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What Are My Custodial Rights During COVID-19? August 9, 2020

When I hear the term “ custodial rights ” my mind goes towards what appearance responsibilities are toward their child either during or after a Texas family law case. In the law, custodial rights have to do with the ability of one person to make decisions and care for ...

What Are My Custodial Rights During COVID-19? August 9, 2020
When I hear the term “ custodial rights ” my mind goes towards what appearance responsibilities are toward their child either during or after a Texas family law case. In the law, custodial rights have ...
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How do I file for divorce in Houston, TX? August 9, 2020
Getting a divorce in Houston, TX means that you have to follow a pre-set process. The city of Houston is located in Harris County, TX. Some of the suburbs in our area are located in full or in part in ...
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What Does Contempt Mean During COVID-19? August 8, 2020
It seems that every topic we discuss in our world these days is related to COVID-19 . The discussions that we have with friends and family often times are had in the context of what is going on with ...
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How do I find the best divorce attorney? August 8, 2020
We live in a microwave culture. No, I don’t mean that we like to cook our meals in microwaves (although I think most of us do enjoy a quick bite to eat via a microwave every now and then). What I am ...
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How Is Property Divided During a Pandemic? August 7, 2020
The question of how property is divided during a divorce is an always relevant one. For those of you who are fairly new to the topic of divorce, there are basically two stages or two parts of a ...
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How much does a divorce cost in Texas? August 7, 2020
The question that is on every spouse’s mind who is considering filing for divorce is how much the divorce will cost him or her. This is a reasonable concern to have, of course. You are taking a huge ...
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How to handle issues in valuing property during the coronavirus pandemic August 6, 2020
You will find, if you are seriously considering a divorce right now, that there are basically two parts to any divorce. Those possible parts are of property division part and the child custody part. ...
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What are some good indicators when it comes to hiring a divorce attorney? August 6, 2020
Once you reach the point where you have decided to hire a divorce attorney to represent you in your case, the next step you need to reach is deciding what sort of attorney is best for you. After all- ...
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Coronavirus & Divorce: It’s More Than Just Washing Your Hands August 5, 2020
Many people approach a divorce like it isn't everyday sort of events. I imagine that years ago the topic of divorce was one that caught people's attention much more than it does today. Perhaps since ...
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What traits should I be paying attention to when selecting a divorce attorney? August 5, 2020
The decision regarding whether to hire a divorce attorney is the first choice you must make when deciding whether or not to get divorced in Texas. I think the next logical question to ask yourself if ...
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Divorce during coronavirus: Will splits soar after pandemic quarantines end? August 4, 2020
It stands to reason that tough times create tough circumstances for families. Given that the coronavirus pandemic in the various shutdowns, quarantines and closings associated with the pandemic have ...
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Why should I hire a divorce attorney? August 4, 2020
When it comes to a situation involving a divorce , few considerations are more important than deciding whether or not you want to hire a divorce attorney to represent you and your interests. No two ...
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Trapped in lockdown With Your Ex? Action Steps to Get Your Divorce Moving Again August 3, 2020
So here you are. At the beginning of 2020 you made the decision to file for divorce from your spouse. It had been a long time coming and now was the time to move forward with your case. You spoke to ...
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How to prepare for and win on an enforcement case in Texas family court August 3, 2020
If you have gone through a prior family law case and have obtained a court order then you know what it is like to have to live under pre-set rules. In the event that your ex-spouse has violated those ...
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COVID-19: What Happens When Co-Parents Disagree About Summer Camp? August 2, 2020
As we are approaching the end of the summer holidays, I think it is safe to say that none of us want to experience a summer like the one that we just had. Even if your family was fortunate enough to ...
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How to complete your divorce the right way: The Final Decree of Divorce in a Texas Divorce August 2, 2020
In the event that you are getting a divorce in Texas, everything you do throughout the life of your case leads you towards the Final Decree of Divorce . This is the document that contains the final ...
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Ways to regain lost summer parenting time in Texas August 1, 2020
One of the most significant impacts that the coronavirus pandemic has had on the family law world is the disruption to normal visitation and possession schedules. Depending on the type of family law ...
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Thinking about selling your house during a Texas divorce? Read this blog post first August 1, 2020
The decision to sell your family home can be an emotionally draining, time consuming and hectic process to put yourself and your family through. The decision to get a divorce can be an emotionally ...
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Coronavirus Reality Checks: Surviving Divorce or Separation during the Pandemic July 31, 2020
It is not an exaggeration to say that our country and the world at large is more concerned with actual survival now then probably anytime in the past 100 years. The coronavirus caught most of the ...
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How to draft a premarital or marital property agreement in Texas July 31, 2020
Like anything else in life, if you want to know how to do something you ought to do your research first. When it comes to matters relating to family law it is best to have an attorney representing you ...
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What are the most important issues in a divorce to focus on during the coronavirus pandemic? July 30, 2020
The purpose of the blog posts that we feature here on our website is to provide you with additional, helpful information that can be used to benefit you and your family in the event that you pursue a ...
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All about marital property agreements in Texas July 30, 2020
What type of agreements are you able to come up with in Texas that will handle property rights during your marriage and subsequently during your divorce ? The type of agreement shat will do so are ...
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How and when to file an enforcement lawsuit in Texas during the COVID-19 pandemic July 29, 2020
One of the difficulties that parents who share custody of a child have had to endure related to the COVID-19 pandemic is related to disruptions in Parenting time and child support. Parents who shared ...
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Moving from Texas to another state? Read this blog to see how it could impact your divorce July 29, 2020
When you and your spouse lived in Texas you all had an equal and undivided ownership interest in community property . Once you and your spouse get divorced the state of Texas would have determined how ...
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Sharing child custody during the coronavirus (COVID-19) pandemic in Texas July 28, 2020
Sharing is a concept that, in my opinion, does not come easy to most people. I think the natural tendency for most of us is to want to keep what we have and if anything, gain more of it. When we were ...
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Life insurance and its role in property division as part of a Texas divorce July 28, 2020
Texas utilizes what is known as the inception of title rule in order to determine whether an asset or piece of property in a divorce belongs to the community estate or to one of the separate estates ...
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International Abduction Remedies July 27, 2020
If you are a parent with children going through a divorce you may want to consider how important it is to have a provision in your final decree of divorce regarding passports and international travel. ...
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10 tips for parenting in Texas during COVID-19 July 27, 2020
The coronavirus pandemic has created a scenario where our lives have been taken out of rhythm to a great extent. By this I mean that the routines that we have been accustomed to in our own lives have, ...
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Distinguishing between Community and Separate Property in Texas divorces July 27, 2020
Probably the most important question of any divorce case in Texas, once you get beyond issues related to children, are those that deal with property . Texas is one of a few states in the United States ...
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Child Custody and Visitation after the peak of the COVID-19 outbreak July 26, 2020
Whether or not we are past the peak other COVID-19 outbreak or not is not the purpose of our discussion today on the blog . What I would like to discuss is how child custody and visitation may need to ...
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When trying to establish a common law marriage in Texas these scenarios alone are insufficient July 26, 2020
Over the past few days, the attorneys with the Law Office of Bryan Fagan have worked to share with you some information on common law marriage in Texas. The point of our discussions has been to tell ...
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How do I file for divorce in Texas during COVID-19? July 25, 2020
It may surprise you to learn that there are some things that have not changed over the past four months of this pandemic. For example, the law of gravity still works the same way. If you don't believe ...
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What living arrangements may lead a judge to conclude that you are common law married? July 25, 2020
Common law marriages are equivalent to a ceremonial marriage in all aspects except how they begin and how they are maintained. If you go to the courthouse and get married then there is no doubt that ...
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What Is "Malicious Parent Syndrome?" July 24, 2020
Divorce and custody lawsuits bring out the worst in parents. These stressful times can cause parents to do unthinkable things to make the other parent look better than the other in the eyes of the ...
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How Long Will My Divorce Take? July 24, 2020
Most people are already stressed out about the thought of having to go through a divorce. Hiring attorneys, learning to live life without a spouse, and making sure the children are alright. Due to ...
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What Is A Waiver Of Service? July 24, 2020
Filing a lawsuit with the court means the work has just begun. After you have petitioned to the court, the next step is, if not, the most important one. That next step being serving the other party to ...
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Can A Father Sign His Rights Over In Texas? July 24, 2020
You might wonder why a parent would ever want to terminate rights to their child, but this is a question that gets asked frequently. In Texas, a parent can terminate or voluntarily relinquish their ...
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Can I File For Divorce In Texas? July 24, 2020
Most people have no idea where to begin when they contemplate filing for a divorce. It is a stressful time for all, but there are important requirements you should be informed about if you are looking ...
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How Can A Father Win Child Custody? July 24, 2020
In history, it was rare that a father obtained primary custody over their child in a divorce or child custody case. When you think about, how many fathers did you know that had primary custody over ...
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Can A Father Take A Child If He Is Not On The Birth Certificate? July 24, 2020
A big question most fathers ask is what rights they have to their child if they are not listed on the birth certificate. If a couple is married, it is always presumed that the husband is the father of ...
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Do I Have to Pay Alimony if My Ex Is Cohabiting during COVID-19? July 24, 2020
The question of when spousal support , spousal maintenance or alimony is due to a person in Texas is one where we need to think about all the circumstances in a person's life and where to give a ...
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What does it mean to be common law married in Texas? July 24, 2020
In yesterday’s blog post from the Law Office of Bryan Fagan , we dispelled some rumors and misconceptions that I have heard in regard to common law marriages. It seems that are a number of falsehoods ...
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Can Parents Agree to No Child Support in Texas? July 23, 2020
Parents can sometimes agree that paying no child support is needed. However, there are reasons why child support is ordered. For example, the State of Texas wants to hold parents accountable for ...
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Visitation Refusal by Divorced Parents During COVID-19 July 23, 2020
For visitation to be refused during the COVID -19 pandemic I imagine that the rationale behind apparent doing so would be out of concern for their child's health and safety. Whether or not these are ...
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How is Contempt of Court Enforced During a Pandemic? July 23, 2020
There is a general feeling right now, at least I'm picking up on it that the times that we are living in are completely novel and completely unique. In many ways this is true. Obviously, none of us ...
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Wondering if you’re common law married in Texas? Read this to find out if you are July 23, 2020
I don’t have the numbers to prove it but I’m willing to bet you a Coke that fewer people are getting married the traditional ways. If you want to figure out why that is then you’ve come to the wrong ...
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Can I Change My Child's Last Name Without Father's Consent? July 22, 2020
There are numerous reasons why someone would want a name change for their child. A name change can signal a new chapter for someone life, get rid of baggage associated with the name, or even changing ...
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COVID-19 and Military Divorce: Unique Circumstances Amid a Pandemic July 22, 2020
The life of a person who serves in our military is already very unique. If you can't yourself among one of our military members then you understand what service and commitment all is about. You have ...
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Harming your child’s relationship with your ex-spouse is not a smart decision to make July 22, 2020
One of the most frustrating things that I have observed in my time as a family law attorney is the tendency for some parents to try and do anything within their power to harm their child’s ...
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What is Considered an Unsafe Environment for a Child? July 21, 2020
If you have children, you may understand what a joy being a parent to a child is. A child’s innocence is one of the purest things in life, and as a parent you would do anything to protect your ...
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How can I keep my child safer with a co-parent in the medical field during COVID-19? July 21, 2020
If you are a person whose child regularly visits with a former partner or ex-spouse who works in the medical field, then you are probably more concerned now than at other times regarding their health ...
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Visitation with your child after a divorce does not have to be a chore July 21, 2020
When you and your child are attempting to adjust to life after a divorce , the toughest part of that adjustment may relate to the visitation sessions that you have with your child throughout the year. ...
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Can a Non-Family Member Get Custody of a Child? July 20, 2020
If you are a person other than a biological parent or adoptive parent who has cared for a child for a period of time you may be wondering what legal rights, you have to that child. These people can ...
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Will I be Able to Meet With my Divorce Attorney During the Coronavirus Pandemic? July 20, 2020
When a person decides to pursue a legal case necessitates representation by an attorney I think the most important step in that process is when the attorney is actually hired. Yes, the actual case ...
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How to show respect for your ex-spouse during visitation periods in Texas July 20, 2020
It may be the farthest thing from your mind at the time of a divorce , but it is important for you to be able to show your ex-spouse respect through how you act in relation to him or her during ...
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Should my Custody Order be Temporarily Adjusted During the Coronavirus Pandemic? July 19, 2020
The question of to what extent a child custody order needs to be adjusted during the coronavirus pandemic is one that our attorneys have been asked about frequently over the course of the last four ...
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Want to make visitations easier for your children after a divorce? Read this blog post July 19, 2020
After having represented many fellow Texans in divorce cases, I can tell you that the number one concern of parents is that they are concerned about the effect of the divorce on their children. How ...
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Daycare Costs During COVID-19 July 18, 2020
One of the topics that I don't think I've ever written on here on our blog is daycare costs. You'd think that somewhere along the line this subject would have come up in relation to a child custody or ...
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Coordinating fruitful visitation sessions for your kids after a Texas divorce July 18, 2020
For the past few days, the attorneys with the Law Office of Bryan Fagan have been sharing with you our thoughts on an important subject- that of visitation with your child after a divorce . Attorneys ...
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How Much Should A Father Pay In Child Support? July 17, 2020
While not only fathers may be ordered to pay child, mothers too may question just how much they are supposed to be paying in child support. If you have been through the Texas family law courts ...
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What Are My Custodial Rights During COVID-19? A blog post for Texas fathers July 17, 2020
Custodial right s are an important aspect of parenting especially during a time like this global pandemic. When we talk about custodial rights, we do not mean only the ability to be in possession of ...
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How make visitation sessions and exchanges run smoothly in your post-divorce life July 17, 2020
Working together with a person that you just spent months getting a divorce from may seem incredibly counterintuitive, but if you and your ex-spouse have children together that is exactly what you are ...
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Does Child Support End if My Child Gets a Job? July 16, 2020
If you are a parent paying child support, it may seem like a burden every month having your wages withheld for child support, especially since there is no way to micromanage how that support is being ...
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Domestic Violence: Stay safe during COVID-19 in Texas July 16, 2020
There are always side effects in collateral damage associated with sweeping changes that occur in our country. The government instituted multiple rounds of state home orders in government shutdowns as ...
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Recently divorced? Here is how to approach issues regarding visiting your child in Texas July 16, 2020
When parents are divorcing the issue that comes up the most is how much time is each party going to have with their children after the divorce concludes. Everything else- property, child support , ...
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Who Usually Gets Custody of a Child? July 15, 2020
If you are a parent going through a divorce you know there are three main goals from a divorce: the division of property, assets, or debts; child custody; and child support. Of these three many people ...
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Rebuild Your Life and Career After a Divorce During COVID-19 July 15, 2020
So, you got divorced during the past few months and are now looking to do a little self-assessment in the wake of the breakup of your marriage. This is not uncommon for people to want to do and you ...
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Does refinancing a home change ownership of it in relation to a Texas divorce? July 15, 2020
Family courts in Texas divorce cases are likely to hold that just because your home was refinanced during the court of your marriage, that does not mean that the house will become a part of the ...
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What Expenses Are Covered By Child Support? July 14, 2020
If you have been ordered by a Texas family law court to pay child support, being informed about everything relating to the child support payments you will be making can save you much hassle. You might ...
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Key Questions You Must Answer Honestly Before You Get a COVID Divorce July 14, 2020
The process of getting a divorce during the COVID-19 pandemic has not changed since the beginning of this year. That may surprise you seeing as how seemingly everything else in our lives has changed ...
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Read this blog post before moving out of the family home in a Texas divorce July 14, 2020
When you sign up with an attorney to represent you in your Texas divorce , it is wise to go to your initial meeting with that attorney carrying questions that you would like answered. A few of those ...
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Four tips for keeping your family intact during the coronavirus in Texas July 13, 2020
I wish I could tell you when this pandemic what's going to come to an end. Not only do I wish that for the sake of your family but for the sake of my family as well. The fact is we're all anxiously ...
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How to plan for what will happen with your marital residence in a Texas divorce July 13, 2020
When it comes to property and assets in a divorce , you are not likely to have a single piece of property that is more valuable than your family home . Determining the value of your home and how to ...
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Is the Coronavirus Affecting Your Divorce? How You Should Handle It July 12, 2020
Since the beginning of the coronavirus pandemic I don't think there is a single area of any of our lives that is not been affected by the virus. It may be that the virus has not personally impacted ...
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Where Bankruptcy and Family Law Collide in Texas July 12, 2020
It is not uncommon to find within a divorce that there are financial issues affecting a family. Those financial problems, depending on their extent, could lead to filing for bankruptcy either by one ...
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COVID-19 And Divorce: Will the Rest of The World Follow China? July 11, 2020
Reports from many areas in China after the outbreak of the coronavirus are that divorces , we're on the rise. I won't get into whether or not to believe reports from China but if it is true that ...
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How is debt handled in a Texas divorce? July 11, 2020
In your divorce debt will either be divided up into the column of community debt or will count as separate debt belonging to you or your spouse individually. The general rule that an attorney will ...
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How to Get a Divorce in Texas during COVID-19 July 10, 2020
Even though it might not feel like it, the world has not come to a complete standstill due to the coronavirus pandemic. While it is true that many of the courts in Southeast Texas are closed down due ...
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How could your divorce impact your estate plan in Texas? July 10, 2020
You and your spouse hopefully each have a will that was created sometime during your marriage. If you have children it is especially important that you have a will drawn up to protect yourself, your ...
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Job Loss & Child Support During Coronavirus July 9, 2020
Unfortunately, the subject of job loss is one that is very relevant right now. What our government officials in Texas and what most officials from around the country implemented at the outset of the ...
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What information do you need to bring to your first meeting with an attorney? July 9, 2020
The best advice I could provide you with on hiring an attorney for your divorce is that it is up to you to learn how to hire a lawyer. Let’s talk a little bit about what I mean when I say that. Yes, ...
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Will Child Support Change During the Coronavirus Pandemic? July 8, 2020
Life is changed a great deal for all of us since the beginning of his pandemic. Everything from how we educate our children, go to work, go to church, and even go to the grocery store have all been ...
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How to plan for a divorce: Advice for everyday Texans July 8, 2020
If you are like most people who are facing a divorce then you are experiencing a complex set of emotions. Sadness, anger, confusion, anxiety and even fear can enter into your mind and fill you with a ...
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Can I Make up Lost Parenting Time due to the COVID-19 Pandemic? July 7, 2020
The question of whether or not it is possible to get back parenting time that you lost during the COVID -19 pandemic is one that we have been hearing a lot of at our office. Due to these unknown ...
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Getting a budget together in preparation for a divorce in Texas July 7, 2020
Have you ever filled out a budget for your family? I get the impression from having represented families in divorce cases that most people do not do a family budget. It would seem to me that the main ...
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Pandemic Shared Parenting 101: What happens if you can’t agree? July 6, 2020
In yesterday's blog post we introduced the topic of coordinating alternatives in visitation schedules during the COVID -19 pandemic. We have seen that the Supreme Court of Texas has stated numerous ...
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Issues related to health insurance and divorce in Texas July 6, 2020
If you are going through a divorce its unlikely that insurance coverage is at the front of your mind as far as concerns that you have heading into your case. That does not mean that health insurance ...
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COVID-19 and child custody access in Texas July 5, 2020
The coronavirus pandemic is one that has begun in March of this year it is still ongoing. This is a virus that we knew relatively little about at the beginning of the pandemic and we know only ...
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What are important topics surrounding insurance in a Texas divorce? July 5, 2020
Divorce will alter your life- both in the immediate and distant futures. The changes that your life will undergo as a result of having gone through it can impact you positively and negatively. ...
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Joint Custody in the Midst of Coronavirus: Be Flexible with Your Ex July 4, 2020
Have you ever been given the advice to walk a mile in another person’s shoes? Usually you are given this kind of advice if you are having a conflict with another person enter having trouble seeing the ...
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Do’s and Don’ts of getting divorced in Texas July 4, 2020
Safety deposit boxes- a story to make you check what is inside Do you rent a safety deposit box at your local bank or credit union? If so, do you know what is inside? Before your divorce begins you ...
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Are Divorce Rates and Custody Issues in Texas linked to COVID-19? July 3, 2020
The collateral damage associated with the coronavirus is certainly a trendy topic to discuss right now. My perception of the situation is that towards the beginning of the pandemic most of us were ...
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Big questions and do’s and don’ts for every person going through a divorce in Texas July 3, 2020
Doesn’t making a mistake just frustrate you to no end? Think about a couple of times in your life where you made a critical mistake that was entirely avoidable. Don’t you wish you could turn back the ...
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Custody in a Time of Crisis: Custody and COVID-19 in Texas July 2, 2020
If you think about all the different times in our lives, we have heard the word crisis being used, this time period of the coronavirus pandemic is the first actual crisis that many of us have ever ...
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Plan for the financial aspects of your Texas divorce by taking things step by step July 2, 2020
Have you ever faced a seemingly insurmountable challenge at some point in your life? Maybe you’ve paid a student loan or a credit card balance in order to meet a financial goal that you had. If you ...
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A child support delinquency in Texas will determine which parent receives a stimulus check July 1, 2020
I'm sure most of you remember back in March and early April how legislation was passed by Congress which allowed for stimulus payments to be sent to most Americans who earned under $200,000 as a ...
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Retirement planning in a Texas divorce: a quick checklist to prepare for your case July 1, 2020
Have you been saving diligently for retirement since you first started working? You’ve probably given up a lot of immediate gains in the form of nights out, expensive clothes or a flashy car in favor ...
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Can’t pay your Texas child support because of coronavirus? June 30, 2020
One of the many impacts of the coronavirus this past year has been a government LED shutdown of the economy. Originally, the idea for the shutdown as I'm sure we all remember was to flatten the curve ...
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What do you need to include on a pre-divorce checklist in Texas? June 30, 2020
Have you started thinking about a divorce from your spouse? What sort of plan(s) do you have in mind as far as collecting information and figuring out what you want to see happen in regard to your ...
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Child abuse and neglect on the rise and harder to detect during COVID-19 June 29, 2020
Child abuse and neglect are two of the most difficult topics to discuss in relation to Texas family law. Divorces and child custody cases are the most frequent types of family law matters not a lawyer ...
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Planning a divorce means making your list (and checking it twice) June 29, 2020
Those who fail to prepare are preparing to fail. That is what I tell people that are, like you, considering a divorce from their spouse. Whatever your specific circumstances are, no matter how unique ...
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Child Abuse and the Texas Stay at Home order June 28, 2020
In attempting to restrict the spread of the coronavirus many counties in Texas initially encouraged staying at home. The various stay at home orders that were implemented impacted families beyond ...
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Getting a divorce when you have children but no legal representation in Texas June 28, 2020
In the event that you and your spouse are getting a divorce and you are not represented by an attorney then today’s blog post should be helpful to you. In most divorce decrees a parenting plan will be ...
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Supporting your child’s emotional well-being during a pandemic June 27, 2020
I think a valid reaction to the title of today's blog post maybe how can we concern ourselves with supporting our child's emotional well-being during this pandemic when we have problems caring for our ...
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Finalizing and completing your divorce as a pro se party in Texas June 27, 2020
Making the decision to move forward with a divorce in Texas without representation by an attorney can be a risky and difficult decision to come to. You are attempting to accomplish something that is ...
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What to do if your co-parent isn’t having your child wear a mask? June 26, 2020
Topics related to the coronavirus such as mask wearing, and social distancing are all difficult for an attorney to write about. Yes, they do relate to parenting, co-parenting and other custody issues ...
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Where do you go and what do you do in order to file a petition for divorce in Texas? June 26, 2020
Filing for divorce is a concept that anyone who has been around the world of family law is aware of. Even someone like you who is not an attorney and probably has little to no experience in the law ...
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What is Mediation and How Can it Help Me? June 25, 2020
Before turning to a court to litigate legal issues people will attempt to use an alternative dispute resolution, which just means they will try to resolve their disputes outside of court. There are ...
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Texas co-parents can lead their family in the right direction in spite of the pandemic June 25, 2020
When you became a parent nobody ever told you that raising a child was going to be easy. The fact of the matter is that parenting is tough. The kids don't come with instruction manuals as you've ...
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Preparing legal documents in a Texas divorce: A guide for those representing themselves June 25, 2020
Going into a divorce case without an attorney is typically not a good idea. There are risks associated with the divorce process that are important to be aware of. Even having an attorney cannot ...
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What Do Courts Look At When Deciding Custody? June 24, 2020
In Texas, custody is called conservatorship and its framework is defined in Chapter 153 of the Texas Family Code. There are two main types of conservators called managing conservators and possessory ...
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Social distancing and Co-parenting: What to do if your Co-parent refuses to obey social distancing orders June 24, 2020
In the beginning of this pandemic, when stay at home orders were in place it was much easier to keep tabs on your child and their physical movement. For the most part, we were all stuck at home and ...
