Monthly Archives: May 2012

Preserving Property During Divorce

Spouses living in Montgomery County, Texas should understand what restraints the county courts put on actions regarding property during divorce.  Montgomery County Courts at Law and the Montgomery County District Courts issued a standing order on March 11, 2009 that specifically lists prohibited actions against the property. Under Texas Family Code Section 4.001 property means… Read More »

Legal Help with Resolving Property Valuation Disputes

When spouses part ways, each wants to take their share of the assets they worked hard to acquire together.  Yet they do not always see eye to eye on value.  Such different views can lead to disputes over assets’ value. Valuation disputes are common in complex divorces that involve substantial assets.  The character of certain… Read More »

Marital Property—Protecting Your Finances During Divorce

Money earned while married does not belong to the spouse earning it.  Under Texas law, the spouses’ combined income is marital property.  Texas addresses marital property and separate property under Chapter 7 of the Texas Family Code.  Texas is a community property state, which means marital property division is 50/50.  People worry about losing money… Read More »

How the Courts Use License Suspension to Enforce Child Support Payments

A child support lawyer can take a number of measures to provide legal recourse for a parent who is not receiving child support payments.  In addition to wage garnishment, arrest warrants for contempt of court, and liens on property, the court can suspend licenses. When a non-custodial parent does not pay child support for three… Read More »

Visitation Arrangements in Texas

Parents can arrive at their own arrangements for visitation outside of court and submit their agreed parenting plan to the court for approval.  In fact, the courts encourage parents to arrive at amicable decisions without court intervention, but always base approval on what is in the best interests of the child.  There are various scheduling… Read More »

Can You Cancel or Change Your Insurance During Divorce?

The short answer is NO, do not ever change your insurance during a divorce. The courts prohibit it and changing insurance without court approval will be very detrimental to your case.  It is understandable for spouses to start wondering about insurance policies after they separate and file for divorce.  Certainly after divorce is final, they… Read More »

When Do Texas Courts Appoint Guardians?

Any number of situations can make parents unable to care for their children—through unexpected death, a serious accident involving brain damage or physical incapacity, or a prolonged terminal illness.  A guardianship is a judicial proceeding that appoints a person or entity with full or limited authority to take care of the child or for an… Read More »

What is the Montgomery County Standing Order Regarding Children?

The Montgomery County District Court and County Courts at Law issues a standing order for all divorce lawsuits and family law cases.  As a matter of law, parties and lawyers must obey the standing order even if they did not ask for the order or are unaware of it.  It is assumed as a matter… Read More »

What Is the Role of a Guardian Ad Litem in a Custody Case?

Sometimes in contested custody cases, the court appoints a guardian ad litem to help resolve the case.  People may confuse an attorney ad litem with a guardian ad litem because of the name similarity, but their roles and qualifications are different.  An attorney ad litem must be a lawyer, and the lawyer’s role is to… Read More »

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