The post How long does it take to get a divorce in Texas? appeared first on The Farias Law Firm.
]]>Provided that you meet the residency requirements and file the necessary paperwork with the local family courts, how long will it take you to divorce in Texas?
Some couples either have a prenuptial agreement already negotiated or are able to settle their major personal matters, like property division and child custody, on their own for an uncontested divorce filing.
Even if you show up to court already in agreement on how to handle your divorce, you will still need to wait at least 60 days from when you initially file to go back to court to finalize your divorce. Regardless of whether or not you have children and whether you have a contested or uncontested filing, you will need to wait roughly two months between when you first file for divorce and when the courts eventually approve your request.
Of course, the divorce can take much longer than that. Many people wait substantially more than 60 days between their initial filing and when they go back to court to finalize everything. Contested proceedings and fault-based divorces may take longer for couples to resolve than more straightforward divorces. Only in cases involving certain kinds of domestic abuse can people potentially qualify for a faster divorce.
Filing for divorce is not like removing an adhesive bandage. Doing it as fast as possible will not inherently reduce the pain involved. In fact, speeding through the process without proper consideration could have the opposite effect.
You can actually hurt your future prospects by agreeing to disadvantageous terms just to divorce as quickly as possible. Taking the time to really consider what you need for your future and learning about your rights under Texas law can help you protect your future as you contemplate your upcoming divorce. Learning more about the process of divorce in Texas will help you feel more comfortable with making big changes for your family.
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]]>The post Does Texas make divorce expensive compared to other states? appeared first on The Farias Law Firm.
]]>The cost of a divorce could vary based on the state. For example, the basic filing fees in Texas are around $300 depending on if you do or don’t have minor children. When all is said and done, the average cost of the full divorce is around $12,500 for attorney fees and other related costs.
If that seems like a lot, you should know that some states are much higher. California’s average cost including attorney fees us around $14,000, and New York’s average cost is around $13,500.
Of course, some states are more affordable, too. West Virginia, Kansas, and Kentucky, for instance, all cost around $8,000 for a full divorce.
The reason no one can tell you exactly what a divorce will cost is because there are many factors that influence the cost of a divorce. For instance, if you and your spouse decide to settle and have an uncontested divorce, you may have only the filing fees and a few hours of an attorney’s time to pay for. You could make your divorce extremely inexpensive that way.
Alternatively, someone who drags out a divorce, hires investigators and attorneys, goes to court and has multiple hearings or pushes for litigation could be looking at a bill much higher than Texas’s $12,500 average.
Thinking about it in that way, no state is really much more expensive than another until you start getting into contested divorces. If you and your spouse are willing to negotiate and work together to resolve your divorce issues, then you will greatly reduce the overall cost of your divorce. If you can’t do that, then you may find that your divorce continues to add up to a significant cost, and you will be left with fewer financial assets following the divorce as a result.
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]]>The post What causes an estate to escheat? appeared first on The Farias Law Firm.
]]>Since an estate only escheats when there are no potential heirs to the estate and when no will is present, it’s important for people to create a will to prevent this from happening.
Intestate succession laws go into place when a person dies without a will. When no will is present, the estate is distributed based on the state’s guidelines.
In Texas, assets may be passed on to a spouse, children, grandchildren, great-grandchildren, siblings or parents through intestate succession laws. Determining who will obtain which assets is straightforward.
If your spouse survives you, they will inherit all of the estate unless you have children or parents who are still living. If you have children with your surviving spouse, your spouse will receive all community property. Then, they’ll get a third of any separate personal property. They’ll also be able to use all of your real estate. The rest of the balance of the estate goes to your children.
If the children are not biological, then your surviving spouse will get a third of your personal property and real estate. The children will get your share of community property, as well as all other balances.
If you have a spouse and parents who survive you, then your spouse will obtain all the community property and separate personal property. They will also get to keep half of the real estate. Your parents would inherit the balance.
As you can see, this process is fairly complex and may distribute property in a way that you are not comfortable with. If you want to prevent certain people from obtaining your assets or want to be sure that your spouse receives everything following your death, then you need to have a will in place to make your wishes known. Contact our experienced estate planning attorneys today for guidance.
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]]>The post Asking to modify custody? Pay up on child support appeared first on The Farias Law Firm.
]]>If you have a history of paying on time and taking care of your child’s needs, then that will look good when you go to court to seek an adjustment of your child custody time. If you are behind on payments, requesting a modification of your custody schedule may not be in your best interests.
While the other parent can’t bar you from seeing your child because you’re behind on child support payments, the court does not have to be as kind. The judge in your case can certainly deny your request to modify your custody arrangements and see your children more if you have a history of failed payments.
Why? Not making payments on time shows that you are not supporting your child. If you’re struggling to make payments, you should ask the court to modify your child support payments to better fit your financial situation. Doing that, and then getting current on your support, shows that you take your obligation seriously and will take steps to correct issues when they arise. This looks much more positive than simply not paying or not paying enough.
