After the emotional and financial turmoil caused by divorce, the last thing anyone needs is for their ex-spouse not to adhere to the court’s divorce decree.
Even though Texas law requires both parties to comply with a divorce decree, decree violations still occur.
In these situations, trust the help of an experienced family law attorney to prepare a motion to enforce your divorce decree form in Texas.
Act quickly to protect your rights and put a stop to your ex-spouse’s conduct.
What Is a Divorce Decree?
A Texas divorce decree resolves all matters pending in the divorce, including child custody and property division. A divorce decree is an order of the court. Therefore, all parties subject to the divorce decree must obey the provisions within the order. When a party violates the order’s provisions relating to property division, the remedy for a wronged party is filing a motion to enforce a divorce decree in Texas.
How Is the Decree Enforced?
When a party violates or fails to uphold the property division terms of a divorce decree, the wronged party must file a motion to enforce the divorce decree.
Texas law requires that a motion to enforce a divorce decree in Texas be filed within two years of the date the court signed the decree, unless an action contemplated by the decree was to take place later in time than from entry of the decree.
If the decree divides future property that did not yet exist at the time of the divorce, then the two-year period will begin running when the right to the property accrues. For example, you might agree to share the proceeds from selling the marital home but agree not to sell it until your children are older.
If your spouse refused to turn over your share of the equity, then you would have two years from when the sale closed to bring a motion for enforcement.
Right to Receive Future Property
If the decree gives someone the right to future payments—either installments or a lump sum—the court may recognize a constructive trust on the party required to pay. This imposes a fiduciary duty on them to take care of the property for the benefit of the owner.
Take the example of the marital home above: the party who continues to live in the home has a responsibility to preserve the other party’s share of the equity until the home is sold. If they were to take out a second mortgage on the home in the meantime and use the proceeds for their own benefit, that could violate their duty under a constructive trust.
What Remedies Are Available on a Motion to Enforce a Divorce Decree in Texas?
When the court grants a motion to enforce a divorce decree in Texas, the court may provide one of the following remedies.
Clarification Order
In situations where the terms of the original divorce decree may not be enforceable due to lack of specificity or clarity, courts may make a clarification order. Parties to the divorce may request a clarification order. Once entered, courts provide a reasonable period for enforcement of the subsequent clarification order.
Delivery of Property
Courts may order delivery of specific existing property awarded to a party, including awards of money or its equivalent.
Money Judgment
In situations where a party fails to comply with a divorce decree but the property subject to the decree no longer exists, the court may order a money judgment for damages caused by a party’s failure to comply.
Attorney Fees and Costs
When a party fails to obey a divorce decree, the court may require payment of attorney fees and costs by the uncooperative party.
Turnover Order
Courts may also impose a turnover order if the following conditions exist:
- The uncooperative party owns the property;
- The property cannot be seized by ordinary legal process; and
- The property is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.
A turnover order requires the uncooperative party to turn over all non-exempt property, documents, and records due to the other party.
Contempt
The court may find the violating party in contempt of court for disobeying the divorce decree. Punishments may include fines, probation, or jail time.
Suit for Breach or Suit for Declaratory Judgment
Lastly, Texas law permits parties to file a suit for breach of contract or declaratory judgment within two years of the divorce decree.
Contact Us
The husband and wife team behind The Larson Law Office prides itself on personalized and tailored legal counsel to our clients.
Each of our clients speaks to either Diana Larson or Erik Larson personally regarding their case details. We do not push clients off on a legal assistant or associate. We use our extensive legal experience to pursue the best path forward for you.
If your spouse violated the terms of a divorce decree, contact our office to discuss your options for filing a motion to enforce a divorce decree in Texas. We provide free telephone consultations. Don’t wait. Let us help you today!
Cohabitation Laws in Texas
/in Family Court /by Erik LarsonMany couples mutually decide, for their own reasons, never to marry. If you are one of those couples, you may be wondering whether you have any financial rights despite being unmarried.
Admittedly, no one enters into a relationship thinking it will fail; however, an understanding of Texas cohabitation laws may save some financial and emotional turmoil if you and your partner end your relationship.
Read on to learn how to protect your rights under Texas cohabitation law despite being unmarried.
