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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 or your ex-spouse to contact the other if you have to be away from your ...

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 ...
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How to handle child support as the non custodial parent, Part Three August 7, 2018
For many of you reading this blog you probably have no idea how to begin a child support case . It could be that as the noncustodial parent of your child you have limited access right now even to see ...
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How to handle child support as the non custodial parent, Part Two August 6, 2018
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC , we introduced our topic of child support cases from the noncustodial parent’s perspective. You are the non-custodial parent if your ...
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How to handle child support as a non custodial parent August 5, 2018
A benefit of being one of the attorneys working at the Law Office of Bryan Fagan, PLLC is that I have the opportunity to meet with many in our community to talk to them about their problems and to see ...
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The effect of divorce on your credit August 4, 2018
Today’s blog will feature you as the main character in a hypothetical divorce that you may (or may not) be going through. The purpose of trying to teach you all something through a story is that I ...
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Credit Accounts and their effect on your divorce August 3, 2018
Most people going through a divorce in Texas know that the laws our of state regarding community property will play a role in their case. If you can count yourself among those that possess this ...
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Completing the Divorce- Handling Retirement and Avoiding Last Minute Problems August 2, 2018
A Qualified Domestic Relations Order ( QDRO ) is the key to your being able to turn a Divorce Decree which provides you the right to access a portion of your ex-spouse’s retirement benefits into ...
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Is a Mediated Settlement Agreement Still Valid in Texas if a Case is Dismissed? August 1, 2018
A while back, a friend and fellow attorney asked me some questions about whether an MSA was still valid if a case was dismissed. I have heard this question debated before among attorneys and opinions ...
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How to protect your finances during divorce August 1, 2018
The emotional difficulties associated with a divorce are fairly well known. If you have a family member or friend who has been through a divorce it’s likely that he or she has spoken to you about just ...
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Should a Divorced Parent Sign a Waiver (Release) and Indemnity Agreement to Allow a Child to Participate in Recreational Activities? July 31, 2018
It’s our delight to introduce a guest blogger Paul H. Cannon who is a trial attorney and shareholder at Simmons and Fletcher, P.C. He has been practicing personal injury and product liability law ...
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Marriage, Finances and Preparing for Unforeseen Events July 31, 2018
On June 26, 2015, the United States Supreme Court issued a ruling in the landmark case, Obergerfell vs. Hodges , which provided equal protection for same-sex marriage in our country. As a result, ...
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Social Security Retirement Benefits and Divorce July 30, 2018
If you are divorced but were married to your spouse for ten or more years you are potentially eligible for spousal benefits through Social Security. However, there is more to this eligibility than ...
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Financial Decisions that surround family law cases July 29, 2018
A divorce can have a dramatic impact on your life. This may feel like the understatement of the century if you are going through a divorce right now, but for those who are in the contemplation stage a ...
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Texas Jurisdiction over Child Custody July 28, 2018
How do you know if child custody will be an issue in your case? Custody proceedings are part of every family law matter involving children. Parenting issues can arise out of a couple’s divorce, ...
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Financial Decisions associated with Family Law Matters July 28, 2018
Are you considering re-marrying after a recent divorce ? Or perhaps you are a single person who just found out that you are pregnant or your partner/significant other is pregnant? These are not only ...
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Introduction to Child Custody Proceedings in Texas July 27, 2018
Many parents have misconceptions about what their rights are and what the law requires of parents. This short article is essential reading for every parent who will participate in, or already has ...
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Nonmarital Children’s Paternity and Death of Alleged Father July 27, 2018
Recently I have had more than one person ask me about establishing paternity and doing a name change after a father has passed away. There is an automatic presumption of paternity for children who are ...
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How to change your name in Texas July 27, 2018
Many people (women, mostly) will change their legal name after their divorce has been finalized. It is simple to do so in the divorce as long as the name you are asking yours to be changed to has been ...
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Family Law Cases in Texas: Mediation July 26, 2018
Before a trial and likely before a temporary orders hearing in a divorce , you and your spouse will either be ordered to attend or can choose to attend mediation. Mediation is an opportunity for you ...