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Representing yourself in a Texas divorce: What to do and why you may not want to June 24, 2020
If you are moving towards a divorce with your spouse there may be two situations that impact your family that have led you towards the belief that you are capable of representing yourself in the ...
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Can a Child be Forced to Visit a Parent? June 23, 2020
If you are a parent going through a divorce or child custody case, having orders in place regarding your children is important if you are attempting to exercise child visitation rights. Too often ...
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Virtual mediations in Texas in a post COVID-19 world June 23, 2020
Whether we like to admit it or not, there will inevitably be changes that occur in our world as we deal with the effects of COVID -19. Nobody can say for certain how long the virus will be with us or ...
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What can a court do in response to a petition to lift a geographic restriction in Texas? June 23, 2020
For the better part of a week, the Law Office of Bryan Fagan has posted blogs that center around the subject of lifting a geographic restriction in Texas. The process that is involved with doing so, ...
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Advice for divorcing spouses during lockdown June 22, 2020
Our lives had become a little bit more complicated over the past three months due to the coronavirus and the government LED shutdowns of the economy that were implemented in order to flatten the ...
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Trying to prevent a geographic restriction from being lifted in Texas? Read this blog post June 22, 2020
If you are a parent who is trying to prevent an ex-spouse from lifting a geographic restriction in your Texas family law case, then today’s blog post is for you. The information that we are going to ...
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3 Tips for Successful Co-Parenting During COVID-19 June 21, 2020
If you have ever gone through or are going through a divorce in Texas than you almost assuredly have heard the term “ co-parenting .” This is one of those words that you wouldn't hear anything about ...
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Interested in having a geographic restriction lifted in Texas? Read this blog post to learn how June 21, 2020
If you have not been keeping up with our blog posts in the past few days, let me bring you up to speed with where we left off yesterday. I presented you with a hypothetical situation that involved you ...
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Recovering from divorce in Texas during COVID-19? June 20, 2020
Since the beginning of the COVID -19 pandemic, our lies have seen changes that we would have never thought possible in prior years. Even if you don't know anyone who has contracted the virus or lost a ...
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Issues related to lifting a geographic restriction in Texas June 20, 2020
With families moving more now than seemingly ever before, I think it is relevant for us to continue the discussion that we have been having the past few days related to the lifting of geographic ...
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Behind on child support payments? Your stimulus check could be affected June 19, 2020
As a result of federal legislation that was passed into law in late March, most American families became eligible for federal stimulus payments. These payments essentially act as advances on your 2020 ...
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Relocation issues related to children and post-divorce life in Texas June 19, 2020
Let’s pick up where we left off in yesterday’s blog post from the Law Office of Bryan Fagan . First, if you have not read yesterday’s blog post I would recommend that you do so. It contains a lot of ...
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What is the Difference Between a Protective Order and A Restraining Order? June 18, 2020
A protective order and a restraining order are both similar in that they are orders that must be signed and approved by the Court. They offer protection to people but are often used interchangeably. ...
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How to interview a Texas family law attorney during the COVID-19 pandemic June 18, 2020
The COVID -19 pandemic has forced many people to have to adjust their lives, both personal and professional, to be able to continue on with their lives despite the many changes that our society has ...
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On the move after your Texas divorce? Be sure to read this blog post first June 18, 2020
If you are like any number of people who have gotten a divorce in recent years in Texas, you have contemplated moving from your current area in order to make a new start for yourself in another ...
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What is standing and how does it apply to your Texas family law case? June 17, 2020
In the world of family law , standing is a concept that is involved with most every sort of case that goes before a court. A court has no authority to decide your case if you and/or the other party do ...
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What are the 4 types of child neglect? June 17, 2020
The beginning years of a child’s life are the most important for their development. Therefore, the Texas Department of Family and Protective Services (DFPS) through the Child Protective Services work ...
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Family violence in Texas during the COVID-19 pandemic June 17, 2020
In addition to the health concerns that are most prevalent associated with COVID -19 there are additional concerns related to domestic violence that some people will unfortunately have to endure ...
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Adultery: What Counts as Infidelity? June 16, 2020
If you are considering filing for divorce on the grounds of infidelity, it is important to know what effects and burdens that can have on your Texas divorce case. Texas is considered a “no-fault” ...
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Preparing for a hearing in which a protective order has been requested in Texas June 16, 2020
Once you have applied for a protective order , the next step would be the setting of a hearing date. The time, location and date of that hearing must be made known to the person against whom the ...
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Do I Need to Hire a Divorce Attorney? June 15, 2020
Many potential clients I have met with all come in with the assumption that their divorce will be easy, or there is not anything to fight over. Most come to try and get advice on how to kick start ...
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Can my 10 year old decide who they want to live with? June 15, 2020
Many parents going through a family law case will find the biggest issue comes from determining what parent the children will live with. There may be disagreements over which parent is fit enough to ...
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Grandparent rights cases in Texas during the COVID-19 pandemic June 15, 2020
Some of the most rewarding cases that the attorneys and staff with the Law Office of Bryan Fagan get to work on are those involving grandparents and their relationships to their grandchildren. As a ...
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How protective orders and family violence can impact your Texas family law case June 15, 2020
If you or a member of your household has been the victim of an act of family violence , or fear that you will become a victim, there are steps you can take to protect yourselves. The first step would ...
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Modifying a family court order during the COVID-19 pandemic June 14, 2020
While many areas of our lives have been impacted or restricted during the COVID -19 pandemic I can tell you that one area of life that is still pressing on despite the challenges is the legal system. ...
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Tips for answering questions in a Texas family law deposition June 14, 2020
Do you need help in how to approach an upcoming deposition in your family law case? Have you filed for divorce and are wondering about what may come next? Then you have come to the right place. A ...
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How to approach a deposition in a Texas family law case June 13, 2020
So you’ve filed a divorce case in Texas and have gone about serving your spouse, filing all the paperwork and going about the business of trying to finish the case. Things are motoring right along ...
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What steps can you take at home to protect your child during the COVID-19 pandemic? June 13, 2020
The COVID-19 pandemic is one of those topics that impacts people from one corner of the globe to the other. When we look back on the situation in the future, I believe that we will see more news was ...
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Potential family law problems to avoid during summer visitation in Texas June 12, 2020
As we head into the summer months of family law attorney understands that their clients will be facing challenges that they have not seen during a school year. Many of you reading this blog post have ...
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How can spousal maintenance be terminated or modified in Texas? June 12, 2020
If you are a person who is obligated to pay your ex-spouse a certain amount of spousal maintenance for a certain amount of years, today’s blog post may be of interest to you. The reason being is that ...
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Summertime visitation in Texas during the COVID-19 pandemic June 11, 2020
The attorneys and staff with the Law Office of Bryan Fagan hope that you and your family have been healthy and safe during the coronavirus crisis. While many businesses are opening themselves back up ...
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What factors will a Texas judge look at when deciding whether to award spousal maintenance? June 11, 2020
In the event that you qualify for spousal maintenance in your Texas divorce , a judge will then have to decide how much money you should be paid on a monthly basis by your ex-spouse. Other relevant ...
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Can My Ex Deny Custody Time Because of COVID-19? June 10, 2020
The COVID-19 pandemic has had dramatic impacts in the world of Texas family law . So much of child custody , child support , possession and visitation rely on predictable routines. These routines ...
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Temporary Spousal Support, Alimony and Contractual Maintenance in Texas divorce cases June 10, 2020
For many years, Texas was the only state in the United States that did not allow courts to order one spouse to pay the other spouse money for their support. However, as of about 25 years ago that came ...
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How does my divorce effect my stimulus check? June 9, 2020
We are approaching the three month anniversary of the economic stimulus having been made into law by Congress. This aid package was intended to act as a life preserver for struggling families and ...
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What happens if your spouse doesn’t pay a credit card bill after your Texas divorce? June 9, 2020
Part of why a divorce is so difficult is because you are relying upon your spouse (and eventually your ex-spouse) to both cooperate with you and also abide by the terms of your divorce decree . ...
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Co-Parenting and COVID-19: Best Practices During Trying Times June 8, 2020
When it comes to managing your family life during the COVID -19 pandemic, at this stage you have probably figured out what it takes to succeed. If I were to have written this blog post in March the ...
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What financial issues may surprise you in a Texas divorce? June 8, 2020
There are a lot of issues related to money that you will come across in a Texas divorce. Divorce is a business transaction at its heart. True, you are dealing with emotions, family issues and children ...
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Can I Get Divorced During the COVID-19 Pandemic? June 7, 2020
The title to today’s blog post asks a pretty straightforward question: are you able to get a divorce during the COVID -19 pandemic? That question begs for a yes or no answer. In fact, it can be ...
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How is credit card debt handled in a Texas divorce? June 7, 2020
Sharing a credit card with your spouse is something that many married people do. However, the debt that can be accumulated on a card often finds itself at the center of a divorce case. If you are ...
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Divorce and Coronavirus in Texas: Living with Uncertainty June 6, 2020
Uncertainty seems to be the word of the day, month and year for 2020. We are so uncertain about so many different things that we barely know where to begin. For instance, we are obviously uncertain ...
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Finishing off your Texas divorce the right way June 6, 2020
So you have finally made it to the end of your divorce . It has taken a great deal of effort and time. You’ve had to miss some time from work and have had to pay an attorney some money to help guide ...
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Marriage During the COVID-19 Quarantine: 6 Survival Tips for living together 24/7 June 5, 2020
The COVID -19 quarantines have inspired closures of businesses and government offices, places of amusement and places of, well, not amusement (like the courts!). We have determined that the best way ...
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Agreed temporary orders in a Texas family law case June 5, 2020
Prior to even arriving at the temporary orders hearing in your family law case, you and your attorney will have discussed the goals that you have in relation to that hearing. Every case is different ...
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Dealing with closed courts and remote hearings during COVID-19 June 4, 2020
One of the realities of the COVID -19 pandemic is that we are no longer able to take advantage of the conveniences that we previously had at our fingertips. When my wife and went on our honeymoon ...
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Issues in Texas family law you need to be aware of before your case begins June 4, 2020
In yesterday’s blog post from the Law Office of Bryan Fagan , we introduced the topic of issues related to Texas family law cases that are at the core of most every child custody or divorce case and ...
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Losing child custody during COVID-19 June 3, 2020
The topic on all of our minds right now is that of the COVID -19 pandemic. We all have our own opinions on the issues surrounding the virus and I am not too keen on discussing those in depth right ...
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Have a family law related problem in Texas? Here is some useful information for you June 3, 2020
Common Law Marriages I speak to potential clients with regularity who tell me that they are involved in a common law marriage . However, it seems like each person defines what a common law marriage is ...
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Can COVID-19 Affect Child Custody in Texas? June 2, 2020
The question of whether or the COVID -19 pandemic is one that is important to many families in southeast Texas. If you have recently gone through a family law case, or were in the middle of one when ...
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What are temporary restraining orders and temporary orders in the context of a Texas divorce? June 2, 2020
Have you filed for divorce but are unclear about what the next steps are? Or have you been served with divorce papers from your spouse but haven’t heard back from your spouse’s attorney? Today’s blog ...
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COVID-19 and its Impact on child support and alimony in Texas June 1, 2020
Many of the blog posts that we have been writing the past few days have dealt with the intersection of family law and COVID-19 . By now we are all familiar with the pandemic that has seemingly ...
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What to do when you don’t want to get divorced, but your spouse does June 1, 2020
We all know that there are some parts of life that are unpleasant. These are things that we can anticipate happening even if we don’t know exactly when they will occur. Events like the passing away of ...
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COVID-19's impact on filings & modifications in Texas family courts May 31, 2020
The COVID -19 pandemic has been one that has turned our lives upside down. I can’t imagine that there is a person in our state, country or world whose life has not been impacted by this virus in some ...
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Here is how you write a great post-nuptial agreement in Texas May 31, 2020
Like any other legal document, there are certain requirements that must in place for a postnuptial agreement to be effective. The Texas Family Code defines many of those requirements. In addition, ...
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Child Custody and Visitation During Covid-19 - Avoiding Contempt and Parental Alienation May 30, 2020
There is a dynamic that exists in most every child custody case that is filed in Texas or any other state for that matter. The dynamic is this: one parent identifies a problem and then sets out to ...
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What are some signs that your spouse may be defrauding you? May 30, 2020
Fraud is a very real concern for many people going through a divorce in Texas. Fraud typically refers to when a spouse hides or secrets assets from you or otherwise does things against your interests ...
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What should Texas parents be doing during the COVID-19 pandemic? May 29, 2020
If you are a regular reader of the Law Office of Bryan Fagan ’s blog , then you probably are familiar with the type of blogs that we produce. Typically, we will write about a very specific area of ...
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What is financial fraud and how can it impact your Texas divorce? May 29, 2020
Do you and your spouse speak to one another on a regular basis about your finances? I don’t mean disagreements about how money is spent or complaints about less and less income coming into the house. ...
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Financial fallout of COVID-19 for persons involved in Texas family law cases May 28, 2020
When we consider the lengths to which we have curtailed our normal behavior in hopes of limiting the transmission of the coronavirus , the main motivation for doing so is to protect our collective ...
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Identify your post-divorce priorities to achieve success in your Texas divorce May 28, 2020
In yesterday’s blog post we discussed the importance of collecting financial documents early and often in your Texas divorce . I said that as soon as you know that you will be getting a divorce that ...
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Top 5 Mistakes when facing divorce of modification during COVID-19 May 27, 2020
Whether you are in a situation where a divorce or modification is on the horizon in your life, you need to know that your future case’s success just as much on what you don’t do as it does on what you ...
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The more you know about your finances the better your divorce will go May 27, 2020
You should start to gather financial statements and documents as soon as you know you are getting a divorce . If you are in the planning stages of your case you should start to pull documents from ...
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Texas Coronavirus & Child Custody Plans: Answers To Your Urgent Questions May 26, 2020
As a parent, you are concerned about coronavirus and want to do everything possible to safeguard your kids — and yourself — from this fast-spreading health risk. But as a divorced co-parent, you also ...
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Texas School Closures: Is Your Parenting Time Plan Ready For COVID-19? May 26, 2020
You probably did not anticipate that your parenting plan contained within your final decree of divorce was going to be put to the test by a virus from the other side of the world. The fact is that if ...
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Over 50 and getting divorced? Avoid these three problems to achieve a successful divorce May 26, 2020
Do you live on a budget ? This may not have been a question that you expected a family law attorney to ask but I think it is important for any person going through a divorce to ask themselves. I think ...
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Getting Divorced During The Coronavirus Outbreak? 3 Things To Know in Texas May 25, 2020
Texas has declared a state of emergency over coronavirus (COVID-19) and its potential impact in the state. If you are considering a divorce, or have a divorce case currently progressing through the ...
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Finances and Divorce for Texans over the age of 50 May 25, 2020
For whatever reason, people seem to be getting divorced at a higher rates into their 50s and even later. I’ve not conducted any scientific studies on this subject but from my personal experiences as a ...
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Getting Divorced During the Coronavirus Outbreak? 3 Things to Know May 24, 2020
Making the decision to move forward with a divorce can be the most challenging position that you will ever find yourself in. Ending a relationship that has marked an extended period in your life and ...
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Trying to make it as a single parent after your divorce? Read this blog post to learn how May 24, 2020
If you are getting a divorce and have a child, by definition, you will be a single parent for at least a period of time. In fact, the fastest you can re-marry after your divorce is thirty days. For ...
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Coronavirus & Child Custody Plans in Texas May 23, 2020
Being aware of the coronavirus and the risks it presents to you and your family is important. We are fortunate to live in an age of the internet and information on demand. Hopefully you have been able ...
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What do you want to get out of settlement negotiations in your Texas divorce? May 23, 2020
What kind of shopper are you? Do you go to the store with a list of items you need to purchase? With the list out, the moment you walk into the store you go right up to the items that you need and ...
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COVID-19 Update: How do you file for a domestic violence restraining order in Texas? May 22, 2020
One of the many side-effects of the national shutdown of the economy is that we all have been spending a lot more time at home. For some of us that meant that we would have the opportunity to be with ...
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Do you know what can be divided in a Texas divorce? May 22, 2020
What you don’t know can hurt you. If you are going through a divorce in Texas there is a lot of information that you need to be aware of. Yes, if you hire an attorney it is their responsibility to ...
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Parenting plans in Texas during the coronavirus pandemic: What you need to know May 21, 2020
In the age of the coronavirus pandemic, it is important for you to understand that your family law needs can still be met by the legal community. If you are pondering a divorce , child custody case or ...
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The role of negotiations in a Texas divorce May 21, 2020
Do you feel like you can talk to your spouse about important issues? Odds are if you are reading this blog post about divorce on a family law attorney’s website, the answer to that question is no. You ...
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Summer Break, COVID-19 and possession of children in Texas May 20, 2020
Summer Vacation plans have changed for many families in our area as a result of the COVID-19 pandemic. Even if initial projections dramatically overestimated the impact of this virus on country and ...
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How to organize yourself, your life and your case during a Texas divorce May 20, 2020
Think about the most recent times of your life where you have been stressed out. What have been some of the common issues surrounding those times? Have you been busy? Have you been worried? Were you ...
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The effects of COVID-19 and child custody in Texas May 19, 2020
The impacts of the coronavirus or COVID -19 are far reaching beyond public health. Every area of our lives has been impacted by either the virus itself or our government-led response to the virus. At ...
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Wondering what to do with your house in a divorce? Why not wait to make a decision? May 19, 2020
Depending on the circumstances of your case it may be advantageous for you and your spouse to not do anything at the moment your divorce is finalized. This generally goes against a piece of advice ...
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The Law Office of Bryan Fagan is Providing Digital and Phone Consultations To Combat COVID-19 Concerns May 18, 2020
The Coronavirus Disease 2019 (COVID-19) continues to present unforeseen and ever-changing challenges for many of our clients on a daily basis. The Law Office of Bryan Fagan has been and continues to ...
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Own a home and going through a Texas divorce? Learn your options in this blog post May 18, 2020
Your largest investment. Your largest asset. Where your children grew up. Where memories have been made. The site of marital problems. Where you and your children sleep at night. Your family house is ...
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What will the impact of the coronavirus be on Houston family court hearings and trials? May 17, 2020
The question on everyone’s mind these days is: when will life get back to normal? We’ve been living under various forms of stay at home, shelter in place, travel restrictions and other limitations to ...
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What you don’t know about your spouse’s finances can hurt you in a Texas divorce May 17, 2020
If you and your spouse are either moving in the direction of a divorce or are already going through a divorce, I want to ask you a question: what do you know about your spouse’s financial situation. ...
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Will there still be family court hearings and trials in Houston area courts in the state of disaster? May 16, 2020
The world as we knew it came to a screeching halt in the middle of March due to the COVID-19 pandemic. In a world where we were all moving so quickly before, a virus has caused us to reassess ...
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Avoid financial mistakes in your Texas divorce by remembering these tips May 16, 2020
It is easy to make a mistake in your divorce case. There are many opportunities to do so and their potential impact can be dramatic. When it comes to your finances, a divorce has the ability to either ...
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What can Texas parents do regarding the exchange of children under a Texas standard possession order during the COVID-19 pandemic? May 15, 2020
With schools across our state closing their doors until the fall (at least), many parents in our area have had questions regarding how to proceed with the pick-up/drop off schedules that are contained ...
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Mistakes related to finances that can ruin your Texas divorce May 15, 2020
Before we dive into a handful of avoidable mistakes that can ruin your divorce case, I wanted to talk to you for a moment about the importance of coming up with a budget for your post-divorce life. ...
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Divorce from a financial perspective: How to ready yourself and your family for what is to come May 14, 2020
When you go through a divorce it is essential that you be able to organize your financial documents, make decisions that are practical and sensical from the perspective of your money and create a plan ...
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How High-Conflict Co-Parents Can Get Their Kids Through The COVID-19 Emergency May 13, 2020
The Covid-19 pandemic is one that has brought about a high degree of fear and stress for families in our area and around the country. More than the disruption to our normal way of life, the problems ...
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Co-parenting after a divorce: Can it be done? May 13, 2020
Many parents who go through difficult divorce cases spend the entirety of that divorce constantly going through all of the problems that their spouse has caused. Whether they are problems related to ...
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Co-parenting made easy (well, easier, at least) in Texas May 12, 2020
If you are in the midst of a difficult Texas family law case then you are likely to have a lot of things on your mind currently. First and foremost you are worried about your children. How are they ...
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Family Law Answers to Coronavirus Custody & Divorce Questions May 12, 2020
As the coronavirus continues to progress (hopefully) towards a conclusion, many people have questions about their family law related matters. Living under family court orders can be difficult enough ...
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Family Law Answers to Coronavirus Custody & Divorce Questions May 12, 2020
As the coronavirus continues to progress (hopefully) towards a conclusion, many people have questions about their family law related matters. Living under family court orders can be difficult enough ...
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Technology, social media and cell phones: Divorce with children in the 21st century May 11, 2020
If you have a child over the age of five he or she is likely as knowledgeable of the digital world as you are. These kids seem to be learning from friends, family and their schools more and more about ...
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The relationship between pets, children and divorce in Texas May 10, 2020
Are you under the age of thirty and going through a divorce? What about over the age of 55 and divorcing your spouse? These two groups- millennials and older adults- are more likely than other groups, ...
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The right of first refusal in a Texas family law case May 9, 2020
In yesterday's blog post from the Law Office of Bryan Fagan , we introduced the topic of the right of first refusal . You can look at that phrase a handful of times and you probably won't figure out ...
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Covid-19 Coronavirus Impact on divorce and child custody in Texas May 8, 2020
As if any of us needed one more thing in our lives to cause stress and disruption, the coronavirus came swooping in during the month of March and sort of knocked us for a loss. I hope that you and ...
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Making educational decisions for your child in the wake of a Texas divorce or child custody case May 8, 2020
It is not always a given that you or your child’s other parent will be awarded the right to determine the primary residence of your child in a child custody or divorce case. For the past ten years or ...
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How does the Stay Home Stay Safe order affect possession exchanges? May 7, 2020
The month of April saw changes occur to our daily lives that many of us (myself included) would have thought to be impossible had it not actually happened. The way we make a living, the activities we ...
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Create your solutions to your Texas family law problems May 7, 2020
Do you think that your circumstances are so unique that nobody else could know what you're going through? Are the problems of your family so unique that the one size fits all solutions that you've ...
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Post high school life for an adult disabled child in Texas May 6, 2020
Judges know that your child will be living at home with you until he or she graduates from high school- at the absolute earliest. Most kids have needs are fairly limited. They live in the same house ...
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Special Needs Trusts: What they are and how they can impact your Texas divorce May 5, 2020
Special needs trusts are designed to hold onto assets of a person who is receiving governmental benefits like Supplemental Security Income ( SSI ) and Medicaid. Whatever assets are held in the trust ...
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What should parents do about exchanging their children under a Texas standard possession order when school is not in session due to COVID-19? May 5, 2020
This is a question that the family law attorneys with the Law Office of Bryan Fagan have been receiving with great frequency since the middle of March. Most family court orders in Texas determine ...
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How much child support can you receive in Texas for a disabled child over the age of 18? May 4, 2020
It is not necessarily only one parent that could be ordered to pay child support for an adult disabled child in Texas. The Texas Family Code allows for you, your child’s other parent or both of you to ...
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Child support for special needs children in Texas May 3, 2020
For the most part, a parent can only be ordered to pay child support for a limited amount of time. Usually, the extent of those limits begins at the time that a court order is instituted by a judge ...
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What happens if a parent cannot travel or does not follow the court approved possession schedule in Texas? May 2, 2020
As a parent who has gone through or is going through a family law case in Texas, you are aware of the difficulties associated with taking advantage of every opportunity available to you for spending ...
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Leave your divorce in the past: Tips to seek out during and after a Texas divorce May 2, 2020
Have you ever had something bad happen to you, and for a while after it occurred you cannot seem to get over it? You think about it all the time. You talk to other people about it. You look through ...
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What actions should you avoid concerning your children and divorce in Texas? May 1, 2020
Before you begin your divorce it is wise to consider how you are going to parent your children during the case. There isn't much information out there that touches on this subject (at least that I ...
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Focus on potential mistakes to avoid a bad divorce in Texas April 30, 2020
Divorces are tough. There are so many aspects of a divorce case that you would have difficulty controlling even half of all the circumstances that are in play. However, you will still have control ...
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Sheltering-in-Place and Intimate Partner Violence: Seeking Help During an Emergency April 29, 2020
There are sometimes unintended consequences that are associated with the decisions that we make. This is true in our personal lives. If you decide to go to a restaurant for lunch that has a long wait ...
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Avoid mistakes and find success in your Texas divorce April 29, 2020
What can you do to give yourself a leg up in your divorce case? Are there any simple actions that you can take to benefit yourself and your family? What if I told you that the answer to these ...
