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Recent Blog Posts
Does Property Division in a Texas Divorce Include Frozen Embryos?
Debates between those who consider frozen embryos persons and Texas state law that designates frozen embryos as property went to the Texas Supreme Court for a definitive decision. On June 14, 2024, the Texas Supreme Court declined to consider the case of Antoun v. Antoun, which involved three frozen embryos that were awarded to the husband during a Texas divorce trial.
An IVF consent form from the fertility clinic specifically stated that the husband would be awarded the frozen embryos in the event of a divorce. The trial judge relied on this consent form when deciding the issue. The wife then filed a motion for reconsideration, arguing the embryos must be treated as human beings rather than property, which would require a different standard—one that determines custody rather than disposition of assets.
The District Court declined to reconsider the issue, and an appeals court affirmed that decision in July 2023. The wife then petitioned for a review with the Texas Supreme Court. The Court refused to hear the case with no comment. It is unclear whether or not the wife will take the case to the U.S. Supreme Court. The Texas Right to Life group also filed an amicus brief before the Texas Supreme Court, arguing that frozen embryos should be treated like children rather than property during a divorce.
Gay Divorce in Texas
While signs that read “Love is Love” and advocating for same-sex marriage were fighting for all people to have the right to be legally married regardless of sexual orientation, there was also another area of law that would be newly opened to the LGBTQ+ community. Once the state of Texas legalized same-sex marriage in 2015, it meant that the field of divorce needed to be expanded to accommodate same-sex couples as well. While gay divorce is in large part quite similar to straight divorce, with a lot of the same issues needing to be worked out in a settlement, there are some aspects that make it stand apart. If you and your spouse are thinking about getting divorced, speak with a qualified Parker County, TX family law attorney to understand what is involved and how to get the process started.
Similarities Between Gay and Straight Divorce
Gay couples have to meet the same conditions for getting a divorce in Texas as straight couples.
Establishing Paternity in Texas
When a woman has a baby, she is recognized as the mother in the hospital. If she has a husband at the time of the birth, he is automatically considered the baby’s father without any need for him to prove this. When a baby is born out of wedlock, the mother’s status is still recognized, but the father has no automatic recognition. In order to have any officially recognized relationship with the baby, he needs to carry out a process known as establishing paternity. In other words, he needs to prove that he is the father. While some common misconceptions about being legally recognized as a child’s father have kept some men from establishing their paternity, there are many ways it can benefit you and your child. If you are about to become a father and you are not married to the child’s mother, speak with a qualified Parker County, TX paternity lawyer to find out more.
How Does Paternity Work in Texas?
There are two main ways paternity can be established in Texas:
Is It Possible to Get Sole Custody in Texas?
Divorce can be complicated when the couple ending their marriage has children. In deciding what will happen with parental custody and responsibilities, Texas courts tend to prefer granting both parents at least some amount of custody even if one has a majority. However, the main factor taken into consideration in these decisions is what would be in the best interest of any children involved. While it is less common, it is still possible for a judge to grant one parent sole custody and to legally authorize efforts to keep the children away from one parent. If you have an impending divorce and you want to fight for sole custody of your children, speak with an experienced and compassionate Palo Pinto, TX divorce lawyer to understand your options.
What Does Custody Include?
There is a great deal of confusion around what the word custody truly means. In Texas, custody is divided into two main areas:
What Is Community Property in Texas?
Different states follow different models that guide them on how assets and property are divided in a divorce. Texas follows the community property model. When referring to divorce, community property means all assets and property that a married couple acquired during their marriage, with some exceptions. This includes investments, real estate, income, and more. This article will explain community property in detail. If you are considering divorce and wondering what sort of property division arrangement you can expect, speak with a knowledgeable Palo Pinto, TX divorce lawyer to find out more.
What Are the Implications of Community Property?