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Family Law Cases in Texas: Notifying your Spouse regarding a Divorce case July 25, 2018
Depending on the dynamics of your family, you may consult with a family law attorney and decide to file for divorce without first having discussed the subject with your spouse. Alternatives would be ...
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Family Law Cases in Texas: Filing for Divorce July 24, 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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Family Law Cases in Texas: Conservatorship, the Standard Possession Order and Child Support July 23, 2018
Sole Managing Conservatorship In yesterday’s blog post we discussed that the typical arrangement for parents coming out of a divorce is for each to be named as a Joint Managing Conservator of their ...
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Family Law Cases in Texas: Child Support in Divorce July 22, 2018
Of all the subjects surrounding a divorce , child support seems to garner the most extreme opinions from parents. The child support levels are either too high or not high enough, depending upon your ...
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Family Law Cases in Texas: Spousal Maintenance and Children's Issues July 21, 2018
Money. Other than your children, money is the most important aspect of a divorce . I hate to break it down for you like that, but in my experience, it is the truth. You may disagree. You may want to ...
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Family Law Cases in Texas: Marital Property and the community presumption July 20, 2018
If you read anything about divorce in Texas then you have probably come across at least one article online that has told you that Texas is a community property state. What does this mean and how ...
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Family Law Cases in Texas: Enforcing Visitation and Property Orders July 19, 2018
Enforcement cases are not solely to ensure back child support payments are made. On the contrary, many different areas of a family law order can be enforced. Today’s blog topic from the Law Office of ...
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Family Law Cases in Texas: Punishments for the failure to pay child support July 18, 2018
In child support enforcement cases your back is against the wall if the record from the Attorney General’s Office shows that you have not paid your support obligation in full and on time. In some ...
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Family Law Cases in Texas: Defenses to Child Support Enforcement Suits July 17, 2018
If you find yourself in a position where you have been unable to pay the child support you have been ordered to pay there are defenses that you can offer in an enforcement hearing. The fact of the ...
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Family Law Cases in Texas: Modifications and Enforcements July 16, 2018
In general, courts are wary about modifying orders that designate the parent with the exclusive duty to determine the primary residence of a child. This is the case in large part because courts do not ...
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Family Law Cases in Texas: Initiating a child support case July 15, 2018
If you are wanting to begin a family law case involving child support matters it is recommended that you contact an attorney before doing so. I know- shock of the century- a family law attorney is ...
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Family Law Cases in Texas: Child Support in Focus July 14, 2018
Whether you are expected to pay or receive child support in a divorce or Suit Affecting the Parent-Child Relationship ( SAPCR ), there is no one topic that I answer questions about more frequently ...
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Family Law Cases in Texas: Geographic restrictions and Child Support July 13, 2018
Your life can change in the blink of an eye, and this is no less true after you’ve been through a family law case . Whether you have court orders from a divorce or Suit Affecting the Parent-Child ...
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Family Law Cases in Texas: Visitation, Possession and Access July 12, 2018
In learning more about family law concepts and terminology you may have come across the terms: visitation, possession , and access. Interestingly enough possession and access are what visitation is ...
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Family Law Cases in Texas: Fighting for Custody? Start your research here July 11, 2018
If you are a parent, grandparent, uncle, aunt or cousin of a child and want to be able to head to the courthouse nearest to you and fight for custody and conservatorship then you ought to know what ...
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Family Law Cases in Texas: Conservatorship for Grandparents and Custody Determinations July 10, 2018
The nuclear family of the 1950s is no longer the norm in the United States if it ever was in the first place. In today’s world non-parents (including Grandparents) play larger roles in their family’s ...
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Family Law Cases in Texas: Conservatorship Explained July 9, 2018
The word that I hear most often from clients in regard to their children, and frankly use myself when discussing the rights and duties of parents, is “ custody ”. It’s a word that is commonly used in ...
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Family Law Cases in Texas: Temporary Orders and the Final Orders stage of a divorce July 8, 2018
I like to think of divorce cases as having two stages. You could argue that there are far more, but for the purposes of this blog post, I will stick with my general theory that there are two. The ...