The Rights of Unmarried Couples
Unmarried couples do not enjoy the same rights as married couples.
Texas laws consider property acquired during a marriage to be owned equally by both parties, no matter whose name is on the property. But this does not apply to those who are not considered married.
Many may be surprised to find that after a long-term relationship, their rights to certain property may be at risk. Maybe you have been making mortgage payments on a house in your significant other’s name. If you aren’t married, your ability to claim a share of equity in the home will be severely limited.
Additionally, no obligation for ongoing financial support exists after a long-term relationship ends. If your spouse provided financial support during your marriage while you raised children, a court might order your spouse to pay you spousal support after a divorce. By contrast, someone in the same circumstance who was not married would not have a right to claim any maintenance payments.
To establish rights similar to those enjoyed by married couples, unmarried parties may enter into a cohabitation agreement.
Aren’t I Protected by Common Law Marriage Laws?
Many people believe that if they live together for a certain period of time, their relationship will be treated as a common law marriage.
Although Texas remains one of the few states that recognizes common law marriage, there is no specific length of cohabitation that establishes such an informal marriage. Instead, certain elements must exist for cohabitation in Texas to receive common law marriage recognition. These include:
Texas cohabitation laws consider common law marriages equally valid as formal marriages. However, it can sometimes be difficult to prove that you had a common law marriage. Therefore, for couples living together for an extended period, it may be wise to consider entering into a cohabitation agreement.
What Is a Cohabitation Agreement in Texas?
Cohabitation laws in Texas recognize cohabitation agreements between couples. A cohabitation agreement is an agreement existing between two parties involved in an intimate and long-term relationship with each other who also live together.
Similar to a prenuptial agreement, cohabitation agreements typically provide detailed information on how assets, property, income, and debt will be divided between the parties if the relationship ends. Additionally, cohabitation agreements in Texas may include provisions for spousal support, including which party will receive support and the duration of support.
Cohabitation agreements can do more than just contemplate separation. They can also protect a couple’s rights to act for one another. The lack of a formal marriage may deprive a partner of the authority to make decisions on behalf of their significant other when necessary.
Texas cohabitation laws permit cohabitation agreements to contain provisions appointing critical roles. For example, cohabitation agreements may address whether one party may act as conservator of the other if they become incapacitated or make health care decisions for the other in case of an emergency.
Contact Us
Parties that choose cohabitation in Texas instead of entering into a formal marriage can take steps to protect their rights. Creating a solid cohabitation agreement protects each party from emotional and financial turmoil in the event the relationship ends.
The Larson Law Office understands the uniqueness of each client’s situation. Our clients always speak directly to either Diana Larson or Erik Larson. To discuss the terms and facts surrounding cohabitation agreements and how they can protect your rights, contact our office for a free telephone consultation.
Contractual Alimony in Texas Quick Facts
/in Divorce Law /by Erik LarsonWhen going through a divorce, at the forefront of most issues between parties is support.
You may worry how long you must support your former spouse. Or you may wonder how long you will receive support payments from your ex.
You may be surprised to learn that you and your ex-spouse are free to determine your own terms of support.
However, contractual alimony in Texas presents some advantages and disadvantages to both parties. Speak with a family law attorney to determine whether contractual alimony may be an option for you in your divorce.
What Is Contractual Alimony?
Contractual alimony is a form of spousal support that the parties agree to. This is different from “spousal maintenance” that may be ordered by a court.
Parties choosing to engage in contractual alimony in Texas are free to agree to essentially any terms of maintenance.
For example, parties may agree to pay high maintenance payments above statutory limits. Parties may also decide to make payments for a more extended period than statutorily permitted.
A skilled family law attorney uses specific tactics to obtain favorable contractual alimony agreements for their client.
For example, some parties may agree to high maintenance payments in exchange for keeping the family home. Additionally, some parties may agree to higher payments subject to the standard of living for which the parties grew accustomed to during the marriage.
Pros and Cons of Contractual Alimony in Texas
Determining whether contractual alimony may be favorable may depend on whether you are the payor or payee and the specific circumstances of your case.
Pros
When determining the amount and duration of payments under a contractual alimony agreement, almost no rules apply. You can tailor an agreement that fits your needs without being bound by the rules a court would be constrained by.
