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How Technology Can Impact a Divorce in Texas

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Divorce Lawyers in Houston: Divorce, when you get right down to it, can be a pretty routine process. If a couple has property of any sort- a house, a car, bank accounts- those items get divided up between the parties either by agreement or by a Judge.

If the couple has children, the parties can either agree to divide the children’s time between the two of them or they can go see the Judge and have it done that way.

There are really only those two ways to go about a divorce. This has always been the way divorces in Texas were handled.

However, with the advent of newer and more invasive technologies that shape our day to day lives couples that are divorcing need to consider how social media and other hallmarks of the digital age can shape their and their children’s futures.

Technology can Impact Communication

Many of the effects technology can have on divorcing spouses are positive.

Email

For instance, email eliminates the degree to which spouses must interact face to face if they prefer to keep more than an arm’s length from one another.

Texting

Text messaging has likewise made it so plans can be made or changed on the fly without needing to take the time or effort to contact the ex-spouse by phone or in person.

Many divorcing parents have chosen to allow their spouse to have possession and access to the children at any time which they are unable to exercise possession themselves. This is great for the children in many regards as they will be able to strengthen the relationship with both parents at a moment’s notice.

However, this can create logistical concerns when it comes to scheduling transportation for the children or arranging a schedule on the fly. Technology can intercede on the behalf of both parents to facilitate the necessary alterations to the previously agreed upon schedule.

Co-Parenting Websites

Online “co-parenting” websites like Our Family Wizard allows the parties to a divorce to communicate using an established, court approved method wherein messages can be sent which are date and time stamped.

The parties can agree to use websites such as this as frequently or as seldom as they choose, or a Court can mandate that these sorts of websites be the sole means by which the parties can communicate regarding the children or any other subject.

For a nominal yearly cost, the parties’ communications will be documented, logged and made ready should disagreements or outright violations of the court’s orders be alleged. The peace of mind that can be achieved knowing that any missteps by an ex-spouse are documented can put many a nervous mom or dad at ease.

Negative Impact of Technology

As with most things in life for every positive attribute of something, there is a negative characteristic to consider as well. Technology is no different.

For instance, information including photographs, social media postings and even emails are often used in contested divorce proceedings by one party against the other.

A dispute whether a spouse was having an affair during the marriage can be resolved with some ease if a Facebook post or Tweet mentions the alleged paramour and the philandering spouse together.

By the same token, if a spouse is not being fully forthcoming when it comes to divulging the full extent of their financial wellbeing a Facebook post congratulating them on getting the new job or praising the “secret” purchase of a new boat can very much affect the outcome of a divorce.

Technology and Information Sharing

Houston Family Law Attorney: Just as with shared bank accounts retirement accounts, a divorce will require that shared means of technology between two spouses be eliminated as well.

Sharing documents or calendars “on the Cloud” may have made life simpler during a marriage but the parties will have to decide (or have a Court decide for them) how to deal with these accounts or shared means of access upon the termination of the marriage.

Unwanted Interference

Unless the parties are willing to have their ex-spouse keep the access to the information put on the Cloud they will need to work out an exit strategy to limit any unwanted interference in this way.

It is altogether not an uncommon occurrence for parties to a divorce to use:

hidden cameras online activity monitoring devices or cell phone trackers to keep tabs on the physical and digital movement of their soon to be ex-spouse. While Courts can differ on their viewpoints regarding information obtained by less than forthright means it should not be presumed that each of us has the right to spy on their spouse and obtain information by any means necessary.

Choosing what information, you share with your spouse is a consideration for each couple to make themselves- especially those who believe that a divorce may be around the corner.

Technology and Divorce Tips

What advice do the Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC have to offer on the subject of technology and divorce? The author of this post would tell any potential client of our office that they should type, post and email with the presumption that whatever words they use in digital forums can and will be used against them in a Texas courtroom potentially.

This means that any person who finds themselves using technology in a family setting should be extremely cautious of what they type and what they share with the world. A word to the wise would be to write or post nothing that you wouldn’t be comfortable having your mother, grandmother, pastor or perhaps more relevantly- a judge- to read. Judgments by a Court towards digital etchings can be made without full knowledge to context, tone or circumstance and in that way are more dangerous than actual words uttered to your spouse.

Take care and exercise caution when deciding to use technology to communicate with the world around you.

Houston Family Lawyers: In a world that is ever changing, for better and worse, due to the proliferation of different means of technology, it is important to have advocates that understand these issues. The attorneys with the Law Office of Bryan Fagan, PLLC know how to use technology to bolster a client’s case and how to utilize the technology available to us in order to ease families into post-divorce life. If you have any questions regarding divorce, child custody and how technology affects them please contact our office today for a free of charge consultation with one of our attorneys ... Continue Reading

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Relinquishment and Termination of Parental Rights in Texas

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Family Attorney Houston: Relinquishing one’s rights and duties as a parent in Texas can be easier said than done. One way that a parent can voluntarily relinquish their parental rights is to sign an affidavit of relinquishment of their parental rights.

Affidavit of Relinquishment

What the affidavit must include is:

information about the children a statement asserting that the potential relinquishing parent understands what it is that they are agreeing to and who will be the managing conservator of the children The affidavit should be signed in front of two witnesses Rights are Not Terminated Until a Court Agrees The signing of an affidavit such this does not alone terminate a person’s rights and duties to their children. A court must first determine whether the termination of the parent’s rights and duties is in the children’s best interests.

Most family law judges in Texas treat termination of parental rights as akin to the death penalty in criminal cases- something to be utilized in only extreme circumstances.

The finality of such a decision is the reasoning behind why judges are so reticent to terminate parental rights. There is no going back once their rights have been terminated.

A final order from a court cannot provide for continued contact between the soon to be former conservator and the children at issue before the court as he or she will no longer be the parent of the child(ren).

Raising the children, have a say so over how they are disciplined or where they go to school is no longer an option.

New Birth Certificate can be Issued

The remaining conservator can have a new birth certificate issued where the terminated conservator’s name can be removed thus eliminating any trace of there having been any sort of parental relationship.

An Attempt to Avoid Child Support Unfortunately, many people look at termination of their parental rights as a means by which they can avoid having to pay child support.

It is the experience of the attorneys with the Law Office of Bryan Fagan, PLLC that if a judge gets even a whiff of this sort of motivation behind the petitioning of a court to terminate their parental rights that petition and request will be denied with haste.

It is the public policy of our State to have the two parents of the child be responsible for their care and upbringing.

Eliminating one potential source of care and resources places a higher burden on the remaining parent or conservator and potentially places the State in a position where it will need to fill in the gaps should there be any unforeseen developments which make that a necessity.

When a parent outright refuses to become involved in a child’s life it is not uncommon for the other parent to want to terminate that parent’s parental rights altogether.

While the inquiring parent may see this as making a clean break with the other parent or making legal what the other parent has chosen to do in practice, it may not be in anyone’s best interest to proceed to petition the court to terminate the other parent’s rights and duties to the child.

Legal Requirements for Terminating Parental Rights

Divorce Lawyers Houston: The Texas Family Code Chapter 161 outlines the requirements for terminating a parent’s rights to a child either voluntarily (with permission of the other parent) or involuntarily (without permission of the other parent).

This can be an extremely expensive and time consuming process and the Court, as mentioned above, will terminate someone’s parental rights only after extreme circumstances are shown to be in place.

Occasionally a potential client will walk through the doors of the Law Office of Bryan Fagan, PLLC requesting that a judge terminate the parental rights of their child’s other parent.

This person will tell us that they don’t care if they ever receive a dime of child support and that they prefer, for peace of mind, to have the other parent’s rights to come into contact with the child be eradicated.

What is sometimes not considered by this well-meaning parent is that:

health insurance is also affected by a decision like this not only child support. In addition, just because a person’s current situation allows for them to provide for their child financially, does not mean that this will always be the case. Job loss, involuntary under-employment or worse yet illness for a child or the parent him or herself may lead that person to need the support from the other parent in the future.

Inheritance and the Child

For Texas families, termination of parental rights does not bar the child from inheriting money from the biological parent whose parental rights have been terminated unless the Court’s order says something to the contrary.

While this is true, for a parent whose rights have been terminated, their motivation to leave any money, property other assets to the child in question will be greatly diminished in most cases.

Involuntary Termination

Family Lawyer Houston: For an involuntary termination request, if a parent’s behavior is placing the child’s physical well being in danger sufficient that the risk to the child outweighs the risk that a single parent will not be able to sufficiently provide for the child then that may be cause for termination of parental rights.