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Do I Need a Lawyer to Get a Divorce? Frequently Asked Questions about Hiring a Lawyer July 7, 2018
Many people believe that a divorce in Texas should be easy, that it is just a status change ending the marriage and that it does not directly impact other issues. However, that is not the case. A ...
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Family Law Cases in Texas: Examining Divorces July 7, 2018
Probably the most common family law case in Texas is the divorce . It’s likely that you know a handful of people in your own life who have been divorced and you yourself may be one of those people. ...
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Family Law Cases in Texas: The final stages of a CPS case July 6, 2018
Status Hearing A Status Hearing is one of the most important steps of a CPS case . It is held after a service plan has been prepared by CPS. Within two months of your child being placed into the ...
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Family Law Cases in Texas: Examining the steps in a Child Protective Services case July 5, 2018
During the past few weeks, the attorneys with the Law Office of Bryan Fagan, PLLC have taken an opportunity to write about the steps of different types of family law cases in an effort to help you ...
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Verbal and emotional abuse: Mistakes to avoid in a Texas divorce July 4, 2018
If you begin down the road towards divorce it is easy to encounter roadblocks. Many of these barriers are ones that are completely out of your control and must still be dealt with. In some areas, ...
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Emotional abuse in a Texas Divorce July 3, 2018
When you hear the words “emotional” and “abuse” what comes to mind? I’m willing to bet that if you were being completely honest the image of a raised eyebrow may have appeared in your mind’s eye ...
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Abandonment as grounds for divorce in Texas July 2, 2018
The majority of divorces that occur in Texas each year are what is known as “ No Fault ” Divorces . This means that the parties simply could no longer get along in the marriage and say no chance at ...
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Managing a Texas Family Law Case, Part Three July 1, 2018
Your rights in a Child Protective Services (CPS) case It can feel like that you have no rights whatsoever, and that CPS can do whatever they would like to you if you become involved with them. After ...
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Managing a Family Law Case in Texas, Part Two June 30, 2018
Who can attend your court appearance with you? Your hearing is not a closed process where only the parties, their attorneys, and the judge can attend. Any other party with a hearing scheduled on your ...
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Managing a Family Law case in Texas June 29, 2018
The piece of advice or reassurance that I provide to clients with the most frequency before a courtroom appearance is that the anxiety that we all possess surrounding events that we’ve never ...
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Frequently Asked Questions About Uncontested and No-Fault Divorce June 28, 2018
The following are answers to some of the most frequently asked questions about Uncontested and No-Fault Divorce in Texas . The answers are general and designed to help you better understand how Texas ...
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Post-divorce financial independence June 28, 2018
Divorce is one of those steps in life that you may go through and will never stop to think about what life is actually going to be like after the divorce. So much time and energy goes into getting ...
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How you can help your child practice their religious faith after a divorce June 27, 2018
Whether you are a Christian, Jew, Muslim or member of another faith group it goes without saying that the practice of your faith is central to your life. This is one of the rights that we as Americans ...
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Retirement Benefits and Divorce, Concluding Thoughts June 27, 2018
As long as we’re talking about one unpleasant subject, namely divorce , we may as well talk about another, namely death. A good question to ask yourself is what happens to your share of the retirement ...
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In what ways is a retirement plan divisible? June 26, 2018
Once you have figured out what retirement plans are in place for you and your spouse, collected information from each and provided that to your attorney, you will need to know how a retirement plan ...
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Frequently Asked Questions About Legal Separation June 25, 2018
The following are answers to some of the most frequently asked questions about legal separation in Texas. The answers are general and are designed to help you better understand how Texas handles legal ...
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Retiring with security after a Divorce June 25, 2018
If you are going through a divorce and have no children then your financial future should be at the top of any list of concerns that you have to go into the process. While there are assuredly ...
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Dividing a Pension in your divorce June 24, 2018
If you or your spouse have worked for a company or more likely a public entity for an extended period of time it is likely that either of you has a pension that has been made available to you for ...