For example, Texas law limits spousal maintenance to an amount no greater than $5,000 or 20% of the payor’s average income.
But what if you want to trade your interest in another asset for higher spousal maintenance payments? Or what if you want to enable one spouse to stay at home to care for a disabled adult child? Contractual alimony allows you to craft a spousal maintenance agreement that fits your specific needs.
Additionally, when parties agree to spousal support, the court need not be involved. This can save you both time and money. It also removes the risk that the court will reach a decision that is unfavorable to you. With the help of a skilled attorney to negotiate on your behalf, you can reach an agreement with fair terms that protect your interests.
Cons
The Texas Family Code only enforces contractual alimony to the extent it aligns with statutory requirements.
Therefore, if your spouse fails to make payments under the agreement, your options for enforcement are different than they would be with a regular court order regarding spousal maintenance. For example, imagine your spouse agreed to pay you alimony for 20 years but the court could not have ordered spousal maintenance for more than 10 years.
If your ex-spouse stopped paying in year 11, the court could not hold them in contempt for failing to comply with the terms of your alimony agreement. However, contractual alimony in Texas is enforceable by contract, so you could pursue a civil claim to enforce your rights.
Tax Implications
Federal law recently changed so that those receiving support payments no longer have to report them as income and those making support payments can no longer claim a tax deduction for them. This new rule only applies to divorces finalized in 2019 or later. When reaching an agreement regarding contractual alimony, it is important that you keep these tax implications in mind.
How Can A Lawyer Help?
Contact the attorneys at The Larson Law Office to determine whether contractual alimony is suitable for you. Considerable consequences exist for parties agreeing to contractual alimony. Therefore, it’s vital to consult with a qualified family law attorney before agreeing to anything.
At The Larson Law Office, our clients speak directly to either Erik or Diana Larson. We never pass our clients off to a legal assistant or associate. We use a personalized approach to representation, so our clients always feel attended to and prioritized. Contact our office today for a free consultation to discuss contractual alimony in Texas and whether it’s the right path forward for you!
Understanding Separate Property in Texas
/in Divorce Law /by Erik LarsonWhen contemplating divorce, you may wonder how Texas laws may affect your property rights.
Divorce represents a complex, life-changing event. Understandably, many feel overwhelmed by what they may lose.
A qualified family law attorney focuses on protecting your rights as you navigate through a divorce.
An attorney analyzes and determines what constitutes community property and separate property in your Texas divorce.
What Is Separate Property and Community Property in Texas?
Texas laws define property subject to divorce as either separate property or community property. The characterization of property subject to a divorce often proves to be a complex task.
Separate Property
Separate property in Texas typically represents property owned or claimed before marriage.
Additionally, separate property includes property acquired during marriage by gift or inheritance, monetary recoveries from certain types of personal injury lawsuits, and property gifted by one spouse to the other during the marriage.
These types of property retain their separate property character despite being acquired after marriage, if the separate property can be traced and is not commingled with community property.
Community Property
Community property represents property acquired after marriage by the husband, wife, or both. All property characterized as community property must be divided equally after a divorce.
Community property commonly includes all property that is not separate, including the family home, bank accounts, vehicles, vacation properties, and personal items of property such as art, instruments, and collectibles.
Characterizing Property
Texas law presumes that all property acquired after marriage represents community property. However, this presumption may be rebutted by clear and convincing evidence. The party attempting to overcome this community property presumption bears this burden of proof.
The Larson Law Office understands the difficulty in overcoming this presumption and helps clients gather the necessary evidence to support their claim.
Division of Community Property in Divorce
Community property laws provide that both husband and wife possess equal ownership in community property. Separate property in Texas remains with the owning party and is not subject to divorce proceedings.
Despite Texas property laws presuming that spouses own community property equally, courts do not always divide community property 50/50 between spouses. Instead, courts take into account various factors impacting the manner of division of the community property. These factors include the following:
Courts consider the above factors in determining what serves as a “just and right” division of the property. In addition to dividing property, parties must also divide community debts. However, debt division is typically at the discretion of the court based on the principle of equity. In other words, debt division is conducted as the courts reasonably determine.