In CPS cases where both parents are dangerous and their continued contact with the child is determined to be sufficient risk then termination of both parents’ parental rights is possible.

Adoption

These sorts of cases are very rare, thankfully. Last- if there is a step parent or other person waiting in the wings to adopt a child after the termination of one parent’s parental rights then involuntary termination of parental rights may be accomplished.

When considering options like the termination of a parent’s rights to a child, or if you yourself are considering attempting to relinquish your rights to a child, it is critical that you consult with an attorney before beginning that process.

The attorneys with the Law Office of Bryan Fagan, PLLC not only are effective advocates in the courtroom for clients but are patient and empathetic counselors who can best advise a person on what sort of decision is best for their situation. A consultation with one of our family law attorneys is always free of charge ... Continue Reading

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Child Support Enforcement Actions in Texas

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Divorce Attorneys Houston: It is the public policy of the State of Texas that both parents of a child should play an active and involved role in their upbringing. While parents may get divorced or separate permanently, a Court will ensure that the parent with whom the children do not live with on a day to day basis gets an opportunity to spend as much time as is possible with the children.

The other part of this arrangement is that this parent (known as a non-custodial parent) also is typically obligated to pay child support towards the upbringing of the child when he or she is not in their care.

This child support is calculated:

> as a percentage of a person’s take home pay > based on how many children he or she has

The more children a person must care for, the higher the percentage of their income that is taken for child support purposes.

What happens when a person, for lack of income or any other reason, fails to timely and fully pay their child support obligation and what can the other parent do to make sure that this is brought to a court’s attention?

Child Support Enforcement Lawsuit

If a parent who is owed child support begins to take note of the fact that the support payments are not coming regularly or contain only a fraction of the normal amounts of support that they ordinarily would there is a problem to be dealt with.

As the attorneys with the Law Office of Bryan Fagan, PLLC will tell clients and potential clients- it’s not as simple, however, as letting a police officer know that your former spouse has failed to pay his or her child support as ordered by a Court and to have that officer penalize the other parent in some way.

The parent to whom the money is owed must actively seek remedies from their Court in the form of an Enforcement suit.

What is a Motion for Enforcement?

A Motion for Enforcement of a prior order is a fairly straightforward document in terms of what it is asking for, but there are intricacies to consider in drafting the document.

Essentially this Petition:

> informs the court of any violations of its order > specifies the date(s) of said violations and > brings to the Court’s attention any other information that may be important for it to be aware of.

What goes into a Motion for Enforcement?

Houston Divorce Attorneys: Using our topic, missed child support payments, as an example, the requesting parent would need to draft a Petition that includes:

> the monthly amount of child support owed to them > the dates that the payments were missed and > a total amount that the other party is in arrearage to them

The enforcement petition must also:

> reference or quote (or preferably both) that section of the Court’s prior order that the other parent is in violation of. > Failure to do these things properly can be grounds to have the request denied by a Court so attention to detail is critical.

What Remedies are available through a Motion for Enforcement?

The remedy or relief that a person can request for failed child support payments varies. A Court can and should:

> order a party to pay any amounts owed in child support to the other parent. > The Court may take into consideration how much the owing spouse earns on a monthly basis and base a payment plan on the person’s monthly income.

It is important to keep in mind that the child support arrearage has an interest rate of six percent attached to it, so a Court must determine what monthly amount will allow the parent to pay the money back on top of what interest accumulates on top of that sum.

Other remedies that a Court has available to order are:

Liens - placing liens on the property and assets of the owing parent Licenses suspension - the loss of professional and recreational licenses until the child support is paid back. This ranges from a person’s Class C driver’s license to a license to operate a truck or other piece of machinery. Jail Time - in some instances, depending on the amount owed, the frequency of payments being received already and the reason(s) provided by the owing party for having failed to make payments in the past, jail-time is an allowable punishment from a court. If the party requesting the support be paid is requesting jail time, it must be limited to no more than 180 days of time (six months).

If you’re wondering how frequently a judge would order this kind of punishment, the author of this article can say that they’ve seen parents who have owed large amounts of child support ordered to go straight to jail or to register for deferred adjudication immediately after a hearing on the subject.

If the payment plan set forth by the Court is not followed by a person on probation, then jail time is sure to follow.

How Should You Proceed?

Divorce Attorneys in Houston: If you are owed back child support the best time to do something about it is early on after you are aware of the missed support payments.

Reason being that the longer you wait, the harder it can be track down the other parent and the harder it may be to have an income withholding order sent to any employer of the parent.

This order can ensure that payments are taken out of a person’s check automatically without any future action from either parent. An experienced family law attorney, such as those with the Law Office of Bryan Fagan, PLLC, are well equipped and experienced in handling child support enforcement actions as well as defending clients against them.

The best way to learn more about this subject, and to be able to ask questions about your particular situation and how a court may rule on it, is to contact the Law Office of Bryan Fagan, PLLC today in order to set up a time to consult with one of our attorneys.

Consultations are always free of charge and can go a long way towards determining what your rights are and what you can do to ensure that they are protected ... Continue Reading

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How to Divorce Your Spouse in Texas When Their Whereabouts are Unknown

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Houston Family Law Attorneys: Attempting to locate your spouse in order to divorce them wouldn’t at first thought seem to be that difficult but for some clients of the Law Office of Bryan Fagan, PLLC this is exactly what has had to be done.

Ironically, many spouses walk into our office to find out more about how to get a divorce in Texas because they see too much of their partner. In some instances though it is the opposite problem that is in place.

Folks will walk into our office, sit down and tell one of our attorneys that they haven’t seen their spouse for some extended period of time. When a relationship becomes more of a liability than a benefit to a person, the author of this article will tell them, it is probably time to consider removing yourself from that situation.

How can this be done without knowing where the other spouse is? The purpose of this blog is to provide the basic information a person in that situation would need in order to get the divorce that they are seeking.

First things First

First and foremost, the beginning stages of the divorce would proceed as they typically do. The filing party will:

draft and file an Original Petition for divorce pay the filing fees to the District Clerk and then attempt to serve the Petition on their spouse personally as in most divorce scenarios If, however, after diligent attempts at personal service the filing spouse is unsuccessful then other methods may be tried.

Citation by Publication

The most straightforward is to draft an affidavit of due diligence which tells the Court the dates, times and steps taken in order to serve their spouse personally.

If the Court agrees that every effort has been made to serve the person personally has been done, citation by publication is possible. The Texas Family Code under section 6.409 allows a party to serve their spouse by posting notice of the divorce on the courthouse door for a minimum of seven days.

Attorney Ad Litem

Houston Family Attorney: As will typically happen, no response from the missing spouse will be forthcoming at which time the Court will appoint someone called an attorney ad litem to the case.

This attorney’s job is to represent the interests of the missing spouse. This is done in situations where children are involved in the divorce and/or significant property interests are involved.

If neither of the aforementioned factors are present the filing party may submit another affidavit to the Court notifying them of this and the necessity of an ad litem attorney may be negated. This can save a great deal of time as the ad litem attorney would be charged with the task of going through their own steps of due diligence to locate the missing spouse.

An Attorney Ad Litem is an Additional Divorce Expense While no more effort would be required of the filing spouse, this step would require a not insignificant amount of time for the ad litem attorney to do a proper “investigation”. Also, this attorney ad litem will need to be paid for their efforts, the costs of which are usually ordered to be that of the filing spouse.

Fees for this ad litem attorney are frequently between $500.00 and $1,500.00 so if a filing party can avoid the appointment of an ad litem attorney that will save both time and money.

If the ad litem attorney cannot locate the filing party’s spouse, they will report that to the Court detailing the due diligence they exercised in attempting to locate him or her.

After the Attorney Ad Litem Makes their Report

If the Court accepts this statement from the ad litem attorney, and the other requirements for a Divorce in Texas are met, the Court will grant the divorce without the appearance of the missing spouse. This is called proceeding to trial on a default basis.

If the ad litem attorney does manage to locate the previously missing spouse then the Court will order that the spouse be served personally with the divorce papers at the address where he or she was located.

Once personal service is completed the case would proceed as any other divorce case where the necessity to serve the person by publication was not needed. If the other spouse agrees to all of the terms that the filing spouse sets out for the divorce it would be an uncontested divorce.

If not, a contested divorce would commence whereby the parties would need to settle on the issues outside of court (often in mediation) or they would go to court and have a judge play tie breaker on any issues that cannot be agreed on.

