Today we talked with Erik Larson of The Larson Law Office, PLLC, in Houston, Texas about the divorce process and the process of hiring the lawyer who will be the best divorce lawyer for you in handling your specific divorce case.
When deciding on hiring a lawyer, if the attorney you select shares and supports your goals and strategies for the case, that is usually a good indicator that the divorce lawyer is the best choice for you.
Interview Questions
Q: What are the common reasons for divorce that you handle as a Houston divorce lawyer?
There are many reasons for why couples divorce. Many times it is due to financial stressors, such as job losses, job transfers, differences in spending and savings habits between the spouses.
When children arrive, many issues that were not discussed by the couple before marriage arise and the parents realize that they have very different ideas about raising children and parenting which can often cause long-term conflict and stress the marital relationship. Sometimes it is due to issues like infidelity, domestic violence, mental cruelty, or abandonment by a spouse.
Q: As a divorce lawyer in Houston, what’s the most common mistake you see people make in divorces that you wish you could stop?
The most common mistake in divorce cases I see is that people often do not act quickly enough and early enough to protect their interests. Many times people are overwhelmed by the deteriorating marital relationship and are in denial of what they know is happening.
Taking the first step in hiring a divorce lawyer can appear to be overwhelming and even frightening, especially in turbulent emotional times, but, in my opinion, the earlier people act to get in front of the situation and to get legal advice before taking action, the better off they will typically be.
Q: What should people expect if there are children involved in a divorce?
The goal should always be to protect and insulate children from the divorce process. This means not involving the children in adult problems, not running down the other parent to the child, not asking the child to spy on the other parent during periods of possession and reporting back to that parent upon return of the child.
Child support, medical support, rights, duties, and possession and access schedules will be put in place, either by agreement by the parties, agreement in mediation, or by the court if no agreement is reached.
But what parents should keep in mind is that what damages children is not the divorce process, it is not living in separate homes, rather it is the level of interpersonal conflict between the parents particularly when the parents involve the children in that conflict.
Q: What made you want to be a divorce/custody lawyer?
Throughout my life, like many people, I witnessed close friends and family members go through the divorce process. Those experiences made a tremendous impact on me, particularly witnessing people take courageous actions to protect their children from harmful environments, and to improve their situations in life.
I also became a lawyer to help people. Being a divorce attorney gives me the ability to help people on a daily basis navigate what is probably one of the most difficult processes of their adult lives. Although divorce can often be a stressful process, this is also the beginning of a new, and often better and more productive, stage in peoples’ lives.
Q: Do you believe everyone needs a lawyer for their divorce?
The vast majority of people would benefit from having a divorce lawyer help them resolve their case. The emotional component of divorce cases make it extremely difficult for most people to navigate resolving property and children issues, and Texas law can be complex in the area of child conservatorship and property division.
Banks and other financial institutions will want to see a divorce decree in making lending decisions in the future and a divorce lawyer can help make sure that your divorce decree is in order to avoid problems dealing with banks in the future.
There can also be complicated issues regarding reimbursement of separate and community property, real estate issues and 401(k) divisions that a lawyer can significantly assist with resolving and structuring.
Q: How do you generally see divorce cases resolve?
The vast majority of divorce cases we handle are resolved through a settlement process called mediation. We are big proponents of mediation because it gets clients through the divorce process more quickly and less expensively than a traditional litigation process and trial where a judge or jury decides everything.
Mediation also allows the parties to keep control of the process rather than going to a trial where nothing is within the parties’ control. We are very picky about the mediators we pick to mediate our cases because the choice of who the mediator is can make the difference between success and failure of mediation.
Q: What advice or tips do you have for people going through a divorce?
One of the most important things to try to do is also one of the most difficult, which is to manage your own emotions. People who can step back a bit emotionally and focus more on how they want their property divided, and, if there are children, what kind of rights, duties and possession they want, rather than how their spouse has wronged them, will likely get off to a better start in the divorce process.
Q: What makes you different from other divorce lawyers in Houston?
The feedback we get is that many divorce law firms are full of junior lawyers, paralegals, secretaries and other staff that seem almost designed to keep clients away from the primary lawyer who the client has hired. That is not the case with our law firm. We do not have junior lawyers who are often assigned at other firms to “cover” a hearing, mediation or trial.