However, parties may avoid a court-directed division of community property assets and debts by establishing a mutual agreement for division. In these circumstances, it’s best to retain an attorney to act on your behalf. A skilled family law attorney works to negotiate a favorable resolution while protecting your rights.
Contact Us
The Larson Law Office holds a significant reputation in the community for providing skilled and personalized legal counsel to its clients. We recognize that each of our clients’ cases is unique, and we use personal strategies that focus on your individual needs.
When going through a divorce, you need an attorney committed to you and preserving your rights. The process of characterizing community and separate property in Texas gets complicated quickly. Please don’t go through it alone and risk the consequences. Contact The Larson Law Office for a free consultation today!
Motion to Enforce Divorce Decree in Texas Overview
/in Divorce Law /by Erik LarsonAfter the emotional and financial turmoil caused by divorce, the last thing anyone needs is for their ex-spouse not to adhere to the court’s divorce decree.
Even though Texas law requires both parties to comply with a divorce decree, decree violations still occur.
In these situations, trust the help of an experienced family law attorney to prepare a motion to enforce your divorce decree form in Texas.
Act quickly to protect your rights and put a stop to your ex-spouse’s conduct.
What Is a Divorce Decree?
A Texas divorce decree resolves all matters pending in the divorce, including child custody and property division. A divorce decree is an order of the court. Therefore, all parties subject to the divorce decree must obey the provisions within the order. When a party violates the order’s provisions relating to property division, the remedy for a wronged party is filing a motion to enforce a divorce decree in Texas.
How Is the Decree Enforced?
When a party violates or fails to uphold the property division terms of a divorce decree, the wronged party must file a motion to enforce the divorce decree.
Texas law requires that a motion to enforce a divorce decree in Texas be filed within two years of the date the court signed the decree, unless an action contemplated by the decree was to take place later in time than from entry of the decree.
If the decree divides future property that did not yet exist at the time of the divorce, then the two-year period will begin running when the right to the property accrues. For example, you might agree to share the proceeds from selling the marital home but agree not to sell it until your children are older.
If your spouse refused to turn over your share of the equity, then you would have two years from when the sale closed to bring a motion for enforcement.
Right to Receive Future Property
If the decree gives someone the right to future payments—either installments or a lump sum—the court may recognize a constructive trust on the party required to pay. This imposes a fiduciary duty on them to take care of the property for the benefit of the owner.
Take the example of the marital home above: the party who continues to live in the home has a responsibility to preserve the other party’s share of the equity until the home is sold. If they were to take out a second mortgage on the home in the meantime and use the proceeds for their own benefit, that could violate their duty under a constructive trust.
What Remedies Are Available on a Motion to Enforce a Divorce Decree in Texas?
When the court grants a motion to enforce a divorce decree in Texas, the court may provide one of the following remedies.
Clarification Order
In situations where the terms of the original divorce decree may not be enforceable due to lack of specificity or clarity, courts may make a clarification order. Parties to the divorce may request a clarification order. Once entered, courts provide a reasonable period for enforcement of the subsequent clarification order.
Delivery of Property
Courts may order delivery of specific existing property awarded to a party, including awards of money or its equivalent.
Money Judgment
In situations where a party fails to comply with a divorce decree but the property subject to the decree no longer exists, the court may order a money judgment for damages caused by a party’s failure to comply.
Attorney Fees and Costs
When a party fails to obey a divorce decree, the court may require payment of attorney fees and costs by the uncooperative party.
Turnover Order
Courts may also impose a turnover order if the following conditions exist:
A turnover order requires the uncooperative party to turn over all non-exempt property, documents, and records due to the other party.
Contempt
The court may find the violating party in contempt of court for disobeying the divorce decree. Punishments may include fines, probation, or jail time.
Suit for Breach or Suit for Declaratory Judgment
Lastly, Texas law permits parties to file a suit for breach of contract or declaratory judgment within two years of the divorce decree.
Contact Us
The husband and wife team behind The Larson Law Office prides itself on personalized and tailored legal counsel to our clients.
Each of our clients speaks to either Diana Larson or Erik Larson personally regarding their case details. We do not push clients off on a legal assistant or associate. We use our extensive legal experience to pursue the best path forward for you.