Marriage can be difficult enough as it is without having to consider the possibility of having a spouse that would leave the marital residence without telling anyone where he or she was going. At first glance this situation may seem ideal for the spouse interested in divorce but uninterested in confronting their soon to be ex-spouse directly on any issue.

Publication Divorces Can Take Longer and Be More Expensive

Divorce Attorney in Houston: However, the time and money invested in a case such as this tends to far outweigh that of a standard divorce where the location of the parties to a divorce are known to one another.

In the event that you need an attorney to consult with you on a divorce where you do not know where to locate your spouse, the attorneys with the Law Office of Bryan Fagan, PLLC offer free consultations and years of experience in handling cases such as these. When time and money are at stake, professionalism and experience matter more than ever. Please contact the Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC to learn more about our firm and how we can assist you and your family during your divorce ... Continue Reading

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What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited

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Family Lawyers Houston: A Texas divorce case will typically lead both sides to assume the worst of their soon to be ex-partner. I wish there was another way to state this but the truth of the matter is that for most married couples that are divorcing are doing so due to a dispute or disputes that have arisen that leave them unable to reconcile and repair the damage to their relationship.

With that said, prospective clients of the Law Office of Bryan Fagan, PLLC have on more than one occasion asked about what will happen if everything gets decided upon (either by agreement or by a judge) but the other party will not sign on the dotted line.

This is understandably a stressful concept for a soon to be divorcing person to have run through their mind. As with most things any Texas divorce lawyer will tell you there are specific circumstances that will impact what ultimately will occur. Let’s walk through those specifics to give you, the reader, a better idea of what can occur in a divorce case in Texas.

Default Divorce

For those spouses who truly do have a partner who isn’t the most responsible/observant/caring individual a default divorce is often the outcome. After the initial filing is completed in a Texas Divorce (called the Original Petition for Divorce), the filing spouse must give formal “notice” of the filing of the divorce paperwork.

Notice

This doesn’t just mean the filer taking the paperwork to their spouse and dropping it in their lap, however. Formal service means hiring a constable/sheriff/process server to deliver the paperwork as well as a citation to the other party to the divorce.

The Consequences of Not Filing an Answer

A citation is nothing more than the court’s semi-instructional document to this other party letting them know that the divorce has been filed and that they are being sued. The person is also made aware that they have to file a document called an “Answer” on or before 10:00 a.m. on the Monday following the expiration of twenty days from the day they were served with the divorce paperwork.

That sounds a little confusing but the deal is that if a party does not file an Answer by this deadline they are in “Default” and there are consequences to this. The filing spouse can then ask the Court for a default judgment against their spouse if an Answer is not filed within the requisite time period under Texas law.

Divorce Waiting Period

Before we go on, it’s necessary to point out that a filing spouse must still wait for sixty days to expire from the date of the filing in order to actually get the divorce finalized and approved by a judge.

Once the sixty days has expired, you may go to the Court (with a few pieces of paper which we will discuss in a moment) to which your case is assigned and show that your soon to be ex-spouse was served with:

> your Petition, > the Citation has been returned to the Court by the serving individual and has been on file for at least 10 days, no Answer was filed and finally that the requisite 60 days has passed.

If you can do all this your divorce will be granted with or without a signature on your final divorce document called a Final Decree of Divorce.

Divorce after a Trial

The next way to get a divorce in Texas without your spouse’s signature on a divorce decree is to go through with your case, have your spouse actually file an Answer, go to Trial and have a judge render a decision in the case settling all issues that are in dispute.

The judge will let the parties know that he needs to see an Order based on his judgments by a date certain- usually two to three weeks from the Trial date.

If you or your attorney draft a document that reflects what the Judge ordered after the Trial the Judge will sign your Decree and finalize the divorce- with or without your spouse’s signature.

Mediated Settlement Agreement

Divorce Houston: The final scenario that we will discuss in this blog post deals with a Mediated Settlement Agreement that the parties have entered into. This is the most likely way for a divorce case in Texas to end up- the parties agreeing to have an independent third party attorney mediate and help settle their disputes regarding their children, property and any other subjects that the parties are at odds over.

The beauty of this arrangement is that rather than arguing with the other side over the issues that are relevant, a mediator can help the parties reach some middle ground and settle their case sooner rather than later.

At the conclusion of a mediation, so long as a settlement is reached, the parties sign a document prepared by the mediator saying that they agree whatever is being outlined in the settlement agreement and that their agreement is non revocable and binding.

This means that one party can’t wake up the next morning and frantically call their attorney to let them know they’re experiencing buyer’s remorse on a particular subject. Signing a mediated settlement agreement means that both parties are entitled to a judgment from the court on the items included in the M.S.A.

This is especially important if one party refuses to sign a final decree of divorce that will be drafted by one party based on the M.S.A. Whatever their reasons may be, the party that does sign the decree will need to set a hearing to explain to the court what the situation is.

The party that refuses to sign the decree may attend the hearing if they choose and explain their unwillingness to sign. The judge will sign the Decree even if it lacks one party’s signature if he or she believes it conforms with what was agreed to in the M.S.A.

A divorce case, no matter how simple or straightforward it may appear at the outset, inevitably has some twists and turns that require experience and professionalism in handling them. The attorneys with the Law Office of Bryan Fagan, PLLC are ready and able to listen to your concerns and to help you navigate the waters of your particular situation. Please contact our office today with any questions you may have and a licensed attorney will be available to meet with you at your convenience ... Continue Reading

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Can I move to another city before filing for divorce?

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Family Lawyers in Houston: When spouses are going through difficult and trying times at home, it is often the instinct of at least one of the spouses to pack up their belongings and leave the marital residence.

Whether it is to control the level of vitriol directed at the other spouse or to seek some time apart to decide how to proceed with filing for a Texas divorce, it is not uncommon for folks to walk into the Law Office of Bryan Fagan, PLLC with questions regarding how best to situate oneself (literally) while preparing for a divorce.

As with most decisions to be made in a divorce, the best piece of advice that this writer believes can be given is to stop and think of the consequences of such a move. There are positives and negatives to moving out of your marital residence before or during a divorce.

Moving has a:

> financial side of the equation as well > as custody aspect for your children (if any)

Both aspects should be strongly considered before moving to a new house or town before or during the Texas divorce process.

Financial Aspects of Moving During a Divorce

Perhaps the most basic concern on the financial side of the ledger that a soon to be divorcing spouse must consider is what happens to your interest in the home if you move out. Texas is a community property state and what our law holds is that if the home was purchased during the marriage it is considered to be community property no matter what else occurs during the divorce.

You still will have a financial interest in the marital residence

This means that if you decide to move to another city or just down the street, your financial interest in the home is not destroyed. This is the case no matter if your name is on the deed to the home or if your income helped to pay for the down-payment or improvements made to the house.

You may still have to pay bills

Here is the downside for a spouse considering a move- if the spouse who was primarily responsible for paying the bills (utilities, mortgage, household bills like groceries) for a household decides to move out, it is likely that a court would put into place some “temporary orders” mandating that this spouse continue to pay the bills as they have been accustomed to do at least for the duration of the divorce process.

Yes- that means that this spouse will most likely be paying bills for the marital home AND bills for their new residence.

Divorces in Texas can be completed in as few as 60 days, but many tend to last three to four months in length. This is a factor to consider when deciding whether or not to move from the marital home no matter where it is a party desires to move next.

Consider your Children

Houston Family Law Lawyer: More important than the home itself to most divorcing spouses is what happens to the children and how much time are each parent allotted in terms of possession of the children.

If a spouse decides to leave the residence and leave their children behind with their husband or wife it is likely that a court would order that the spouse who remained with the children will have the right to determine the primary residence of the children.

Not only does this mean losing time with the children, but also paying money towards the support of the children as well.

Visitation

When considering whether to move to another city prior to a divorce it is important to consider what a court may order when it comes to a visitation schedule for the children. If a parent decides to move across town it may not be a huge issue as mobility over relatively short distances isn’t much to be concerned with in this day and age.

However, if a parent decides to move to an entirely different city (especially one that is more than 100 miles away from the marital home where the kids live primarily) a court has it within their power to order the moving parent only one weekend per month with their children due to the distance between the divorcing parents.

Finally- the sort of home a moving parent has the ability to purchase or lease can be taken into consideration by a court in regard to deciding a visitation schedule. If your new residence doesn’t have bedrooms for the children the situation at visit-time may at the very least be uncomfortable or at the most may be a barrier to extended periods of visitation.