When you hire Erik Larson and Diana Larson, you will get either Erik or Diana – whether it is on the initial phone call as a potential client of our firm, in an initial meeting, on the phone, email or in person meetings throughout your case, in mediation, in hearings, or at trial. If you hire us, you will get us. Period.
Have Questions? Contact Us
Our Houston divorce attorneys are ready to answer all of your questions and provide you with the honest, straightforward advice and aggressive legal representation you may need. Free legal consultations are available. Contact us online or call us at 713-221-9088.
Annulment in Texas | Next Steps
/in Divorce Law /by Erik LarsonThere are only a few circumstances in which a couple can annul a marriage in Texas.
However, an annulment might be your best option depending on the details surrounding your marriage.
Overview of an Annulment
Unlike a divorce, an annulment is a legal ruling that a marriage was never valid. However, Texas law requires a spouse to show grounds for filing an annulment. Grounds for an annulment in Texas include:
If you can prove any of these grounds, you may be eligible for an annulment in Texas.
How to Get an Annulment in Texas
There are several steps you and your lawyer must take to file for an annulment in Texas. Before you file, either you or your spouse must have lived in Texas for at least six consecutive months.
First, you must petition the court for an annulment. You need to file your petition in the county where you or your spouse resides. The petition must name you and your spouse, list your children, and state when you stopped living together. You must also list any property that needs dividing.
Next, you need to notify your spouse of the filed annulment. To do this, you can ask a sheriff or process server to serve your spouse with a court summons. Make sure to do this as soon as possible after filing for your annulment. If you don’t know where your spouse is, your attorney will ask the court for the option to post a notice in the newspaper.
Finally, you need to go to court and present your argument for annulment. Usually, this is only presented in front of a judge, but it can be presented in front of a jury in uncommon cases. If you win your case, the court will ask you to complete a decree of annulment and give it to the judge.
How Long Do You Have to Annul a Marriage?
In most cases, you may file for an annulment in Texas as long as both spouses are alive. However, if any of the following apply to you, there is a statute of limitations:
In addition, you cannot file for a marriage annulment in Texas if you continued to live with your spouse after discovering their offensive conduct.
What Happens When I Get an Annulment in Texas?
When a judge signs your decree of annulment in Texas, your marriage is declared void. This means that you can legally say that you were never married. However, the judge usually decides issues regarding child custody, visitation, alimony, and property division during the annulment process in court.
What Is the Cost?
The cost of a marriage annulment in Texas ranges from the hundreds of dollars to thousands of dollars depending on the circumstances. For example, if your spouse tries to fight your annulment, you might need to hire a lawyer to represent you in court.
Contact an Experienced Texas Family Law Attorney Today
Filing for a marriage annulment in Texas is a complex process that often makes it difficult for troubled spouses to get the outcome they deserve. At Larson Law Office, our Texas family law attorneys know the ins and outs of annulment in Texas and will help you every step of the way. To set up a free consultation, give us a call at 713-221-9088.
Texas Divorce Temporary Orders
/in Divorce Law /by Erik LarsonWhat Happens in a Hearing for Temporary Divorce Orders in Texas?
Temporary orders basically are orders entered by the court for the pendency of the divorce that can protect a spouse, property or ensure the children’s well-being.
Temporary orders hearings frequently occur very quickly and early in divorce cases. In many cases, the hearing on temporary orders occurs even before the non-filing spouse’s deadline to file an Answer has expired.
In fact, it is not uncommon that many of the temporary orders entered by the court eventually provide the framework for the final decree.
The Texas Family Code provides that a divorcing spouse can request a temporary orders hearing for personal protection or for the protection of property during the divorce process. In situations where a divorcing couple has children, a spouse can also request temporary orders for a child’s safety and welfare.
Regarding temporary orders hearings to protect property, a spouse can request that the court enter temporary orders that provide for the exclusive use of the couple’s residence by one spouse prior to entry of the final decree. This request must be accompanied with evidence supporting why such an order is necessary. Examples of such evidence include a concern that the other spouse will attempt to prevent her from entering the property or that both spouses having access to the residence will have a negative or disruptive effect on the children.
