“Because Texas is a community property state, all marital property is characterized as “separate”, “community” or mixed. See Hilley v. Hilley. The process of determining whether separate, community or mixed is known as characterization. When a marriage is dissolved, the character of the property determines...
Nonexhaustive List of Factors the Court May Consider When Determining the Best Interests of a Child for Purpose of Appointing Primary Managing Conservator A. Factors Based on Each Party’s Ability to Care for the Child Petitioner and Respondent should address the following factors as they relate to...
All assets and liabilities identified and characterized as the spouses’ community property must be divided between the spouses in a “just and right” manner, taking into account the rights of each spouse and any children of the marriage. A “just and right” division can be a...
What is and Inventory and Appraisement? In a divorce, one of the most basic things that must be accomplished by the parties and the court is divide the property. The court is charged with ensuring that the division of the marital property is accomplished in a...
In order to modify an order based on relocation, the party attempting to modify the prior order must show that there has been (1) a material and substantial change in circumstances and (2) it is in the best interests of the child to modify the...
Some people in our area are taking advantage of an online divorce form, possibly cheating spouses out of assets. Some people are filing divorce online because it's cheaper, others for more deceptive reasons. A local attorney says the Texas Supreme Court made an online form option...
The court will order the obligor to maintain or obtain coverage for the child if health insurance is available for the child through his employer at a reasonable cost. If health insurance is not available through obligor’s but available through the other parent’s employment or a...
The court will determine the obligor’s net resources as outlined above; however, the court will assign a different percentage to be paid towards the child support to be paid. For example, if an obligor had 1 child with one mother who was seeking support and...