Negotiations and Mediation

In general, if one spouse has to move from the house it is best to either enter into an agreement with the other spouse after the divorce has been filed. That way the attorneys involved can type that agreement into a court order and that order can be signed by a judge.

Getting agreements into a written form and then having a judge sign the newly drafted order means having an agreement that is enforceable by contempt. That means if the other party violates some provision (or two, or three, or…) the aggrieved spouse can take them to court for a hearing on those violations.

Usually the risk of being yelled at by a judge and also having to pay some penalties in the form of attorney’s fees keeps parties on their best behavior during a divorce.

The attorneys with the Law Office of Bryan Fagan, PLLC handle family law and divorce cases across southeast Texas. Please contact our office today to learn how our expertise and courtroom know how can benefit you during what is certain to be a difficult time in your and your family’s lives ... Continue Reading

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Texas Divorce and Airline Employee Child Custody Possession Order?

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Family Law Lawyer Houston: Certain professions such being an airline employee have unique custody situations. As discussed in a previous blog regarding firefighters the readers of our blog will know that in Texas there is a presumption that the Standard Possession Schedule is in the “best interest of the child.”

However, for many airline employees that schedule is not compatible for someone who has an airline employees’ work schedule. In today’s blog, we will tackle what rights an airline employee has in regard to child custody and visitation during a Texas Divorce.

Airline Employee Possession Schedules

If Parents Can Agree

The easiest solution is if parents can agree then just about any customized schedule can be worked out to accommodate the airline employee.

Texas Family Code §153.255 states that “the court may render an order for period of possession of a child that vary from the standard possession order based on the agreement of the parties.”

If the case is settled without mediation a judge may still overrule a parent’s schedule. One way to ensure that this does not happen is to settle the case in mediation.

I have listed a suggested airline employee schedule from the Advanced Family Law Conference further down.

If Parent’s Can Not Agree

However, if parents are unable to agree then the case will need to go to court and a Judge will dictate the terms of possession. As mentioned earlier it will be necessary to establish that a Standard Possession Order is not in the best interest of the child. This is something courts are reluctant to do.

However, there are avenues in the family law for making just such an argument. Under the family code:

Texas Family Code §153.002 provides: “The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” Texas Family Code §153.001 provides: “(a) 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;” The Texas Family Code §153.251(b) elaborates on the policy of Texas to “encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child.” Texas Family Code §153.253 provides: “The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate.”

Airline Employee Schedule

(c) Variable Schedule

Houston Family Law Lawyers: The Court finds that FATHER is currently employed as an airline pilot with ______________ Airlines and, due to his work and flight schedule, he is currently unable to exercise predictable periods of possession occurring on the same days of each month. The Court finds that FATHER receives his work and flight schedule on or about the same day of each month and that the schedule sets out the hours FATHER is to work the following month.

IT IS ORDERED that within 48 hours of receiving his monthly work schedule from his employer, FATHER shall provide a true and correct copy of his schedule to MOTHER by hand-delivery or by facsimile, and shall designate his periods of possession in accordance with this order, by using the form attached to this order as Exhibit A. Upon receipt of FATHER’s schedule and designation of periods of possession, MOTHER shall promptly notify FATHER of any conflict in scheduling and both parties shall work together to resolve any such conflict. In the event FATHER agrees to modify his designation of a period of possession in response to MOTHER’s notification, FATHER shall have the right to possession of the child during the alternate periods of possession he agrees to take.

Except as otherwise explicitly provided in this Possession Order, FATHER shall have the right to possession of the child as follows:

Weekends Two weekends of his choice each month, beginning at [select one: 6:00 P.M./the time the child’s school is regularly dismissed/or specify other time elected between school dismissal and 6:00 P.M.], on Friday and ending at [select one: 6:00 P.M. on the following Sunday/the time the child’s school resumes after the weekend].

Weekend Possession Extended by a Holiday Except as otherwise explicitly provided in this Possession Order, if a weekend period of possession by FATHER begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at [select one: 6:00 P.M./the time the child’s school is regularly dismissed/or specify other time elected between school dismissal and 6:00 P.M.] on the Thursday immediately preceding the Friday holiday or school holiday or end [select one: at 6:00 P.M. on that Monday holiday or school holiday/at 6:00 P.M. on that Monday holiday or at the time school resumes after that school holiday], as applicable.

Weekdays One weekday of his choice (excluding Fridays) each week during the regular school term, beginning at [select one: 6:00 P.M./the time the child’s school is regularly dismissed/or specify other time elected between school dismissal and 6:00 P.M.] and ending at [select one: 8:00 P.M./the time the child’s school resumes the following day].

[OPTIONAL]

Family Law Attorneys Houston: IT IS ORDERED that the preceding Possession Order shall apply until such time as FATHER is no longer employed as an airline pilot. In the event FATHER is no longer employed as an airline pilot, IT IS ORDERED that the conservators shall have the right to possession of the child as follows ... Continue Reading

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The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce

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The Woodlands Divorce Attorney: Unfortunately, some spouses do not feel an obligation to support their children after a divorce. I have heard all kinds of excuses from “I shouldn’t have to pay because I have a car note” to “I already behind on my child support on another child.”

These deadbeat parents often come up with creative plans on avoiding child support. I sometimes hear if you try and get child support then “I am going to go for full custody” or “I am going to fight for 50/50 time so I don’t have to pay child support.” All of the above are flawed ideas on how Texas family law works that I have addressed in other articles.

In today’s blog article I am going to discuss a strategy that sometimes employed. Quitting a job or changing your job to reduce child support obligations. This can be an effective dirty trick during a Texas divorce or child support case. A trick a Texas divorce lawyer can help you avoid.

A Low Paying Job or No Job Does Not Automatically Mean Less Child Support

The premise behind a parent intentionally under employing their self or quitting their job is that because Texas calculates child support based on income if they are making less then they will pay less in child support. After child support is set then they can get a better job making more money.

I believe in most cases parents do not lose their jobs on purpose. However, I have had cases where a parent consciously chose to intentionally be unemployed because they were likely to be ordered to pay child support.

Quitting a job can be an incredibly bad move by a paying parent if there is a child support order in place. A parent’s child support obligation continues as long as an order is in place requiring the parent to pay child support. A parent may seek to modify a child support order based upon the loss of a job and the court may order the cessation of child support retroactive to the date the petition seeking to modify child support was filed by the obligor.

However, a child support modification is not something that happens automatically. The attorney general can be incredibly slow to move on a case like this. I have had potential clients meet with me who had been trying to get the attorney general to do something for 5 years. A family law attorney is a quicker option but once you have quit your job they are more difficult to pay.

Intentional Underemployment

In most cases a Texas family law court will use a parent’s actual income in order to calculate Texas child support. However, the Texas Family Code 154.066 covers Intentional Unemployment Or Underemployment.

(a) If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

Iliff v. Iliff, No. 09-753 (Tex. April 15, 2011)

Kingwood Divorce Attorney: Prior to this case there was a split among the courts of appeal on how much proof was required before applying 154.066.

In this case the Texas Supreme Court looked at the language of the statute, which states if the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

The Texas Supreme Court Determined that:

> The language of Texas Family Code section 154.066 does not require such proof

> That intent to avoid child support need not be proven for the trial court to apply the child support guidelines to earning potential instead of actual earnings

> However, a trial court may properly consider an obligor's intent to avoid child support as a factor, along with other relevant facts, in an intentional unemployment or underemployment analysis

The Texas Supreme Court’s interpretation of the statute allows a determining court the option to respond if a parent tries to employ a dirty trick to lower their child support. The court reminded the courts to keep “the best interest of the child” in mind when making its determination.

If you believe your ex is trying to manipulating their income intentionally, be sure to contact an attorney ... Continue Reading

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Know Your Finances, When Preparing for Your Texas Divorce

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Spring TX Divorce Lawyer: We have observed that is common for there to be a division of labor in relationships in the Texas divorce cases we have handled. This means that there often a spouse in the marriage who has a more complete financial picture of the marriage than the other spouse. Unfortunately, this often means that only one spouse knows what all theassets anddebts of the marriage are.

In this blog article, we will discuss how one of the most important steps you can take when preparing for a Texas divorce is start gathering financial information.