In the state of Texas, no matter who earned what or whose name is registered on any title, both spouses equally own community property. The marriage is considered an equal partnership and if one spouse worked for pay throughout their marriage and the other contributed more to their household and the upbringing of their children, they are both recognized as equals by the law. Therefore, when a couple in Texas gets a divorce, their property is generally divided equally between the two. An exception would be if the couple had signed a prenuptial or postnuptial agreement that stipulated otherwise.
When to Seek Support and Custody Order Enforcement
As a divorced parent, you have likely spent time and money establishing custody and child support orders with the court. However, what happens when your co-parent does not follow these legally binding arrangements? Unfortunately, violations happen all too often. You may need to enforce your existing orders if you face denied visitations, late or missing support payments, or other infractions. A Texas family law lawyer can be on your side throughout the process.
Visitation Interference
One of the most challenging situations for both parents and children arises when visitations are blocked. If your custody order grants you time with your kids but your ex-spouse refuses access, document details about denied visits. Also, note whether communication with children is impeded during your visitation time without good reason.
Should I Consider Signing a Postnuptial Agreement?
Similar to a prenuptial agreement, a postnuptial agreement is a legal document signed by both spouses that describes how any of their marital property and assets would be divided if they get divorced in the future. While it can be beneficial for a couple to have a prenuptial agreement with everything worked out in advance, it is also understandable that many couples do not want to think about divorce when they have not even gotten married yet but are enjoying their engagement and planning their wedding. It is not too late for couples who never signed a prenuptial agreement due to emotional hesitation but feel that it might have been a good step once married. A Palo Pinto, TX family law attorney can walk you through drawing up a postnuptial agreement.
How Does a Postnuptial Agreement Impact a Texas Divorce?
Different states have different laws regarding the division of marital assets and property. The State of Texas, for example, follows a community property model. That means that when it is up to the courts, any property or assets a couple accumulated during their marriage will generally be divided equally between the two spouses in a divorce. However, if a couple signs a postnuptial agreement, they can decide how to divide their property and assets.
What To Do If You Cannot Afford a Divorce in Texas
A divorce is expensive in more ways than one. You have the hit to your bank account on one hand and the emotional stress toll on the other. However, you are dead set on going through with it. So what can you do when you are too poor to afford to divorce your spouse? There are ways around the costs in Texas, but they will not be a walk in the park. For anyone seeking a divorce or answers to questions involving family law, hiring an experienced attorney can help.
How To Divorce Without Any Money
Finances can keep many couples locked into unhappy marriages, especially those who live paycheck to paycheck and do not have the budget for a divorce. So what are your options? Court fees for a divorce can be waived in Texas if you are willing to follow a set procedure. There are a few steps to this process, which involve:
When Should I File for a Protective Order?
Whenever you feel as though your life or your children’s life is in danger from a current spouse or former romantic partner, a protective order can help. Survivors of sexual assault or stalking can also benefit from filing a restraining order against the perpetrator. If you need help with filing for a protective order, seek the counsel of a trained and experienced family law attorney.
What Is An Order of Protection?
A legal court order prohibiting a person from interacting with the petitioner in specified activities. The person who files for the order is known as the plaintiff, whereas the prohibited individual is referred to as the defendant.
What Types of Protective Orders Are Available in Texas?
Texas has three types of protective orders for family violence:
Same-Sex Common Law Marriage and Divorce
Same-sex marriage has been legal for almost a decade now in Texas. Sometimes, same-sex couples can cohabitate for so long that they may already consider themselves married without the glitz and glam of a wedding ceremony. In this case, Texas also recognizes common law marriage and divorce for same-sex couples. However, there are a few requirements that must be met for the state to recognize their common law marriage. A knowledgeable attorney can help cut through the legal complexities of how to go about getting your union recognized as a legally binding marriage.
What Are the Requirements for a Texas Common Law Marriage?
Consideration for a common law marriage requires both parties to have a signed declaration of marriage or:
- They must both have agreed to be married
- Lived together as a married couple in Texas since the agreement took place
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