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What to focus on during a divorce in Texas April 28, 2020
In yesterday's blog post from the Law Office of Bryan Fagan , we introduced a topic that I hope will be helpful to just about all of you. That is, I wanted to share some basic tips to improve your ...
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Roadmap your way through a successful Texas divorce April 27, 2020
Sometimes when we go through difficult times in our lives, we get the idea that there is nobody else out there who understands what we are going through. It is in this isolation that we withdraw from ...
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Parental alienation: What it is and how it could affect your Texas family law case April 26, 2020
Are you going through a difficult circumstance with your family right now? Does it look like you are going to get a divorce or will need to go back to court for a child custody related matter? If so, ...
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Interested in getting a Texas divorce? Learn the paths your case could take before you begin April 25, 2020
Would you go on a trip to Florida without knowing how to get there? Imagine jumping in the car for a long road trip and having no idea what roads to take how long the journey is going to last. That ...
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Harris County’s Stay at home order does not affect exchanges of children April 24, 2020
Regular custody arrangements are what you and your children have come to expect since your prior divorce or child custody case. The court orders that your family is operating under are likely very ...
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What are the different methods of getting a divorce in Texas? April 24, 2020
When you file for divorce in Texas your goal is the same as every other person who has ever done that: to get divorced. However, there is more than one path that you can take to get divorced. What you ...
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Job loss and Child Support in Texas during the coronavirus April 23, 2020
Whether we are in the middle of a virus pandemic caused by the spread of the coronavirus or are just in tough economic times, the loss of your job does not mean that you can stop paying child support ...
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Military disability pay in a Texas divorce case April 23, 2020
One of the great parts of being a Texan is that we can have so many veterans in our communities. These brave men and women have sacrificed for the good of our nation, and the rest of us are forever ...
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Divorce COVID style- Why you should consider a collaborative divorce April 22, 2020
You haven’t been living under a rock for the past six weeks, so I know that you are aware of the mass shutdowns, quarantines and social distancing orders that are in place due to the coronavirus ...
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How to effectively utilize social media and text message evidence in a Texas divorce trial April 22, 2020
So here you are, ready to begin your divorce trial . The past few months have been not all that great for you or your family but you've finally made it to the end. What happens over the next day or ...
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Social Media and Text Messaging: How technology impacts the evidence in a family law case April 21, 2020
Towards the end of yesterday's blog post from the Law Office of Bryan Fagan , we began talking about two of our favorite things as a society: text messaging and social media. I don't say that ...
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Therapists, Counselors, Social Media and Text Messaging: How they relate to your Texas divorce April 20, 2020
Does your child see a counselor or therapist? If this question were asked twenty years ago the answer would almost certainly be, "No." However, in recent years it seems that more and more children are ...
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Spousal maintenance: What you need to know in a Texas divorce April 19, 2020
Are you about to start a divorce but have no clue about spousal maintenance ? Have you talked to family members who live in other states about divorce subjects like alimony? What these folks may have ...
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Sweeping the corners of your family law case: What about gifts and loans in Texas divorces? April 18, 2020
If you have ever gone through a divorce or have known someone who has gone through a divorce then you likely are aware of at least some of the issues relevant to that type of case. The children, the ...
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Interested in how to pull equity out of your family home after a divorce? Read this blog post April 17, 2020
At the conclusion of yesterday’s blog post from the Law Office of Bryan Fagan we discussed just how you and your spouse may be able to pull equity out of your house to satisfy the orders of your Final ...
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Texas Family Courts and Exchange of Children during COVID-19 State of Disaster April 16, 2020
It is understandable if you don’t know where to begin with this COVID-19 /Coronavirus pandemic. I like to compare life to baseball. For the most part, our lives are pretty mundane and predictable. We ...
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Do you owe money on your mortgage with a spouse? How this is relevant in a Texas divorce April 16, 2020
This is an issue that I think is relevant to most people going through divorces . I'd say the vast majority- 75% or greater- of people going through a divorce own home with their spouse. Even in ...
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Valuing the family home in a Texas divorce April 15, 2020
If someone were to stop you on the street and ask you where a person should look to determine the value of their home, what would you say? I'm willing to bet that you would say the same thing as I ...
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Do you have coronavirus related problems? Read this blog post for solutions April 14, 2020
With so much of our news media focusing on hypothetical situations that involve extremely complicated sets of data and models to interpret that data, I wanted to put out some content that may actually ...
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What about the house? Community versus separate property in a Texas divorce April 14, 2020
Your home is a huge asset for you and your spouse in a Texas divorce - in most cases. Assuming that you own some amount of equity in the home then how it is characterized in the divorce will be ...
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Coronavirus and your Texas family: What you need to know April 13, 2020
If you began the month of March with an active family law case in Texas, or were at least contemplating the start of one, then you are aware of what the Coronavirus/COVID-19 pandemic has done to the ...
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Should you leave your family home before starting a Texas divorce? April 13, 2020
So much of a divorce boils down to strategy. What do you want to do with your money? What do you want to do with your property ? What do you want to see happen with your children? These are all ...
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What will happen with your family home in a Texas divorce? April 12, 2020
Your home is likely to be the largest single investment that you ever make in your life. While you may have retirement funds and other investments that have grown to be worth more than your home over ...
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What sort of third party claims can be brought in Texas divorce cases? April 11, 2020
In yesterday's blog post from the Law Office of Bryan Fagan , we introduced the topics of fraud , waste and community property division. These are important subjects that have the potential to ...
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Community property issues in Texas divorces: Wasting of assets by spouses April 10, 2020
Texas is a community property state. This means that if you and your spouse were to get a divorce the laws of community property would dictate how your property is divided upon completion of your ...
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What is a reimbursement claim and when to pursue one in a Texas divorce April 9, 2020
When I work with clients going through divorce cases I find that reimbursement claims are the most difficult to describe. When something is difficult for an attorney to describe to a client then you ...
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What about your kids? What you need to protect as your children deal with divorce April 8, 2020
It is natural to be concerned with the well-being of your children as you begin a divorce case. In many ways, you may even be telling yourself that you are divorcing your spouse to provide some ...
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Divorcing in Texas? Know how to protect yourself and your family by having proper insurance April 7, 2020
Of all the topics in the world that I could think to write about, I can’t think of many that are less exciting than divorce and insurance . Imagine yourself at a party and think of what the person ...
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Can a Texas family court reduce an above guidelines child support obligation in an out-of-state Order? April 6, 2020
One of the cool parts of being a family law attorney with the Law Office of Bryan Fagan is that there is never a dull moment. There are always unique people with unique circumstances who walk through ...
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Insurance issues related to Texas divorces April 5, 2020
In the context of a divorce case, most people think primarily about the areas of their lives that stand to make them money. These are investments, their place of employment, and their home. Income ...
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Car problems in a Texas divorce? Read this blog post to gain some peace of mind April 4, 2020
Are you concerned about how your vehicle will be handled in conjunction with your Texas divorce ? If you don't know quite how you and your spouse are going to sort out issues related to your vehicle ...
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Car questions regarding your Texas divorce? Ride over here for some answers April 3, 2020
Americans, and Texans, in particular, love the open road and automobiles. Cars, trucks, etc.- it has a motor and four wheels, odds are we have driven one that has created memories for us. As Texans, ...
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Read this blog to learn the basics of Texas family law before interviewing attorneys April 2, 2020
The title to today’s blog post may have caught some of you by surprise. Most folks don’t think that they are interviewing attorneys when they find themselves wanting to start a family law case. I get ...
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Got questions about Texas divorces? We've got the answers you need to know April 1, 2020
Whether you are curious about divorce in Texas and are just wanting to learn more about the process or are about to start interviewing attorneys, it is wise for you to know as much as possible about ...
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Answers to the most frequently asked questions about Texas family law March 31, 2020
If you are preparing for a family law case of any kind, the decision that you make regarding what kind of attorney to hire for representation is crucial. Not all attorneys are created equal and it is ...
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Texas Family Law Fundamentals: What you need to know and why you need to know it March 30, 2020
Not every attorney has experience practicing every kind of law. For instance, I do not know patent law. I've never tried a medical malpractice case. If you asked me a question about secured ...
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How to get through back to school time in Texas with your ex-spouse March 29, 2020
There are not too many times in your life or your child's that are more stressful than back to school time. New friends, new schedules, new school, greater expectations and making good grades face ...
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How may your children react to your divorcing their narcissistic father? March 28, 2020
As a father of two girls, I think that there is no more special relationship than that of a father and daughter. I may be biased, but I think that fathers are in a position that mothers are not, as ...
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How to deal with a narcissistic father in a Texas divorce March 27, 2020
If you are married to a man who has not always taken his responsibilities as a father seriously, then today's blog post is for you. Fatherhood is something that mothers and fathers alike can take for ...
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Stay focused on your goals during your divorce from a narcissist March 26, 2020
Do you ever get distracted at work? I think we've all been in a position where we had one, big goal that we wanted to accomplish on a certain date that had to get done. We planned our schedule to ...
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Don’t let your narcissist spouse take you for a roller-coaster ride during your Texas divorce March 25, 2020
All marriages have their ups and downs. Even spouses who share great marriages will tell you that not every season of their lives was just the best time in the world. Good times and bad times are a ...
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Anticipate what your narcissist spouse will do concerning your Texas divorce March 24, 2020
Let’s assume a hypothetical situation to begin today’s blog post from the Law Office of Bryan Fagan . You and your spouse were married for 18 years before you asked for a divorce. The marriage had ...
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Concerned about co-parenting after a divorce with a narcissistic ex-spouse? Read this blog post March 23, 2020
You may be surprised to learn that not every attorney or every judge in the state of Texas has a great deal of experience with persons with a narcissistic personality. Narcissists (from my personal ...
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Divorcing a narcissist isn’t easy-read this blog post to find out how to do it March 22, 2020
In yesterday's blog post from the Law Office of Bryan Fagan , we discussed what a narcissist is and what complications can present themselves if you are married to one. Going through a divorce with a ...
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Divorcing a narcissist- tips on how to go about doing so March 21, 2020
In a perfect world, all marriages would be based on the idea that spouses would be completely generous with their time, their emotional output and their commitment to the husband or wife. If you know ...
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How is income from separate property treated in a Texas divorce? March 20, 2020
Texas is a community property state. The past few days we have spent some time discussing that here on our blog. There are a handful of other states in the USA that adhere to principles of community ...
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Community Property in Texas: What you need to know before you get divorced March 19, 2020
Texas is a community property state when it comes to dividing up property in a divorce . There are folks out there who will tell you that it is incredibly complex and difficult to understand. I’ve had ...
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How to modify a child support when you need above guidelines support in Texas March 18, 2020
Child support orders can be modified under the Texas Family Code whenever there has been a material and substantial change in the circumstances of you, your child’s other parent or your child ...
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How to win an above guidelines level of child support in Texas March 17, 2020
In the world of family law very little is formulaic. So much of what your attorney will be assisting you with is taking your specific circumstances and helping you to apply the law in a manner that is ...
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Moving on from a relationship can assist in co-parenting March 16, 2020
Sometimes what it takes to succeed at something is not to give more effort, but to give less. Allow me to explain. When we think about achieving a goal one of the first things that pops into our head ...
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Questions on co-parenting? Examine this guide to learn some answers March 15, 2020
The thing about marriages that go through a divorce is that, while one relationship ends (your marriage), another is just beginning if you are fortunate enough to have children. Your ability to ...
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Special needs children: How being creative in drafting orders can benefit your child March 14, 2020
When it comes to a special needs child you and your child's other parent will need more detailed orders regarding the education , health, and well-being of him or her than compared to children without ...
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How to plan a visitation schedule for you and your child during a Texas CPS case March 13, 2020
The more detailed your plan is when it comes to visiting your child during a Child Protective Services ( CPS ) case, the better off you and your child will be. You, your child, your family, CPS and ...
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What role do fathers play in visitation during a Texas CPS case? March 12, 2020
If you are a father of a child going through a Child Protective Services ( CPS ) case then you may feel a bit left out of the process. Odds are decent that your child lives primarily with her mother ...
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Preparing a visitation session in a Texas CPS case March 11, 2020
You will be given notice regarding the directions on how to get to any CPS location that is hosting your visitation session. Instructions will also be provided to you on who to contact when you arrive ...
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Spring is here! Do you have questions about holiday possession after your Texas divorce? March 10, 2020
For many people, Christmas and other winter holidays do not carry with them the same pleasant memories that they do for many of us. Unfortunately, the holidays can be a very difficult time for some ...
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Facing a CPS case in Texas and confused about how visitation works? Read this blog post March 9, 2020
I have been in contact with many parents and many families who are facing CPS cases in my time as a family law attorney. Of all the difficult and downright scary circumstances that a family can face ...
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Visiting with your child during a Texas CPS case March 8, 2020
Whatever visitation that you are provided with during your CPS case is precious. You will not have many opportunities to spend quality time with your child during this time period and as a result, you ...
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Family visitation during a Texas Child Protective Services case March 7, 2020
No later than the thirtieth day after the date on which the Department of Family and Protective Services is named as the temporary managing conservator of your child, the agency must create a ...
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How is an adoption order from a foreign country treated in conjunction with a CPS case? March 6, 2020
In some cases, at the conclusion of a Child Protective Services case, an opportunity will arise to adopt a child. This is one of the handfuls of options that you can undertake if you seek to adopt a ...
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Terminating the parental rights of an alleged biological father in a Texas CPS case March 5, 2020
As it sometimes happens in Texas Child Protective Services cases, the child involved in the case will not have a legally established father. Obviously, the child has a biological father but in the ...
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Final hearings in Texas Child Protective Services cases March 4, 2020
From the date that your CPS case is filed, there is a one year limit on how long your case may last. This may seem like a long time to wait for a conclusion to your case when you first consider it. ...
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What happens after a CPS case where your child is left in the permanent care of the agency? March 3, 2020
It could happen that as a result of your Child Protective Services case, the judge will find that it is in the best interests of your child to remain in the permanent care of CPS after your case has ...
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What is contained in a permanency plan progress report for a Texas CPS case? March 2, 2020
If your child is removed from your home in conjunction with a Child Protective Services case, it likely the state agency will still want your child to be returned to your home at the end of your case. ...
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What is a status hearing in the context of a Child Protective Services case? March 1, 2020
A status hearing in relation to your Child Protective Services hearing will focus on the status of your child being in temporary custody of the state as well as the service plan that you are expected ...
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Conducting background checks of persons involved in a Texas Child Protective Services case February 29, 2020
At the beginning of a Texas Child Protective Services case, a hearing will be held involving all parties- you, your spouse, Child Protective Services and anyone else related to the case. The purpose ...
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What happens if Child Protective Services cannot locate a child named in a report? February 28, 2020
Child Protective Services learns of potential incidents involving abuse or neglect of a child from reports that are made via telephone. These reports are anonymous and intended to bring important ...
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What is the purpose of a Child Protective Services investigation in Texas? February 27, 2020
If you have become involved in a Child Protective Services investigation in relation to your child or a child in your family, then you likely have many questions that you need to be answered. It can ...
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Intervention into Texas CPS cases February 26, 2020
Intervention into Texas CPS cases In a CPS case originating in Texas, it takes some effort in order to be able to intervene in a case. Today's blog post from the Law Office of Bryan Fagan will cover ...
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Adopting a child from Mexico: A guide for Texas families February 25, 2020
Given our state's close proximity to Mexico, it is likely that many of you reading this blog either have family that lives in Mexico or is yourself a resident of that country. If you are interested in ...
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What are the steps in international adoption? February 24, 2020
If you are a Texas citizen and are interested in pursuing an adoption of a child who lives outside of the United States, then I would like to share with you some information on what you should expect. ...
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Adoption options in Texas: What you need to know February 23, 2020
Fortunately for those of us who are lucky enough to call ourselves Texans, there are many options to explore if you are interested in growing your family via adoption . The Texas Department of Family ...
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Co-parenting after a Texas family law case: How to talk to your kids February 22, 2020
Finding the right words when talking to your kids about a difficult subject is not something that just affects people who have gone through family cases. This is a problem that can impact families of ...
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Co-parenting: Buzz word or something worthwhile for you to practice? February 21, 2020
It seems like every few years there are a couple of words that we hear so much in the news or in the media that we begin to roll our eyes after hearing that word for the hundredth time. For family law ...
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How to think about dividing parenting time with your child in a Texas divorce February 20, 2020
If you are a parent, then the most important issue in your divorce is going to be how you divide up the rights, responsibilities and time associated with parenting your children. Make no mistake, ...
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Approaching your Texas divorce from a financial perspective February 19, 2020
Married persons tend to earn more money than single people. There are a number of studies that will tell you this. Go search the internet for a couple and you will see what I am talking about. Whether ...
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Will you rise or fall after your Texas divorce? Read this blog post to learn more February 18, 2020
Nobody enters into a divorce with the expectation that their marriage is going to fail. You may have a doubt or a suspicion that certain elements of your relationship to your spouse could potentially ...
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What will happen with your children if you get a divorce? February 17, 2020
Of all the issues relevant to your family law case, I can’t of a single on that is more important to parents than the effect of your case on your kids. The simple truth is that a family law case will ...
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Can you turn an unhappy marriage into a happy marriage? Perspective from a Texas family attorney February 16, 2020
The issues that you are facing in your divorce are likely ones that you have been trying to avoid dealing with. Most people, I believe, would prefer to focus on the areas of their life where they are ...
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Going to a trial in a family law case: What Texas fathers need to know February 15, 2020
If you are quickly approaching a trial in your family law case, or anticipate doing so, today’s blog post from the Law Office of Bryan Fagan should be especially interesting to you. Specifically, I ...
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Why Should I Hire a Divorce Attorney? February 14, 2020
Going through a divorce is one of the most difficult times in someone’s life. Even worse, the world around you does not stop that includes things like work, bills, and children. Most people try to ...
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How to determine whether a marriage can be saved February 14, 2020
Today, if you haven’t noticed, is Valentine’s Day . Whether you are the type who fully buys into the holiday is one of love and romance, or whether you are among the group of folks who thinks the day ...
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How Can I Avoid Divorce? February 13, 2020
Often a lot of people jump to the decision that they should divorce without considering other options that may be available to help save a marriage. The most important thing to decide before jumping ...
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Approaching family law trials from a dad’s perspective February 13, 2020
Whether you are involved in child custody or a divorce case you need to be aware of what you are going to face. Fathers especially, from my experiences, do not know what to anticipate and how ...
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What are the Signs That You Should Get a Divorce? February 12, 2020
Texas is a “no-fault” state which means no one party must be at fault for a divorce to happen. There are many ways a party can be found “at-fault” for a divorce if they can be proving the other ...
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What all goes into a family law settlement? February 12, 2020
As soon as a Texas family law case begins, the first thing that every client wants to know is: How soon will this all be over. Everyone (including the attorney) is eager to get your case started and ...
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What Happens If Someone Refuses to Be Served? February 11, 2020
Service of process is important because it puts a party on notice that a lawsuit is being brought against them. It is also critical to establish subject matter jurisdiction over the type of case and ...
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Negotiating a divorce case: A how-to guide for Texas spouses February 11, 2020
There are two ways that your divorce case will be resolved, assuming that the case is completed. The first is a trial will be held where a judge determines the outcome of your case on all subjects ...
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Answering questions in a deposition? Here are some hints to help you testify well February 10, 2020
If you ask ten attorneys for some advice on answering questions whether in a trial or a deposition you are likely to receive ten different tips or tricks to apply to your own case. While you want as ...
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Tips, tricks, and hints about giving a solid deposition in a Texas family law case February 9, 2020
When you are being questioned in a deposition during your family law case it can feel like the weight of the world is in your shoulders. If you lose track of what you are doing and why you are doing ...
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What you should expect to be asked in a family law deposition in Texas February 8, 2020
If you have been told by your attorney that you will be expected to give a deposition in your divorce or child custody case, you are likely going to have questions. For many of us, that question may ...
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What Can You Not do During a divorce? February 7, 2020
During the process of divorce, many parties are often concerned with how they should behave. Being on your best behavior is easier said than done, but here are a few things you should consider ...
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Discovery and Deposition: Two important components to Texas family law cases February 7, 2020
Generally speaking, discovery is the process by which you and your opposing party to a legal case can obtain information from the other party in preparation for a trial. In many divorce or child ...
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Does it matter Who Files First in a Divorce? February 6, 2020
Many people are under the impression that filing first in a divorce will put you at an advantage over your spouse. This is generally not true but there are some reasons a person should consider when ...
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Father’s Rights in Texas: What role will your child’s preferences play in your divorce? February 6, 2020
As a father, you likely have concerns about how your divorce or child custody case will unfold. Not the least of your concerns may center around how “fair” the process will be or what chance you have ...
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How Do You Survive Financially After Divorce? February 5, 2020
The financial effects of a divorce will not only be felt during the process but can have lasting effects after the divorce was finalized. In a marriage where there is a great difference in the parties ...
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When do courts award sole custody to Texas fathers? February 5, 2020
Ultimately what you are attempting to figure out in regard to your divorce case is what is in your best interests and what is in the best interests of your child. As a father, you may not have been at ...
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What Happens to a House During a Divorce? February 4, 2020
During a divorce the most frequently asked question is what is going to happen to the house? To begin it’s important to know the difference between community and separate property. Separate property ...
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Texas child custody and property issues from a father’s perspective February 4, 2020
A divorce is not easy especially when children are involved. If you are a father who has been served with divorce paperwork out of the blue, then you are likely feeling a bit overwhelmed and possibly ...
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Can a Divorce be Denied? February 3, 2020
In states that require one party to be “at-fault” for the divorce, you must prove some grounds for divorce such as adultery or abandonment. However, Texas is a “no-fault” state meaning that either ...
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Grandparents’ Rights in Texas: It Ain’t Much, But It’s Something February 3, 2020
Let me begin by telling any of you grandparents reading this blog post that you do not have a lot of rights when it comes to being able to intervene in a situation involving your grandchildren. If you ...
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Children’s issues in Texas family law cases February 2, 2020
It is presumed by courts across the State of Texas that it is in the best interests of your children that you and your child’s other parent be named as joint managing conservators of your kids. It ...
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Confused about family laws in Texas? Read this guide to learn more February 1, 2020
Just about every person living in our state has the potential to be a part of a family law case at some point in their lives. The reason for this is pretty simple: most of us will either have a child, ...
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How Do I Protect Myself Before Divorce? January 31, 2020
Long before the divorce process begins, you may already have thoughts in your head about it, especially because one party will be at fault for the divorce. There are some important ways you may want ...
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Temporary Orders can impact your divorce in ways that are more than just temporary January 31, 2020
The middle portion of your divorce will be a time that you can spend with your spouse in negotiation for both temporary and final orders. Many people have a misconception about what divorce actually ...
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What’s The Difference Between a Divorce And an Annulment? January 30, 2020
Understanding the difference between a divorce and an annulment is important if you are considering separating from your spouse. To divorce legally your marriage must be valid. A divorce will handle ...
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Advantages to filing for divorce based on a specific cause in Texas January 30, 2020
The law in Texas is that you can get divorced for any reason- or for no reason at all. As a family law attorney, I run into clients all the time who have filed for divorce from their spouse for ...
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Do Both Parties Have to Pay For a Divorce? January 29, 2020
Many people are concerned with how much they will be spending to get a divorce but are not quick to consider just how much work will go into a divorce. Divorces can be very expensive, but they are ...
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The 60-Day Divorce in Texas January 29, 2020
During consults, I am frequently asked by potential clients how to get divorced quickly and cheaply. These are understandable questions. To my knowledge, divorce is not frequently associated with ...
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Parenting roles and responsibilities as determined in Texas family court January 29, 2020
When you go through a family law case in Texas, you are establishing parental rights and responsibilities. In addition, the time that you can spend with your child will also be determined. It is a bit ...
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How Do You Finance a Divorce? January 28, 2020
Many people are worried about how they will pay for divorce once the process is over. However, most attorneys require money to be paid either up-front and/or during the legal proceeding. The question ...
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Community Property issues in Texas family law cases January 28, 2020
Premarital and Marital Property Agreements are contracts between you and your spouse or spouse-to-be that can have a great deal of importance. A signed, written agreement between the two of you that ...
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Is Divorce Easy? January 27, 2020
Some people are under the assumption that divorce will be easy for them if their spouse is not willing to fight about divorce related issues such as community property, debts, children, etc. While ...
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The Law Office of Bryan Fagan’s Guide to family court success January 27, 2020
Think back to anything in your life that you were ever apprehensive about. I’m willing to bet you that the reason you were apprehensive is that you didn't know what to expect. It could be anything ...
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When does your duty to pay child support end in Texas? January 26, 2020
The responsibility of a noncustodial parent to pay child support in Texas ends when the child in question turns eighteen or graduates from high school, whichever occurs later in time. This is nearly ...