What Financial Information Should You Obtain Prior to a Divorce? It is not uncommon for me to be asked during a divorce consult what can be done to prepare for a divorce. I am also happy to explain things that can be done to prepare. One of the things I encourage consults to do is start gathering as much financial information ask they can when they can. The list includes but is not limited to:

> Bank statements > Checking account information > Savings account information > Retirement account statements > 401(k) statements > Pension information > Loan information > Mortgages > Credit card statements > Deeds > Property taxes > Tax Returns > Paystubs for both parties > And any other financial information that may be relevant

What if I do not have access to any financial information?

If your spouse is the only one with access to the necessary information, that is ok. This is not uncommon your Houston divorce lawyer will be able to help obtain the information later. We encourage you to get the information if possible because this normally cost effective and quicker.

However, the information can be obtained through a variety of methods including:

> Deeds can be obtained from the county clerk’s office > Tax returns from the IRS > Credit Card information, Bank Information and Mortgage Information can all be obtained directly from financial institution > Running a credit report can also be a good source of information > From your spouse through their cooperation or through legal discovery

Create a Budget

Divorce Lawyer in Spring TX: It is a good idea to start working on a budget. Once you are divorced generally financial income will be more limited so it is a good idea to start preparing to live only on your individual income.

Some things to consider in your budget include:

> Will you be receiving child support? > Paying child support > Can you afford the house? > Can you afford your car? > Are there other items or expenses you may need to get rid of?

Start saving for your divorce

It also a good idea to start saving for your divorce as much as possible. When the divorce starts, there are generally not any orders in place saying what you can and cannot do. This can be problematic if you and your spouse are not cooperating and you do not have any access to money.

If you can have at least 3 months of expense money or more set aside this can help you get through the early part of the divorce until there can be hearing in front of a judge for Temporary Orders if needed.

Somethings you can do to help prepare for divorce in regards to saving include:

> Opening a separate bank account that only you have access > Take half or more of the money out of any joint bank accounts (you may want to be careful on timing this one you probably will only get to this once) > Open credit cards in just your name. This can help establish your credit if you do not have any as well as provide you with emergency money should you need it. > Take half or more of any Tax refunds from any jointly filed tax returns

Consider Closing or Removing Spouse from any Joint Credit Cards

If your spouse is a signatory to any of your credit cards is often a good idea to remove them. On more than one of my cases a spouse has maxed out credit cards. If your spouse is only the signatory and not jointly responsible for the debt this can leave you holding the bag to the credit card company.

This can often be even out during the divorce but can be problematic while the divorce is ongoing. If you are concerned that your spouse may use your financial information to obtain money using your name it would be a good idea to join a credit monitory company.

Get a Post Office BOX

Many of my clients have opened post office boxes to receive mail. This is very helpful you are still living in the same house as your spouse. You would not be the first spouse I have represented whose ex has diverted or intercepted their mail.

Having another location to receive mail can help protect your confidentiality, privacy, and avoid inconvenience of not receiving your mail.

Remember before the Divorce is Filed there are No Court Orders

Spring Divorce Lawyers: During the planning stages of a Texas divorce there are no court orders from keeping you or your spouse on how you handle financial matters or what changes you can make regarding:

> Your will > Beneficiaries on any financial accounts or life insurance policies > Financial accounts etc.

It is a good to think through things carefully and plan accordingly ... Continue Reading

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How Parental Incarceration Affects a Texas Child Support Case?

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Divorce Lawyer in Houston: Recently I had a consult with a man who was in my office who was having problems with a child support. His story was not that different from many who have come to see me. He had missed so many payments that not only did he who owe current child support he owed a lot of back child support. It was so bad that half of his paycheck was going to child support.

The one difference in his story was that the reason he was so far behind in child support was that he had been incarnated for 8 years. Being incarcerated change many aspects of his life. One aspect that did not automatically change was his child support. What he owed continued to accumulate. In this article, we will discuss:

How incarnation affects the paying parent?

How being incarnated affects the receiving parent? How does incarceration affect the paying parent? Some parents assume that child support automatically stops when they are in jail or prison. However, that is not the case. Something I tell parents who hire or consult with us is that the Order is the Order until a Judge signs a new Order.

This means until an order a parent petitions to modify the existing child support order, the parent will continue to be liable for the monthly amount due to child support. This is also why the man who consulted me was so far behind in child support when he came to see me. He had never done anything to try and change his current Order.

What can a paying parent do regarding child support once they are incarnated?

One thing you can do is file an Incarcerated Noncustodial Parent Affidavit of Income/Assets for a change in the court where the child support obligation was established. This brings the incarnated parents situation to the attention of the Texas Office of the Attorney General.

The Attorney General does not have the power to unilaterally modify a child support order. This power still rests with the Judge who made your current order. By filing this document the attorney general attorney general can file the necessary paperwork with the court. The Judge can decide whether to modify child support.

Child Support Order Modification

A faster way to get things done is if the incarcerated individual, family member, or friend hires a private attorney to file the necessary documents with the court and to request a modification of the child support. The other parent will also have the opportunity to present their own case to the court.

To obtain modification of an existing child support order, an incarcerated parent must file the proper request with the appropriate Texas court. A Texas family law attorney help an incarcerated individuals seek to a modification of the current child support order. When these types of hearings occur, the custodial parent frequently appears to contest modification of the existing order.

It is not uncommon for a Judge to stop child while a parent is incarcerated one reason is that they do not have a job that allows them to pay child support and their situation is already bad no reason to make it worse. Normally the lack of a job is not enough to stop child support. Generally, a court will construe a person as having a job at least making minimum wage. One exception is incarnation under Section 154.068 of the Texas Family Code.

Texas Family Code 154.068. WAGE AND SALARY PRESUMPTION

Houston Divorce Lawyer: (a) In the absence of evidence of a party's resources, as defined by Section 154.062(b), the court shall presume that the party has income equal to the federal minimum wage for a 40-hour week to which the support guidelines may be applied.

(b) The presumption required by Subsection (a) does not apply if the court finds that the party is subject to an order of confinement that exceeds 90 days and is incarcerated in a local, state, or federal jail or prison at the time the court makes the determination regarding the party's income.

Part b that makes the presumption inapplicable to paying parents who are confined for over 90 days was recently passed in 2015.

How does being incarcerated affect the recipient parent?

If you are the parent who is receiving child support and are incarcerated and you do not contact the OAG, payments will continue to be sent through the payment method you selected:

Direct deposit to a bank account or debit card, or Mail to the address previously provided. The OAG will continue to send your child support payments to you unless a court order redirects them to another person. For example, the court may order that payments go to the person with physical custody of your children while you are incarcerated.

While in prison can I redirect my child support payments?

If you are the parent who is receiving child support, you may have the Texas child support payments sent to the person who is taking care of your child while you are incarcerated. You will need to:

Complete an Authorization for Release of Information and Payment Return it to the OAG Include the name of the person who is to receive the payments. to have the payments sent to another person

Incarnation is a reason to seek a Change to your Child Support Order

Under Texas Family Code Section 156.409:

(a) The court shall, on the motion of a party or a person having physical possession of the child, modify an order providing for the support of the child to provide that the person having physical possession of the child for at least six months shall have the right to receive and give receipt for payments of support for the child and to hold or disburse money for the benefit of the child if the sole managing conservator of the child or the joint managing conservator who has the exclusive right to determine the primary residence of the child has:

voluntarily relinquished the primary care and possession of the child; been incarcerated or sentenced to be incarcerated for at least 90 days; or relinquished the primary care and possession of the child in a proceeding under Title 3 or Chapter 262.

Person in Possession of Children Can also Get Unpaid Support

If the court modifies a support order under this section, the court shall order the obligor to pay the person or entity having physical possession of the child any unpaid child support that is not subject to offset or reimbursement under Section 157.008 and that accrues after the date the sole or joint managing conservator:

(1) relinquishes possession and control of the child, whether voluntarily or in a proceeding under Title 3 or Chapter 262; or

(2) is incarcerated.

(a-2) This section does not affect the ability of the court to render a temporary order for the payment of child support that is in the best interest of the child.

(a-3) An order under this section that modifies a support order because of the incarceration of the sole or joint managing conservator of a child must provide that on the conservator’s release from incarceration the conservator may file an affidavit with the court stating that the conservator has been released from incarceration, that there has not been a modification of the conservatorship of the child during the incarceration, and that the conservator has resumed physical possession of the child. A copy of the affidavit shall be delivered to the obligor and any other party, including the Title IV-D agency if appropriate. On receipt of the affidavit, the court on its own motion shall order the obligor to make support payments to the conservator.

(b) Notice of a motion for modification under this section may be served in the manner for serving a notice under Section 157.065.

