Recent Posts in Texas Family Code Category

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The Dirty Divorce Trick of The Do it Yourself Divorce

Doing your own divorce is a very difficult task. I have heard it compared to trying to perform surgery in the dark. Another comparison I like is that it may be possible to do your own brain surgery, ...
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The Dirty Divorce Trick of Getting Married Again

Being a divorce attorney has given me a front-row seat to people behaving badly, sometimes in a mercenary manner. I am not suggesting that anyone wanting to marry their ex-spouse again after a divorce ...
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Frequently Asked Questions Regarding Filing for Divorce

I’m sure if you wanted, you could go online and search through 1,000 proverbs about beginning a process and you’ll find a few that mention that perhaps the most difficult step in that ...
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Handling a Child Support case as a non custodial parent: Questions, questions, questions

What happens if you were to lose your job? Do you still have to pay child support? Generations before our own saw people starting work with an employer at a young age. The worker would often time ...
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Handling a child support case as the non custodial parent, Part Five

Receiving a court summons-What should you do? One minute you are minding your own business and the next you have been handed some paper from a person you’ve never met before that instructs you ...
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Nonmarital Children’s Paternity and Death of Alleged Father

Recently I have had more than one person ask me about establishing paternity and doing a name change after a father has passed away. There is an automatic presumption of paternity for children who are ...
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Family Law Cases in Texas: Visitation, Possession and Access

In learning more about family law concepts and terminology you may have come across the terms: visitation, possession, and access. Interestingly enough possession and access are what visitation is ...
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Family Law Cases in Texas: Conservatorship Explained

The word that I hear most often from clients in regard to their children, and frankly use myself when discussing the rights and duties of parents, is “ custody ”. It’s a word that is ...
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Common Law Marriage in Texas

For the majority of married persons in Texas, our married lives began with a ceremony of some sort where vows were exchanged and a pronouncement was made that you and your spouse are now married. ...
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Considering whether to move out of the home after a divorce is filed? Read this blog first

The decision as to whether or not to move out of your marital home after your spouse has filed for divorce from you is one of the most important decisions you will make in your divorce. Issues related ...
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Texas Divorce Overview: Dividing Community Property and Debts

Community property is defined in the Texas Family Code as any property that is acquired by either or both spouses during marriage by any means other than gift or inheritance. This is obviously a ...
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Debt division in a Texas divorce

Even if you don’t know much about getting a divorce in Texas it is likely that you have heard that Texas is a community property state. You may not know exactly what this means or how it could ...
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How your children can succeed in school after a divorce, Part Two

Parents like yourself can feel overburdened and stressed out in even the best family situations. If you add a heated divorce case to the mix of school, extracurricular activities, social obligations ...
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Prenuptial agreements can be voided in Texas

If you’ve ever read the blogs on the website for the Law Office of Bryan Fagan then you know that prenuptial agreements are typically very strong in terms of their ability to hold up to scrutiny ...
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Deviating from the Guideline amounts for child support and Modifying a Child Support Order

We discussed yesterday the sort of circumstances that could lead a court to determine that the Guideline levels of support as set forth in the Texas Family Code are not appropriate. Indeed, if you are ...
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Purposefully reducing income, fluctuating pay and other child support components

If you are in a position where paying child support appears likely as a result of your Texas divorce or child custody case it could be that you would go to extreme lengths to “fudge” the ...
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Child Support in Focus: Retroactive Payments

In the event that you do not have a child support order from a Texas Family Law Court that has ordered the payment of child support from another person to you, it may be a question bouncing around in ...
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Split Custody- Is it right for you and your family?

One of the goals that many potential clients of the Law Office of Bryan Fagan have is to be able to see their child as much as the other parent once their family law case is done and over with. It ...
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Postnuptial agreements in Texas Family Law

Earlier this week the attorneys with the Law Office of Bryan Fagan posted a blog that related to premarital agreements that covered what they were and how they can impact a marriage. Today we will ...
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What to do When Your Child Does Not Want to Visit the Other Parent

You spent a long time in mediation negotiating and getting your custody order worked out so that both you and your ex were satisfied with it. Or maybe you fought a long custody battle that ended in a ...
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What are the limitations of a premarital agreement in Texas?

A premarital agreement is a contract between you and your spouse that is signed off on before the two of you tie the knot. The most common reason why you may want to sign a prenuptial agreement before ...
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The effect of substance abuse on child custody determinations

Unfortunately, there are family law cases that involve one parent making allegations of substance abuse against the other parent. In some scenarios these allegations are just that- allegations- and no ...
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Texas Family Law Courts: How a court determines child custody in a divorce

By far the most frequent question that I field from potential clients of the Law Office of Bryan Fagan has to do with custody. Concerned parents come to talk to us all the time about how their ...
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Is a Common Law Marriage Just as Good as a Ceremonial Marriage?

Recently, I had a consult involving an informal marriage or common law marriage. The wife was concerned about what rights she had. Her story involved verbal abuse, physical abuse, and an altercation ...
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Texas Family Law Courts: Spousal Maintenance Essential Knowledge

Spousal maintenance is a payment of money from one spouse to another. This payment is intended to assist the receiving spouse in being able to meet his or her minimal, basic needs. A judge can order ...
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