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Standard Possession Orders for Texas family law cases January 25, 2020
In the event that you are served with papers ordering you to appear in court for a case related to your child, you probably would have some questions that you would like answered. To begin with, why ...
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Establishing paternity in Texas: Why it matters to you even if you’re not the father January 24, 2020
The word paternity , simply put, means the legal determination of who the father of a child is. Being the biological father of a child is the first step towards becoming the legal father to a child, ...
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Does it matter who files first in a divorce? January 23, 2020
Many people are under the impression that filing first in a divorce will put you at an advantage over your spouse. This is generally not true but there are some reasons a person should consider when ...
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What does it mean to fail to pay child support in Texas? January 23, 2020
In the event that you fall behind in paying child support , there are consequences that you need to be aware of. Even if the other parent never brings the issue to the attention of a court that ...
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The Office of the Attorney General and their relationship to noncustodial parents January 22, 2020
If you are a father to a child and are not together with the child’s mother you may have questions about how you can positively impact your child’s life. Maybe the mother won’t let you see the child ...
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Service by Publication in a Texas Family Law case January 21, 2020
When you are attempting to file a court case that involves the other parent to your child it is necessary for you to provide notice to that parent. Simply put, you must tell that person what you are ...
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Enforcement cases in Texas: Why waiting to file may work to your advantage January 20, 2020
Deciding whether or not file a lawsuit can be one the most difficult decisions you will ever have to make. In some instances if you file too early your case will not have “ripened” and you will not ...
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Enforcement cases and Office of the Attorney General Involvement January 19, 2020
Modification or Enforcement cases can be filed either by you, your attorney or by the Office of the Attorney General. Many people have into the Law Office of Bryan Fagan for a free consultation to ...
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Appealing a family court decision in Texas January 18, 2020
You have thirty days to appeal a family court decision in Texas. For the most part, appeals are very difficult across the board in family law . I am not aware of many folks who have appealed a case ...
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Taking care to protect a child from violence or drug abuse January 17, 2020
In many families, there are more than just the basic concerns about homework, the flu, friends and eating enough vegetables. Unfortunately, I have come to know many families who have been afflicted by ...
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Paternity issues in a Texas family law case: Getting past the awkward to stabilize your child’s life January 16, 2020
If you are a mother reading this blog post and are questioning who is the biological father of your child it is likely that you have thought more than once about how much you wish you did not have to ...
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How to create a 50/50 custody split with your ex-spouse in Texas January 15, 2020
While a Standard Possession Order that features alternating weekends during the school year and alternating holidays for the remaining months may work for many families, you may not have envisioned ...
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Determining the primary residence of your child in a Texas family law cases January 14, 2020
The most significant area of contention that can exist between two parents who are going through a family law case is which parent will become the primary conservator of the children. If you and your ...
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Know your parental rights in a child custody or divorce case in Texas January 13, 2020
Many people enter into a family law case in Texas with the mistaken idea that they are above all else attempting to win as much time with their children as possible. Every other issue comes in a ...
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What to do when you are on the receiving end of a child support enforcement lawsuit in Texas January 12, 2020
Being accused of doing something wrong is a tough position to be put into. In many cases, you may have had a valid reason for failing to do something that you had promised to do. In other cases, you ...
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The Office of the Attorney General and Child Support cases in Texas January 11, 2020
I’d like to spend some time discussing the topic of child support and the role that the Office of the Attorney General plays in administering the reception and disbursement of child support payments ...
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How to approach issues related to children in your Texas family law case January 10, 2020
Ultimately, if you are involved in a Texas family law case that involves your children nothing else matters by comparison. We can talk all day and all night about how to divide up the equity in your ...
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How does a judge divide up community property in a Texas divorce? January 9, 2020
The most common word that I will hear associated with the main goal of a divorce from a potential client is “fair.” Most people want the outcome of their case to be a fair one. Not one sided, not so ...
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Enforcing an award of spousal maintenance in a Texas family law case January 8, 2020
Spousal maintenance , also known as alimony, is treated similarly to child support in Texas. If you are ordered to pay spousal maintenance to your spouse after your divorce is finalized and you do not ...
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What does it mean to go to trial in a Texas family law case? January 7, 2020
In a perfect world, your family law case will have settled long before you reach the trial stage of your case. It is probable that you will have attended at least one session of mediation prior to ...
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Mediation in a Texas family law case January 6, 2020
The image that I believe most people have of a family law case is two lawyers in a courtroom yelling at one another in a back and forth manner. The judge feverishly is banging their gavel on the bench ...
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The day of your temporary orders hearing: What to expect in your Texas family law case January 5, 2020
After attempting to negotiate a settlement in your family law case you were unable to do so. Now, you and your attorney have met and planned how to best introduce, offer and admit evidence that goes ...
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What does a Temporary Orders hearing mean to your Texas family law case? January 4, 2020
Family law cases have stages that you must pass through before you can finish your case. One of the most important of those stages is what I call the Temporary Orders stage. Temporary Orders are, wait ...
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Filing an Answer and proceeding with a family lawsuit in Texas January 3, 2020
If you have been served with a petition for divorce or a Suit Affecting the Parent-Child Relationship , then you may have questions about how to proceed. It's probably pretty clear to you that your ...
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Getting a divorce should not define who you are (no matter what anyone else says) January 2, 2020
In the blog for the Law Office of Bryan Fagan , I am fortunate enough to be able to write about topics that are important to people like you and I. These family law topics impact the people around us ...
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Safety, Substance Abuse and Mental Health: Helping yourself through a Texas family law case January 1, 2020
Family law cases are among the most difficult of all areas of the law because of how intimate the subject nature is. True, you may not be worth millions of dollars like a multinational corporation but ...
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Finding a roadmap to family court success in Texas: Money and kids December 31, 2019
Being able to maintain strong relationships with your children during a divorce or child custody case, as well as determining what sort of financial commitment your Texas family case will cost are two ...
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The termination of parental rights in Texas What you need to know before going to court December 30, 2019
There are two ways that your parental rights can be terminated by a court in Texas: involuntarily and voluntarily . That is what we will be discussing in today’s blog post from the Law Office of Bryan ...
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Questions to ask yourself when getting married after already having children December 29, 2019
Families come in all shapes and sizes. If you are in a relationship and are interested in getting married then you need to ask yourself some questions before moving forward with wedding plans. The ...
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Child Support and the Uniform Interstate Family Support Act December 28, 2019
Once the father of your child signs an Acknowledgment of Paternity he will become the legal father of your child as soon as you also sign an Acknowledgment of Paternity stating he is the father, as ...
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Child support in Texas: What is child support for and what do you need to know? December 27, 2019
Generally speaking, the payment of child support is intended to ensure that the child has the financial wherewithal to grow up to be successful members of society. Whether that child support comes ...
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What happens if a court order paternity test shows you are the father of the child? December 26, 2019
If there is a question as to who the biological father of a child is then it is likely that there will be a lawsuit filed in order to determine parentage . Either the Office of the Attorney General ...
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Child Support Enforcement cases in Texas IV-D courts December 25, 2019
When I am writing a blog post here on our website, I always try to do my best to give the post a title that will catch the eye of people like you who search the internet for answers to common (and ...
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Child support cases in Texas IV-D courts: What to know before you go December 24, 2019
In Texas, the Office of the Attorney General oversees the payment of child support . It is likely that if you already have a child support order in place, you are mandated to send those payments ...
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Can your spouse pay for your attorney’s fees in a Texas divorce? December 23, 2019
Suppose that you were suddenly confronted with information that your spouse cheated on you, has been gambling away your retirement savings or had abused one of your children. What would you do? Would ...
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How to file for divorce when there are child support or custody orders already in place December 22, 2019
For most married people, the first time that they get involved in a family law case in Texas is when one spouse files for divorce . However, it does happen from time to time that you may already have ...
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Filing for divorce in Texas when you already have a child support order in place December 21, 2019
Having to manage a divorce is difficult enough on its own. Having to manage a divorce when you and your spouse already have child support and/or child custody order in place is typically even more ...
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How can you tell if you are common law married in Texas? December 20, 2019
Do you want to know how to tell whether or not you are common law married in Texas? Your being married in this state isn’t based on a feeling that you may have or a certain period of time that you ...
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Common Law Marriage in Texas: Defining your relationship December 19, 2019
A simple Google search will tell you that a lower percentage of people are living together that are married than at any point in American history since these sorts of statistics have been tracked. As ...
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Valuing a Texas business in a divorce: Which method is your judge likely to choose? December 18, 2019
During the past few days, we have spent some time discussing how your family business may be valued in the event you get a divorce . Whether you are leaving, your spouse is leaving or you are just ...
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Determining the value of a small business in a Texas divorce December 17, 2019
If you, your spouse or both of you in combination own and operate a small business then your divorce will be one where the sometimes-complicated issue of valuing that business will present itself. A ...
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How will a buy-sell agreement impact the valuation of your small business in a Texas divorce? December 17, 2019
How will a buy-sell agreement impact the valuation of your small business in a Texas divorce? Being a small business owner is tough. I work for a small business and see how difficult it can be to earn ...
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What laws will apply to your multinational divorce? December 16, 2019
Just because you and your spouse reside in Texas does not mean that it is only the Lone Star State whose laws could conceivably apply to your divorce . Rather, if you and your spouse have resided ...
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Family law in the age of mobility and migration December 15, 2019
Houston is an international city. No, you’re not reading a blog from the Houston Chamber of Commerce. That is the sort of statement you would hear trumpeted as a means to entice people from other ...
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Do you need to pull equity out of your family home? Find out how by reading this blog post December 14, 2019
It goes without saying that selling a house is the easiest way to get the equity that you own out of the home in order to divide between yourself and your spouse. However, in the event that you or ...
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Illegal search in Texas December 14, 2019
Whether you have been accused of a crime or know someone who has been accused of a crime, most people are interested in knowing what constitutes an illegal search in Texas. The 4 th amendment of the ...
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Interested in how a divorce court will value your home? Read this blog post to find out how December 13, 2019
Once you have hired a licensed real estate appraiser, real estate agent or done a comparable home search on the county appraisal website to determine a likely value for your home, you have done most ...
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Hidden consequences of a Class C conviction in Texas December 13, 2019
Previously in another article, Texas Crimes Punishment, which can be found here and here , I discussed the different ranges of punishment a person charged with a crime in Texas may face. In that ...
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What does temporary exclusive use of the home mean in the context of a Texas divorce? December 12, 2019
Based on my experience as a family law attorney in southeast Texas, I can tell you that most clients have not one, but many, misconceptions or misunderstandings associated with divorce . Many of those ...
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Own a home and getting a divorce? Here is what you need to know December 11, 2019
If you are anything like most of your neighbors, the home that you are currently living in is your largest financial asset. When you made the decision to purchase your own you took on the most ...
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Adopting an adult in Texas December 10, 2019
Seeking to adopt another adult can be a time consuming, yet rewarding effort to undertake. Today’s blog post from the Law Office of Bryan Fagan seeks to provide you with the knowledge of what steps to ...
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Terminating Parental Rights in Texas December 9, 2019
Facing circumstances in which you are concerned for your or your child’s safety can be extremely unsettling for a parent like yourself. If your spouse or partner has harmed you or your child then ...
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Handling your child support duties as a disabled veteran in Texas December 7, 2019
If you have served our country as a member of our military you know the true meaning of sacrifice. You have given your all for a cause larger than yourself and for that, you should be commended. The ...
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What does it mean to terminate parental rights in order to adopt a child in Texas? December 6, 2019
In order to adopt a child, it is a requirement that the child’s legal parents either be deceased or have their parental rights terminated before the adoption application be considered. There are two ...
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Adoption in Texas: An A-Z explanation for parents December 5, 2019
The notion of what a family is and what people can come together to create a family is changing before our eyes. What our parents would have thought of as a “traditional” family is likely not what you ...
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Step-parent adoption in Texas: How it works and how to get started December 4, 2019
If you are the stepparent of a child you have the ability in Texas to file a case that seeks the adoption of your stepchild. Often times your spouse (the child's biological mother or father) will join ...
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What is an Emergency Protective Order? December 3, 2019
An Emergency Protective Order (EPO) is a court order that you can obtain that is enforceable in criminal court. It would be issued against a person who has acted in an abusive manner towards you or a ...
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Kinship placement in Texas: What it is and how your family could be impacted by it December 2, 2019
In the event that you and your family are impacted by a Child Protective Services ( CPS ) case or you are otherwise unable to care for your child, kinship placement may become a possibility for you ...
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Amending a Petition in a Texas family law case December 1, 2019
It will sometimes happen that you will need to make a correction or addition to a Petition that you file in a Texas family law case. A Petition is the initial filing that will start your case. It ...
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How to prevent a second CPS investigation after your first concludes November 30, 2019
We hear a lot in the media about recidivism when it comes to men and women who go to jail or prison one time, and that one time becomes two, three or four future stays in prison. It is a topic that is ...
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What happens in a Texas CPS case when a parent is not able to care for their child? November 29, 2019
If you find yourself in a position where you are not able to provide the basic care for your child that he or she needs, then you have a series of difficult decisions to make. Admitting to yourself ...
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Approaching a CPS case in Texas as a teenaged parent or as a parent who is in jail November 28, 2019
Today’s blog post topics from the Law Office of Bryan Fagan are intended for people who have children that are involved in Child Protective Services ( CPS ) cases who are either children themselves ...
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What to do if your spouse is being investigated by CPS in Texas for abuse or neglect of your child? November 27, 2019
Other than the fear of being investigated yourself by CPS for having committed a neglectful or abusive act against your child, one of your biggest concerns as a parent may be the possibility of your ...
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What is it like to have supervised visitation during a CPS case? November 26, 2019
Having another person oversee the interactions that you have with your child is downright awkward. Imagine having a stranger sitting in your living room on Christmas morning while you and the kids ...
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How you can work effectively with CPS during an investigation into your family November 25, 2019
While Child Protective Services ( CPS ) has an open case into your family you will come into contact with a number of persons who are involved with investigating whether or not abuse or neglect ...
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Want to help your CPS attorney? Be honest and ask questions November 24, 2019
Do not think that just because you are going to have to tell your attorney something unpleasant about you or your family that you should not. I can tell you that because I have been representing ...
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What are your lawyer’s responsibilities during your CPS case? November 23, 2019
So much of blog writing in the field of family law is detailing what you need to do to improve your chances of achieving a successful result in your case. It is understandable why this is the case. ...
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What do you need to talk to your attorney about during your CPS case? November 22, 2019
Your lawyer is going to be the best resource that you have during your Child Protective Services ( CPS ) case to answer your questions and generally guide you throughout your case. It is likely that ...
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Will you qualify for a free attorney in your Texas CPS case? November 21, 2019
If you are beginning a court battle where your relationship with your child, and your ability to participate in the decision-making portion of their lives was at stake I am willing to bet that you ...
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What to do if you no longer like your CPS service plan? November 20, 2019
As a part of the CPS investigation into the safety and well-being of your child, you will be asked to come up with a safety plan along with your support system and CPS. This service plan will attempt ...
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How CPS will encourage group decision making for your Texas case November 19, 2019
It can feel like you are all alone when you are involved in a Child Protective Services ( CPS ) case. You can be made to feel like you are the only person to have ever been investigated by CPS and ...
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Should you go to your CPS hearing even if you have warrants out for your arrest? November 18, 2019
It would not be out of the ordinary for a person who is involved with a CPS case to also have warrants out for his or her arrest. You may be attempting to gather evidence to prove your innocence or ...
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Concluding your CPS case in Texas: What will your trial experience be like? November 17, 2019
Over the course of the past few days, we have spent some time discussing what the various steps are in the courtroom stage of your CPS case. From the first hearing, through meetings with CPS and into ...
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What happens to your Texas CPS case once you get to court? November 16, 2019
What happens to your Texas CPS case once you get to court? CPS cases usually will follow one of two paths after the agency receives a phone call where abuse or neglect of your child is being alleged. ...
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What can you do if your child is harmed while in a Texas foster home? November 15, 2019
It can be a helpless feeling if your child is in someone else’s care and is harmed in some way. When it occurs in conjunction with a Child Protective Services (CPS) investigation it can be especially ...
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Probable Cause November 15, 2019
Handling a decent number of criminal cases at my firm at any given time, the first thing that I usually look at when someone accused of a crime comes to my office for a FREE CONSULTATION is whether ...
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What are the different foster care environments your child could be placed into? November 14, 2019
If you are a Texas resident you are likely aware that our state’s foster care system has not been receiving the best of headlines recently. It seems that foster families and foster homes that our ...
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Can CPS remove your child from your home in Texas using force? November 13, 2019
One of the most intense and emotional aspects of family law are those cases that deal with Child Protective Services ( CPS ) removing a child from a parent’s home. If you find yourself in a position ...
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Talking to your family about your child’s CPS case November 12, 2019
Nobody likes to discuss embarrassing subjects with family and friends. We would all much prefer to share happy news about ourselves and our kids. Unfortunately, there are times in our lives where we ...
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When can CPS remove your child from your home in Texas and what can you do about it? November 11, 2019
When can CPS remove your child from your home in Texas and what can you do about it? The most sickening and nerve-wracking experience in connection with a CPS investigation is the concern that you ...
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Can CPS photograph your house and request your child’s medical records in Texas? November 10, 2019
There is nothing more invasive than a state agency knocking on your door and asking you for access to your life. Add to that the fact that you are also being suspected of abusing and/or neglecting ...
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Will CPS speak to your child during an investigation in Texas? November 9, 2019
You probably have a fair amount of questions in regard to any investigation that Child Protective Services (CPS) begins in relation to your family. If this is your first time going through the process ...
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What does a Texas CPS investigation look like? November 8, 2019
If you have recently been contacted by CPS about a report being made to them that your child has possibly been abused or neglected you are probably feeling a bit uneasy at this moment. You don’t know ...
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Confidentiality in your Texas CPS case November 7, 2019
Once Child Protective Services ( CPS ) has become involved with your family, the agency will begin to gather information about you, your child and your family. Personal information will be included in ...
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What does it mean when a CPS report is made against you in Texas? November 6, 2019
If you are a parent who has been alerted by CPS that a person has made the agency aware of possible abuse or neglect of your child, you probably have a lot of questions. Who made the call? What ...
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Take control of your child’s CPS case by following these tips November 5, 2019
When we feel like we are not in control of a situation it can be a very uncomfortable feeling. It’s like being behind the wheel of a car on the freeway and realizing that the brakes aren’t working. ...
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How to stand up for yourself during a Texas CPS case November 4, 2019
It is a helpless feeling to be involved in a Child Protective Services ( CPS ) case in Texas. I have, unfortunately, never had the opportunity to speak to a parent who has any sort of interaction with ...
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Reimbursement Claims in Texas Divorce cases November 3, 2019
When it comes to feeling like you are owed something, perhaps no more can this emotion be felt so strong as when you are contemplating a divorce. This past Saturday I was meeting with potential ...
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Selling Your Home in a Divorce: Tips to Stay Calm and Move On November 2, 2019
Divorcing couples often have to make a host of difficult decisions before they can move on with their lives and face a new emotional and financial reality. At the top of the priority list is thinking ...
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Debt and Divorce: If you can’t avoid them both, don’t avoid this blog post November 2, 2019
When I am talking to a client about subject matter that bothers them, irritates them or otherwise doesn’t give them warm and fuzzy feelings I always tell them one thing. That is: I’m not having this ...
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Divorce in Texas: Probably not what you think it is November 1, 2019
Have you ever held a preconceived notion of another person? Never met the person before, but you just don't like him or her. A friend of yours may have told you a story about that person years ago and ...
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What court will hear issues about your child in relation to an international divorce? October 31, 2019
What court will hear issues about your child in relation to an international divorce? There is a great deal of uncertainty associated with divorce . For starters, you have no idea how long your case ...
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Issues relevant to international divorce cases in Texas October 30, 2019
Are you or your spouse living outside of the United States currently? Were you married in another country and are now residing in the United States? Texas, and Houston specifically, is home to many ...
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Mediation and its impact on your Texas Child Custody Case October 29, 2019
It has become a trend in recent years for courts in southeast Texas to mandate that parties must attend at least one session of mediation (and likely more) before they ever are able to have their case ...
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Domestic Violence in Child Custody Cases: How will your judge view this issue? October 28, 2019
When it comes to family law cases there is no circumstance that is more sad, infuriating or dangerous than that of domestic violence. It is something that, thankfully, occurs in a rather small ...
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What happens when a noncustodial parent suffers from a mental illness? October 27, 2019
Mental illnesses affect people going through divorce and child custody cases in very specific ways. If you are a parent whose spouse or significant other suffers from a mental illness then you very ...
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Restricting visitation and supervised visitation in Texas child custody cases October 26, 2019
In the vast majority of Texas, child custody cases no parent will ever be at risk of having restricted or supervised visitation. The presumption in custody cases is that it is in the best interests of ...
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Complicated issues in your Texas child custody case October 25, 2019
The great part about being able to blog on a daily basis for our community is that I have an opportunity to promote better knowledge of important issues related to Texas family law . Anyone is ...
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Co-parenting your way through a child custody case in Texas October 24, 2019
Many people who go through child custody cases do so with the initial motivation to not have to live with their child’s other parent. There are always reasons for this but they tend to be fairly ...
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Mental impairments, family violence and how these problems affect child custody cases October 23, 2019
In family law cases that involve mental health issues families but not only deal with the hardships that a case presents them with, but also must handle the problems associated with the particular ...
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Will your gender, sexual orientation or religion impact your Texas child custody case? October 22, 2019
Are you a father who has heard from friends and family that you don’t stand a chance to be named as the primary conservator of your child because the law gives a preference to mothers in this regard? ...
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How you parent your child will be affected by your child custody case October 21, 2019
Today’s blog post is intended to approach the subject of your relationship with your child from the perspective of the judge who will be overseeing your case. The way that you parent your parent is ...
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Parenting your child during a child custody case in Texas October 20, 2019
If you were to ask yourself what a judge thinks is important when it comes to your child custody case, what would you say? Do you think that the relationship between you and your child is important to ...
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How a judge will view your high school aged child during a Texas child custody case October 19, 2019
The final age group of children that we need to consider in our series of recent blog posts is teenagers. Your high school-aged child may look, sound and act like an adult in many respects but the ...
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How will your family court judge make decisions regarding your eight, nine or ten-year-old? October 18, 2019
In case you have not checked in on our blog the past few days I wanted to share with you what we have been writing about. Due to the volume of questions, I have received from parents in our ...
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Understanding how a judge will evaluate what is in the best interests of your school-aged child October 17, 2019
Nobody knows exactly what goes through a particular judge's mind in a particular case in family court . Yours will be no exception to that rule. We can take educated guesses and base those guesses on ...
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How your Texas judge will view your child custody case involving a toddler October 16, 2019
Many people going through a divorce or child custody case will attempt to put themselves in the shoes of the judge. This makes sense, after all. You can tell your attorney endless statements about ...
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How to assess the impact of your child custody case on your child October 15, 2019
Ultimately what you are trying to figure out in your child custody or divorce case is what will be in the best interests of your child. Whether you have an infant, a young child or a teenager, their ...
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Allowing your child to develop and endure despite the difficulties of your child custody case October 14, 2019
Family law cases not only take a lot out of you as a participant in the case but can also have a profound effect on your child. The irony is that you and your child’s other parent filed the case in ...
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Judges use docket control and scheduling orders to keep your family law case moving October 13, 2019
One of the most critical aspects of a family law case in Texas is the ability of a judge to keep your case moving towards a resolution. It is possible that if you and your spouse never need to have ...
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Will your child need to have an independent attorney appointed to represent her? October 12, 2019
It may come as a surprise to you, but in the context of a legal case, your interests and those of your child may not be completely aligned. This is probably surprising to you because since your child ...
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How will your family court judge ensure fairness in their courtroom? October 11, 2019
So much of what we do on this blog is to provide you with advice that can positively impact your own behavior that is associated with your family law case. That’s not to say that you don’t know how to ...
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How your case will be managed in a Texas family law court October 10, 2019
In yesterday's blog post from the Law Office of Bryan Fagan, we introduced the topic of how your case will be handled by the judge whose court your case has been assigned to. You need to know ahead of ...
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Are you encountering a complex child custody issue? Learn what your judge will think October 9, 2019
The majority of family law cases, whether child custody or divorce, do not require any sort of contested hearing. Most of the time you and your opposing party would be able to settle whatever issues ...
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Different factors are involved when assessing what is your child’s best interest based on their age October 7, 2019
Suppose that you and your child’s other parent are going through a difficult child custody case. Your little one is now six years old and in the first grade at the elementary school in your ...
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Want to know how your judge will evaluate what is in the best interests of your child? Read this blog post October 7, 2019
If you have ever been through a legal case where you had to appear in front of a judge for a hearing or trial, you have probably had the same thoughts that every attorney in the history of the law has ...