Child support obligor's release from prison

Spring Divorce Lawyer: Under Section 156.401(d) of the Texas Family code "The release of a child support obligor from incarceration is a material and substantial change in circumstances for purposes of modifying child support if the obligor's child support obligation was abated, reduced or suspended during the period of the obligor's incarceration."

This means the person who should be receivingchild support could ask the court to start or reevaluatechild support if the parent who should be paying is no longer incarcerated ... Continue Reading

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Be Careful or Computers and Social Media May Destroy Your Texas Divorce Case

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Family Law Attorney Houston: Social media, computers, and cell phones have become very prominent in Texas divorce cases. This is largely because they are a great source of evidence. It is not uncommon for potential divorce consult to show up with large stacks papers they have printed of conversations they have had with their spouse via:

> Text messages or > Things posted on Facebook

This might tempt you to delete, destroy, or edit some electronic conversations you have had. This would be a very bad idea and some cases may even be harmful. In today’s blog post we discuss somethings you should be aware of if you are contemplating a divorce or currently going through a divorce.

Cell Phones

Text messages are one of the most common forms of electronic evidence in Texas divorce cases. It is quite common for spouses to send each other text messages when they are upset with each other. Often the person sending the message has not thought out what they are saying or thinking about how what they say would look to a judge. Often the things said in these messages can be embarrassing as well as damaging to the person’s case if it was ever entered as evidence.

Therefor be very careful when texting your spouse. If you do not want a judge or a jury to see what you have written, do not write it. Be careful where you leave your phone especially if you have not locked it with a password. It is probably a good idea to change your password if you have one to something you have not used previously not only on your cell phone but on all electronic devices you use.

Cell phone records can be a great source of information to establish a relationship between your spouse and someone else. If you look at your cell phone statement you can see who your spouse frequently calls or texts. This person may be listed under someone else’s name in the phone itself maybe of the opposite gender.

If you see a number that your spouse calls frequently on the phone statement, then you can try and look the number up on the internet through a reverse phone directory. Be careful using your phone if you plan to call these numbers:

> May alert the other person that you may on to them > You may not want to have your phone linked to that place or person called

This may be avoidable by using a prepaid phone dedicated to this type of investigative activity.

GPS location services can also be a great source of information. This something you will want to be very careful on using because it can be easy to cross criminal lines. It is best to avoid anything that could be questionable. For, example:

> if your spouse has their own phone plan or has taken measure to keep you from seeing their activity on a shared plan do not break into their device. > Do not place recording devices or apps on their phone

Houston Divorce Lawyers: You can in Texas record conversations that are actually a participant. Something to be aware of is that your phone records your GPS location. It would be a good idea to learn how to deactivate this tracking. You can find this out by calling your provider or stopping by one of their stores.

Computers and Email

Emails are the second most frequently used source of electronic evidence that I see in divorce cases. Email is often more thought out than text messages it is still often a goldmine of damaging information.

As with other types of electronic communications you need to be careful on how you obtain it in order to avoid criminal prosecution. There can Federal and State laws that you can easily cross. It is best to avoid taking any actions that could be considered questionable. Do not:

> Intercept your spouse’s emails > Hack their email account

You should be careful to protect your own email communications and be careful what websites you visit. Erasing things on a computer does not necessarily mean they are gone. It is possibly they may be recoverable by a computer tech.

There are all kinds of computer programs that can track everything you have done or visited on a computer. You may not even be aware that it is taking place or installed. It is best not to use any shared computers, phones, or other electronic devices with your spouse.

Social Media

One of the newer forms of electronic evidence is social media. This has been a goldmine of prejudicial evidence. Facebook has been a great source of finding damaging photos of:

> Drug Use > Gang affiliation > Child abuse > Girlfriends or boyfriends etc.

Facebook is also helpful of finding out locations and dates for these activities. A helpful suggestion regarding the use of Facebook during a Texas Divorce would be:

> Do not make harmful statements > Take or post any questionable photos > Do not make your social media accounts open to the public > Adjust your privacy settings and remove “friends” you do not want to see your postings > Even better avoid using social media all together while the divorce is ongoing

Dating Sights

Divorce Attorney Houston: Just because your separated does not mean it is not adultery. That said it might be good to check dating sites to see if your spouse has any accounts set up. This has been one way several of my clients have found out whether or not their spouse was on such sites ... Continue Reading

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What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them?

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Divorce Lawyer Houston: Unless you and your spouse have resolved all issues in a divorce, your divorce will more than likely be considered "contested". This doesn't mean that there is going to be a full-on assault to you, your sensibilities and your bank account, but that isn't necessarily ruled out either.

The Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC represent people in all sorts of divorce cases in Texas, including contested divorces. What are the steps of a contested divorce, and how can I prepare for them? Read on to learn more about contested divorces in the State of Texas.

Contested Divorce Steps

Filing an Original Petition for Divorce and specifying your reasons for asking for a divorce, the relief you're requesting from the court and specifying any temporary orders that you need from the court is the first step.

The court will receive the documents, submit them to the court for a judge's signatures (if you've requested a temporary restraining order) and prepare any additional papers to be served on your spouse. A citation tells the receiving party the details of what's been filed and what is expected of them in terms of filing a response.

Another document that often accompanies the Original Petition is a precept. A precept is a type of legal notice provided by the court if a hearing is set and a judge is ordering you to appear at a certain time and place in order to attend.

Service

A process server, constable or other law enforcement member can retrieve the documents from the court in order to serve your spouse at whatever location you request. Once your spouse has the Petition, the law in Texas is that they have until the first Monday at 10:00 a.m. after the expiration of twenty days in which to file an Answer to your Petition. An answer typically includes a general denial of the allegations presented in the Petition.

If your spouse has any independent claims to assert against you they may do so in a document called a counterpetition. A contested divorce typically means that your spouse will also hire a Texas Divorce attorney. This can be a good thing, in that attorneys can remove a lot of the emotional aspects of the decision making that can be inherent in a divorce and can help clients to make more objective decisions about their lives and that of their children.

Temporary Orders

Houston Family Lawyer: A temporary orders hearing is typically the first major event of a contested divorce. These hearings are thought of a mini-trials, in that evidence is presented, witnesses are called to testify and a judge issues decisions on issues ranging from child custody to child support.

Temporary orders are intended to help maintain the status quo for the family so that bills continue to be paid, children are able to see and spend time with both parents and other issues of immediate importance are dealt with by the court. Preparation for this event is crucial. Attorneys and clients spend time honing questions and anticipating the strengths and weaknesses of the opposing party.

Negotiation

Even in a contested divorce, there are elements of negotiation and compromise that are apparent. In most divorces, the case will come to an end during a process called mediation. Mediation as a concept is pretty straightforward, the two sides pick an attorney (who is independent and has no relation to either side) who assists the parties in settling the case on all outstanding issues.

The sides will meet at the mediator's office where they remain in separate rooms for a pre-determined length of time (typically three to four hours) and the mediator will walk back and forth between the sides to help facilitate conversation and hopefully agreement. Clients can be skeptical heading into mediation, but their typical reaction upon leaving is that they are happy to have entered into the process.

Mediators typically will help both sides see their strengths and weaknesses heading into a trial. The end result often is that both sides see the benefit to not having a judge make a final say, but rather engaging with the other side on a settlement that suits all parties better than a court mandated order.

Trial

Houston Divorce Attorney: The last stage of a contested divorce, if settlement has not occurred, is a trial. A trial is the culmination of weeks (maybe even years) of time spent on a Texas divorce case. Evidence is presented, arguments are made and a judgment is rendered by the Court as to the issues that the parties were not able to settle on. If your case makes it to this point, it is among a statistical minority of those cases that do not settle at some earlier point.

It is this author's opinion that it is typically best to settle your case outside of court rather than leaving it up to a judge to make a decision. This is due to the fact that a judge will only have an opportunity to get an idea about the case based on a relatively short trial where perhaps not even all of the evidence can or will be presented. It is typically tough to gauge how a judge will rule in cases where the facts don't necessarily favor either party by a dramatic margin.

In a contested divorce, having experienced representation is crucial to your success. The attorneys with the Law Office of Bryan Fagan, PLLC are able to assist you with your divorce case. Please contact our office today in order to learn more about our services and how we stand ready to help you and your family ... Continue Reading

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The relationship between Valentine's Day and Divorce

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Houston Family Lawyers: New Year's Day causes people to make resolutions about losing weight. Tax Day causes people to tell themselves that next year they won't wait until the last minute to complete their taxes. Last minute Christmas gift shopping encourages people to plan ahead and buy gifts throughout the year rather than on the few, busy days before the holiday itself. A lesser known holiday that brings about vows to change is Valentine's Day. For a day that at first glance is thought to be one of candy and cards, issues in relationships can come to a head on the 14th of February.

