How do I appoint a future guardian for my children?
February 9, 2010
In Texas, appointing a guardian for one's children is normally done in one of two ways. More »
When can my child choose which parent to live with?
December 26, 2009
In Texas, a child who is twelve years of age or older may choose the parent he or she wants to live with, subject to the court's approval. This must be done in writing (usually like an affidavit), and is filed with the court. More »
What is Separate Property?
December 22, 2009
In Texas, "Separate Property" consists of: * the property owned or claimed by a spouse before marriage * the property acquired by the spouse during marriage by gift, devise, or descent * the recovery for personal injuries sustained by the spouse during the marriage, except any recovery for loss of earning capacity during marriage. More »
What is community property in Texas?
December 20, 2009
In Texas, "Community Property" basically consists of all property acquired by either spouse during marriage that is not otherwise Separate Property. All marital is presumed to be community property unless it is proved to be separate property. Spouses may also agree in writing that his or her separate property is converted to community property. More »
Is there alimony in Texas?
December 20, 2009
The short answer is sort of. In Texas, it is possible to get "spousal maintenance", which is essentially like alimony. Typically, spousal maintenance is available if you have been married for more than 10 years; you lack sufficient property to provide for your minimum needs; and one of the following 3 scenarios applies to your situation: More »
How soon can I get remarried after my Texas divorce is final?
December 19, 2009
This is a question we often get asked by divorce clients. In Texas, neither party to a divorce may remarry the 31st day after the date the judge has signed the divorce decree. That means you should not plan a wedding for at least a month after the date of your divorce hearing. You would be surprised how many clients have had to move their wedding date after consulting with us. More »
What is the waiting period for getting a divorce?
December 18, 2009
In Texas, a court may not grant a divorce before the 60th day after the date the divorce lawsuit is filed. This "waiting period" is intended to give the divorcing spouses some time to decide whether they really want a divorce or were just acting in the heat of the moment. More »
What are grounds for divorce in Texas?
December 17, 2009
In Texas, the court may grant a divorce on any of three no-fault grounds: * insupportability * living apart for 3 years * one spouse's confinement in a mental hospital for 3 years More »
Who Was Supposed To Be Watching Grandma?
December 10, 2009
There is a popular tune played this time of year called "Grandma Got Run Over by A Reindeer" which relates that Grandma -- after drinking too much eggnog -- went out into the winter cold to get her medication and was run over by a reindeer. The question is, "Who was supposed to be watching Grandma?" More »
Long Distance Care Givers Receive Help
April 9, 2009
Living in a different city or state -- miles from aging parents -- can be very difficult. Keeping in touch by telephone and making long trips to help parents or aging relatives with their needs can be time consuming and not nearly as effective as being available full time in person. More »
Nursing Homes for Veterans
February 26, 2009
Nursing home coverage for veterans is available from two sources within the Department of Veterans Affairs -- the veterans health care system and the state veterans homes system. More »
Ending the Violence: How to Obtain a Texas Protective Order
April 12, 2008
"The Texas Department of Public Safety reports that in 2006, there were 186,868 incidents of documented family violence statewide. However, the Texas Health and Human Services Commission estimates that as many as 982,916 Texas women were actually battered that year. In Texas, more than 800 women were killed by their domestic partners from 1998 to 2005." More »
Where can I find housing options for my parents?
June 1, 2007
Another lawyer sent me a link the other day to an internet comparison of nursing homes. It has some basic information comparing types of independent living, assisted living, and nursing home facilities. Click here for that website, www.newlifestyles.com. More »
Veterans Long Term Care Benefits
May 17, 2007
The Department of Veterans Affairs provides three types of long term care benefits for veterans. More »
How long does it take to get divorced?
October 10, 2006
It depends. Isn't that a great lawyer answer! But it really does depend on many factors. More »
Am I common law married?
October 9, 2006
Someone recently asked this question in the office, which caused us to again look at the common law (or informal marriage) statute. According to the Texas Family Code, there are 2 ways to be informally married. More »
Who would raise my children if something happened to me?
October 7, 2006
I recommend that my clients with minor children choose who they want to be the future guardians of their children through a legal instrument commonly called a Designation of Guardian. By signing a Designation of Guardian, you can decide exactly who your first, second, third and even fourth (or more) choices to raise your children are in the event of your death. This legal document is typically honored by the courts, and avoids disputes between family members (or both sides of the family) as to who will raise your children. The Designation of Guardian will allow you to pick the most suitable person in your eyes to raise your children. More »