If your spouse violated the terms of a divorce decree, contact our office to discuss your options for filing a motion to enforce a divorce decree in Texas. We provide free telephone consultations. Don’t wait. Let us help you today!
Divorcing in Texas with Children
/in Divorce Law /by Erik LarsonNot only are you feeling complex emotions about your relationship and worried about finances, but you want to make sure that you do what is best for your children.
Here, we will discuss some of the things you need to know when getting a divorce in Texas with children.
How Do I File for Divorce If I Have Kids?
If you are googling, “how to file for divorce in Texas with children,” there are a few things that you should be aware of. The initial process for filing for divorce is still approximately the same whether or not you have kids. One spouse must file the original petition for divorce. This spouse becomes the petitioner and the other spouse becomes the respondent spouse.
A potential complication can arise in a divorce in Texas with a child if the child does not live in Texas. If the child has not lived in Texas for the last six months or the child was born in Texas but has been gone for more than six months, Texas is no longer the child’s “home state” under the UCCJEA, a federal law.
Therefore, a Texas court will likely not make custody and visitation decisions about the child. You may have to obtain a custody determination from a court in the jurisdiction where your child lives. This can get complicated, and it can be a good idea to talk to a family law attorney.
Another thing to be aware of in a divorce with children in Texas is that it may be more expensive. You may have to file additional forms that come with extra filing fees. In addition, issues like child support and custody tend to be highly contested. Contested issues in a divorce can significantly increase the cost.
Who Will Get Custody of the Kids?
In many divorce proceedings, a child’s parents are free to agree on any custody arrangement that they prefer. If you and your spouse agree on custody, you can choose where your child will live and when and how often they will see the noncustodial parent. However, parents frequently disagree about the details of their custody arrangement.
When custody is contested, both sides may try to come to an agreement through processes such as mediation. If you are trying to reach an agreement with your spouse about custody, you should hire an attorney to help you negotiate. A child custody attorney with strong knowledge of Texas family law will be able to help you achieve the best possible outcome for your child.
Sometimes, parties filing for divorce in Texas with children are unable to come to an agreement about child custody. In these situations, the court will decide how custody will be divided.
Texas courts try to award joint custody when possible. Joint custody means that the child spends some time with each parent. Although courts favor these arrangements, if one parent is abusive or neglectful, the court can award sole custody to the other parent.
What About Child Support?
Child support is another commonly contested issue in a Texas divorce with children. Child support is calculated using Texas child support guidelines. Parties can agree to a child support amount in excess of that required by the guidelines. Parties can also agree to less than guidelines child support.
The amount of child support depends on the noncustodial parent’s net resources and the number of children. Although the amount of support is set, disputes can arise regarding the amount of a parent’s net income.
If the parents dispute this amount, then the court may need to make findings and calculate child support. The court can consider certain assets as income and also impute income to someone who is unemployed or underemployed.
Should I Hire a Lawyer?
You should always talk to an attorney if there are contested issues in your divorce regarding child custody and support. This is especially true if your co-parent has hired an attorney.
Family law is complicated, and no two situations are exactly alike. If you do not have an in-depth knowledge of the law, it can be easy to end up in a situation where you are not satisfied with the results of your divorce. Most importantly, a good attorney will advocate for the arrangement that is most beneficial to your child.
Call Us Today
The experienced divorce lawyers at The Larson Law Office are ready to answer your questions about divorce in Texas with kids. We are a husband and wife team with years of experience handling all different types of family law matters. If you call our office, you can rest assured that your divorce case is in capable and compassionate hands.
Quick Divorce in Texas
/in Divorce Law /by Erik LarsonMaybe living with your spouse has become intolerable due to constant arguing.
You may want the process to be as quick as possible for the sake of your children.
Whatever the reason, your ability to get a fast divorce in Texas depends on your situation.
How Fast Can I Get a Divorce in Texas?
While there are some limits, it is possible to get a fast divorce. Texas law usually requires that a filing spouse wait sixty days from the date they filed their original petition for divorce and the date the divorce becomes final.
Except for situations involving domestic abuse or where one spouse has been convicted of a crime, sixty days is the shortest possible time frame for a Texas quickie divorce.