What Spouses Can Request
A spouse can also ask the court to hear a temporary orders hearing for spousal support. Temporary spousal support is designed to protect a spouse who stays at home, or makes significantly less money than the other spouse during the pendency of the divorce until the final divorce decree is entered. If temporary spousal support is awarded to a spouse, the amount of spousal support paid can be considered by the court when final property division is done at the end of the case.
A party in a divorce case can request the court to hear a temporary orders hearing that the spouse be given the exclusive right to manage and control property of the marriage. This can range from things like automobiles to firearms to pets – a wide range of property can be the subject of these orders which are in effect until final orders.
At the temporary orders stage, a party can also request from the court:
A spouse can also request a temporary orders hearing occur for conservatorship of the children, child support, medical support and attorney’s fees.
Contact an Attorney About Your Temporary Texas Divorce Order
Texas divorce Temporary orders are very important part of a Texas divorce case. Having a responsive and prepared divorce lawyer is recommended to manage the quick deadlines involved in these hearings. Call Diana Larson at Larson Law for a free case evaluation at 713-221-9088.
Best Advice From a Seasoned Houston Divorce Attorney
/in Divorce Law /by ErikLarsonWhen deciding on hiring a lawyer, if the attorney you select shares and supports your goals and strategies for the case, that is usually a good indicator that the divorce lawyer is the best choice for you.
Interview Questions
Q: What are the common reasons for divorce that you handle as a Houston divorce lawyer?
There are many reasons for why couples divorce. Many times it is due to financial stressors, such as job losses, job transfers, differences in spending and savings habits between the spouses.
When children arrive, many issues that were not discussed by the couple before marriage arise and the parents realize that they have very different ideas about raising children and parenting which can often cause long-term conflict and stress the marital relationship. Sometimes it is due to issues like infidelity, domestic violence, mental cruelty, or abandonment by a spouse.
Q: As a divorce lawyer in Houston, what’s the most common mistake you see people make in divorces that you wish you could stop?
The most common mistake in divorce cases I see is that people often do not act quickly enough and early enough to protect their interests. Many times people are overwhelmed by the deteriorating marital relationship and are in denial of what they know is happening.
Taking the first step in hiring a divorce lawyer can appear to be overwhelming and even frightening, especially in turbulent emotional times, but, in my opinion, the earlier people act to get in front of the situation and to get legal advice before taking action, the better off they will typically be.
Q: What should people expect if there are children involved in a divorce?
The goal should always be to protect and insulate children from the divorce process. This means not involving the children in adult problems, not running down the other parent to the child, not asking the child to spy on the other parent during periods of possession and reporting back to that parent upon return of the child.
Child support, medical support, rights, duties, and possession and access schedules will be put in place, either by agreement by the parties, agreement in mediation, or by the court if no agreement is reached.
But what parents should keep in mind is that what damages children is not the divorce process, it is not living in separate homes, rather it is the level of interpersonal conflict between the parents particularly when the parents involve the children in that conflict.
Q: What made you want to be a divorce/custody lawyer?
Throughout my life, like many people, I witnessed close friends and family members go through the divorce process. Those experiences made a tremendous impact on me, particularly witnessing people take courageous actions to protect their children from harmful environments, and to improve their situations in life.
I also became a lawyer to help people. Being a divorce attorney gives me the ability to help people on a daily basis navigate what is probably one of the most difficult processes of their adult lives. Although divorce can often be a stressful process, this is also the beginning of a new, and often better and more productive, stage in peoples’ lives.
Q: Do you believe everyone needs a lawyer for their divorce?
The vast majority of people would benefit from having a divorce lawyer help them resolve their case. The emotional component of divorce cases make it extremely difficult for most people to navigate resolving property and children issues, and Texas law can be complex in the area of child conservatorship and property division.
Banks and other financial institutions will want to see a divorce decree in making lending decisions in the future and a divorce lawyer can help make sure that your divorce decree is in order to avoid problems dealing with banks in the future.
There can also be complicated issues regarding reimbursement of separate and community property, real estate issues and 401(k) divisions that a lawyer can significantly assist with resolving and structuring.
Q: How do you generally see divorce cases resolve?
The vast majority of divorce cases we handle are resolved through a settlement process called mediation. We are big proponents of mediation because it gets clients through the divorce process more quickly and less expensively than a traditional litigation process and trial where a judge or jury decides everything.