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Approaching the Best Interests of your Child from the perspective of a family court judge October 6, 2019
The overarching standard that a judge in your child custody or divorce case will utilize in order to make decisions in your case that are relevant to your children is the “Best Interests of the Child” ...
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Succeeding with personal finances during divorce is possible- Read this blog for help October 5, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we introduced the subject of the relationship between personal finances and divorce. The two do not have to at odds with one another but I ...
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Worried about your personal finances as a result of your divorce? Read this blog post October 4, 2019
There is little more important in our daily lives than the state of our personal finances. I think it’s fair to say that we all wish we had a little more money to our names and fewer places that were ...
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How the combination of an experienced family law attorney and mediator can cause your divorce to resolve quickly October 3, 2019
Have you ever assumed something to be true based on your observations of the world? I think we have all have done this before a time or two. I'll give you an example. If you see weeds growing in your ...
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Contractual Alimony and how to obtain it in your Texas divorce October 2, 2019
For the past few days, we have been discussing the topic of court-ordered spousal maintenance here on the blog for the Law Office of Bryan Fagan . I hope that the information that we have shared has ...
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If you need spousal maintenance after your Texas divorce be sure to read this blog post October 1, 2019
Growing up, did your mother ever tell you that, "Honesty is the best policy"? When in doubt, tell the truth, is basically what this boils down to. That saying is applicable in all areas of life. ...
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What is the difference between spousal maintenance and contractual alimony in a Texas divorce? September 30, 2019
If you believe that you need to get a divorce from your spouse but are hesitant to move forward due to concerns that you have regarding your ability to survive financially after your case concludes ...
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Can you get spousal maintenance in a Texas divorce? September 29, 2019
Many spouses who are facing a divorce are concerned with their ability to take care of themselves from a financial standpoint. Many people face circumstances that are far from desirable at the ...
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Can your parental rights be terminated in regard to your mental health? September 28, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we introduced the topic of mental health problems and their impact on divorces in Texas. I wanted to make sure that you were aware that ...
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A blog post for those facing mental health problems during a divorce September 27, 2019
The attorneys with the Law Office of Bryan Fagan frequently utilize this space to describe just how difficult a divorce is. You may think that is counterintuitive for a family law attorney. Aren’t we ...
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Same Sex Marriage: Can a judge stop you from getting a divorce in Texas? September 26, 2019
Despite the decision out of our federal Supreme Court a few years ago that legalized same sex marriage across our country there are still some misunderstandings and questions regarding that subject. ...
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Specific advice for military pension division September 25, 2019
The entire premise of yesterday’s blog post from the attorneys with the Law Office of Bryan Fagan was that we wanted to provide you with advice and perspective regarding military divorces that was ...
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Handling military retirement intelligently during your Texas divorce September 24, 2019
Your marriage of ten, twenty or thirty years may have flown by but now you are considering a divorce . Not only is this going to affect you and your spouse presently but your future well being may be ...
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Calculating child support in Texas using real-world situations September 23, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we spent a great deal of time going over the essential pieces of information about child support in Texas. Ultimately what most people ...
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Questions on child support in Texas? Here are your answers September 22, 2019
In my years as a family law attorney in Texas, there are few subjects that draw people's ire quite like child support. Seemingly no matter what kind of situation you or your spouse are in financially, ...
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Keeping your house after a Texas divorce September 21, 2019
Of all the assets that you and your spouse own, it is likely that your home is the most important. For most of us, it is the single biggest investment we will ever make and will stand as our most ...
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Relocating from Texas after your divorce: How, Why and is it worth it? September 20, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we spent some time discussing the ins and outs of conservatorship . For the most part, parents are awarded joint managing conservatorships ...
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Child Custody and Relocation: Can you move outside Texas? September 19, 2019
Once you and your spouse have gotten a divorce you will likely want to move on to the “next phase” of your life as quickly as possible. No matter how well your divorce went it is an experience that ...
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What happens if you and your spouse mix community and separate property? September 18, 2019
At the tail end of yesterday's blog post from the Law Office of Bryan Fagan , we introduced the concept of tracing as it pertains to determining whether the property is either going to be classified ...
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Property law, marriage, and divorce in Texas September 17, 2019
When it comes to property related issues for Texas spouses, the most important and basic fact that you need to be aware of is that Texas is a community property state. This is what we are going to ...
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Sit up straight, tuck in your shirt and act like a grown-up when you’re in court September 16, 2019
This is sort of an awkward topic to write about, I'll be upfront about that. For the most part, this blog is dedicated to providing information for you from the perspective of a family law attorney. ...
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Conducting yourself well inside and outside the courtroom is essential to having a successful divorce September 15, 2019
In yesterday's blog post from the attorneys with the Law Office of Bryan Fagan , we introduced the topic of how to speak and act inside the courthouse . It is not a sure thing that you will be ...
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Money isn’t everything but it is important when it comes to your Texas divorce September 14, 2019
In the past few days, the attorneys with the Law Office of Bryan Fagan have posted suggestions on how to improve your chances at being successful in your divorce case. Along with those suggestions on ...
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Avoid harming your attorney-client relationship during your divorce by following these simple steps September 13, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we utilized our time to discuss how you can improve and solidify the relationship that you have with your family law attorney. The nature ...
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The attorney-client relationship is the key to winning your Texas divorce case September 12, 2019
While your marital relationship will be the central focus of your divorce , it is the relationship between you and your attorney that will be the most integral to success or failure in your Texas ...
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Mediation and Divorce: The whys and how of it will impact your case September 11, 2019
For the better part of a week, the attorneys with the Law Office of Bryan Fagan have shared with you all advice and perspective on divorce cases in Texas. We understand that no two divorces are ...
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Avoid mistakes in your Texas divorce by following these pieces of advice September 10, 2019
It is tempting to tell bold action in order to change the course of events. I think we can all say that at one point in our lives or another we have done something that we wish we would not have. ...
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Steps you need to take to be successful in your Texas conservatorship case September 9, 2019
If you are a parent who is going through a divorce then it is likely that you are most concerned about what will happen to your children as a result of your case. Not knowing exactly where your child ...
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Divorce Texas Style: Follow these steps and avoid these errors for a successful experience September 8, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we began discussing how you can maximize your strengths, minimize your weaknesses and succeed in your Texas divorce . While no two ...
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What does divorce mean to you and your family? September 7, 2019
Stop for a moment and consider what a divorce truly is. Beyond the anger, hostility, jealousy, false promises, bad decisions and harsh words. What do you think a divorce really is? Is it purely an ...
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Family violence and family law in Texas September 6, 2019
When a family law attorney considers important factors in a potential divorce or child custody case, perhaps none is as quite as impactful as family violence . The reasons for this are obvious. Acts ...
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Can you get alimony in Texas when your common law marriage ends? September 5, 2019
The term “ alimony ” is used quite a bit in our culture to generally refer to payments made from one ex-spouse to the other after a divorce is finalized. You will usually find the term applied to ...
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Jurisdictional issues in a Texas child support enforcement case September 4, 2019
We left off in yesterday’s blog post from the Law Office of Bryan Fagan, PLLC by discussing issues related to how a court in Texas can enforce a child support order against your ex-spouse when he does ...
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What can you do when your child support is not paid on time in Texas? September 3, 2019
The State of Texas allows for two methods for you to pursue back due child support . The first is by contacting the Office of the Attorney General (OAG) who is in charge of collecting and distributing ...
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What is a counterpetition in the context of a Texas family law case? September 2, 2019
The past few days on our blog here at the Law Office of Bryan Fagan, PLLC we have posted blogs regarding what to do when you are served with divorce or child custody papers from either your spouse or ...
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You’ve been served with a divorce lawsuit in Texas: Where do you go from here? September 1, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we have discussed what you can do if you find yourself on the receiving end of a family lawsuit of any kind. Whether it is a divorce ...
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So you’ve been served with a family lawsuit in Texas- what should you do now? August 31, 2019
Routine is not a bad thing. I think that we as human beings do better when have a fairly set routine for ourselves. A certain bedtime, a certain time to wake up, a work schedule to follow, etc. Our ...
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What effect will a DUI or DWI have on your child custody case? August 30, 2019
If you are a person that has an ongoing battle with substance abuse issues then you know better than anyone just how much of an impact addiction can have on your life. Make no mistake, whether it is ...
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Winning your Texas family law case starts with having a plan August 29, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced the topic of coming up with a game-plan for your family law case and the importance of having an attorney by your side ...
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Follow these steps to win your Texas family law case August 28, 2019
Suppose that you are going through a divorce and are beginning the process of hiring an attorney. How would you go about doing that? Would you drive up and down the busiest street in your area of town ...
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More on dirty tricks employed in Texas divorce cases August 27, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we began our topic of dirty tricks parties will sometimes choose to employ in divorce cases by bringing up the subject of false ...
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Be aware of these dirty tricks that may be used against you in your Texas divorce August 26, 2019
Anything is fair in love and war. So goes the old saying that I’m sure we’ve all heard a time or two either in real life or a movie. From my experiences as an attorney I think it’s fair to say that ...
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What happens if a SAPCR suit has been filed in more than Texas county in relation to your child? August 25, 2019
Jurisdiction refers to the concept of one court having the ability to hear a case that one party has brought against another. There are some basic jurisdictional requirements that must be in place for ...
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What you need to think about before filing for divorce when your spouse lives outside the U.S.A. August 24, 2019
I don’t think you could find anyone who would try to argue that filing for divorce is a pleasant process. While every step makes sense in its own way that doesn’t mean that there aren’t some things ...
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How to enforce a child support order when the paying parent lives outside of Texas August 23, 2019
One of the most helpless feelings that a parent can experience is being in a position where you are not receiving the court ordered child support that you are entitled to. This can leave you ...
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Handling issues related to the Right of First Refusal in Texas family law cases August 22, 2019
The right of first refusal is an issue that comes up in family law cases that can cause even the most creative and experienced family law attorney to scratch their heads on how to proceed. ...
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Creative solutions to problems regarding parental rights in Texas August 21, 2019
If you are going through a difficult child custody or divorce case and are in need of practical solutions to the problems that you are facing, you have come to the right place. The Law Office of Bryan ...
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Family court cases and their impact on your child’s school August 20, 2019
If you are involved in any sort of child custody case, it is possible that a central topic, in that case, will be the performance of your child in the classroom. Their education is something at the ...
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What will your child’s school do if you and your ex-spouse disagree about an educational decision? August 19, 2019
After your divorce , you and your ex-spouse will likely share (to one extent or another) the decision-making responsibilities associated with your child going to school. Sometimes that could mean a ...
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Common Myth About Miranda Rights August 19, 2019
As an attorney who also handles criminal cases, one of the common statements I get from someone who has been accused of committing a crime and comes to my office is: “The cop didn’t mirandize me” or ...
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What does your child’s school need to do once you have been to family court? August 18, 2019
One of the most frequently asked questions of me in relation to people’s family law cases is what their child’s school needs to do in relation to their newly produced family court orders . Many of ...
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How to negotiate and not litigate child support issues in Texas August 17, 2019
In yesterday's blog post from the Law Office of Bryan Fagan , we spent some time discussing issues related to negotiating child support in Texas family law cases. There are a few issues that are more ...
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Resolving Child Support Disputes without going to court: A how-to guide for Texas parents August 16, 2019
Family law cases are typically not decided in a courtroom with a judge playing tiebreaker between two parents that cannot seem to agree on anything. I know that television and movies would have you ...
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What do military parents need to do to ensure their children are cared for prior to deployment? August 15, 2019
Military parents have a great deal on their minds, both before setting off for deployment and while overseas. If you count yourself among those people who serve in our armed forces I would like to ...
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Going to child support court in Texas? Read this blog post to develop a winning plan. August 14, 2019
The plan that I have in mind is a visitation plan for you to be able to petition the judge for when that question is reached in your hearing. Child Support court may cause you to think that all they ...
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Safety concerns in Texas child support cases August 13, 2019
It is not uncommon (unfortunately) to find parents like you who are concerned about the safety of your children and yourself. Families like yours will go to great lengths to ensure that they are safe ...
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Facing difficult safety issues regarding a Texas family law matter? Read this blog post August 12, 2019
The safety and well-being of you and your child are the most important things in your life. If you begin a family law case and ask a judge to make decisions for your child, he or she will do so ...
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What you should know about being an incarcerated parent in Texas August 11, 2019
I can't think of a much more helpless position to be in that as a parent of a child who is serving time in prison or jail. While you have likely made decisions in your life that you would like to take ...
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Child Support Information for Confused Texas parents August 10, 2019
Do you have questions about child support ? Do you not know if you have been ordered to pay child support? Are you outwork and unable to afford the child support payments that you know that you need ...
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Working on the Weekends: Alternative visitation ideas for Texas parents August 9, 2019
If you are a non-custodial parent, meaning that you are not the parent who cares for your child during the school week, you likely have visitation that involves possession of your child on the first, ...
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Want to resolve your Texas family law case outside of court? Remember these rules of engagement August 8, 2019
Going to court to resolve a family law case is not a fun experience for anyone involved. You probably didn't need me to tell you that, but it is the absolute truth. There is nothing glamorous about ...
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What will impact a judge’s decision in regard to where your child will primarily reside? August 7, 2019
If the family court order that you and your family have been operating under for years no longer suits your needs, what are your options? What if your 14-year-old son is expressing an interest to come ...
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Do you want your child to live with you primarily? Read this blog to find out more August 6, 2019
One of the most frequent questions that I receive when I am meeting with potential clients of the Law Office of Bryan Fagan is whether or not that parent has a realistic opportunity to be named as the ...
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Do you have to pay child support in Texas if you don’t know where your child is living? August 5, 2019
The bottom line for you as a parent to be aware of as you explore the world of Texas family law is that if you go to court and receive a court order, the odds are good that the order will mandate that ...
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Custodial and Noncustodial Parents: Answers to frequently asked questions August 4, 2019
Many parents in Texas who have a child together but are not married end up going before a family court judge to have child support orders set up. That process may have been started by the Office of ...
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How can you take advantage of visitation with your child during a CPS case if you are incarcerated? August 3, 2019
To get ready for any visitation session that you are provided in your Child Protective Services ( CPS ) case, your child’s caseworker and your attorney should talk with you before the visit to help ...
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Working on a CPS case while you are incarcerated: Communicating with the caseworker August 2, 2019
If you are incarcerated as Child Protective Services ( CPS ) is investigating an allegation of abuse or neglect of your child, it is likely to be one of the most frustrating experiences of your life. ...
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Approaching a Child Protective Services case as an incarcerated parent August 1, 2019
The Department of Family and Protective Services ( DFPS ) investigates situations that involve abuse and/or neglect of a child. If it is suspected that your child has been abused or neglected a person ...
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Not sure if you are the biological father to a child? In prison? Read this blog July 31, 2019
If you are not sure that you are the biological father to a child (or if the child’s mother is not sure) then neither of you should sign an Acknowledgment of Paternity . You and your child’s mother ...
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Custody, Visitation and Child Support: How to handle these issues when incarcerated in Texas July 30, 2019
The Office of the Attorney General ( OAG ) in Texas is not able to work on custody or visitation problems that you may have. Although your child’s mother may have filed a child support case against ...
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How to handle child support in Texas when you are incarcerated July 29, 2019
If you are responsible for paying child support and are also facing the possibility of going to jail or prison for having committed a crime, you likely have a lot on your mind right now. At the ...
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In what circumstances could your child end up living with your relative during a CPS case? July 28, 2019
If you have a relative or close family friend or is able and interested in housing your child during a Child Protective Services ( CPS ) case then you should speak to that person about contacting CPS. ...
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What you need to know about the Texas foster care system before a CPS case July 27, 2019
If your child is involved in a CPS case in the state of Texas then you need to be aware that he or she could be removed from your home and placed into foster care. I hate to put it to you so bluntly, ...
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Foster Care, Child Protective Services and your Texas family July 26, 2019
What does it mean for Child Protective Services ( CPS ) to become involved with your family? It’s probably become pretty obvious to you that CPS is not contacting you for something good. It’s likely ...
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Foster Care and its relation to your Texas CPS case July 25, 2019
When your child is removed as a part of a Texas Child Protective Services ( CPS ) case and placed into foster care it would be natural on some level to view the foster family as something of an enemy. ...
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What will CPS be keeping an eye on regarding your parent-child visitation sessions? July 24, 2019
Unfortunately, some parents do not take advantage of the time that is made available to them in Child Protective Services (CPS) investigations . I don’t necessarily mean that these parents do not show ...
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What factors are relevant for visitation with your children during a CPS case in Texas? July 23, 2019
When you have school, aged children going through a CPS case it is important that you be able to spend as much time with them as possible in order to help them cope with the difficulties of the case. ...
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To what degree can your child’s siblings visit with him during a Texas CPS case? July 22, 2019
If you have multiple children that are involved in a Child Protective Services ( CPS ) investigation, then the agency will make every effort to place those children in the same living environment for ...
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An Overview of the Texas Foster Care System July 21, 2019
The Texas Department of Family and Protective Services ( DFPS ) has underneath its governance a division known as Child Protective Services ( CPS ). This agency is responsible for protecting children ...
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Issues related to women in Texas divorces July 20, 2019
There are some stereotypes that exist in the field of family law and divorce that involve women actually being at an advantage when it comes to how cases are decided. It is commonly thought that the ...
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Preparing for the end and immediate time period after your Texas divorce July 19, 2019
One of the most difficult parts of being a family law attorney is not always having the exact right advice to give to your client at any particular moment. We can know the law, know the possible ...
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Hit the ground running in your Texas divorce by preparing with your attorney July 18, 2019
It’s no secret that a divorce case is probably the least fun you will have perhaps in your entire life. I don’t mean to be dramatic and I don’t mean to tell you this to dissuade you from getting a ...
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Getting a divorce in Texas can be simple if you follow these instructions July 17, 2019
So much of a family law case means learning about a process that to most people is fairly foreign to them. I think it’s fair to say that most clients at the Law Office of Bryan Fagan, PLLC have never ...
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What does being a joint managing conservator mean in a Texas family law case? July 16, 2019
If you are involved in a family law case in Texas then you are likely interested in knowing what you need to do in order to best position yourself within the case. Certainly your concerns lie mainly ...
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Child Custody in Texas: What you absolutely need to know July 15, 2019
When an attorney refers to a child custody case in Texas what he or she is actually talking about is called a Suit Affecting the Parent-Child Relationship (SAPCR). The purpose of this case is to ...
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Grandparent and extended family conservatorship cases in Texas July 14, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we discussed just how important a role in a child’s life grandparents play. Odds are good that if you read that post you are a ...
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What rights do grandparents have in Texas family law cases? July 13, 2019
Many of grew up with our grandparents playing an important role in our lives. In some cases it could have been as our primary caretaker(s) in the event that our parents were unable to fill that role. ...
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How often do parents achieve sole managing conservatorships in Texas divorces? July 12, 2019
There are two types of divorces that come to mind when the two people have children. The first is a divorce where the couple has grown apart and want to legally end the marriage. Sure, there is some ...
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Texas courts prefer to award parents joint custody in family law cases July 11, 2019
There is a presumption under the law in Texas that it is in the best interests of your child that he or she be able to develop a long lasting bond and relationship with their mother and father. As ...
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Child custody essentials for Texas families July 10, 2019
Whether you are a parent going through a divorce or a child custody case in Texas, you need to be familiar with how a court will view your case if you and your child’s other parent cannot settle in ...
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How to determine whether your family is a good fit for 50/50 custody July 9, 2019
When I have the opportunity to meet with a father who is going through a divorce the one thing that nearly all of these men will tell me is that their goal is to win 50/50 or “split” custody of his ...
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Looking out for your children during a Texas divorce July 8, 2019
So much of our concern during a divorce is in regard to the law, strategy, negotiation and analyzing the playing field as it pertains to your case. Did you pick the “right” attorney? Does the judge ...
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How drug testing in a Texas child custody case can catch a parent unprepared July 7, 2019
The last thing that you want to encounter in your child custody case is a surprise. Family law attorneys work towards reducing the occurrence of surprises so that we can prepare and guide our clients ...
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How to tell if yours will be a high conflict divorce and how to best negotiate with your spouse July 6, 2019
Anytime that you hear a horror story from a friend or family member who has gone through a tough divorce it is likely due to their not being able to work with their spouse on agreeing to much of ...
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Important post-divorce issues related to health insurance for Texas residents July 5, 2019
When you and your spouse got divorced you likely set forth in your final decree of divorce the requirement that you and he split 50/50 any uninsured costs related to medical expenses. That sounds all ...
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Christmas and Winter break visitation for Texas families July 4, 2019
“There is no place like home for the holidays.” So goes the opening line to a popular Christmastime song that we are all likely familiar with. It’s one of a handful of songs that is sung in the weeks ...
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Does your child support cover that? What child support does and does not count towards in Texas July 3, 2019
If you are a parent who has been through the family law courts in Texas and has been ordered to pay child support then you likely have two feelings about the support (at least two feelings, that is). ...
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Divorce on your list short list of New Year's Resolutions? Read this blog post to prepare July 2, 2019
As we approach the midpoint of 2019, we all know that summer will be over before we know it. Next come the holiday season and then New Year’s. Many Americans plan ahead for what resolutions they would ...
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Updating your will after a divorce is smart planning July 1, 2019
Have you ever heard a friend or family member’s divorce horror story? I’m sure you know what I’m talking about. This person will tell you in no uncertain or unspecific terms just how bad their ...
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How to navigate an uncontested divorce in Texas June 30, 2019
A lot of people have ideas about divorce that are not necessarily true. For instance, did you know that most divorces in Texas never see the inside of a courtroom? Most divorces are settled prior to a ...
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How can you have your marriage found to be void in Texas? June 29, 2019
Let’s start today’s blog post from the Law Office of Bryan Fagan, PLLC with a story. I recently spoke with a woman who told me about a man that she had dated in high school. After high school, the ...
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Handling changing work schedules while negotiating a possession order in Texas June 28, 2019
How many of you are contract employees? You work a job for a period of time and then move on to the next one when your current contract runs out? Sometimes you go weeks or even months in between ...
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Unique goals for your child's possession schedule? Read this blog to learn how to achieve those goals June 27, 2019
I think the most common goal that I will hear from parents (mainly fathers) is that they want 50/50 or split custody with their spouse after the divorce is over. From my experience, fathers have had ...
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When can a parent be awarded less than a Standard Possession Order in a Texas divorce? June 26, 2019
The Standard Possession Order (SPO) is the, well, standard for possession for parents in Texas family law cases who are not designated as the person to determine the primary residence for their child. ...
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Coming up with possession schedules that work for your family in Texas June 25, 2019
No two families are created equal. As a family law office, the attorneys with the Law Office of Bryan Fagan, PLLC understand this to be true in more ways than one. One of those ways is how families ...
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Possession Orders explained for Texas family law cases June 24, 2019
Being a parent and having to go through a family law case is one of the more stressful experiences that you can go through. After having represented so many parents over the years in cases just like ...
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Creating a workable child visitation and possession order in Texas June 23, 2019
If you are a parent and are going through either a divorce or child custody case, chance are that you have been thinking about what you would like your child’s life to look like after your case. At ...
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Dividing up present and future military retirement benefits in a Texas divorce June 22, 2019
It is not only retirement benefits that you are currently eligible for that can be awarded to your spouse in a Texas divorce . Future retirement benefits- ones that you are not even eligible for right ...
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Division of military retirement pay in Texas divorces June 21, 2019
The Federal laws that cover the division of military retirement pay in Texas divorces is known as the Uniformed Services Former Spouses Protection Act (USFSPA). It allows Texas family law courts to ...
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What can happen if you hide assets in your Texas divorce? June 20, 2019
Divorces work the best when both parties have access to the same information and can negotiate with each other based on that information. Transparency is typically a good thing, and a divorce setting ...
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How disability issues are handled during a military divorce in Texas June 19, 2019
Military servicemembers in some circumstances sustain injuries while in the line of duty. If you were unfortunate enough to sustain an injury that ended your military career and caused you to receive ...
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Will your child be able to receive Social Security Disability Insurance and Child Support after a divorce? June 18, 2019
If you or your spouse are disabled and receiving disability insurance benefits through the Social Security Administration then you are likely aware that your children are also eligible to receive ...
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How VA Benefits are impacted in a Texas divorce June 17, 2019
In exchange for the sacrifice, mental and physical hardships that are associated with serving our country in the military, service members and their families have available to them benefits through ...
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What rights does a military spouse have in a Texas divorce? June 16, 2019
If you are married to a member of our armed services then you deserve special recognition as someone who has paid a price, along with your spouse, in order to benefit our nation and your fellow ...
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Protecting your privacy in a Texas divorce June 15, 2019
In yesterday’s blog post we discussed some basic information related to discovery requests in Texas divorce cases . When your spouse is asking you for information: responses to questions, documents, ...
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What is discovery and how might it affect my Texas divorce? June 14, 2019
There are legal terms that are used in relation to a divorce that we just don’t hear talked about much in day to day life. Discovery is one of those terms. Sure, we know what discovery is and most of ...