The sixty-day waiting period allows you and your spouse to reflect on your decision to get divorced. Sometimes, couples change their minds during this waiting period. While the waiting period does not make sense in many divorce situations where there is no hope of reconciliation, Texas courts enforce it in all but the most rare situations.
What Is the Fastest Way to Get a Divorce in Texas?
The fastest way to get a divorce is not always an option. The length of a divorce proceeding depends on how many contested issues there are in the case. If you and your spouse are struggling to agree on divorce terms, it is not realistic to think that you can get a quickie divorce.
But if you do agree, Texas law allows couples to seek an uncontested divorce. In an uncontested divorce, you and your spouse create a divorce agreement that outlines all the terms of the divorce. This agreement must describe child custody and visitation plans as well as how you will divide each piece of marital property. At the end of the sixty-day waiting period, if a judge approves your agreement, your divorce is final.
Can an Attorney Speed up the Divorce Process?
An attorney may be able to speed up your Texas quick divorce. An attorney can help you and your spouse to reach an agreement on certain divorce issues. You should know, however, that one attorney cannot ethically agree to represent both you and your spouse in the same divorce case since you are technically opposing parties which presents a conflict of interest for the lawyer.
You and your spouse are each free to hire your own attorney. While a court will permit you to represent yourself in a divorce, it is a good idea to talk to a family lawyer. This is especially true if your spouse hires a lawyer.
An attorney can also make sure that your divorce agreement is written clearly and effectively. A well-written agreement can save you time and money on future litigation over uncertainties.
Call Our Office
If you are wondering how to get a quick divorce in Texas, call The Larson Law Office. Houston divorce attorneys Erik and Diana Larson have years of experience representing clients in divorce proceedings.
We are committed to achieving each client’s personal goals, so if you want your divorce to be as fast as possible, we will do our very best to make that happen.
Prove Up Hearing in Texas Overview
/in Divorce Law /by Erik LarsonA prove up hearing in Texas is the very last step in the divorce case at which the divorce is finalized.
You have no need to be nervous or concerned before your hearing. Here, we will discuss some of the basic things you need to know about your prove up hearing.
What Is a Prove Up Hearing?
Each divorce case is different. Some end up at trial if the parties are unable to come to a final agreement about the terms of their divorce. However, oftentimes, spouses do agree on their divorce terms, either immediately or after some negotiation. This is when a prove up hearing comes into play.
The parties to the divorce will write up and file a final divorce agreement with the help of their attorneys. You and your spouse will then appear in court for the prove up hearing. Usually, Texas courts set aside time in the morning to hear uncontested dockets. Your case will be one of these uncontested dockets.
When the judge calls your case, you will stand and take an oath. Your lawyer will then ask you questions about the agreement that you and your spouse and your lawyers created.
The judge may also have follow up questions. Your lawyer will also ask you additional questions about the agreement to demonstrate to the judge that the agreement is thorough. After this, the judge will review all the filed papers in your divorce case.
Usually, the final step of a prove up hearing in Texas is the judge granting your divorce. Sometimes, the judge may require changes to the divorce agreement.
What Kinds of Questions Should I Expect?
There is no need to worry about what questions the judge will ask at your prove up hearing. Typically, judges ask basic questions about the terms of your divorce agreement. Since you and your spouse came up with the agreement, you likely know all the answers. Often, the judge will ask “yes” or “no” questions.
An attorney can help you prepare for your prove up hearing. An experienced lawyer who has been through multiple hearings can give you examples of the types of questions you are likely to hear.
Your attorney can tell you how to prepare for the hearing, and they will be at the hearing with you. It is normal to be nervous in a courtroom, but your prove up hearing is likely to be surprisingly simple. And once it is over, your divorce will be final.
Contact Us Today
If you are preparing for a prove up hearing or have questions about what to expect, call The Larson Law Office. We have represented many clients in all types of divorce cases.
Our family attorneys are dedicated to offering personalized client service. Part of this attentive and compassionate service includes answering all our clients’ questions. Our Houston divorce attorneys are here to make sure you know exactly what to expect at every stage of your divorce.
Understanding a Default Divorce in Texas
/in Divorce Law /by Erik LarsonA default divorce in Texas is when your spouse does not respond after you have served them with divorce papers.