Mediation also allows the parties to keep control of the process rather than going to a trial where nothing is within the parties’ control. We are very picky about the mediators we pick to mediate our cases because the choice of who the mediator is can make the difference between success and failure of mediation.
Q: What advice or tips do you have for people going through a divorce?
One of the most important things to try to do is also one of the most difficult, which is to manage your own emotions. People who can step back a bit emotionally and focus more on how they want their property divided, and, if there are children, what kind of rights, duties and possession they want, rather than how their spouse has wronged them, will likely get off to a better start in the divorce process.
Q: What makes you different from other divorce lawyers in Houston?
The feedback we get is that many divorce law firms are full of junior lawyers, paralegals, secretaries and other staff that seem almost designed to keep clients away from the primary lawyer who the client has hired. That is not the case with our law firm. We do not have junior lawyers who are often assigned at other firms to “cover” a hearing, mediation or trial.
When you hire Erik Larson and Diana Larson, you will get either Erik or Diana – whether it is on the initial phone call as a potential client of our firm, in an initial meeting, on the phone, email or in person meetings throughout your case, in mediation, in hearings, or at trial. If you hire us, you will get us. Period.
Have Questions? Contact Us
Our Houston divorce attorneys are ready to answer all of your questions and provide you with the honest, straightforward advice and aggressive legal representation you may need. Free legal consultations are available. Contact us online or call us at 713-221-9088.
Understanding Military Divorce in Texas
/in Divorce Law /by Erik LarsonUnderstanding how the Texas military divorce laws could affect you is critical, as is knowing—and protecting—your legal rights.
Talking to a Texas divorce attorney can help, as long as you choose a lawyer who has experience with military divorces.
The compassionate legal professionals at the Larson Law Office can help.
Our dedicated husband-and-wife team has the knowledge and experience you need on your side.
What Makes Military Divorce in Texas Different?
A number of laws, both state and federal, affect the military divorce process. One of the primary considerations is that divorce papers must be personally served on an active duty servicemember. No other form of process service is acceptable. If an active duty spouse is deployed overseas, for example, this could affect the timeline of the divorce process.
The time required for a servicemember to respond to being served may also be extended. Under the Service Member’s Civil Relief Act (SCRA), active duty servicemembers have an additional 90 days to respond to being served. They can also request that the court delay the hearing process until they return from deployment.
What If My Spouse Lives in a Different State?
To file for divorce in Texas, one of the spouses must have been a legal resident of the state for at least six months. That spouse must also have been a resident of the county in which the proceedings will take place for six months.
For a military divorce, you also have the right to file in Texas if you are stationed in the state or if you were deployed from the state. As long as one of the parties meets the requirements necessary to file for divorce in Texas, it doesn’t matter where the other spouse lives.
Texas Military Divorce and Child Custody
Matters involving child custody, child support, and spousal support are essentially the same for both military and civilian divorces. Child support payments are calculated based on the guidelines established in Texas law. However, the total amount cannot exceed 60% of the servicemember’s pay.
The parties must work out a formal parenting plan, including terms of custody, visitation, and conservatorship. If the servicemember expects to be deployed, you may have to include provisions that take this factor into consideration.
Division of Property in Military Divorce
With few exceptions, the division of property in a military divorce is identical to property division in a civilian divorce. In Texas, any property the parties hold separate from their spouse is typically not subject to division, as long as you can provide proof.
Community property, including real property, vehicles, bank accounts, etc., is subject to division by the court unless the parties can reach a mutual agreement on their distribution.
The primary difference in divorce proceedings where a servicemember is involved is the way military retirement and health insurance benefits are distributed.
Whether a non-servicemember spouse can take a portion of the servicemember’s retirement benefits depends on multiple factors, including the duration of the marriage and the amount of time the servicemember was on active duty during the marriage.
The servicemember might also have to provide healthcare for a dependent spouse as well as any minor children.
To understand specifically how the division of property laws affect your situation, talk to an experienced military divorce lawyer. If you qualify to receive a portion of your spouse’s military retirement benefits and health insurance benefits, your attorney can fight to help ensure you get the benefits you’re entitled to.