If you don’t have much custody time now and want more, you need to show the court that you put your child first. You need to show that you are responsible and take your obligations seriously. By not paying child support or not providing enough support, you may actually be showing the court that you don’t have the financial backing needed to have more custody time or that you don’t take the court’s order to pay seriously. This looks bad, and it may result in penalties for failing to pay.
This can be a complex situation to deal with. Look into your rights, and be prepared to answer questions about missed support payments if you want to change your custody arrangements.
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]]>The post 3 ways to minimize the cost of your divorce appeared first on The Farias Law Firm.
]]>The good news is that there are many methods you can use to reduce the cost of a divorce. Here are three things you can do to attempt to minimize your costs, so you can save more of your assets for your future.
The first thing you can do is to actually spend less time on the divorce by staying organized and sending fewer emails or calling your attorney less. Communicate as much as you need to, but try to organize your thoughts and questions, so that you can get them answered all at once.
On top of this, you should remember that your attorney may charge by the hour or by the meeting, so it’s a good idea not to use that time talking to them as if they’re a counselor or therapist. You should stick to the case, because it can get costly otherwise.
Sometimes, it’s hard to let go of certain assets or you may want to argue a point that your spouse keeps bringing up. That’s fair, but it can also add up and cost you. If there is an issue that drags out, you’re more likely to spend a substantial amount of money on it. Realize this and know when it’s time to settle, so you save yourself money and time.
Automatically going into divorce thinking about litigation is a good way to drag it out and spend thousands. Instead, go into your divorce willing to negotiate and settle. Mediation, arbitration and other alternative dispute resolution techniques may help you save money.
These three tips can help you avoid expensive divorce issues. You may not be able to avoid all expenses, but you’ll save more time and money if you’re willing to stay organized, to negotiate and to choose methods designed to help you move forward.
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]]>The post Mitigate stress when preparing for a divorce appeared first on The Farias Law Firm.
]]>If you and your spouse disagree on issues such as child custody, property division or alimony, a Texas family court judge can make decisions on your behalf. Keeping several things in mind as you prepare for proceedings may help keep stress to a minimum.
Divorce costs money. Beyond that, transitioning back into a single lifestyle can present financial challenges that you might not be prepared to meet. This is especially true if you’ve been out of the workforce for a number of years because you sacrificed a career to stay home and raise your children.
To prepare for divorce, it’s a good idea to establish your own line of credit, to close all jointly owned bank accounts and open your own, and to organize your finances as best you can.
During property division proceedings or for issues concerning child support, you may need to show the court proof of income, not only for yourself but for your spouse, as well. In addition to income history, tax information, credit card statements and all banking information may be pertinent in a divorce.
The more organized your documents are from the start, the less stressful divorce proceedings might be.
Deciding what will happen to your marital home is one of numerous important issues you must resolve in a divorce. You might think it is less stressful if you and your children remain in the same house after you finalize your divorce. You and your spouse might agree that it’s best if you both move out even before you’ve signed a final agreement.
What’s most important is finding a solution that keeps your children’s best interests in mind and creates the least amount of disruption and stress for you.
As you and your children cope with a divorce, there may be times when you want to reach out for additional support. For instance, close family members or friends can help with babysitting or driving kids to and from school or other activities. If you or one of your children is struggling emotionally, you may want to speak with a licensed counselor who specializes in helping families navigate divorce.
It’s also a good idea to know where to turn for support if a legal problem arises that is causing you stress and that you do not feel equipped to handle on your own.
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]]>The post Is borderline personality disorder a factor in your divorce? appeared first on The Farias Law Firm.
]]>If your spouse suffers from a mental health condition, such as borderline personality disorder, you’re likely no stranger to emotional upheaval and high levels of stress. During divorce proceedings, your spouse’s condition may cause conflict and make it difficult for you to achieve a fair settlement in a peaceful fashion.
If your spouse exhibits symptoms of BPD, he or she may have frequent, drastic mood swings. BPD is a mental health condition that is categorized by emotional instability, erratic behavior and difficulty relating to people, which often includes a spouse.
This type of behavior is common among those diagnosed with BPD. Mental health experts typically diagnose this condition when symptoms of impulsive and destructive behavior are present in addition to frequent mood swings and relationships that are marked by conflict.
If you’ve been living with a spouse who suffers from BPD, you may have already noticed that stress triggers flare-ups of symptoms. Perhaps you and your spouse have argued or faced some other high-level stress situation only to have him or her space out or disassociate from his or her surroundings. On the other hand, he or she might become paranoid or act out by exhibiting destructive behaviors.
No matter what events or issues prompted your decision to divorce, if you’re dealing with a person who has BPD, the risk of conflict is high. In addition to marital property and liability issues, you might have child custody, alimony or child support issues to resolve. If your ex refuses to cooperate or you disagree on what’s best for your kids, you shouldn’t hesitate to reach out for additional legal support to help you protect your parental rights and to make sure you get a fair settlement.