The reason for this appears to be that people in troubled marriages take stock of the relationship and use Valentine's Day as a day to make a break if they feel things are irreparable. The same people that made New Year's Resolutions to finally file for divorce often delay the act of filing for divorce until Valentine's Day where one last ditch effort to salvage the marriage falls short.

In addition to divorces on Valentine's Day, People that get married on Valetine's Day tend to find divorce occurring sooner than parties that get married on other days. Researchers have looked into this phenomenon and have concluded the main reasons for this are that people that married on 2/14 are more likely to already have kids in tow and are more likely to have been married before as well.

If you are considering filing for divorce this week, the most basic advice that the Law Office of Bryan Fagan, PLLC can provide is to talk with more than just one lawyer's office. The reason being is that your divorce is not a contract dispute or a personal injury claim. It is a deeply personal situation that relates to your family, your children and your money. Trusting the person that will be representing you is incredibly important and is not something you can arrive at without really considering your options.

Houston Divorce: The attorneys with the Law Office of Bryan Fagan, PLLC are ready and well equipped to represent you if this Valentine's Day is a day of decision making when it comes to your marriage. Please contact our office today to learn more about how we can help you resolve your divorce in an efficient, and relatively painless manner ... Continue Reading

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How a Parenting Class Can Help Me and My Ex-spouse Co-parent in Texas?

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Divorce Lawyers in Houston: In Texas, when parents get divorced their court may require them to take a co-parenting course prior to the finalization of their case. This is due in so small part because the conflict between parents is typically higher during the divorce and separation than it is in the subsequent years post-divorce. In what ways, then, can a parenting class help divorcing spouses bridge the gap between being married and divorced parents.

Why do courts require co-parenting classes?

For starters, the children involved in the divorce will typically do best when their parents manage to get along and parent together as a unit rather than as separate entities with their own goals. More so than the actual divorce itself, it is the aforementioned conflict between the parents that most adversely affect the children.

The focus of the course is especially important. A simple Google search can reveal the courses that Harris and other southeast Texas counties recommend utilizing. These courses all emphasize both child and adult adjustment to post-divorce life as it will be a transition period for everyone involved. Co-parenting is typically the biggest piece of the course subject matter. Improving communication between the parents (and children) in my opinion the most relevant and important skill that a divorcing parent can learn from a co-parenting course.

What Must Be Covered in a Court Ordered Parenting Class In Texas?

Pursuant to Texas Family Code Section 105.009, the course must cover the following issues:

> the emotional effects of divorce on parents; > the emotional and behavioral reactions to divorce by young children and adolescents; > parenting issues relating to the concerns and needs of children at different development stages; > stress indicators in young children and adolescents; > conflict management; > family stabilization through the development of a co-parenting relationship; > the financial responsibilities of parenting; > family violence, spousal abuse, and child abuse and neglect; and > the availability of community services and resources.

Other Benefits of Co-Parenting Courses

Houston Family Law Attorney: Also of value is coursework that allows parents to see the divorce from the perspective of their children based on their ages. Teenagers may be able to comprehend the issues at hand better than younger children due to advanced levels of maturity, while younger children may need parents to show through physical attention to the child that their lives may be changing but neither parent is going anywhere.

Parents stand to benefit in their own ways as well. Co-parenting courses can help the adults adapt to both separation as well as post-divorce life by offering coping mechanisms and techniques to help their children. Also, by participating in these courses parents can use the time to think through their own feelings and emotions in regard to the divorce process. Even if both parents are in favor of the divorce that doesn't necessarily mean that emotional scarring will not occur.

Last, co-parenting courses will typically go over the basics of the divorce from a legal context. Parenting plans, child and spousal support are common topics.

The attorneys with the Law Office of Bryan Fagan, PLLC are equipped to help you and your family manage a divorce. Please contact our office today to learn more about our office and attorneys ... Continue Reading

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When Should You Go to Divorce Court in Texas?

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Family Attorney Houston: Most of the clients I represent would prefer to settle their cases outside of court. However, sometimes my clients or their spouses are insistent on going to court and having a judge hear and decide their case.

I believe they have a romantic idea that going to court will be like in the movies. This is until they get there and see that the court room is packed. There are Lawyers in the front of the room, waiting for the day to start and the judge to arrive.

Some lawyers are stressed, some look bored, others relaxed. Behind the wooden gate are the spouses packed into wooden benches who are often confused on what happens next. They wonder how long is this going to take and few if anyone is happy.

The reason they and everyone there is to get divorced. Or is it?

Why do Spouses go to Texas Divorce Court?

Everyone who comes to see me tells me how agreeable and easy their Texas divorce is going to be. If that were true we could be in and out of the court room quickly. Once in front of a judge it normally takes 5 minutes or less to prove up an agreed divorce.

Statistically 90% of all divorce cases settle. However, most Texas divorce cases are not uncontested right from the start despite what all my consults tell me. I usually tell my consults a couple things:

> I will let them know if their divorce case is uncontested after its over and > I can get them divorced as fast as the slowest person in the relationship

Usually after I tell them this there is usually a pause. I believe the pause has to do with it clicking in their heads that it does not matter how agreeable they personally are if their spouse is not agreed then their case is not an agreed divorce.

Usually when people come to see me it is not because they are getting along well enough with their spouse to:

> amicably divide up all their property and > decide how they will co-parent their children

If that were the case they might not be getting a divorce in the first place. What many people do not realize is that a Texas divorce is more involved than just ending a marriage. It is really 3 lawsuits all at the same time:

> Ending the marriage > Dividing up the property and debts and > Placing orders in place regarding the children

Usually when people go to divorce court it is more involved than just ending their marriage. One of the worst reasons to go to court is because someone wants to fight. Someone is angry and upset and wants to punish their spouse. Which interns causes their spouse to be angry and upset and want to fight as well.

Some people want to go to court so they can tell the judge their story. They expect justice.

However, these people do not realize even if they do go to court, they will never be able to tell the judge their story. The Judge is not interested in their story. The judge is interested in only certain facts so the judge can make a ruling and get them out of the courtroom.

You Should do a Cost Benefit Analysis before looking for Justice in the Courtroom

Divorce Lawyers Houston: When I hear, potential clients talk about how they want justice or that it is for the principle of the matter. Justice is not necessarily what everyone thinks it is.

It makes me think about the lyrics from the musical “Jesus Christ Super Star” when Pontius Pilate says “What is truth? Is truth unchanging law? We both have truths. Are mine the same as Yours?”

When something does not go a person’s way in court you will hear that person talk about how “they got shafted and the judge is corrupt.” These people say they want what is fair however in their minds they believe fairness means that the Judge will side with them.

However, fairness does not necessarily mean the Judge will side with you. Through the Texas divorce process you and your spouse will be encouraged to try and resolve the case outside of court. However, if you are not everyone is able to do this.

There is a legal procedure that is in place to resolve cases in which spouses are unable to agree. That procedure is to go to court and be heard by the Judge. The judge’s job to do what you think is fair. It’s the judge’s job is to decide to be the tie breaker.

The Judge has a lot of discretion to make decisions. However, there are also laws put in place by our legislature that guide these decisions. It is a judge’s job to follow these laws. Sometimes my clients get upset and do not like the laws a judge must follow.

An example of this would-be child support. In Texas, there are guideline child support laws that a Judge must follow. I tell my clients if this case goes to court a Judge is going to follow the guideline child support laws unless we can explain why it is in the best interest of your child that we deviate from guideline child support.

However, outside of court if we can reach an agreement there are things we can do to make sure we can push your agreement through the court.

Manage your Expectations of what Justice Looks Like

Everyone is the hero of their own story. I believe most Judges try and apply the law to the facts they hear in the courtroom and make a decision that is reasonable. However, if you insist on getting your Justice from a Judge it may not be what you want or expect.

It may not be what you spouse wants or expects either. You both may both may be walking away with a decision that you are far unhappier with than if you could have resolved the case outside of court.

You and your spouse are also looking the case with different lenses. An example of this could be that one spouse has been a stay at home parent and looking at the divorce wondering how they are going to now support themselves. The other spouse is looking at it from the lenses that all the money that has been earned has been by their efforts.