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How to prepare financially for your Texas divorce, Part Two June 13, 2019
If you have not already done so I highly recommend that you go back to yesterday’s blog post from the Law Office of Bryan Fagan, PLLC that covers information relating to preparations that you can ...
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How to prepare financially for your Texas divorce, Part One June 12, 2019
A divorce case is enough to cause any person to feel a great deal of anxiety. You are considering whether or not to make a decision that will have a profound impact on your children, yourself and your ...
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Family problems can stem from issues related to child custody and child support June 11, 2019
If your family is in a state of turmoil due to violence, financial problems or anything in between then you may have concerns about the stability of your family and your ability to provide for your ...
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The benefits of a Texas premarital agreement June 10, 2019
In my years of practicing family law , I have found that so much of the practice involves helping clients understand what reality is versus their perception of reality. For example, if you are like ...
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What does a mediation mean to your Texas divorce case? June 9, 2019
If you think that you are going to be stuck with a cranky judge issuing a ruling in your divorce it’s time to think again. The vast majority of Texas divorces end not in the courtroom but in a ...
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A divorce in Texas: From temporary orders onward June 8, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we covered the initial phases of a divorce in Texas and what you can expect within them. Today we will pick up where we left off by ...
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Want a divorce in Texas? Follow these steps June 7, 2019
Divorces in Texas are a paradox. On the one hand, I would tell you that your divorce is unique and that nobody else’s before yours or after can match it in terms of circumstances and characteristics. ...
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Can I Revoke or Set Aside a Mediated Settlement Agreement in a Texas Divorce? June 6, 2019
A while back, a fellow attorney asked me some questions about whether a Mediated Settlement Agreement (MSA) could be revoked or set aside in a Texas Divorce. I have also debated this question before ...
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Texas child support can differ depending on how much visitation time you are awarded June 6, 2019
There are a number of factors in play when it comes to how child support can and should be calculated in your divorce or child custody case. In large part, the amount that you will be on the hook for ...
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Punishment Range for Crimes in Texas? June 6, 2019
As an attorney who also handles criminal cases, one of the common questions asked is: “What is the punishment range for the crime I have been charged with?” Therefore, I thought it was a good idea to ...
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How to ensure that your spouse pays you money awarded in a Texas divorce June 5, 2019
In many divorce cases there will come a point in mediation where one spouse will be concerned that the other will not follow through on some part of their agreement. I’ll give you an example. Suppose ...
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Contractual alimony as a form of spousal support in Texas June 4, 2019
As opposed to spousal maintenance , which can only be ordered by a judge after a trial has occurred, contractual alimony is a form of post-divorce spousal support that can be agreed to before a trial ...
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How long can spousal maintenance be ordered in a Texas divorce? June 3, 2019
If you have been away from our blog for a little while then you probably missed the first few installments of our blog posts that cover the subject of spousal maintenance . Specifically, we have ...
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The steps to take in order to win spousal maintenance in a Texas divorce June 2, 2019
When it comes to issues that people have the most questions about, I think spousal maintenance is probably one of the most popular. If you are going through a divorce it is likely that the thought has ...
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How the laws in Texas changed regarding spousal maintenance and how it affects your divorce June 1, 2019
In 2011, the State of Texas passed laws that change the manner in which you can be eligible to receive spousal maintenance via a court order. The laws purposefully restrict your ability to collect ...
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Sharing an attorney in a Texas divorce- Is it possible? May 31, 2019
In some instances, spouses will come into our law office to discuss the possibility of our office representing both of them in an upcoming divorce . They have already hatched a plan to settle all of ...
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Divorce in your future? Read about some lesser known issues that can impact your life May 30, 2019
Divorce in and of itself is not uncommon in our world today. What is uncommon, however, is a person entering into the divorce process with as much information as he or she needs to be successful. Many ...
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Costs associated with a divorce in Texas May 29, 2019
Arriving at a decision to file for divorce is not easy. You likely have taken a great deal of time to consider your options and whether or not moving forward with a divorce is the right choice for you ...
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Divorce is done? Do these things next to complete the process May 28, 2019
Just when you think you’re done, you get pulled right back in. If you thought something along those lines as you read the title of today’s blog post from the Law Office of Bryan Fagan, PLLC I can’t ...
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More mistakes to avoid in your Texas divorce May 27, 2019
We all want to avoid mistakes in life. Hindsight is 20/20 as the old saying goes and it wouldn’t hurt to be able to have some perspective on your divorce before you actually head into the case. Better ...
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Representing yourself in your divorce? Be sure to consider these popular divorce myths May 26, 2019
Yesterday we introduced a topic that is an important one in my opinion, namely, popular myths that if believed could harm you during your divorce. Specifically, I noted that myths and untruths ...
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Thinking about trying to get a divorce in Texas without an attorney? Read this blog first May 25, 2019
The only thing more prevalent in Texas than family law attorneys are myths about family law cases, specifically divorces. Everybody knows someone who is divorced nowadays. Each of them have an opinion ...
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Are military divorces the same as civilian divorces? May 24, 2019
If you are in the military or are a spouse of an active duty servicemember you don’t need me to tell you that your life is different than most of your neighbors. The demands on your time, the ...
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Answers to your questions related to property and divorce in Texas May 23, 2019
Outside of issues related to your children, if you are going through a divorce then odds are you are most concerned with your property. “Stuff” may not be the most important thing in the world but it ...
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What you need to know regarding marital property in Texas prior to your divorce May 22, 2019
Knowing the ins and outs of how the property that you own- both individually and collectively with your spouse- will be divided in your divorce is incredibly important. The rules associated with ...
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Have child support questions? Don't fall for these popular myths May 21, 2019
Yesterday we began to discuss the much debated topic of child support . If you have been through a divorce or a child custody case then you are likely aware of this. However, if you are just beginning ...
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Common misunderstandings about child support laws in Texas May 20, 2019
I think that of all the issues regarding family law in Texas, the one that I get the most upset, flustered and exasperated questions about is child support . Whether you are the parent who stands to ...
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Ask yourself: Is including a right of first refusal in your parenting plan the right thing to do? May 19, 2019
In yesterday’s blog post we introduced the topic of the right of first refusal as it pertains to parenting plans in family law cases. Basically, the right of first refusal involves the need for either ...
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What is a right of first refusal in a Texas parenting plan? May 18, 2019
If you are involved in a divorce or a child custody case then your primary concern likely lies in the area of your who will be taking care of your children when you are not with them. That, from my ...
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The relationship between your attorney and your spouse's attorney and its potential impact on your Texas divorce May 17, 2019
People, like yourself, who are going through a divorce have a lot of questions typically. What is going to happen to your relationship with your children? Are you going to have to pay spousal ...
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Should you fire your divorce attorney? Read this blog post to find out May 16, 2019
Sometimes, relationships don’t work out. The fact that you are reading this blog post on a family law attorney’s blog tells me that this statement that I just made is absolutely true. It is true for ...
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Headed towards a divorce? Learn how to choose an attorney who is right for you May 15, 2019
For the past couple of days, the attorneys with the Law Office of Bryan Fagan, PLLC have spent some time helping you learn how to choose a family law attorney for your divorce case. The advice that we ...
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Searching for a divorce attorney in Texas? Consider these helpful tips first May 14, 2019
Hiring a divorce attorney takes time. If you have never gone through this process I can assure you that it is not one that you want to rush through only to find that by saving time you ended up ...
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Selecting the right attorney for your Texas divorce May 13, 2019
No two divorces are created equal. Your divorce could be highly contentious and filled with drama about money and children. Your neighbor’s may be calmer with less to argue about and fewer hurt ...
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How to get a divorce in Texas when you can't locate your spouse May 12, 2019
In the event that you are pondering whether or not to file for divorce it is also likely that your marriage is in bad shape. That may be the understatement of the century or about the least profound ...
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Moving your family law case from one Texas court to another May 11, 2019
You have managed to file for a modification of a prior child custody order, you’ve gotten your ex-spouse served and are ready to move on to phase two of your case when you get the impression (for one ...
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Things you probably didn't know about divorce in Texas but definitely need to May 10, 2019
You’ve probably heard the expression, “What you don’t know can’t hurt you.” I don’t know where the phrase came from and as an attorney I couldn’t think of a less true statement, to be honest. What you ...
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Have Wealth? Over 50 years old? Read this before your divorce begins May 9, 2019
We began to discuss the topic of over-50 divorces in yesterday’s blog post from the Law Office of Bryan Fagan, PLLC . As I will often do when we have multi-day topics such as this one, I recommend ...
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Over the age of fifty and considering a divorce? Read this blog post first May 8, 2019
With the benefit of age comes the ability to have built up wealth that stands to benefit you, your spouse, your family and generations of your family to come. The effort that you put into building a ...
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Families in America are changing- here is what you need to be aware of May 7, 2019
It wasn’t that long ago when divorce was relatively uncommon and most people’s households looked pretty similar. Mother. Father. Children. Everyone lived under the same roof. Dad worked, maybe Mom ...
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Wanting to date before your divorce is over with? Read this first May 6, 2019
Everybody wants to be happy. You do. I do. My wife does. My daughters do. I could go on and on just like this. Suffice it to say that in our modern world happiness and living out a life that causes ...
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Dating during your Texas divorce: Why you shouldn't do it May 5, 2019
Coming to the realization that you need to get a divorce can be extremely challenging. After all, you are pondering whether or not to end a relationship that has been the longest and most important ...
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Co-parenting tips for the summer and holidays May 4, 2019
As we inch closer to the end of another school year, parents across the State of Texas are bracing for the return home of their children. Not that the kids have been away from home for nine months, ...
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What effect does adultery have on your Texas divorce May 3, 2019
The reason that brought you to the website for the Law Office of Bryan Fagan, PLLC is likely the same reason why other members of your community are here as well. Infidelity (known in the law as ...
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Father's Rights in Texas divorce cases May 2, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced and discussed information and topics related to father’s rights in the context of divorce cases. If you are a Texas ...
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The rights of fathers in Texas divorce cases May 1, 2019
You may be involved in a divorce case with your wife, but if you are a Texas father your primary concern is probably that you will not be able to have the same relationship with your children that you ...
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Quick and easy divorce? Read this to see if one is possible for you in Texas April 30, 2019
While not every divorce can be done in sixty, seventy or eighty days, some can. For this to be possible you and your spouse will need to understand how this can be done and if your circumstances will ...
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How to speed up your divorce in Texas April 29, 2019
Nobody wants to go through a divorce . You may find yourself wanting to separate yourself from your spouse due to arguments, anger, violence, lies and any number of other bad and intolerable offenses ...
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Whether or not to move out of your family home during a Texas divorce April 28, 2019
When a divorce is filed, either by you or your spouse, it sets up a potentially awkward (at best) situation in your home. You and your spouse know that your marriage is not going to continue and that ...
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How to get a divorce based on abandonment in Texas April 27, 2019
You are able to get a divorce in Texas for any reason under the sun- or none at all. I like to tell potential clients who come into the Law Office of Bryan Fagan, PLLC for a free of charge ...
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Disabled and receiving Social Security benefits? Read this blog post before beginning your divorce April 26, 2019
Let’s open up today’s blog post from the Law Office of Bryan Fagan, PLLC by going through a hypothetical situation that could be relevant in your situation. After we go through the hypothetical we ...
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Getting a divorce when you or your spouse is disabled April 25, 2019
People with disabilities face challenges that are unique to their given situation. Whether the disability is mental or physical if you are disabled there are daily, sometimes hourly reminders that ...
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The impact of divorce on spouses who receive disability payments April 24, 2019
If you are unable to work due to an injury that you have suffered or from an illness then you may well have applied for Social Security Disability benefits . These benefits are either disability ...
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Dating during divorce in Texas: To do or not to do? April 23, 2019
There are lots of reasons to get a divorce . I meet with folks that have gone through serious problems in their marriages over the course of many years. These people have sought counseling, therapy ...
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Debt and Divorce in Texas April 22, 2019
Generally speaking, if you are getting a divorce there are two subjects that should be at the top of your list of important ones to consider before beginning your case. The first is children. If you ...
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Under the radar ways that divorce can impact your credit, Part Two April 21, 2019
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC , we introduced the topic of how divorce can have long-ranging impacts on your credit . If you have not already done so I recommend ...
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Under the radar ways that divorce can impact your credit April 20, 2019
In the world we live in today credit has become an integral part of our lives. If you want to rent an apartment, obtain a business loan, buy a house, put an addition on your existing home or do much ...
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What degree of impact will divorce have on your credit score? April 19, 2019
If you search for online articles about divorce and finances you could spend the rest of your life reading through the results and still wouldn’t have enough time to read them all. Besides children, ...
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What should you do when you want a divorce but can't locate your spouse? April 18, 2019
It’s 5:00 on the day that you file your Divorce Petition . Do you know where your spouse is? If you find yourself in a position where you want to get a divorce and in fact have already filed to get ...
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Alternative methods of service in a Texas divorce case April 17, 2019
In yesterday’s blog post we details the steps that are involved with providing notice of your divorce lawsuit through a process called service. This is not a complicated topic but it is very important ...
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I Have Been Sued, Can They Take My Property? April 16, 2019
By Amir Tavakkoli, A.T. Law Office, Houston, TX In a today’s age where lawsuits and suing someone for monetary damages has become more common than ever before, a time when attempting to resolve ...
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Serving your spouse with a Petition for Divorce April 16, 2019
A divorce case does not truly begin at the time you interview your attorney for the first time. It does not begin at the time you actually hire the attorney. It still really hasn’t begun when your ...
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Details on filing a motion for continuance in your divorce case April 15, 2019
The most prominent concern that most people have in regard to their divorce is the length of the process. How long is this going to take? Getting a divorce can be like going to the dentist…everyday, ...
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Uncontested divorce in Texas: Sixty days between you and the rest of your life April 14, 2019
How can you speed up the divorce process a great deal in Texas? The best answer to this question to work with your spouse prior to filing for divorce in order to settle any outstanding issues that you ...
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Important questions regarding divorce in Texas April 13, 2019
Can you get divorced in Texas if you were married in another state? The answer to this question is yes, if you or your spouse qualify as residents in Texas and the state has jurisdiction over your ...
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What questions should you be asking about your Texas divorce? April 12, 2019
What makes a divorce such an interesting process is that it combines the formalities of a full-fledged legal case, and the personal aspects associated with the relationship between you, your spouse ...
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Want to avoid a costly divorce in Texas? Avoid doing these three things April 11, 2019
In today’s blog post from the Law Office of Bryan Fagan, PLLC we will conclude our three day topic of discussing what factors/circumstances in your divorce can drive up the costs associated with the ...
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What can make your divorce cost more money? April 10, 2019
The title to the blog says it all. Most people who come in for a free of charge consultation with the Law Office of Bryan Fagan, PLLC will ask me some variation of the question: “What can I do to make ...
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What factors in your Texas divorce can increase the total cost of your case? April 9, 2019
As I’m sure you could imagine, the attorneys with the Law Office of Bryan Fagan, PLLC represent all sorts of people who are going through divorces . We have clients who have a lot of money and no ...
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What goes into a social study evaluator's report April 8, 2019
A social study can be a pretty invasive process. You are asked to speak to a stranger about your strengths and weaknesses as a parent. You are asked to turn over a list of references of people in your ...
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The importance of a reference letter during a child custody home study April 7, 2019
The past few days we have been discussing the topic of social studies generally and more specifically home studies in yesterday’s blog post. If you have not done so already I recommend that you go ...
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What happens during the Home Visit portion of social study April 6, 2019
In a Texas family law case where child custody is being disputed you will be assigned a social study evaluator to work on your case. This evaluator will conduct a social study that results in ...
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Preparing for a Social Study during your divorce or child custody case April 5, 2019
In your divorce or child custody case you may be faced with a difference of opinion between yourself and your opposing party on who should have the right to determine the primary residence of your ...
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How to find and pay for an attorney in your Texas family law case April 4, 2019
When you get into a position where you need to hire an attorney for your family law case, what should you do? I mean, you obviously want to hire a lawyer but what should you do to actually get into a ...
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Issues regarding selecting and paying for a family law attorney in Texas April 3, 2019
If you were motivated to do so you could read through the hundreds of blogs that we have posted on our website over the past years and you can learn a lot about a number of different topics in Texas ...
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Is it possible to get your spouse to pay your attorney's fees in your divorce case? April 2, 2019
This past week I had an opportunity to meet with a woman who came in to the Law Office of Bryan Fagan, PLLC to tell me about a divorce petition that she was having to respond to. She was served with ...
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Tips for business owners going through a divorce in Texas April 1, 2019
If you or your spouse own a business that is part of your community estate then you probably know just how much of an impact that business has had on your family and your finances. Whether it is a ...
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What can a CPS investigation into your family mean now and in the future? March 31, 2019
Some of the most frustrating and sad cases that the attorneys with the Law Office of Bryan Fagan, PLLC work on for our clients are those that center around Child Protective Services ( CPS ) ...
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Is it possible to appeal the results of a temporary orders hearing in Texas? March 30, 2019
A temporary orders hearing may not sound like a big deal based on its name alone. After all- “temporary” means not permanent and therefore not important, right? If you can change something later on ...
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Heading into a Temporary Orders hearing? Here is some advice on how to succeed March 29, 2019
Despite the fact that the vast majority of family law cases in Texas settle before the parties ever have to reach a contested hearing, there are still some instances where you may find yourself ...
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Can you file a motion for new trial in your divorce case after a default judgment was rendered against you? March 28, 2019
In the State of Texas, after you have been served formally with a divorce petition as filed by your spouse, you have until 10:00 a.m. on the first Monday that occurs after the expiration of twenty ...
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What is a motion for new trial in Texas? March 27, 2019
If you believe than an error was made by a judge in your child custody or divorce trial you have an opportunity to correct the error(s) by filing a motion for new trial. By filing a motion for new ...
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Can you appeal the division of property outcome from your divorce trial? March 26, 2019
If your divorce case went all the way to a trial then you know just how much of a commitment it is to see a case from beginning to end. All of the time, money and emotional output that is required in ...
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Can fraud be the basis for your getting an annulment? March 25, 2019
If you have recently, or not so recently, gotten married and now are having second thoughts you are not alone. It happens with far too great of frequency that spouses across Texas believe that their ...
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How difficult is it to get an annulment in Texas? March 24, 2019
I was fortunate to meet with a young lady this past week who came to our office to ask some questions regarding the possibility of getting an annulment from her husband. Her circumstances don’t need ...
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Are you eligible to adopt a child in Texas? March 23, 2019
The State of Texas has certain requirements that you must meet in order to be legally able to adopt a child in our state. For starters, you must be at least 21 years old and be a responsible adult ...
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Adopting a child from a foreign country March 22, 2019
An adoption order that is created in another country in regard to you adopting a child from that country is given as much weight and enforceability as an adoption order created in Texas. The only ...
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Pre-adoptive social studies: What will yours look like and what should you expect March 21, 2019
Attempting to adopt a child is one of the most generous and loving acts that you can undertake. If you have already filed your petition for adoption you have likely come to realize that there will be ...
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Basic Information about Step Parent adoption in Texas March 20, 2019
Blended families are more and more becoming the norm in Texas and around our country. With that, the dynamics of what a family looks like and who comprises the family are changing. In situations where ...
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What is family violence mean in conjunction with family law cases in Texas March 19, 2019
Family violence commonly refers to a pattern of sustained abuse by a perpetrator against a victim with whom the perpetrator shares a familiar, dating and or marital relationship. The purpose of the ...
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What is included in an emergency protective order in Texas? March 18, 2019
Otherwise known as a Magistrate’s Order of Emergency Protection, an emergency protective order must contain the following information no matter what your particular circumstances are. As we discussed ...
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The role of protective orders in Texas family violence cases March 17, 2019
There is a problem in our State (and you could insert the words country and world in here if you would like) regarding violence between spouses and intimate dating partners. Between emergency phone ...
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Spousal maintenance in a divorce with a disabled child March 16, 2019
If you and your spouse have been married for at least ten years prior to your divorce then you are eligible to receive spousal maintenance after your divorce. Sometimes called “alimony” or “spousal ...
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Parenting your children through a divorce: A family law attorney's guide March 15, 2019
A journey of a thousand miles begins with a single step. This well known phrase has probably been uttered to you a time or two during your life to help you to conceptualize that your first step ...
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Divorce with a disabled child in Texas March 14, 2019
From my experiences working for the Law Office of Bryan Fagan, PLLC , I have come to realize and appreciate that marriages can end even after both spouses have put in a lot of effort to maintain the ...
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Guardianships and alternatives for adult, disabled children in Texas March 13, 2019
In yesterday’s blog post we discussed the process of requesting and obtaining a guardianship over your disabled, adult child. We will continue to discuss that topic today and will also get into ...
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Obtaining a guardianship over a child with disabilities in Texas March 12, 2019
As a parent you are responsible for caring for your child in all areas of their lives. Making sure they go to school, making sure they eat their veggies, making sure that they have a place to live and ...
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How to become the guardian of a minor in Texas March 11, 2019
If you are a grandparent, aunt, uncle or other concerned person with a relationship to a child in Texas you may have pondered how you could become a more permanent part of that child’s life. Recently ...
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What does an Acknowledgment of Paternity actually say? March 10, 2019
For the past couple days we have discussed paternity issues on our blog. An important document that is related to paternity is an Acknowledgment of Paternity (AOP). This is the form that you and your ...
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How can you establish paternity of your child in Texas? March 9, 2019
There is more than one way to skin a cat and there is more than one way to establish paternity in Texas. Let’s start off today’s blog post by going through each of the three options. As an aside, I ...
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Child Support, Paternity and their relationship in Texas family law March 8, 2019
If you are a mother who has just given birth to a son or daughter your concerns are likely related to making sure that child is safe, healthy and well provided for in the years to come. These are ...
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Estate planning issues to address in conjunction with a divorce case March 7, 2019
One of the questions that I always ask clients as they prepare for a divorce is whether or not he or she has a Will in place. Many will tell me no, and that their reason for never having had one ...
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Estate planning, marriage and divorce: What you need to know March 6, 2019
The word “adulting” has been added to our lexicon in recent years in referencing to activities that are thought to display the qualities of being an adult. Things like waking up early for work, ...
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Can spousal maintenance be ordered after a divorce has been finalized? March 5, 2019
Here’s a question that was posed to me recently in a consultation with a potential client of the Law Office of Bryan Fagan, PLLC : can spousal maintenance be awarded to a person after their divorce ...
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Can you collect spousal maintenance for an extended time period if you are disabled? March 4, 2019
If you are in a position where during your divorce you are asking for spousal maintenance as a disabled person you may first be disheartened to learn that there are limitations on how much and for how ...
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A discussion of the factors that will be applied by a judge when determining spousal maintenance March 3, 2019
If your judge determines that spousal maintenance should be awarded to you in your divorce has to figure out how much, how long and how the payments should be made to you from your ex-spouse. To ...
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Spousal Maintenance and Temporary Spousal Support in Texas divorces March 2, 2019
Frequently referred to as “alimony” spousal maintenance is a relatively recent phenomenon. In fact, Texas was the last state in the country to create a law that allows a court to obligate a person to ...
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What is paternity fraud and how can it affect your child? March 1, 2019
Paternity fraud occurs when a mother tells a man that her child is the man’s biological offspring despite knowing that either the man is not the father of the child or he may not be the father of the ...
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Spring Break Visitation in Texas March 1, 2019
Spring Break is a great time of the year. It is that perfect mid-point between the short, cold days of Winter and the extended days of fun-in-the-sun that we are fortunate enough to experience in the ...
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Mediation for family law cases February 28, 2019
Is your divorce or child custody case going to go before a judge? Will you have to withstand a couple days in court in order to arrive at a conclusion to your case? These are common questions, and ...
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Grandparents in Texas: What rights do they have in regard to visitation? February 27, 2019
Families are structured differently now than in previous generations. The “nuclear” family that has been exhaustively discussed and written about since the end of World War II. We now see families ...
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College Expenses and Child Support after divorce: Money, money, money February 26, 2019
If you have not already done so I recommend that you go back to yesterday’s blog post and read what we were discussing about college tuition, divorce and agreeing with an ex-spouse to take on the ...
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College expenses for the children of divorced Texas parents February 25, 2019
When we talk about college expenses what exactly do we mean by that term? Tuition for attending classes at a college or university is probably the first thing that most of us think about. Room and ...
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Joint Custody and Child Support in your Texas divorce February 24, 2019
When we use the term “ joint custody ” what do we mean, exactly? Custody as a word does not appear in the Texas Family Code even once. It is a term that we use to combine all aspects of parenting ...
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Answering common child custody questions for Texas parents February 23, 2019
Answering common child custody questions for Texas parents In recent months I have had a handful of people come into the Law Office of Bryan Fagan, PLLC with questions about how set in stone their ...