How a Texas Military Divorce Lawyer Can Help
Whether you are a servicemember who has been served with divorce papers or you want to learn more about divorcing a servicemember, talking to a lawyer can provide critical insight.
An experienced attorney can help you navigate all the complexities related to military divorce. Texas state and federal laws can significantly affect how a divorce will impact you financially, both now and in the future. Don’t risk your future or that of your children by trying to navigate this complex process on your own.
Contact Us to Schedule a Free Consultation
For help with a military divorce in Texas, contact the husband-and-wife divorce law team of the Larson Law Office. We personally handle every aspect of your case and fight to ensure the protection of your rights. Contact us now to schedule a no-cost consultation, or call us at (713) 221-9088.
Establishing Paternity in Texas
/in Child Custody Law, Divorce Law /by Erik LarsonHow To Establish Paternity in Texas?
This presumption is created if a man is married to the child’s mother and the child is born either during the marriage or within 300 days after the marriage is terminated.
This presumption of paternity in Texas can be attacked by a suit to establish parentage or the filing of a valid denial of fatherhood and an acknowledgement of paternity (AOP) by another person.
A man can also become a father in Texas if he files an Acknowledgement of Paternity (AOP). The AOP must be signed by both the child’s mother and father and filed with the Bureau of Vital Statistics (BVS). Filing a signed AOP is a way to determine paternity in Texas instead of filing a lawsuit to determine the child’s father.
In situations where the child does not a presumed father under the Texas Family Code, such as where the man and woman were never married to each other, the signed AOP is effective on the date the document is filed with the BVS.
Effective Acknowledgement of Paternity in Texas
To be valid, an AOP must:
1. be “in a record”;
2. be signed or authenticated under penalty of perjury by both the mother of child and the man acknowledging paternity;
3. state that the child does not have either a presumed father, an adjudicated father or another acknowledged father;
4. state whether genetic testing has been done and, if testing has been done, that the man’s claim for paternity is consistent with the test results; and
5. state that the man and the mother of the child understand that the AOP has the same effect as a court’s finding of paternity and that challenging an AOP is allowed in only certain cases.
Denial of Paternity in Texas
A presumed father can also sign a denial of paternity in Texas. Similar to the effect of an AOP, a denial of paternity by a man, along with another man’s acknowledgement of paternity, has the effect of a court ruling of paternity. As a result, a valid denial of paternity by a presumed father will release that man from all of the rights and duties of a parent. To be an effective denial of paternity under the Texas Family Code, the following requirements must be met:
1. A valid AOP is filed by another man;
2. The denial of paternity must be in a record, signed by another man and filed;
3. The presumed father has not done an AOP previously and has not been adjudicated to be the father by a Texas family court.
Contact Our Law Office Today
If you have questions about acknowledgement of paternity in Texas or denials of paternity, contact The Larson Law Office at 713.221.9088 to discuss your issue with our Houston family lawyers.
Texas Prenuptial Agreement Provisions
/in Divorce Law, Family Court /by Erik LarsonTexas Prenuptial Agreements Video Overview
Today we are going to discuss some of the provisions in a Texas prenuptial agreement. A prenuptial agreement is an agreement you enter into prior to getting married dealing with property, spousal support, and other financial issues.
Eliminating Community Property
One of the first issues that typically comes up in premarital agreements is whether or not you are going to have community property during the marriage. You can use a prenuptial agreement to eliminate future community property in a prenuptial agreement. This means that during the marriage you keep everything separate between the two spouses, so that there is no creation of the community property in the marriage. Each spouse only owns their own separate property during the marriage. This obviously makes it easier to divide property in the event of a divorce.
Temporary Spousal Support
Another issue that frequently comes up in prenuptial agreements is whether or not you are going to have alimony or temporary spousal support. You can provide for a certain amount of agreed temporary spousal support in the event of divorce, or you can eliminate alimony altogether by agreement.
Establishing a Household Account
Additionally, something that arises often in premarital agreements is whether you are going to have a household account. Are you going to set up a fund to pay for the mortgage and daily expenses that you incur during the marriage? And how are you going to fund that? How are you going to divide that account or who gets it upon a divorce?
Infidelity Clauses
You can also include an infidelity clause. If there is infidelity – if somebody cheats in the marriage – what is going to happen in that situation? Meaning that you have a greater share of money or property awarded to the “innocent spouse” if adultery is established.