In many of my cases those two perspectives clash and result in a fight. For the stay at home spouse they often think that Justice does not provide them enough after the divorce. For the other spouse, they often believe that Justice provides the stay at home spouse too much. When you add the perspective of the Judge to the mix you can see the court system is a mixture of many ideas about justice.

Where to get Justice for Your Divorce Case?

Family Lawyer Houston: As you can see from above the outcome of your case when going to court involves some uncertainty. If going to court means you might not get what you want then why got to divorce court at all?

There ae two good reasons for going to divorce court in Texas which are:

> To prove up an agreed divorce or > If you are unable to reach an agreement with your spouse because they are being difficult or unreasonable

Generally, it is better if you can resolve divorce issues in mediation and through negotiation. This is because you and your spouse will craft how your lives will look after the divorce not depend on the judge. Their will certainty rather than uncertainty in the outcome ... Continue Reading

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Explaining the Contested Divorce Process in Texas

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Divorce Attorneys Houston: No two divorces are exactly similar. In that way, they are like snowflakes. Unpleasant, frustrating and time consuming snowflakes. Make no mistake, divorces are difficult for both spouses and if there are children involved the process becomes even more difficult.

While it is not guaranteed that a divorce will be a contentious ordeal it is possible. The attorneys with the Law Office of Bryan Fagan are equipped to handle a divorce case no matter the facts or circumstances.

The First Mile Stone - Mediation

Often one of the most memorable milestones in a contested divorce case is mediation. Mediation is where both parties and their divorce attorneys visit with an independent attorney (someone who has no relation to either party) with the intent to negotiate and settle on temporary orders.

Whether or not mediation is successful depends on the issues that are being discussed as well as the level of preparation that is undertaken. At the outset of the case, issues ranging from visitation, possession and access to the kids to who will be responsible for paying the household bills are fair game for discussion.

An important aspect of mediating a case is for both sides to become comfortable with taking the middle road rather than being unwilling to accept a result that is anything less than their ideal result.

The importance of negotiation and approaching a situation from the opposing party's vantage point is crucial. Mediation can often result in the parties achieving an outcome that is more agreeable to both sides than what can be achieved in a courtroom. What's more- it saves time and money to mediate a case rather than prolong the issues by going to court.

The Second Mile Stone – Temporary Orders Hearing

Unfortunately, not all meditations are successful and if the parties' issues cannot be resolved between themselves it can become necessary to have a judge play tie breaker. A Temporary Orders hearing is essentially a mini trial where evidence is presented through testimony and documents.

Time is of the essence in a temporary orders hearing with both sides typically being limited to less than an hour to put forth their case. The divorce attorneys with the Law Office of Bryan Fagan, PLLC would recommend avoiding having to attend a temporary orders hearing unless the situation absolutely requires it.

For one, a judge is typically not in a position to be able to render a decision that will be agreeable to both sides. The court will follow the law in most situations and in so doing the result can be inflexible and frustrating for the parties involved. Even if a party and their lawyer believe themselves to have facts that are "good", that doesn't always amount to a positive outcome from a temporary orders hearing.

Also, a temporary orders hearing, while relatively short in duration, means a great deal of preparation time for the divorce attorney. Preparation time equals money in this instance.

Divorce Discovery

Houston Divorce Attorneys: Additionally, a contested divorce means being prepared to interact on a frequent basis with your attorney. For example, in a divorce case where the parties own significant property or have financial interests that are extensive it is likely that discovery will be conducted.

Discovery is a general term given to questions that the opposing party can ask you as well as documents they can request that you produce. The purpose is to see what the facts are in the divorce so as to be able to figure out what a fair breakdown of the community estate is as well as what sort of liabilities the opponent has.

Attorneys and clients share in the heavy lifting of completing discovery and clients are often times given "homework" to complete by a certain date. Parties have thirty days to respond to discovery and get their answers back to the requesting lawyer.

On top of requests from the opposing party, an attorney will usually have a plethora of requests of their own client. At the Law Office of Bryan Fagan we will have our clients fill out some forms that assist our office with administering your case properly. A document called an Inventory and Appraisement will consider the financial state of your life in terms of your assets.

Retirement benefits, bank accounts, investments, homes that you may own and similar information is sought in order for our office to best advise clients on how to manage their personal financial lives while the opposing party is doing all it can to capture and retain whatever interest it is able to.

Another document that simplifies much of the same information contained in the Inventory and Appraisement is a Financial Information Sheet. This document is a two page basic statement of your financial life- a snapshot, if you will. Basically it seeks the money going into your home and the money going out. Your total income (wages, salaries, retirement, disability benefits, etc.) and bills (mortgage, groceries, student loans) can show a Court what your month to month financial health is.

Managing Expectations

Divorce Attorneys in Houston: How then can a client manage their expectations and ensure that a contested divorce, especially one involving children, is not a huge financial and emotional drain? I would start by advising folks to take a look at their case in bits and pieces rather than trying to win the case in one day.

A metaphor I heard years ago that I always like to tell clients is that if you want to eat a Buick crush it up into a itty-bitty pieces and sprinkle it on your cereal each morning. After an extended period of time, you'll have eaten that Buick without too much effort.

The point is- divorce lawyers are paid to advise clients on how to approach their cases in an intelligent manner that will best insure that their children are taken care of and their personal financial situations are maintained as well as possible.

While a contested divorce is far from easy, communicating with clients and being up front with costs and money are relatively easy ways for an attorney to build a rapport with their clients. Trust and communication are the two hallmarks of the relationships the attorneys of the Law Office of Bryan Fagan, PLLC have with our clients. Please contact our office today to learn more about how we can assist you in a contested divorce scenario ... Continue Reading

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The Simplified Process for an Uncontested Divorce in Texas

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Houston Family Attorney: Television and movies paint a picture of all divorces being full of acrimony and strife. Husbands and wives battle it out to determine who gets the kids, the house and the pride of knowing they got one final "win" over their soon to be ex-spouse. To be sure- the scenario just laid out is a costly one not only in terms of money but emotional output.

The attorneys with the Law Office of Bryan Fagan, PLLC see potential clients come in to meet with us to discuss a divorce and they will typically arrive with a sense of unease because they believe that divorcing their spouse is going to be as bad as our media would make it out to be.

Your divorce can be Amicable

Fortunately for many parties that are divorcing the fact is that divorce is not everything it's cracked up to be- in a good way. Simply put- most people do not enter into a divorce with the intent to do whatever it takes to get whatever they want. For starters, a lot of couples talk to each other about the divorce before one or the other actually files in court.

This can be important in that the couple can discuss what they both feel they need to achieve in a divorce and chart a course of action to get there.

The Waiver Divorce

From personal experience, I can say that everyone involved in a divorce wants to get the process over with as soon as possible. This goal can be achieved early on through an uncontested divorce process by signing a Waiver of Service/Citation rather than having to wait on a process server to serve someone personally.

A Waiver of Service is just that- a statement that a responding party can make agreeing to receive their spouse's divorce petition directly from them or their spouse's attorney. This saves money because a process server does not need to be hired and it saves time because the parties don't need to wait the extra time for the court to prepare the documents for service. Extra expense is saved because the waiving party will typically not hire an attorney as well.

Once the waiver of service is signed and filed, it is up to the parties how to proceed. The attorneys with the Law Office of Bryan Fagan, PLLC will assist clients in:

> compiling a list of assets, > debts, and > other financial information that needs to be divided and accounted for.

Children's Issues

As far as children are concerned, the parties will usually need to have a good understanding of what they want to do as far as figuring out:

> Visitation, > Possession and access of the kids and > Child Support

The easiest way that I've found for a divorce to go from uncontested to contested is to arrive at a dispute regarding the kids.

Mediation

Divorce Attorney in Houston: An agreement between the parties is best ratified in mediation. This is where an independent attorney acts as an intermediary between the spouses to help craft a final agreement that both parties can receive a judgment by from a court. This agreement is binding and cannot revoked. The courtroom scenes that I touched on briefly at the outset of this blog post are a more costly, more time intensive and more antagonistic alternative to the cost-effective and efficient use of a qualified and experienced mediator.

While a simple divorce is not in the cards for every pair of divorcing spouses, it is a great solution for a lot of people. The attorneys with the Law Office of Bryan Fagan, PLLC will always work to better the lives of clients by assisting and advocating to achieve their goals. Please contact our office today for a free of charge consultation where you can learn if an uncontested divorce will be an option for you ... Continue Reading