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Things you didn't know about divorce in Texas February 22, 2019
Have you ever misunderstood something but never bothered to ask for a clarification? Or have you ever been told something by a friend or relative that you knew in your heart wasn’t right but didn’t ...
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Trends in Texas custody law February 21, 2019
Many people going through divorces , especially fathers, tend to hold beliefs that are not quite accurate in regard to child custody laws in Texas- in the past and in the present day. Today’s blog ...
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What is a Stowers Demand? February 21, 2019
I previously discussed in other articles of auto accident cases and/or personal injury claims, including, how to get more money after a car accident, and the auto insurance policy limits for your ...
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How Much Money Can I Get For My Car Accident February 20, 2019
I previously discussed in another article, how to get more money after a car accident, ( click here to see previous article ) the issues with getting in an auto accident and how to get more money in ...
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Who gets the house in a Texas divorce? February 20, 2019
We’ve all heard the tried and true sayings regarding a home . It’s the most important purchase you will ever make, some will say. It’s an investment in your future, others will opine. Whatever it is ...
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What does fairness mean in a divorce court when it comes to splitting property? February 19, 2019
There’s more to life than money, stuff, property, etc. If you have kids then you know this to be an ironclad rule. If you don’t have kids you probably still have aspects of your life that are more ...
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How do property issues get sorted out in a Texas divorce? February 18, 2019
When you think about a divorce does your mind immediately go to thoughts of a courtroom with an old, stuffy judge in the front who is banging a gavel and deciding your fate? It does for most people ...
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Answers to popular divorce questions in Texas February 17, 2019
A divorce, simply put is a dissolution of your marriage. This means that you and your spouse will be declared to no longer be married by court order. Your marriage will no longer exist by virtue of ...
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Useful adoption information for Texas parents February 16, 2019
Today, I would like to continue discussing an important topic that is related to family law : adoption . If you are interested in going back to yesterday’s blog post in order to read what we posted on ...
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Spouses in business together, domestic violence and adoptions in Texas February 15, 2019
If you and your spouse have any inkling about starting a business with one another then you will want to read this blog post. Starting a business with your spouse is not like starting a business with ...
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Money and Marriage- Answers to your questions February 14, 2019
When I’m meeting with a person in our community during a free of charge consultation offered by the Law Office of Bryan Fagan, PLLC I do my best to notice trends in questions that are asked of me. The ...
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Duties that you owe to your spouse in marriage February 13, 2019
A lot of prospective clients that come in for a free consultation with one of the licensed family law attorneys with the Law Office of Bryan Fagan, PLLC will do so with questions about their marriage ...
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Premarital agreements and the duties of a husband and wife in marriage February 12, 2019
What sort of benefits and disadvantages may be inherent for you and your spouse when it comes to signing a premarital agreement ? That is probably the most common question that I am asked by a person ...
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Relevant questions to ask a family law attorney in Texas February 11, 2019
In doing some recent consultations with potential clients of the Law Office of Bryan Fagan, PLLC I have encountered some topics that I don’t think I have ever written about on this blog. With that ...
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Finances for the new, post-divorce you February 10, 2019
Have you recently been divorced? Think back to your mindset at the beginning of your case. Were you worried about the future? Were you worried about how your children would react to all the changes? ...
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Wrapping up a divorce in Texas means dealing with financial issues February 9, 2019
A final decree of divorce in Texas will typically have two main sections: one dealing with your children (if you and your spouse have any together) and then another on financial issues. Issues like ...
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A guide to post divorce life: Getting Organized and Moving On February 8, 2019
Once you finally have made it through your divorce you may want to do nothing more than put your feet up and assess your situation for a good long while. After all, you’ve had to go through an ...
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Moving on from divorce means tying on loose ends and looking towards the future February 7, 2019
When you have at long last attended mediation for final orders or have withstood a trial for the same purpose, you probably feel a sense of relief. You may even be asking yourself if this is really ...
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Big picture financial questions to ask during a Texas divorce February 6, 2019
Today’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC will focus on some bigger picture issues that are relevant to your divorce. You may not be focused on these particular ...
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Dividing up a retirement account in your divorce February 5, 2019
Perhaps the most important decision that you will face in your divorce in relation to whether or not to divide up a retirement account during a property settlement is whether you would prefer to ...
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Essential knowledge for retirement savings in your post-divorce life February 4, 2019
Depending on your goals for retirement savings and the circumstances that you find yourself in you may be in a position where you will want to deviate somewhat from what I am going to discuss with you ...
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Purchasing a home after divorce and a Primer on saving for retirement February 3, 2019
In our world today we are bombarded with encouragement from people to purchase a home if we have not already done so. It’s the ticket to the American Dream, some say. You’re a fool for throwing your ...
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Tips on helping you decide whether or not to sell your home in a divorce case February 2, 2019
The mortgage has a role to play in this decision Most of us who own a home do so in part because we were able to take out a loan that represents the lion’s share of the purchase price. If you were ...
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Final thoughts on Bankruptcy and a transition into discussing the sale of your home in a divorce February 1, 2019
When a bankruptcy is initiated after a divorce has already concluded a bankruptcy court will review the divorce decree and that may be all that they review from your divorce. The key points for the ...
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First comes divorce and then comes bankruptcy: What to expect when one follows the other January 31, 2019
If you have not already done so, I would recommend that you go back to yesterday’s blog post from the Law Office of Bryan Fagan, PLLC and read our thoughts on bankruptcy and its potential impact on ...
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The short sale of a home: How does it work and how can it impact your divorce January 30, 2019
An unfortunate byproduct of going through a divorce is that selling the family home is often a reality that needs to be faced. Whether doing so is an order of the court or is agreed upon by you and ...
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Bankruptcy and Divorce January 29, 2019
Filing for Bankruptcy is a decision that you should make only after balancing it against all of the other circumstances and issues related to your divorce. Bankruptcy is a federal matter and is not ...
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Social media best practices during a divorce: Consider the risks January 28, 2019
In my daily life before I make any decision of consequence I always ask myself the following question: “Will my doing (insert specific action here) benefit me or my family in any way?”. If the answer ...
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Best practices in your Texas divorce: Debts January 27, 2019
I can count on one hand the number of people that have come in to meet with me for a consultation who have asked me about debts that they and their spouse have. Debt is a common attribute of married ...
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Child Custody best practices for your Texas divorce case January 26, 2019
At the top of your divorce priority list you will find the subject that is far and away the most important to you. If you are a parent who is going through a divorce then you will almost certainly ...
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How not to handle issues related to property in your Texas divorce January 25, 2019
“Best practices” is a concept that is utilized pretty frequently in the business world. This concept refers to mimicking the operations and processes utilized by other people and companies that have ...
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Handling property issues during a divorce January 24, 2019
Stressful situations usually bring about two sorts of responses from people, at least in my experience. The first group of people will understand that they are in a trying situation and will use that ...
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Maximizing your success in a divorce: What to do (and what not to do) January 22, 2019
The way you act at your grandmother’s house on Thanksgiving is probably different than how you would act on a night out with friends or how you act at work. That’s not a critique of you or anyone else ...
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How not to behave towards your divorce attorney and other helpful tips January 21, 2019
In yesterday’s blog post we spent a great deal of time going through how to go through the process of hiring a family law attorney to represent you in your divorce . Then, we transitioned into tips ...
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What exactly should you talk to your attorney about? January 20, 2019
When a person decides to hire our office to represent him or her in their divorce I always do my best to make that person feel comfortable with our office and with me as a person if I am assigned to ...
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Hiring an attorney for your Texas divorce January 20, 2019
When I am interviewing potential new clients of the Law Office of Bryan Fagan, PLLC , I will typically ask the person if they have ever hired an attorney before. The answer is usually, “No”. Next, I ...
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Technology as a sword and shield in your Texas divorce January 19, 2019
The great thing about technology is that you can use it both as an offensive weapon and a defensive mechanism in your divorce . In fact, if you are not doing so it probably cause you some harm in your ...
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Technology and its role in your Texas divorce January 18, 2019
Even the most resistant among us have an online or digital presence to one degree or another. Just think about how many conversations that you have had with older relatives around the holidays about ...
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Digital tricks to remember during your Texas divorce January 17, 2019
You may count yourself among those people who are not all that computer/digitally/technology savvy. Your line of work may not call for much know how when it comes to technology and your interests in ...
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Digital issues in your Texas divorce January 16, 2019
With the expansion of the digital world your divorce case now transcends the everyday world of time and space that we inhabit on a daily basis. Technology gives us so much and at the same time can ...
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Expenses of a Texas Divorce: How they are calculated and the role of attorney's fees January 15, 2019
Not only is divorce a fairly expensive process but it takes away resources from that already expensive and time-consuming commitment that we all share called our day to day lives. If you are ...
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The wide ranging financial impacts of a divorce in Texas January 14, 2019
It is not just your retirement savings or business interests that can be affected financially in a divorce . What you will learn quickly in a divorce is that the areas of your life are interconnected ...
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Evaluating the dollars and cents of your Texas divorce January 13, 2019
One way to examine the impact of a divorce is to look at it as a matter of dollars and cents. A business transaction of sorts. Yes, it is more than just a business deal. You and your spouse are not ...
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Defining the word "property" in a Texas divorce January 12, 2019
Before we jump further into discussing how property is divided in a Texas divorce and all the issues that come along with it, let’s take a second to slow things down and actually define what property ...
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Getting yourself finances together at the start of a divorce January 11, 2019
There are many moving pieces from a financial perspective when it comes to your divorce. Think of you and your attorney as entertainers who try to keep plates spinning on the end of a stick. Getting ...
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Questions about talking to your child about finances and divorce January 10, 2019
You may be asking yourself what is and what is not appropriate to talk to your child about in the context of divorce. The short answer is that what you believe is appropriate is what actually matters. ...
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Budgeting, Finances and Children and their effect on your Texas divorce January 9, 2019
If you’ve been hanging around the blog for the Law Office of Bryan Fagan, PLLC the past few days then you know that we’ve been discussing the topic of finances. Specifically, how your personal ...
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Talking to your kids about divorce from a financial perspective January 8, 2019
When I was growing up my parents didn’t really discuss finances with me all that much. They got divorced when I was in grade school but, while I knew it wasn’t worth the effort to ask for the most ...
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College Savings and Divorce in Texas January 7, 2019
To get a divorce in Texas and not have some language contained in your Final Decree of Divorce that takes into consideration the need to prepare and save for your child’s college education would be a ...
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How Much Does it Cost to Hire a Criminal Defense Attorney? January 6, 2019
How much does it cost to hire a criminal defense attorney? This is a question that people charged with a crime or their families often think about when dealing with the difficult process of facing ...
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Retirement should be high on your list of priorities during your divorce January 6, 2019
Of all the things for you to worry about as a result of your divorce case you may not feel that your retirement is all that important compared to issues regarding your children, your home and other ...
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Assessing your long term goals divorupon the conclusion of your divorce January 5, 2019
While a reasonable and immediate goal for you to hold in the middle of your divorce is simply for the divorce to be over with, this goal will not suffice when it comes to your need to plan long term ...
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Control the person in your mirror and you can control your finances after a divorce January 4, 2019
There is no way of avoiding a simple truth about divorce : it is not fun. You may have a sense of satisfaction when your divorce is finished but you will not feel anything close to enjoyment as a ...
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10 Most Popular Texas Family Law and Divorce Blogs of 2018? January 3, 2019
Maybe you have recently started to think about divorce. Or, maybe you are in the middle of your divorce , but you have been so busy that you missed some of our blog posts that could help you a ...
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Designating beneficiaries for insurance and retirement after your divorce January 3, 2019
At the outset of today’s blog post, I would like to briefly discuss the importance of having cash on hand in the immediate time period after your divorce. You may be thinking to yourself: “I’ll have ...
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Taking control of your credit after a divorce January 2, 2019
There have been very few instances that I have seen spouses handle finances on an equal basis during my time as a family law attorney. There is usually one spouse who takes the lead on doing any ...
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Credit and Divorce: Get your finances in order by borrowing smart January 1, 2019
Credit is a funny thing. Two generations ago our grandparents had a mortgage on their home- a home that cost around $10,000 most likely. One generation ago our parents started using a credit card for ...
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Divorce and your personal finances: How to prevent a split from your spouse being a spilt from your financial peace of mind December 31, 2018
Divorce is complex. There are deeply personal components to divorce which make the process heart wrenching. You are separating, legally and figuratively, from your life partner and the stability which ...
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Making it through a gray divorce from a financial perspective December 30, 2018
If you are over the age of fifty and are considering a divorce from your spouse you are not alone. Divorces among people of your age group are becoming more common. Just as with every age group, ...
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What is sufficient notice in a child custody case involving ICWA? December 29, 2018
In a typical child custody hearing in Texas, only the parties to the case (as well as the Attorney General for child support purposes) needs to be given notice of a hearing. However, if there is a ...
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The Indian Child Welfare Act Examined December 28, 2018
Because of the special circumstances surrounding Native American children, the Indian Child Welfare Act (ICWA) was created in 1978. The Act requires child welfare organizations across the nation, ...
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The rights of a parent under the Indian Child Welfare Act December 27, 2018
In the event that your child is a member of an Indian tribe or is eligible to become a member of an Indian tribe then your family has rights under a federal law known as the Indian Child Welfare Act ...
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Child custody and Islamic law December 26, 2018
If you are a parent going through a divorce then you know that a large component of your case has related to your child and what sort of custody provisions will be included in your Final Decree of ...
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Obtaining a divorce in the United States as a Muslim-American December 25, 2018
Despite the fact that Muslims can achieve a valid divorce in their faith tradition of Islam, Muslim men and women in the United States can only become legally divorced by obtaining a divorce decree ...
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An Introduction to Islamic Divorce and Marriage Contracts December 24, 2018
One of the benefits of living in southeast Texas is the diversity of the people who live in our community. A group of people that are often the subject of much discussion but a lack of understanding ...
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Divorce in Judaism: A Jewish Court plays its part December 23, 2018
In the Jewish faith tradition, there are courts that are specific to Judaism which play an important part in the life of married persons who are seeking a divorce . Known as a Beit Din (rabbinical ...
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Judaism and Divorce December 22, 2018
Divorce is not an uncommon topic in our world today and is becoming seemingly less and less so as time passes. We all know a friend, co-worker or family member who has been divorced. You may have even ...
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Is it a good idea to hire an attorney when your parental rights can be terminated? December 21, 2018
Being in a position where your parental rights are at risk of being terminated means that you have to make decisions that can affect the rest of your life and the rest of your child’s life. Not only ...
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What you need to know about how your Parental Rights can be Terminated December 20, 2018
Simply put, terminating your parental rights occurs when your rights to your child are taken away. This means that you are no longer your child’s parent and have no duty to support him or her and have ...
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What is reality and what is myth regarding divorce in Texas? December 19, 2018
We all have a friend, neighbor, coworker or family member who is more than happy to give us their opinion on every subject under the son. Unfortunately for us, that person is normally wrong more often ...
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What to believe (and not believe) about family law cases in Texas December 18, 2018
Yesterday we posted a blog that introduced the topic of some commonly held beliefs about Texas family law cases that may not be exactly true. Today we will continue with this subject and hopefully ...
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Getting More Money In Your Pockets After a Car Accident December 18, 2018
v Getting in an auto accident is no fun. There are many long-lasting consequences that people don’t realize. I have been involved in a few accidents myself and to this day, I have a fear to get on the ...
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Widely held beliefs about divorce in Texas: Which are actually true? December 17, 2018
One of the parts that I find to be rewarding of being a family law attorney is having the opportunity to meet with people just like you in our free of charge consultations. In one of these ...
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Parental Relationships of LGBT persons and their children December 16, 2018
If you are the nonbiological parent to a child you should want to look for ways to legalize your relationship with your child in order to protect your rights. As a Lesbian, Gay, Bisexual or ...
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The rights of Lesbian, Gay and Transgender parents in Texas family law cases December 15, 2018
In an era where lesbian, gay and transgender persons are working towards gaining more widespread acceptance of their lifestyles it would only make sense for the legal system to follow suit and honor ...
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Recommendations for military families facing family law related problems December 14, 2018
Just because you are an enlisted member of a military branch does not mean that your life outside of your commitment to our country does not continue. Unfortunately, you will need to deal with ...
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Challenges facing military families: Deployment and Station Reassignment December 13, 2018
If you are a servicemember then you have likely been reassigned to a new station at least once. This change in “home base” often times comes with a change in pay as well. Military pay is based on the ...
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How does being a military family impact your child custody case in Texas? December 12, 2018
Texas is a big state. Texas is a state with a lot of people living here. Stop me before I tell you something you already knew. Fort Hood is one of the largest military installations in the country. ...
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Military families and divorce in Texas December 11, 2018
Families in today’s world are not the nuclear family of generations past. Unmarried couples cohabitate with as much frequency as married couples and children born to unwed parents are commonplace as a ...
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Preparing a Final Order in a divorce involving family violence December 10, 2018
In a perfect world, a final decree of divorce would only be used as a fallback measure for families after a divorce has been completed. You and your ex-spouse would be able to work together to settle ...
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Why mediation may not be appropriate in your divorce from an abusive spouse December 9, 2018
If you are a consistent reader of the blog posts from the Law Office of Bryan Fagan, PLLC then you know that your attorneys are big fans of mediation . Mediation is a process by which two parties to a ...
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Emergency and Temporary Orders in divorce cases involving family violence December 8, 2018
Probably the most frantic people that I come into contact with as a family law attorney are spouses that are needing to not only file for divorce but are victims of violent actions at the hands of ...
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How a judge assesses evidence in divorce that involves domestic abuse December 7, 2018
One of the more straightforward responsibilities that a judge has is to review the evidence submitted, decide what will be included in the official record and then render a decision based on the ...
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How a judge can pick out an abusive parent based on how they behave in court December 6, 2018
One of the tough parts of being a family law attorney is that so much of what we do centers around our ability to convince a judge of something based on the individual circumstances of a case. So, if ...
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What a judge looks for in a child custody case involving family violence December 5, 2018
If you’ve read through the blog posts on our website for a long enough period of time I’m willing to bet that you have come across a post where we have suggested that you try to put yourself in the ...
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What does the end of your family law case mean for you and your family? December 4, 2018
Well, you’ve finally made it. Whether it’s a divorce or child custody case you have managed to make it through the case in one piece. The case is done. Your judge has signed his or her name on the ...
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The importance of mental health and substance abuse on divorce December 3, 2018
Family law attorneys tend to have people talk to us about subjects that they normally would reserve for their priest, pastor or best friend. It allows us to learn more about the person and how to best ...
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Sober up or risk losing your children: Substance abuse and divorce in Texas December 2, 2018
Money fights. Infidelity. These are two of the more common reasons why people get divorced in our country. There are violations of trust inherent in each of these reasons for divorce that once they ...
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Protecting your child from the abuse of drugs or alcohol by their other parent December 1, 2018
A behavior that many parents will attempt to limit their child’s exposure to is that of drug and alcohol abuse. Unfortunately, there are many family law cases that involve a parent needing to protect ...
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Visitation essentials for your final order November 30, 2018
After going through the ups and downs of a child custody or divorce case the last thing you want to have to deal with are final orders that either does not accurately reflect what was agreed upon in ...
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An Overview of Visitation in Texas family law cases November 29, 2018
Negotiating the terms of a settlement related to visitation of your child after a child custody or divorce case can be the most important part of your case. It is not only what is agreed to that is ...
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How using marijuana can have an effect on a child custody case in Texas November 28, 2018
Child custody decisions hinge on a determination of what is in the best interest of your child. If you are a known user of marijuana your use of the drug will be viewed in terms of how often you ...
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What to expect in a Texas Divorce November 27, 2018
This week the attorneys with the Law Office of Bryan Fagan, PLLC have been sharing our thoughts on the subject of divorce with you all. Specifically we have tried to provide you with an overview of ...
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What steps should a family law attorney take to help you navigate your case? November 26, 2018
I have heard from more than one person who has met with me for a free of charge consultation that they were nervous to come in and talk to a lawyer. The reason for this, I think, is that our culture ...
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Combating misinformation and untruths about divorce in Texas November 25, 2018
As a family law attorney I run into people, clients and non-clients alike, who hold views on divorce and child custody cases that are sometimes so off from what the reality of the situation is that I ...
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Beginning a Divorce: Talking to your children about the divorce November 24, 2018
If you have made the difficult decision to file for divorce then you have already crossed a threshold that many people sitting in a similar position as you do not have the mental fortitude to cross. ...
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Getting a divorce in Texas: What to Expect and How to Begin November 23, 2018
Have you ever spoken to a friend or family member’s experiences in completing a task and wondered to yourself: “How did he go about doing that?” Detailed and complex processes can be glossed over when ...
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Advice and Perspective on Grey Divorces November 22, 2018
You may not know it, but people over the age of fifty are getting divorced in the United States at a pace not before seen in our nation’s history. As a result, the adult children of those folks ...
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Helping your children through your Grey divorce November 21, 2018
A relatively recent phenomenon that we have seen occur in the United States is the rise of what are known as “ Grey Divorces ”. These are divorces that occur between parties that are nearing ...
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The tax implications of divorce November 20, 2018
The change in tax law that has gone into affect in 2018 will see a new change in relation to spousal maintenance payments and the ability of the payor to deduct those payments. Starting in 2019 if you ...
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When is it necessary to litigate a divorce case? November 19, 2018
It may surprise you to learn that most divorce cases in Texas are not ultimately decided by a judge. The majority of Texas divorces are decided in mediation or in informal settlement negotiations. ...
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Want to settle your divorce? Follow these steps November 18, 2018
When you first hear the word divorce your mind probably cuts to a courtroom where two people are lobbing insults and accusations at each other about a wide array of subjects. Movies and television ...
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Mediate, don't litigate: How to settle your divorce November 17, 2018
A divorce is a type of family law case. The Law Office of Bryan Fagan, PLLC are family law attorneys. However, a divorce is more personal than a personal injury case and often has more moving pieces ...
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Preparing for a Divorce in Texas November 16, 2018
Is a divorce right for you? That’s probably a question that you’ve asked yourself a time or two recently. After all- you’re reading through blog posts of a family law attorney so you at least have ...
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Divorce Preparation: How to get yourself and your family ready November 15, 2018
In the event that you are considering a divorce you should understand that of all things in life you should not rush into this process before putting forth some serious thought into whether or not ...
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Maximizing your consultation with a family law attorney November 14, 2018
Are you considering filing for divorce or attempting to modify a prior order from a judge? Has your spouse or ex-spouse filed a similar case against you and you need to learn how to respond? These are ...
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Managing your first Thanksgiving after a Divorce November 13, 2018
The holidays can be the best time of the year for many families. They can be a time for togetherness and memories- where cell phones are put away and old times are shared across generations. The ...
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Property considerations to make when divorcing your spouse November 12, 2018
There is never a good time to discuss a divorce either with your spouse or with an attorney. Your life is constantly changing and evolving and you will never have all the time, energy and resources ...
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Premarital agreements and real property issues November 11, 2018
As discussed in yesterday’s blog post, premarital agreements are becoming more and more popular in Texas for persons who are interested in setting up a plan before their marriage for how property ...
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Handling real estate in a Texas divorce November 10, 2018
With divorce rates increasing over the past generation martial property issues are becoming more and more relevant. Whether it means drafting premarital agreements or dividing property in a divorce, ...
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Residency Restrictions and your child after a divorce November 9, 2018
A question that many persons who are either going through a divorce or are facing the prospects of a future divorce ask me is whether or not they will be able to see their child as frequently after a ...
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How using social networks can impact your divorce November 8, 2018
If you are an adult of any age in 2018 it is likely that you have at least some degree of online presence in terms of social media. Without going through each social media website by name, I am almost ...
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How to respond to certain behaviors of your child after your divorce November 7, 2018
Each child is an individual and displays individual characteristics and habits that set him or her apart from every other person and child on earth. It is important to keep in mind, however, that ...
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Examining the relationship between parents and children after a divorce November 6, 2018
Whether you care to admit it or not, your relationship with your child will change after you and their other parent get a divorce . There is no way to escape this reality. In some ways the manner that ...
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Helping your child adjust to post divorce life November 5, 2018
When there is conflict and difficulty in your relationship with your spouse it is common that a separation would occur where one of you remains in your home and other leaves to find another place to ...
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How to handle a situation where your spouse is being unfaithful to you November 4, 2018
One of the fears that many people that I have met with in my time as a family law attorney have presented to me have to do with whether or not their spouse is being faithful to them. When you make a ...
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Prenuptial and Postnuptial Agreements: Essential knowledge for Texans November 3, 2018
There may be a less romantic topic to discuss with your spouse to be than a prenuptial agreement . Nothing says “love” quite like a contract between yourself and another person where your property is ...