Award of Marital Residence
You can also deal with what is going to happen to the marital residence upon a divorce. Who is going to live there during the divorce process, and how long does the other party get to stay in that house? Does the house eventually get sold on the open market or does the home get awarded to one of the spouses in the divorce?
In a prenuptial agreement, you are basically outlining what will happen upon a divorce. It may sound like you are starting a marriage with discussing what’s going to happen upon a divorce, but those things can give certainty. This can also reduce anxiety because the agreement ensures that everybody’s on the same page in the event of a divorce.
Credit Divisions
Each spouse comes into a marriage with varying degrees of financial stability. If spouses want to keep their finances separate, a prenup is a great way to achieve that goal. Keeping each party’s finances separate can help avoid some pitfalls in the future. For instance, if one spouse has a lot of debt going into the marriage, a prenuptial agreement can keep the other spouse from getting saddled with that debt. If the couple subsequently divorces, the spouse with the large debt remains responsible for paying it.
Of course, it is common for married people to buy things on credit. Assets purchased on credit during a marriage are presumed to be purchased with community credit, and thereby become a community asset held by both spouses.
However, if this outcome is not desired, there are ways to get around it in a prenup. When granting credit, the couple can agree that creditors only consider the creditworthiness and income of the borrowing spouse. The parties can further agree that both the asset and the associated debt remain solely with the purchasing spouse, so the other spouse remains unaffected.
Income from Separate Property
As previously stated, Texas allows a married couple to keep their property separate during the marriage by writing that provision into their prenuptial contract. However, a unique feature of Texas law is that income derived from separate property becomes community (marital) property.
For instance, if Wife holds Stock A separately from Husband and Stock A returns $100,000 in a year, that profit becomes community property. But what if dividends of Stock A automatically get reinvested into the stock? At the time of divorce, would that reinvested $100,000 be separate or community property? And if it is separate, how can it be extracted from its investiture in the original stock? As you can imagine, this can make the division of assets upon divorce quite complex.
But a prenuptial agreement can solve this problem by specifying that income from any asset remains with the spouse who owns the asset. Likewise, a prenup can specify that gifts given from the income of a separate asset stay with the gifted spouse.
Distributing Property After Death
As part of a healthy estate plan, you may want to use a prenuptial agreement to control how marital community property gets distributed upon the death of either your or your spouse. In other words, if you do not want inherited land or any other wealth going to your spouse’s family or to their children from a prior marriage, then you can specify that in a prenuptial agreement.
The same is true for wealth that is generated from any assets. Under normal circumstances, most of the wealth generated during a marriage becomes community property owned by both spouses. After death, the normal distribution of property may result in inherited land or wealth leaving your family bloodline.
You can use a prenuptial agreement to protect any property you wish to preserve for your own descendants. Of course, a valid will can also resolve these issues. But a well-planned prenuptial agreement can be another valuable tool in your estate planning toolbox.
Contact Our Law Office Today
Geographic Restrictions and Child Custody in Texas
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonTexas Child Custody and Geographic Restrictions
Of course, this assumes that the Order provides that you are the conservator with the exclusive right to determine the primary residence of the children.
Such an agreement could include a geographic restriction that restricts you, for example, to living within certain designated counties within Texas. Or the geographic restriction could be to certain other states.
If you cannot reach an agreement on this issue, the other parent will likely be able to significantly restrict where you are able to live with the children. If a geographic restriction is entered, you must either obtain the agreement of the other parent to remove it, or file a Petition to Modify the Order and ask the Court to remove or modify the restriction.
Geographic Restriction & Texas Family Code
The Texas Family Code addresses issues related to geographic restrictions as follows:
Section 153.001(a) of the Texas Family Code provides that:
“The public policy of this state is 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.”
When the Court enters an Order that appoints parents as joint managing conservators, the court is required to designate one conservator to have the exclusive right to determine the primary residence of the child.
In conjunction with this, the Court will do one of two things: (1) designate restrictions on the geographic area(s) where the primary conservator can establish the child’s primary residence; or (2) the Court can leave the Order silent on the issue so that the primary conservator can designate the primary residence of the child without a geographic restriction.
