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Divorce 101

As a divorce attorney in Texas, the following common questions, especially during this COVID-19 Pandemic times, about getting a divorce are almost always asked by persons calling my office regarding a divorce matter:

How long does a divorce take?

Generally,  there is a 60 day “cooling off period” which starts on the day after your divorce […]

What grounds can the Court use to involuntarily terminate a parent’s rights?

A question that has been asked regularly by persons is whether they can terminate their rights to a child that they allegedly fathered but are not married to the mother.  A court will always look at the best interests of the child in determining whether to terminate a person’s parental rights.  Generally, in most […]

Protective Order in Family Court.

Can I apply for a protective order in family court? In some cases, you are able to get the District Attorney’s Office to assist you in applying for a protective order against a family member, spouse, or individual committed violence against a person. However, in cases where there is a pending […]

Common Law or Informal Marriage?

I have recently had several individuals contact my office requesting a divorce based on a common law marriage.   The most recent inquiry was an individual who had cohabitated with another person for almost 20 years.  They had purchased several homes and had children together.  Even though the persons had never ceremoniously married each other,  […]

Divorce or Annulment?

I have numerous calls to my office from individuals who wish to “annul” their marriage.  Many of the inquiries have the common theme of the marriage being a very short duration marriage.  Individuals have a believe that if their marriage lasted for a short period of time,  the law allows them to “annul” their […]

Can I do my own divorce if I don’t have the money for an attorney?

Can I do my own divorce if I don’t have the money for an attorney?

In today’s employment and financial crises because of COVID-19,  a lot of people contemplating divorce do not have the resources to hire a divorce attorney.  However the answer to whether you can do your own divorce  is “yes” provided you […]

Why is my uncontested divorce taking more than 60 days to finalize?

Finalizing a divorce in today’s COVID-19 Pandemic is unpredictable as to when a judge will sign your Final Decree of Divorce.  Whether you have an uncontested divorce with all parties signing off on the Agreed Final Decree of Divorce or a contested divorce that involved a trial,  the time which it normally takes to […]

Can Divorce regulations change in Texas?

The right to vote has become a center point in the recent months especially with so much finger pointing at groups and politicians accusing each other of voter tampering. The right to vote has gone through several manifestations since our finding fathers drafted the United States Constitution. Each state is given broad authority on […]

Do I return my wedding ring in a Divorce?

Can my spouse make a gift to me?

Section 3.005 of the Texas Family Code provides that if 1 spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.

In the case of Maldonado v. Maldonado, 556 S.W.3d 407 […]

Does Texas Require a Marriage License? Yes.

Does a marriage license expire?

Yes, a marriage license in Texas expires if the marriage ceremony has not been conducted before the 90th day after a person gets the marriage license.

Who can perform the marriage ceremony?

Only certain persons are authorized to conduct a marriage ceremony in Texas.  The following persons may conduct the ceremony:

(1) a […]