Here, we will talk in more detail about what it means to obtain a default divorce.
What Happens at the Beginning of a Default Divorce?
At the start of every divorce proceeding, one spouse becomes the filing or petitioning spouse by filing initial divorce papers. Once the petitioner has filed these papers, the sheriff, constable or private process server will serve the respondent spouse with the divorce papers. Service provides notice of the divorce to the respondent spouse. Spouses approaching divorce do not always communicate regularly. The respondent spouse may not know that the petitioner has filed for divorce until they receive service.
Once the sheriff has served the respondent spouse with divorce papers, the respondent has until the next Monday at 10 a.m. following the expiration of twenty days to file an answer. If they do not file an answer in time, the filing spouse may be able to obtain a default divorce.
What Happens If My Spouse Does Not File an Answer?
If your spouse does not timely file an answer after receiving service, your divorce is not yet final. Under Texas Law, you must wait sixty days from the date that you filed your original petition for divorce before you can finish your divorce. This sixty-day waiting period includes weekends and holidays. Even if your spouse fails to timely file an answer after service with divorce papers, they can still file at any time before you finish your divorce.
If sixty days pass and your spouse has not filed an answer, you can call the courthouse to find out when a judge next hears uncontested divorce cases or how to schedule a hearing on a default judgment. The clerk should be able to give you a date and time when the court can hear your uncontested case.
On that day, you will bring all your original divorce paperwork. The paperwork you need to bring will vary depending on several factors, including whether or not you have children and whether the court requires an inventory and appraisement.. A clerk will direct you to the courtroom where the judge is hearing uncontested cases. When your case is called, you may have to answer some questions or read simple testimony. The testimony states your name, your spouse’s name, your reason for filing for divorce, and any children of the marriage.
When Is My Default Divorce Final?
It is important to note that if your spouse files an answer at any point before the hearing begins, you cannot get a default divorce. If you arrive at the courthouse to finish your divorce and your spouse filed an answer the day before, you cannot get a default divorce even though the sixty-day waiting period has ended.
After calling your case and hearing your testimony, the judge will review your file. If all the paperwork is correct and accounted for, the judge will sign a final decree of divorce. At this point your divorce is finalized.
Should I Hire a Lawyer for a Default Divorce?
If you have filed a petition for divorce and it looks like your spouse is not going to respond, it is still a good idea to talk to a lawyer. Even in a default judgment divorce, there is still a lot of paperwork involved. A judge may not approve your divorce if you do not have all the necessary paperwork or if some of it is incorrectly completed. An attorney can make sure that you do not make any filing errors. Errors can delay the finalization of your divorce, giving your spouse more time to file an answer.
In addition, your spouse can file an answer at any time before the divorce is complete. It is a good idea to talk to a family law attorney so that you can be prepared in the event that your spouse contests the divorce. This can happen even if you and your spouse discussed the divorce and they agreed that they would not contest anything. It never hurts to cover all your bases.
Call Our Office
The divorce attorneys at The Larson Law Office can guide you through the divorce process. We devote our full attention to each client, so you can rest assured that your case will go smoothly, regardless of whether you can get a default judgment. Call us today to get answers to your default divorce questions.
How Guardianship in Texas Works
/in Child Custody Law, Family Court /by Erik LarsonAge, disease, or sudden injury can all impact your family member’s ability to care for themselves.
While you want to respect their independence, you may also worry about their safety. Guardianships in Texas are a possible way to make sure your loved one is protected and cared for.
What Is a Guardianship?
In Texas, guardianship is a legal relationship in which the person who is the guardian acts as another person’s caretaker. This person is called a ward. A court may appoint a guardian for someone who cannot manage certain essential aspects of their life on their own. There are two different types of Texas guardianships.
Guardian of the Person
A guardian of the person makes decisions about a ward’s health, social contacts, and living arrangements. This type of guardian is responsible for any non-financial decision about the ward’s life. Things like where the ward should live and what type of medical treatment they should receive fall under this umbrella. Even decisions such as who the ward has social contact with can be subject to the guardian’s discretion.