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]]>The post Child custody: Always be well-prepared for court appeared first on The Farias Law Firm.
]]>Every state has its own child custody regulations and guidelines. It’s helpful to speak with someone you know who has navigated the family court system for similar issues in Texas. It is also helpful to discuss your case with someone who is well-versed in legal matters pertaining to divorce and custody issues.
What to expect when one files a petition for sole custody
If your spouse requests sole custody of your children, you may have a battle on your hands to convince the court that you deserve to have custody of your kids. In short, litigation over sole custody means that the judge overseeing your case must determine which parent would be the better choice when the goal is to do what is best for the children.
Issues such as what you do for a living, what your level of income is, how closely your lifestyle post-divorce would be to what your children were accustomed to when you were married and, perhaps, even where you live, or how big or small your house is may be factors of consideration the judge will take into account before handing down a decision. You would have to prepare to convince the court that you would be the best choice as a sole custody parent.
Avoid emotional outbursts in the courtroom
No matter how much your ex provokes you or how upset you might get hearing what he or she tells the judge, if you hope to win a child custody case, you need to be in control of your emotions. Emotional or angry outbursts disrupt the legal process, and the court may frown about them.
Just as there are certain ways you should and should not act during a job interview, for instance, there is a particular etiquette expected in a courtroom. If your spouse is baiting you and trying to get you to lose your cool, it might be a tactic he or she believes will help him or her win the case.
Never hesitate to reach out for additional support
Navigating child custody litigation is stressful. You don’t have to go it alone. If you have a friend or family member who has gone through similar experiences, just talking things over with him or her before heading to court can be a source of comfort and encouragement.
Many concerned parents also rely heavily on experienced legal representation, so they have someone advocating on their behalf in court, which is a great way to avoid confrontation.
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]]>The post How Texas parents can avoid child custody squabbles appeared first on The Farias Law Firm.
]]>As long as there are no extenuating issues in your case that would make your co-parent’s presence in your kids’ lives a detriment to their well-being, a shared custody arrangement might be the best option. Most family court judges believe that children typically fare best in divorce when they have ample opportunity to maintain active relationships with both parents. If your goal is to avoid high stress situations, you’ll want to consider ideas that may help you peacefully co-parent.
As you navigate divorce and lay the groundwork for a new family lifestyle, your children will undoubtedly pay close attention to the interactions between you and your ex. If they witness frequent parental conflict, they may feel stressed or worried that they are somehow to blame for the bad feelings between their parents.
You can help your kids come to terms with divorce by agreeing to set your past relationship problems aside in order to work as a team to create a peaceful co-parenting atmosphere. Child support issues, shared custody schedules and parenting styles are some of many issues that can cause stress between co-parents after divorce. The more you try to avoid confrontation, the better able to cope your children might be.
While you no longer wish to be married to the other parent, it is critical that you both respect the role each other has in your children’s lives. It’s best to avoid using them as messengers. It helps keep stress low if you agree to communicate in a calm, mature fashion to discuss and decide important issues concerning your kids.
If your ex is supposed to pick up the kids at a certain place and time but calls to request a schedule change, try to remember that your reaction to the situation will affect your children. If it becomes a habit or your ex is disregarding a court order, that’s a whole other issue. You can bring such matters to the court’s attention.
When you filed for divorce in a Texas court, you likely had a list of goals you were hoping to achieve. A goal most parents have in similar situations is to settle financial and child custody matters while trying to help children move on in life with as little disruption and stress as possible.
If you build a strong support network from the start, you increase your chances for success.
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]]>The post What role does the probate court play in estate administration? appeared first on The Farias Law Firm.
]]>However, neither the probate courts nor the probate process is inherently bad or detrimental to the administration of an estate. In fact, in many cases, the opposite is true. The Texas probate courts can help settle disagreements, validate the last will and ensure that the rights of everyone receive adequate consideration and protection during estate administration.
The process of handling a last will typically starts with presenting the document to the courts for review. Once they have validated it and ensured that it does not conflict with Texas state law, they will then oversee the estate administration process.
The probate courts provide a source of oversight during estate administration to ensure that the estate fulfills all of its obligations, including the repayment of debts to creditors prior to the distribution of assets to beneficiaries.
Maybe one sibling feels that the estate plan unfairly favors someone and suspects undue influence may have impacted the terms left behind by the testator. Perhaps there is a blended family situation where the adult children of the deceased are upset about the portion of the estate that their stepparent will retain.
The probate courts can assist in settling these issues, which may include challenges against the terms of the last will or the executor.
Some people die without leaving behind a last will or estate plan. Other times, there may be an estate plan, but no one can locate it. If the family believes there is no last will or if four years have passed since the day of death, the Texas courts may declare the estate intestate and use state law to determine how to allocate the assets left behind.
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