that they don’t want to sign a Collaborative Law Participation Agreement. This is a very bad idea and you should tell your...
