Articles Posted in Divorce

Important Thoughts on Why You Shouldn’t Represent Yourself in a Divorce
You may have asked yourself the question on whether or not you need the assistance of a divorce attorney when both you and your spouse have decided to end the marriage. If so, then there are several points that could help you make the process of divorce work for you and your spouse without much trouble.

Why Hire Divorce Representation?

It is in your best interest to hire divorce representation to represent you if your spouse already has one. However, it depends on the specific circumstances of your case. So you don’t want to go up against a legal practitioner unless you have legal experience.

Tips on Getting Legal Assistance for a Divorce
Being in trouble with the law is one of the most stressful situations that you’ll ever be in. But more than the emotions that come with trying to prove yourself innocent, there is also the added pressure of having to pay for a lawyer to defend you. And because most legal battles are not something that you prepared for nor wanted to be in, you may not be financially prepared to cover the expenses of getting legal assistance. The Law Office of Jon R. Boyd offers competitive pricing for an experienced Plano divorce attorney,

While you can always call on us for assistance, the good news is, there are still ways to seek legal help even if you can’t afford a lawyer:

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What You Should Know When Hiring a Divorce Attorney in Granbury
When either you or your spouse decides to end the marriage, the next thing that comes to your mind is whether or not you should hire a Granbury divorce attorney to help you out. In Texas, you are not required to have a lawyer when filing or responding to a divorce case. However, certain issues such as parental rights, property, and money can turn into risks in the future.

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Is Texas a 50/50 State Where Property & Asset Division in a Divorce Is Concerned?
If you’ve spoken to a Granbury divorce attorney regarding property matters, you probably know by now that property division is likely to be 50/50.

Texas is a community property state where all marital property will be divided by the court between parties as they agree, or in the absence of agreement, in a manner the Court deems just and right. This usually, but not always, results in an equal division.

What is Community Property?

Plano fathers rights attorneysIt wasn’t that long ago that an infertile couple had very few options aside from being patient and hoping for a miracle or adoption. Recent innovations in reproductive technology, however, have helped many couples and individuals achieve pregnancies that may have been impossible even a few years ago. In vitro fertilization now allows a woman’s eggs to be removed from her body and joined with a man’s sperm in a laboratory. Once fertilization occurs, the embryo can be transferred into the woman with the hope that it will implant and grow, ending in the miracle of birth. Embryos that are not immediately implanted, however, are frozen to be used in successive attempts at implantation. What happens, though, if a couple decides to end their marriage? How are the frozen embryos treated in the ensuing divorce? The Plano fathers rights attorneys at The Law Office of Jon R. Boyd provide some answers.

Did You Sign a Contract?

Most couples are required to sign lengthy contracts when they agree to pursue in vitro fertilization (IVF), or any other type of assisted reproductive technology. Furthermore, most of these contracts address what shall happen to the frozen embryos if they are not implanted within a reasonable period of time. If you and your spouse chose to pursue IVF, the fate of any unused frozen embryos should have been discussed with you at length before moving forward. Because IVF is an emotionally charged subject matter, you may not remember all the terms of the contract you signed. Pull out the contract and read through it carefully to see if the contract itself dictates what will happen to any frozen embryos.

Plano fathers rights lawyerJust as we can’t always plan when love and marriage will happen, we can’t always plan when the desire to end a marriage will occur. Of course, it is never really a good time to go through a divorce, but sometimes the timing is particularly bad. For example, if you have recently moved to a new state, the idea of going through a divorce probably sounds fairly traumatic.  There may be another practical bar to moving forward with a divorce anyway. A Plano fathers rights lawyer explains when you can file for divorce in Texas along with some of the other basic requirements for getting a divorce in the State of Texas.

Basic Requirements for a Texas Divorce  

In order to file for a divorce in any state, you must first be certain you meet the basic filing requirements. In the State of Texas, those requirements include a residency requirement. To file for divorce in Texas you must be able to show that at the time the suit is filed either the Petitioner (spouse filing the divorce) or the Respondent has been:

Granbury father’s rights lawyerIf you are currently married, but are contemplating divorce, you are undoubtedly considering all the implications of going through a divorce as well as all the factors that will affect the divorce process itself. One factor that will have a significant impact on a divorce is the existence of a prenuptial agreement signed by the spouses prior to marriage. If you entered into a prenuptial agreement, you definitely need to understand how that will impact your divorce should you decide to proceed. It is always in your best interest to consult directly with an experienced divorce attorney before moving forward with a divorce, when possible. To give you some general guidelines, however, a Granbury father’s rights lawyer explains how a prenuptial agreement typically affects a divorce.

What Is a Prenuptial Agreement

Individual state laws govern most aspects of prenuptial, also known as “premarital” agreements. In the State of Texas, the Texas Family Code, Section 4.001 et seq. governs prenuptial agreements, defined as “an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage.” The parties to a prenuptial agreement in Texas may contract to any of the following within a prenuptial agreement:

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While there is no doubt that divorce is a very emotional process, the financial ramifications of a divorce are also often significant. Along with the division of debts and assets, one spouse is often ordered to pay child support for the couple’s minor child. In some divorces, spousal support may also be requested and ultimately ordered as part of the divorce settlement or award. If you are contemplating a divorce in the State of Texas, you may find the following information on spousal support from a Granbury divorce lawyer to be helpful.

The Financial Reality of Divorce

post-divorce modifications lawyerTypically, at the end of a civil lawsuit, the judge enters an order reflecting the decisions agreed upon and/or made by the court in the case and the parties are then bound by that order going forward. In other words, that’s the end of the matter. Divorce, however, is frequently an exception to that general rule. While the court does enter an order at the end of the case which includes all the terms of the divorce, and both parties are required to abide by those terms, that is not always the end of the matter.  On the contrary, it is rather common for the parties to a divorce to return to court asking the court to modify the original terms of the divorce. If you wish to change one of the terms of your divorce, how do you know that you need a post-divorce modifications lawyer to accomplish that goal?

Legal System Basics

The first thing you must understand if you wish to change any of the terms of your divorce is that the judge must officially approve any changes made to the original divorce decree for those changes to be binding on the parties. Even if both parties agree to the change, it is not legally binding until the court approves the change. For example, it is not uncommon for the parents of a minor child to make informal changes, by agreement, to the possession and access schedule. While this may work for both parties given a change in circumstances since the divorce, the law does not acknowledge those changes. This can create problems down the road because those changes may make it appear that one party was not complying with the court’s orders.

Plano fathers rights lawyerWhen a divorce involves minor children, as many do, most of the issues that must be resolved and the decisions that must be made will impact those children in one way or another. Even the division of assets and debts will impact the children as it will likely change the financial picture for both parents post-divorce. One issue that directly and significantly impacts the children, however, is possession and access. In the State of Texas, the terms “custody” and “visitation” are not found within the law. Instead, the term “conservatorship” is used to refer to the relationship between a primary parent and the minor child, while the term “possession and access,” is associated with the concept of visitation.  If you appear to be heading toward divorce, or have already started the process, you need to have a thorough understanding of possession and access. Because every situation is unique, it is imperative that you consult directly with an experienced attorney about specific questions or concerns you may have. In the meantime, a Plano father’s rights lawyer explains some possession and access basics.

Texas Family Law Basics – Decision-Making Policies

The Texas Family Code Section 153.001 et seq. governs conservatorship, possession and access within a divorce. Anytime a decision must be made that will impact a minor child, the decision must be made in accordance with the state’s policies. With regard to the parent-child relationship following a divorce, that section makes it very clear that the policy of the State of Texas is to:

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