At the Law Office of Randy Michel, we believe in finding the best possible resolution for divorces that is available under Texas law. Sometimes, that means that our clients avoid divorce court almost entirely. In fact, we often recommend that our clients explore all other alternatives before going forward with a trial. There are various financial benefits to this strategy, but perhaps the most important is that we are better empowered to preserve the resources that our clients intend to divide in their divorce contract.
If you are a Texas resident contemplating divorce, you may be wondering if Texas is a no fault state where you do not need to allege fault on the part of your spouse in order to get a divorce. On the surface, the answer is yes. But as FindLaw explains, under the Texas Family Code, your no fault divorce petition must say that “insupportability” is the reason why you are seeking a divorce.
Disputes between spouses seeking a divorce do not always have to end up in a Texas courtroom. Methods exist for separating couples to resolve their disagreements that do not involve the intervention of a judge. Cornell University describes three available alternatives to a divorce trial.
Many in College Station might assume that when they choose to divorce, the awarding of alimony is automatic. Yet that is not always the case. The court considers a number of factors when deciding whether to award one alimony, such as the duration of the marriage, the role each spouse played in supporting it, and the ability each has to return to enjoying the same standard of living they did while married. In cases where spousal maintenance is awarded, the court may further decide to only require it indefinitely (until the one receiving it dies or remarries) or over a predetermined period of time.
For many people in Texas, the thought of giving up their home in a divorce is one of the hardest things to accept. This is understandable as a home is very personal and can have a lot of emotion attached to it. It can also represent some sense of security, especially for families with small children. However, emotions are not the best things on which to base important financial decisions and giving in too quickly to the urge to keep a house when getting divorced can end up causing bigger problems down the road.
If you are a Texas father who was not married to your child’s mother at the time of his or her birth, you may be shocked to discover that, according to Texas law, your child has no legal father. As the Office of the Texas Attorney General explains, you are the biological father, but unless and until you establish your paternity, you have no legal right to your child.
If you are a married person in Texas in your fifities, sixties or older and find that you may be thinking about pursuing a divorce, you are far from alone. Despite what many people might think, being married at this age does not guarantee that you are out of the woods and your marriage is trouble-free for the rest of your life.
Like most people in Texas, you have probably heard about prenuptial agreements before but have you heard about one of the newest trends in the world of marital contracts referred to as the social media prenup? As the name implies it is a special type of prenuptial agreement focuses on the role of social media in a marriage or divorce. It may even be a provision of a larger prenup that includes other topics as well.
It is no secret to most people in Texas that financial hardship can place a serious strain on a marriage. Love, communication and companionship may be important parts of a relationship but the fact that marriage is very much a financial union as well as an emotional one cannot be avoided, especially when financial problems arise.
If you signed a prenuptial agreement before your Texas wedding, you are likely under the impression that you will be protected if you and your spouse ever decide to divorce. The truth is that some prenups were not created under legal circumstances and will not be upheld when brought before a court of law. We at the Law Office of Randy Michel can help you determine if your agreement was valid and help you protect your rights if your marriage ends in divorce.