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Proceeding into Divorce aware of risks regarding retirement division, Part Two June 23, 2018
Learn about social security benefits and their effect on your divorce Attorneys are great at courtroom advocacy and knowing the ins and outs of the law. That much should be a baseline for what your ...
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Proceeding into Divorce aware of risks regarding retirement division June 22, 2018
When you decide to file for divorce and select an attorney to help guide you through the process and advocate for your rights along the way the most powerful tool you have at your disposal is your ...
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Individual Retirement Accounts (IRAs) and your Divorce: Taxes and General Information June 21, 2018
If you are in the beginning stages of your divorce it’s likely that you have numerous questions about how your case is going to proceed. How much is it going to cost you in attorney’s fees? Are you ...
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Social Security division in a Divorce June 20, 2018
Most working people in our country are aware that as part of the taxes taken out of your pay, part goes towards social security taxes. What fewer people realize is that the amount of money we stand to ...
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The division of military benefits in a Texas Divorce, Part Two June 19, 2018
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC , we introduced the topic of retirement accounts and how the funds within them are divided in a divorce. Today we will continue that ...
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The division of military benefits in a Texas Divorce June 18, 2018
If you are a person who either serves our country in the military or are married to a spouse who does, enough cannot be said about your family’s sacrifices in order allow your fellow citizens the ...
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Parental Relocation with children after a Texas Divorce June 17, 2018
Suppose that you have gone through a divorce from your spouse and you are attempting to adjust to life as a single adult raising a child in different households. You may need to find a new place to ...
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Common Law Marriages in Texas, Part Two June 16, 2018
Much of yesterday’s blog post related to common law marriages discussed the three qualifications that must be in place for yours to be a valid common law marriage: be two adults who consent to be ...
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Common Law Marriage in Texas June 15, 2018
For the majority of married persons in Texas, our married lives began with a ceremony of some sort where vows were exchanged and a pronouncement was made that you and your spouse are now married. It’s ...
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Handing Taxes during and after your divorce June 14, 2018
There’s no more exciting topic in the world than taxes, am I right? In all seriousness, nobody in the world likes to talk about taxes - that includes CPAs, tax preparers and even Jon Hamm in those H ...
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Stress Related to Combat and its effect on a military member's ability to parent their children June 14, 2018
It is no secret that as a military member you are exposed to stressful situations. These are not always the sort of deadline driven, people induce stresses that we as civilians encounter in our jobs, ...
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More on Child Support and Miscellaneous Divorce Information June 13, 2018
In most situations if you are the parent who is responsible for paying child support then that support payment will be docked from your paycheck however often you are paid. A wage withholding order ...
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Summertime Divorce in Texas June 13, 2018
The heat in Texas definitely has an effect on how we behave? Don’t believe me? Consider how the summertime, specifically the second half of summer, is a peak time during the year for divorces . Maybe ...
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Considering whether to move out of the home after a divorce is filed? Read this blog first June 12, 2018
The decision as to whether or not to move out of your marital home after your spouse has filed for divorce from you is one of the most important decisions you will make in your divorce . Issues ...
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The Standard Possession Order and Child Support- A Texas Divorce Overview Continued June 12, 2018
Time and Money. Those are two of the things that we as human beings are most concerned about, especially when considered in the context of our families. That goes double when you are going through a ...
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If your spouse is divorcing you do you have to leave the family home? June 11, 2018
It is impossible for me or for any other attorney to tell you how to handle yourself when you are faced with the prospect of a spouse who wants to divorce you. You have spent the better part of your ...
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Spousal Support and Children in a Texas Divorce June 11, 2018
Spousal support or maintenance as it is sometimes referred to as is when one spouse supports another spouse financially after a divorce has occurred. If you are able to prove to a court that you have ...
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Reimbursement of the Community Estate: Continuing the Discussion on Divorce June 10, 2018
Dividing community property and debt, grounds for divorce and residency requirements in Texas have all been hashed over thus far in our discussion on getting a divorce in the Lone Star State. Today we ...