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More questions and answers regarding your military divorce November 2, 2018
How is a divorce in Texas structured in terms of stages? No two divorces are exactly the same. As such, it is difficult to accurately predict the length of your divorce in terms of time. However, the ...
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Answers to popular questions regarding military divorces November 1, 2018
In yesterday’s blog post the attorneys with the Law Office of Bryan Fagan, PLLC introduced the subject of military divorces by posing a number of questions that we have been asked throughout the years ...
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Divorcing your spouse while serving in the military abroad October 31, 2018
If you are serving in the military and are living thousands of miles away from your home in Texas you probably have questions that differ from other people who are also considering a divorce from ...
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Characterizing your assets as community or separate property through tracing October 30, 2018
If you are embarking upon a divorce then you probably understand that it is not an easy process to go through. One of the difficult aspects of a divorce is how to properly characterize the property ...
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Important aspects of infrequently discussed issues in child support enforcement suits October 29, 2018
Our state provides attorneys with the ability to collect child support on behalf of their clients that is due and owing. The thought is that parents who do not support their children financially are ...
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Important yet infrequently discussed issues in child support enforcement October 28, 2018
If you have an ex-spouse who was ordered in your divorce to pay child support then you know all too well that feeling of unease when a payment is not received by the first of the month. It wasn’t ...
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Partnerships, sole proprietorships and other topics related to small business and divorce October 27, 2018
Do you or your spouse own a small business , either together or independently? If you do and are also marching quickly towards a divorce it is likely that you do not know nearly as much about how the ...
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10 Tips on How to Find the Best Child Custody Lawyer in Houston October 26, 2018
If you're searching for a child custody lawyer you're probably looking for the "best lawyer," right? Few things get us as passionate or protective as our children. That is a major reason child custody ...
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How to treat your small business in the context of a contested divorce October 26, 2018
If you and your spouse are moving towards a divorce it will be a difficult time for both of you regardless of what the circumstances are. A factor that can make the divorce even more difficult- from ...
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A father's rights in the context of a child custody or divorce case in Texas October 25, 2018
My motivation to write this blog post and the one that preceded it (posted yesterday) was based on my experience working with dozens and dozens of good, well-intentioned fathers who feel like their ...
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Viewing a custody case through the eyes of a father October 24, 2018
When considering a child custody or divorce case , the issues contained in these legal matters can have potentially large impacts on the lives of the mothers and fathers involved in them. Once it has ...
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Standards of Proof How Would Kavanaugh Hearing Have Played Out in Court? October 24, 2018
Being a lawyer who handles family, criminal, and car accident cases, I must be familiar with all standards of proof. Standard of proof is the level of convincing required to get a judge or jury to ...
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How manage your Child Protective Services case and maintain your sanity October 23, 2018
As we have spent the past few weeks discussing the subject, you can hopefully tell that a CPS case can be complicated, difficult, stressful and rewarding all at the same time. You will be pushed in ...
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Advice on transitioning your child back into your home after a Child Protective Services investigation October 22, 2018
The good news is that your child is back in your home after a long absence due to an ongoing CPS case . The not so good news is that you are now going to have to make adjustments to how you did things ...
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How to proceed after your child is returned home after a Child Protective Services case October 21, 2018
Great news! Your child has been returned home after being away for up to one year. You have done what was needed to improve the safety of your home and to ensure that your child is your number one ...
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Life after a Child Protective Services Investigation has ended October 20, 2018
Like all things in life, good and bad, your CPS case and investigation will eventually end. If you are just beginning the process it may not seem like it but it is absolutely true that CPS will not be ...
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Handling a Child Protective Services case while addicted to drugs or alcohol October 19, 2018
If you are a parent who is facing a CPS investigation due to an addiction to drugs or alcohol there is specific information you should be aware of as you begin to map out a plan for yourself and your ...
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If domestic violence is occurring in your home can your children be removed by Child Protective Services? October 18, 2018
When considering the potential safety risks that could result in your child being removed from your home domestic violence ranks very high on the list. It is looked upon as being so high a risk and ...
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Child Protective Services cases from the perspective of a teen parent October 17, 2018
It is possible for a teenager to be a part of a CPS investigation as both the subject of the investigation as a parent as the child who was potential abused or neglected by their parent. If you are a ...
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Prepare financially for your Texas divorce October 16, 2018
Most people do not move towards a divorce eagerly. Begrudgingly, anxiously, nervously, angrily- insert whatever adverb you would like, most people are not all that excited to be legally ending their ...
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The role of the non offending parent in a Child Protective Services case October 16, 2018
Supposed that you are a parent of a child who was recently removed by CPS from your home. What’s more, now CPS has gone to court and asked a judge for an order that allows them to keep conservatorship ...
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Miscellaneous pieces of advice regarding your Child Protective Services investigation October 15, 2018
A general caveat that I apply to many blog posts written on behalf of the attorneys with the Law Office of Bryan Fagan, PLLC is that the advice that we give and the hypothetical situations we present ...
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Saying goodbye to your child after a Child Protective Services visitation session October 14, 2018
When you are working your way through a Child Protective Services investigation the time that you are afforded with your child is precious. Having a child removed from your house was an ordeal that ...
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Approaching visitation from the perspective of your Child Protective Services case October 13, 2018
The most important aspect of your being able to visit with your child during your Child Protective Services ( CPS ) case is that you all will have been separated from one another for what will likely ...
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Visitation with your child during a Child Protective Case in Texas October 12, 2018
In all of the confusion, stress, and anxiety that surrounds a Child Protective Services case in Texas, one of your most immediate concerns likely has to do with how quickly you can see your child if ...
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Communicating with Child Protective Services employees during an investigation October 11, 2018
You may consider yourself to be a friendly, outgoing person but that does not necessarily mean that you possess the communication skills that are needed to be able to communicate with a CPS case ...
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The Dirty Divorce Trick of The Trial Separation October 10, 2018
Although this trick got its own blog in many ways, it is a continuation of a previous blog regarding “ Getting Your Spouse to Leave the Marital Home .” I have seen many spouses use the hope of ...
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How to successfully work with Child Protective Services during an investigation October 10, 2018
The tough part of being involved in a Child Protective Services ( CPS ) investigation is that the same people who are investigating you for allegedly abusing or neglecting your child are the same ...
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The Dirty Divorce Trick of The Do it Yourself Divorce October 9, 2018
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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Assisting your lawyer during a Child Protective Services case October 9, 2018
When you hire an attorney to represent you in a case involving Child Protective Services ( CPS ) you are placing a lot of trust in that person to competently and effectively represent your interests. ...
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The Dirty Divorce Trick of Getting Married Again October 8, 2018
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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Expectations for you to have regarding your attorney in a Child Protective Services case October 8, 2018
If you’ve been reading the blog posts from the Law Office of Bryan Fagan, PLLC for the past few weeks you’ll know that we’ve been focusing on Child Protective Services ( CPS ) cases recently. This is ...
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Your attorney's role in a Child Protective Services case October 7, 2018
When it comes to Child Protective Services ( CPS ) and the potential impact a CPS investigation can have on you and your family it is always advisable to have an attorney in your corner representing ...
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The Dirty Divorce Trick of Forget What the Papers Say, I’ll Do This or That October 6, 2018
There are various manifestations of this dirty trick that I have seen where a spouse has asked the other spouse to ignore the language of the divorce decree and sign the papers. In today’s blog, we ...
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Family Group Conferences and Family Team Meetings in a Child Protective Services case October 6, 2018
If you are involved with CPS in a case involving your child he or she will invariably ask to talk to you about involving your family as a support network in caring for the best interests of your ...
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How to conduct yourself in the courtroom during a Child Protective Services case October 5, 2018
Whenever a client asks me how to act in court I always smile and think that person must have led a pretty good life to that point to never have had to enter a courtroom for any reason. The fact of the ...
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Frequently Asked Questions regarding going to court for your Child Protective Services case October 4, 2018
We’ve now had an opportunity to discuss how and why Child Protective Services (CPS) would open up an investigation regarding you and your family as well as how the investigation proceeds. The legal ...
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Status and Permanency Hearings in a Child Protective Services case October 3, 2018
Before we continue our discussion on the court process associated with your CPS case , I wanted to take a quick timeout to go over what a service plan is and how it can impact your case. A service ...
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The Dirty Trick of Stripping the House During a Texas Divorce October 2, 2018
This blog is a continuation of a previous blog regarding damaging, destroying, or selling marital assets. Some spouses move everything out of the house before they file for divorce . Alternatively, if ...
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Finding permanency for your child in a Child Protective Services case October 2, 2018
Your life was probably pretty predictable before Child Protective Services became involved in an investigation regarding your child. You woke up, got ready for work, got your child ready for school ...
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The Dirty Trick of Using the Same Divorce Lawyer October 1, 2018
One of the most frequently asked questions that I hear is, “Can my spouse and I use the same attorney for our uncontested divorce ?” The answer is no. Whether your divorce is contested or uncontested, ...
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Foster care examined in the context of a Child Protective Services case October 1, 2018
Suppose that you and your family have become the subject of a Child Protective Services ( CPS ) case and it has been determined that your home is not a safe environment for your child to reside in. As ...
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Important information relating to the removal of your child during a Child Protective Services case September 30, 2018
Many people that I have spoken to as an attorney with the Law Office of Bryan Fagan, PLLC have asked me how exactly their child may be removed from their home as a result of a Child Protective ...
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The Dirty Trick of the Common Law Marriage September 29, 2018
In Texas, many people are aware that Texas recognizes common-law marriage. However, not everyone I meet with is aware of what it takes to meet the Texas statutory requirements of being common law ...
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Your family as a resource during a Child Protective Services case September 29, 2018
While you may feel like retreating into a corner during the initial days of a Child Protective Services (CPS) investigation involving your child, I can tell you that this is not a good use of one of ...
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How your interfering with a Child Protective Services investigation affects your case September 28, 2018
If you have been reading through the blogs posts that the Law Office of Bryan Fagan, PLLC has been posting the past few days then you will know that we highly encourage any person who is going through ...
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The different possible outcomes of a Child Protective Services case September 27, 2018
At the conclusion of your Child Protective Services case the agency will determine whether or not there is sufficient evidence available regarding whether or not you have abused or neglected your ...
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When Child Protective Services Inspects your home September 26, 2018
If you and your family are involved in an investigation with Child Protective Services ( CPS ) then you should be aware that part of that investigation will be an inspection of your home. A CPS ...
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What to know about your child being interviewed by Child Protective Services September 25, 2018
If during the course of an investigation by Child Protective Services ( CPS ) an investigator seeks to interview your child, you should know that this is normal and not an indication of any specific ...
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The Dirty Trick of Getting Your Spouse to Leave the Marital Home September 24, 2018
This blog is inspired by some cases and consults I have had where a spouse has gone out of their way to get their spouse to leave the marital home. Many of the consults I meet with have a lot of ...
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A CPS Investigation: An in-depth examination September 24, 2018
One issue that I would like to touch on at the outset of this blog post is that if CPS becomes aware of potential abuse or neglect of your child during the course of your investigation it can use that ...
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The Nuts and Bolts of a Child Protective Services Investigation September 23, 2018
To this point in our series of blog posts on Child Protective Services ( CPS ) investigations we have discussed many topics that range from the persons involved in the investigation, to managing your ...
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Confidentiality in your Texas Child Protective Services case September 22, 2018
The concept of the attorney-client privilege is fairly well known among citizens of our country. The basic premise is that if you are represented by an attorney the information that you provide to him ...
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Child Protective Services cases: Explaining the roles of the persons involved in your child's case September 21, 2018
If your child has been removed from your care then a judge will be holding hearings to discuss the merits of your child’s removal and then the ability of your child to be returned to your care. You ...
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The Dirty Trick of Fake Emails and Electronic Evidence September 20, 2018
There is much discussion these days about “fake news.” It appears that the term is popping up everywhere from talk show hosts, the White House, and TV dramas such as the “The Good Fight.” The Term ...
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Child Protective Services and their ability to impact your child's life September 20, 2018
As a parent, you have the responsibility to raise your child and to provide the basic necessities of life for him or her. Part of this responsibility is to see to it that he or she are protected from ...
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The origins of your Child Protective Services Case September 19, 2018
Child Protective Services in Texas is part of the Texas Department of Family and Protective Services (DFPS). This state agency’s objective is to protect the children that live in our state after ...
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Knowing your rights in a Child Protective Services (CPS) case September 18, 2018
During a Child Protective Services ( CPS ) case, it may feel like you have no rights to assert but believe me that is only how it feels. Once you take a step back and examine the situation for what it ...
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Representing your children's interests in a Child Protective Services case September 17, 2018
During a case that involves Child Protective Services ( CPS ) you would be excused if you lost sight on occasion of the fact that despite all the troubles and difficulties that you are going through, ...
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Help your child and yourself in a Child Protective Services case by remaining actively involved September 16, 2018
When you’ve just been dealt a blow in your life you may feel like stepping back and not doing much of anything. For instance, if Child Protective Services ( CPS ) initiates an investigation into you ...
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Maintaining a positive outlook during a CPS investigation in Texas September 15, 2018
If you find yourself in the middle of a CPS case it is easy to find your spirits low and your optimism levels even lower. The life that you had led previously with your family could be gone forever ...
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The Dirty Trick of the Unenforceable Visitation Order September 14, 2018
The unenforceable visitation order combines elements of both the “ amicable divorce trick ” and “ using the children as weapons trick .” The success of this trick is largely a result of a parent not ...
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An Overview of a Child Protective Services case in Texas September 14, 2018
If Child Protective Services ( CPS ) becomes a part of your life it is understandable to feel a lot of different emotions all at once. You are likely some combination of angry, upset, stressed out and ...
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Relinquishing parental rights on a voluntary basis in Texas September 13, 2018
Parents can feel the burden of raising and providing for a child in very tangible ways- beyond merely feeling overwhelmed or stressed out. For example, if you are a father of a child and are paying ...
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What are your chances of winning primary custody of your child as a father in Texas? September 12, 2018
If you are a father who is going through a divorce or child custody case you have undoubtedly heard from friends, family or co-workers about how difficult it is for a man to get a fair shake in a ...
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Frequently Asked Questions Regarding Service of Process September 11, 2018
It is required under the Texas Family Code that a spouse be notified when a family law case has been opened. This means they must be informed that you the Petitioner have asked the Court to do ...
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Child Custody terminology in Texas September 11, 2018
A child custody case can be difficult enough as it is before even considering learning the language of the family law courts. Every field has their own special “lingo” that you have to learn to be ...
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Winning custody of your child with a criminal conviction September 10, 2018
If you are at the outset of a child custody case one of the key factors that will go into the evaluation as to what type of custody you should have of your child is your ability to care for and ...
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Ways to save money on your child custody case in Texas, Part Two September 9, 2018
In our last blog post, we began to discuss the topic of the costs of a child custody case. Specifically, we went over concerns you may be having in advance of a child custody case as well as how a ...
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Ways to save money on your child custody case in Texas September 8, 2018
Having gone through a divorce it is possible that you promised yourself that you would never put your family, or yourself, through that process ever again unless absolutely necessary. The stress of ...
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Frequently Asked Questions Regarding Filing for Divorce September 7, 2018
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 process is the ...
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Is it possible for Child Protective Services gives temporary conservatorship to your child's grandparents? September 7, 2018
Family law cases that involve Child Protective Services ( CPS ) involve some of the more difficult and frustrating subject matter of any sort of case that the Law Office of Bryan Fagan, PLLC helps ...
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Frequently asked questions regarding child support in Texas September 6, 2018
The fact that you are reading this blog post tells me that you have questions about child support . I know, I know: way to go out on a limb there, Mr. Lawyer. In all seriousness, the topic of child ...
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Frequently Asked Questions About Contested and Fault, Divorce September 5, 2018
Unless you and your spouse have resolved all issues in a divorce, your divorce will more than likely be considered "contested". This doesn't mean that there is going to be a full-on assault to you, ...
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If you want to win sole custody of your child, read this blog post first September 5, 2018
Simply put, there is a presumption in Texas family law that it is in your child’s best interest to have a relationship and continued contact with both of their parents. In order to further this goal ...
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20 Biggest Trials of the Past 20 Years, from O.J. Simpson to Scott Peterson to Casey Anthony September 4, 2018
It’s our delight to introduce a guest blogger Nicolas M. German who is a DUI attorney in Denver, Colorado. Many criminal trials have simply been sensational to people throughout the years. And here is ...
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Frequently Asked Questions Regarding the Divorce Process September 4, 2018
If you are considering filing for divorce, it’s a given that you will have questions about the divorce process such as How do I file for divorce? Read on as we answer some of the of our most ...
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Understanding the basics of Child Support in Texas September 4, 2018
The amount of time that you are in possession of your child after a divorce determines whether or not you will be responsible for paying or receiving child support . Should you be named the primary ...
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What methods of payment are available to non custodial parents in Texas? September 3, 2018
If you are the non custodial parent of a child in Texas and have the obligation to pay a monthly amount of child support to your child’s custodial parent you may have questions regarding how payments ...
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The beginnings stages of a Texas child support modification case September 2, 2018
In the subsequent months and years from the time you and your child’s other parent established a child support obligation in court it may be that the current monthly child support obligation no longer ...
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Frequently Asked Questions How Long Does It Take and Other Court Dates? September 1, 2018
What Do I Do If I Am Served with Divorce Paperwork? Be aware of the due date for your response. Once you are served with the lawsuit (the divorce papers ) you have very little time to respond. Under ...
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The beginning stages of a child support enforcement case September 1, 2018
Do any of you reading this blog post follow the news closely? Whatever your particular political persuasion is, I think we can all agree that depending upon the news outlet that you are reading or ...
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The Texas Divorce Process August 31, 2018
What is the Texas divorce process? How do I start my divorce? Get the answers to these and other frequently asked questions about getting divorced in Texas: How can I save my marriage if my spouse ...
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Risks associated with representing yourself in a Texas child support case August 31, 2018
Whether you are the parent who is going to be receiving child support or are the one who will likely be on the hook for paying child support, the fact remains that the legal case that establishes ...
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Texas Out-Of-State, International Divorce & Military Divorce August 30, 2018
Deciding to divorce your spouse is rarely easy. A divorce when a spouse lives outside of Texas, however, can be a bit more difficult. If you are a Texas resident but your spouse lives elsewhere, you ...
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Cost Cutting Tips in your Texas child support case August 30, 2018
While cost should not be the top priority when deciding to hire an attorney or to pursue a child support case it certainly is factor that you should be considering. Your goal of increasing, decreasing ...
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High Net Worth Divorce in Texas August 29, 2018
In a high net worth divorce, there are a number of issues that can turn an otherwise simple divorce into a complex web of litigation. Aside from complex child related matters , there is a wide variety ...
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Alternative Dispute Resolution in Texas August 29, 2018
If you are looking for a low conflict way of getting divorced, negotiating child custody, or sorting out other family law matters, Alternative Dispute Resolution ( ADR ) could be for you. ADR refers ...
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Texas Contested Divorce August 29, 2018
If you have recently decided to divorce , you may find that you are unable to agree with your spouse on important issues such as child support , alimony , and division of assets/liabilities . This may ...
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The benefits of hiring an attorney to represent you in a child support case August 29, 2018
If you have been through a difficult divorce , the last thing you probably want to think about is the possibility of having to go back to the family law court in order to have another aspect of your ...
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Child Protective Services: Their involvement with you, your child and your family as a whole August 28, 2018
When Child Protective Services (CPS) is investigation an allegation of abuse or neglect against your and/or your spouse, it common for case workers to investigate and conduct interviews of your ...
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Can Child Protective Services take action against you for abusing drugs or alcohol? August 27, 2018
Some of the more frantic and concerned people that I have the opportunity to meet with as an attorney with the Law Office of Bryan Fagan, PLLC are those parents who have recently been contacted by ...
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Communicating with an ex-spouse regarding your child's medical treatment August 26, 2018
We have discussed in previous blog posts the importance of you and your ex-spouse exchanging information relating to the medical care and well-being of your child. This is especially true if your ...
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Communicating about your child's medical information with an ex-spouse August 25, 2018
Health and happiness is what most parents wish for when it comes to their children. If you could tell me that my children would grow up to be happy and healthy I would tell you that sounds pretty darn ...
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Co-parenting tools to utilize after a divorce in Texas August 24, 2018
Have your child travel with a notebook to write down thoughts and updates In our last blog post I went through all of the different technological advances that can be utilized in order to benefit your ...
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Email essentials for effective communication with your ex-spouse August 23, 2018
So you open up the blog for the Law Office of Bryan Fagan, PLLC and you see that today’s post is about…email? You may be wondering what the person writing this blog, someone who attended four years of ...
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Methods of communication for divorced parents August 22, 2018
Whether you and your ex-spouse are on great terms and have coffee once a week or you can’t stand the sight of him or her, there are methods for you both to communicate with one another that can ...
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Filing for Divorce in Texas August 21, 2018
If you are considering filing for divorce, it’s a given that you will have questions: How do I file for divorce? Should I file first, or wait for my spouse to serve papers? Do I need my spouse’s ...
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Grounds for Divorce in Texas August 21, 2018
When you file divorce paperwork in Texas, the key document that you will complete is called the “Original Petition for Divorce.” In it, you will list biographical information about your family and ...
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Tips for being able to communicate with your ex-spouse on parenting issues August 21, 2018
Even if you and your ex-spouse want nothing to do with one another on a personal level, you will still need to be able to co-exist and parent your child together in a manner that is suitable to you ...
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How to co-parent with an unreasonable ex-spouse August 20, 2018
If you have worked to get through a difficult divorce you will likely want to take a step back and relax. You’ve made it through one of the most difficult times in your life and have managed to keep ...
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Child Support Suits after the death of a parent in Texas August 19, 2018
If you have gone to a family law court in Texas and had an order issued from the judge that relates to child support (known as an Order in Suit Affecting Parent-Child Relationship ( SAPCR ) then that ...
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Texas Divorce Attorney Explains Starting the TX Divorce Process August 18, 2018
Making the decision to start the divorce process can be extremely unsettling. For most people, just contemplating the various life changes that can result from a divorce is overwhelming. In addition ...
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Getting Uncontested Texas Divorce August 18, 2018
An uncontested divorce in Texas is a no-fault divorce and allows a lower conflict way of getting divorced for you and your spouse. Is an uncontested divorce right for you? If you are one of the ...
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The effect of a death after your divorce in Texas August 18, 2018
Different circumstances can arise if either you or your spouse were to pass away after your divorce has been finalized but the terms of that divorce decree : payments yet to be made to creditors, ...
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Community Property Essentials for Texas divorces August 17, 2018
The law in Texas provides that a married couple can agree in writing that either of your separate property can be characterized as community property . This is not the same thing as being co-tenants ...
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Community Property and Credit in Texas Divorces August 16, 2018
If either you or your spouse make a purchase on credit during your marriage in Texas, there is a presumption that the credit utilized is community in nature. This would make sense as all property that ...
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Community Property Law in Texas August 15, 2018
When spouses divorce in Texas the laws regarding community property come into effect. For the most part the laws are easy to follow despite what friends and family members who have gone through a ...
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Methods for Valuing a Business in a Texas divorce August 14, 2018
Let’s get one thing established at the outset of today’s blog post. Some of the subject matter that we will be discussing today is not easy to understand and is not the most thrilling material to ...
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Strategies for Desired Custody in Texas August 13, 2018
An experienced lawyer can offer strategies to help you get the custody arrangement you desire. There are no guarantees that the outcome will be precisely what you want, but there are several custody ...
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How Much Will My Texas Child Custody Case Cost? August 13, 2018
One of the most popular questions asked in my consults is “how much is my child custody case going to cost me?” It is a reasonable question. However, there is no easy answer. As with other ...
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Valuing a business in a Texas divorce, Part Two August 13, 2018
Divorces are hard. Divorces with businesses are harder. Valuing a business that is owned by you and/or your spouse can be just as hard. In this series of blog posts from the attorneys with the Law ...
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Valuing a business in a Texas Divorce August 12, 2018
If you or your spouse own a business and are now contemplating or beginning a divorce then today’s blog post has been written with your family in mind. It is a challenge to determine the fair market ...
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Handling a Child Support case as a non custodial parent: Questions, questions, questions August 11, 2018
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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Spousal maintenance in a divorce with a disabled child August 10, 2018
If you and your spouse have been married for at least ten years prior to your divorce then you are eligible to receive spousal maintenance after your divorce. Sometimes called “alimony” or “spousal ...
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Handling a Child Support case as a non custodial parent, Part Six August 10, 2018
Determining what is in the best interests of your child As a parent, you likely have the belief that you know what is in the best interests of your child. Under most circumstances, our legal system ...
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Handling a child support case as the non custodial parent, Part Five August 9, 2018
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 to head ...
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How to handle a child support case as the non custodial parent, Part Four August 8, 2018
The importance of paternity in a child support case If you are the presumed father of a child but have not yet been declared legally as the child’s father then you have work yet to be done. Paternity ...