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Summary of Texas Family Law Updates – Effective Changes Now in Effect
The Texas Legislature made changes in 2011 that impact many in the area of Texas Family Law. All of these Texas Family Law updates are now in effect: Voluntary termination of parental rights for men mistakenly adjudicated a child’s biological father. Senate Bill 785, codified into §161.005 of the Texas Family Code and effective as…
Spousal Maintenance (Alimony) – Texas Family Law changes by the Texas Legislature in 2011
In addition to the changes I discussed in my earlier blog entitled “Texas Family Law changes by the Texas Legislature in 2011,” significant revisions were made to the Spousal Maintenance (Alimony) statute by the Texas Legislature in 2011. In 1997, the Texas Legislature passed the first Spousal Maintenance (Alimony) statute under Texas Family Law…
Property Division not restricted to 50-50 in Texas Family Law
Contrary to what many people believe, Texas Family Law does not mandate a 50/50 division of property in a divorce. Under Texas Family Law, the Court is charged with a duty to divide marital property in a manner that is “just and right.” Appellate Courts have found in some cases…
Family Law mediator – an opportunity to reduce unnecessary divorce litigation
The role of Family Law mediator continues to grow in Texas Family Law Courts. Virtually all family courts in Harris and surrounding counties now require mediation prior to temporary hearings where the custody of children is in dispute, as well as prior to final trials. This is advantageous to the practice of Family Law…
Texas Family Law changes by the Texas Legislature in 2011
Texas Family Law The Texas Legislature made important changes to Texas Family Law in 2011 2011 was a busy session for the Texas Legislature, with legal changes that will affect many in the area of Texas Family Law. While some legislative changes this year are what I call “clean up legislation,”…
Divorce alternatives–divorce mediation helps change from “win-lose” to “win-win”
Divorce mediation is an alternative to divorce litigation. It is a form of Alternative Dispute Resolution (ADR) and is required by most Texas Family Law courts before a case will be allowed to proceed to trial. Divorce mediation can be a favorable alternative to divorce litigation Divorce mediation is an…
Characterizing property in a divorce settlement–community versus separate property
Division of property in a divorce settlement under Texas Family Law can be a complex process. The first issue that must be clarified is the characterization of property that is owned by you and your spouse—what is “community property” and what is “separate property”? These are legal terms of art, which means they have specific…
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