Legal guardianship in Texas can also include a limited guardianship, in which the guardian can control only certain aspects of the ward’s life. A court will describe which decisions a guardian can make in the guardianship orders.
Guardian of the Estate
Texas guardianship laws also provide for a guardian of the estate. This type of guardian is responsible for handling the ward’s money, assets, and other financial affairs.
The guardian of the estate uses the ward’s money to cover the ward’s expenses. The ward is still responsible for any debts they incur either before or after the guardianship is established. A guardian has the ability to make decisions ranging from paying routine bills to selling assets.
A guardian of the estate can also hold a limited guardianship. For example, the guardian may only be in charge of day-to-day financial matters as part of a legal guardianship in Texas. A ward may have a guardian of both their person and their estate. These may be different individuals or the same person.
How to Establish Guardianships in Texas
To establish a guardianship in Texas for adults, the person who wishes to become the guardian has to file an application for guardianship with the court. The ward must be served with the application and can hire an attorney.
The court can also appoint an attorney ad litem to represent the ward’s interests. Before approving a guardianship, the court will need to see medical records verifying that the proposed ward does, in fact, need assistance managing their affairs. The court will hold a hearing at which the proposed guardian will testify as to why the court should establish a guardianship.
Should I Talk to an Attorney?
If you are thinking about a guardianship for an elderly relative in Texas, you should talk to a lawyer. A lawyer can discuss alternatives to a guardianship and help you decide whether a guardianship is necessary for your loved one. The family law attorneys at The Larson Law Office are ready to answer all your questions about Texas guardianships.
Worrying about a relative’s safety is hard. Call us today to start seeking protection for them and peace of mind for yourself.
Supervised Visitation in Texas Overview
/in Child Custody Law, Family Court /by Erik LarsonOn the other hand, your custody orders might allow the other parent to have supervised visitation, and you may be wondering what this means for you and your child.
Here, we will provide an overview of child custody and supervised visitation in Texas and answer some frequently asked questions.
What Is Supervised Visitation?
Supervised visitation means that any interaction that one parent has with the child must occur in a third party’s presence. The third party is usually a social worker or someone else with child advocacy experience. However, the third party can be a friend or family member in some circumstances. Sometimes the visits will have to take place in a specific location as well.
Courts order supervised visitation for a variety of reasons. Often, the court has decided that the noncustodial parent could pose a danger to the child.
A court may require supervised visitation if the noncustodial parent has a history of substance abuse that might endanger the child or if the parent has threatened or harmed the child. Also, if the court thinks that the noncustodial parent might try to kidnap the child, it will require supervised visitation.
A child can request to have supervision during visits with the noncustodial parent. The court does not always grant these requests. The court will consider the child’s age and whether the custodial parent is influencing the child’s request.
Supervised Visitation Costs
Since the third party supervising the visit is typically a professional supervisor, there are sometimes additional costs of supervised visitation. Usually the noncustodial parent must cover the costs. The court will also consider each parent’s ability to pay when allocating visitation costs.
Is Supervised Visitation Mandatory?
If you and your co-parent have a written visitation order from a court, you must abide by its terms. If your visitation order says that the child’s other parent has the right to supervised visitation, you have to comply with this requirement. This means you must cooperate and do as much as possible to make sure that your child is at the visitation at the scheduled date and time.
If the other parent is not following the order, you can seek enforcement of the order through the court. Seeking enforcement can lead to fines and even imprisonment if the parent who is not following the court order is found in contempt. Since contempt can carry severe penalties, if you have a cordial relationship with your co-parent, it can be helpful to talk to them before seeking court enforcement. If they know how important it is to follow the visitation schedule, they may be more willing to comply.
Talk to a Lawyer
A lawyer can be extremely helpful with supervised visitation issues. A lawyer can talk to your co-parent if they are refusing to follow the visitation schedule. Often, having a discussion with a lawyer can impress the seriousness of the situation on the other parent and encourage them to follow the visitation schedule.
If the child’s other parent has supervised visitation rights and you do not think that the child should have any contact with that parent, a lawyer can help you petition to get the visitation order modified.
The lawyers at The Larson Law Office are compassionate and knowledgeable about child custody law. Erik and Diana Larson will devote their full attention to your case and help you achieve the best possible outcome for you and your child.