Some factors that can influence a Court’s decision on whether to enter a geographic restriction (or lift a geographic restriction) include:
Contact Our Law Office Today
To learn more about geographic restrictions in Texas and child custody rules, contact Erik Larson or Diana Larson at The Larson Law Office at 713-221-9088.
Erik Larson and Diana Larson Receive 2020 AV Preeminent Rating from Martindale-Hubbell
/in Uncategorized /by Erik LarsonThe Firm congratulates Erik Larson and Diana Larson on each receiving a 2020 AV® Preeminent™ rating from Martindale-Hubbell Peer Review Ratings.
An AV® Preeminent™ Rating “is a testament to the fact a lawyer’s peers rank him or her at the highest level of professional excellence.” This distinct achievement of professional excellence is earned through a strenuous Peer Review Rating process, which places Erik Larson and Diana Larson among the elite of fellow legal professionals.
Martindale-Hubbell has been conducting peer-review ratings for over 100 years to identify and recognize lawyers with the highest legal ability and ethical standards. Lawyers are rated by their peers — attorneys and judges — in the categories of legal knowledge, analytical capabilities, judgment, communication ability and legal experience as well as a high level of ethical standards.
For experienced and high quality legal representation in divorce and family law cases, contact The Larson Law Office today.
Does Adultery Affect Child Custody in Texas?
/in Child Custody Law /by Erik LarsonHow Does Adultery Affect Child Custody in Texas?
Here, we will discuss what you need to know about adultery and child custody.
Short answer: Adultery does not usually affect child custody in Texas. Texas courts decide on custody arrangements based on the child’s best interests.
How Judges Handle Adultery and Child Custody
Courts usually focus on each spouse’s parenting abilities when determining child custody. This means that adultery does not typically affect a custody decision. However, in some situations, a judge may decide that the affair indicates a spouse’s poor judgment and questionable parenting ability. One such instance is if one spouse had an affair and intentionally exposed the children to the affair in a way that was shown to be harmful to the children. A judge may consider these types of facts in making child custody determinations, such as when children can be confused, distressed, or angry about the affair.
In addition, if the person with whom the spouse is having an affair is abusive or cruel to the children, this could affect child custody. A judge may be less likely to grant custody to a parent who allowed an abusive affair partner to have contact with the children.
What Is Adultery?
In Texas, adultery is voluntary sexual intercourse with a person besides your spouse.
Proving Adultery
In Texas, adultery is one cause for a fault divorce. Unless your spouse admits to adultery, you will have to offer proof to a court showing that they are at fault for the breakdown of the marriage because they had an affair. You do not have to prove that sexual intercourse occurred. You can use circumstantial evidence showing that an affair most likely took place. Circumstantial evidence can include:
An experienced divorce attorney will be able to help you gather the evidence you need to prove adultery.
Adultery and Divorce
While adultery affects child custody only in specific situations, it impacts other aspects of divorce. If you are getting divorced on the grounds of adultery in Texas, you will have to present evidence to prove your claim. If you successfully prove adultery, it can affect divorce issues such as property division.
In Texas, one spouse can qualify for alimony under specific circumstances, which is termed temporary spousal support in Texas. These circumstances involve the inability of the spouse receiving alimony to make enough money to support themselves. Once the judge decides that one spouse qualifies to receive alimony, they decide the amount of the alimony and the duration of payments based on a number of factors.
Texas courts can award a smaller share of marital property to a spouse that committed adultery. This is especially true if there is evidence that this spouse was spending money on the extramarital affair.
How a Child Custody Attorney Can Help
An experienced child custody attorney can help you divorce a spouse who committed adultery. If your partner’s affair had an impact on your children, an experienced attorney will help you make your case to the judge. A divorce attorney can also help you prove that adultery occurred by compiling strong evidence. Hiring a divorce attorney is a good idea if your spouse cheated and you want a divorce. Even if the affair does not affect child custody, you may be able to get more of the marital property.
Ask Us Any Questions You May Have
The Larson Law Office is ready to discuss how adultery can impact your divorce. We are committed to providing personalized service, so you know that every step of your case will be handled by an attorney. With over a decade of experience serving family law clients in Texas, the husband and wife team at the Larson Law Office can answer all of your adultery and child custody questions. Contact our office today.
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/in Uncategorized /by Erik Larson