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Texas Divorce Overview: Dividing Community Property and Debts June 9, 2018
Community property is defined in the Texas Family Code as any property that is acquired by either or both spouses during marriage by any means other than gift or inheritance. This is obviously a ...
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Overview of the steps in a Texas Divorce June 8, 2018
Waking up one morning and filing for divorce from your spouse without first understanding the process and steps involved is probably not a great idea. This is true even if you’ve hired an attorney to ...
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The attorney-client relation explained, Part Two June 7, 2018
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced the topic of the attorney-client relationship. If you are interested in learning more about how a law office handles ...
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Details about the Attorney-Client Relationship June 6, 2018
For the purposes of this blog post, I am going to assume that you, as a reader of this blog, have never hired an attorney, filed a lawsuit or even seen the inside of a courtroom before. Maybe you’ve ...
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How to conduct yourself in the courtroom during a Child Protective Services case June 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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Financial Issues to Consider in Divorce, Part Two June 5, 2018
Seeking a divorce means more than just taking into consider what is next for you and your family from a relational standpoint. While raising children in two households and beginning to repair your own ...
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Considering a divorce? Think about these financial issues first June 4, 2018
Deciding to file for divorce from your spouse is an incredibly difficult decision to make. You didn’t need to come to the website of a family law attorney to tell you that but what you may be here for ...
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Debt and Divorce in Texas, Part Two June 3, 2018
If you are just joining us today for our discussion on debt I would highly recommend that you go back to yesterday’s blog post from the Law Office of Bryan Fagan, PLLC and review the information ...
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Debt division in a Texas divorce June 2, 2018
Even if you don’t know much about getting a divorce in Texas it is likely that you have heard that Texas is a community property state. You may not know exactly what this means or how it could impact ...
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Financial Advice during a Divorce June 1, 2018
I’m sure that you’ve heard the statistic that half of the marriages in the United States today end in divorce. If you pop that statistic into Google you’ll find that there are millions of articles, ...
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Parenting Coordination- What is it and how it can affect my family? May 31, 2018
Parenting Coordination and Facilitation is defined in the Texas Family Code as: “An impartial third party appointed by the court, or by mutual mediated agreement, to assist parents in resolving issues ...
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Utilizing post divorce therapy to benefit you and your family May 30, 2018
Coming off of an emotionally intense and taxing divorce your first instinct may be to retreat into your own thoughts and have some “me” time without interference from others. Who can blame you? For ...
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Handling a home mortgage after your Texas Divorce May 29, 2018
One of the issues that is often times the most concerning to people going through a divorce is the family home. After all, not only is it the place where more memories and important events occurred ...
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Changing your name after a Texas Divorce May 28, 2018
If you are seeking to change your legal name after the conclusion of your divorce then you are in luck. Today’s blog post from the Law Office of Bryan Fagan, PLLC will focus on that topic. Seeing as ...
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Insurance Coverage After Your Divorce May 27, 2018
If you have completed a divorce then you don’t need me to tell you that it is among the most trying and difficult times in a person’s life. The sacrifices that you have made and the changes that you ...
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Getting ready for back to school as a newly divorced family May 26, 2018
As we here in Southeast Texas get closer to the end of the school year it is understandable for our minds to drift more towards days spent having fun in the sun rather than eventually returning to the ...
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Tips on maintaining a social media presence during your divorce May 25, 2018
In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced the topic of social media use- both leading up to and during your divorce . If you have not already done so I would ...
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Maintaining a social media presence during your divorce May 24, 2018
It is the experience of the attorneys with the Law Office of Bryan Fagan, PLLC that as the years have passed the effect of social media on divorce cases has grown rapidly. Whether it is learning of ...
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Committing family violence has a dramatic effect on many phases of your life May 23, 2018
If you have committed an act of family violence then the consequences of your actions go well beyond being placed under arrest. For instance, if you are in the midst of a divorce case then it is ...
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Defending against a Child Support Enforcement Case May 22, 2018
If you are facing an enforcement case where your ex-spouse has asserted that you have missed child support payments then you can take heart that there are defenses that you and your attorney can offer ...
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Family Law Enforcement Hearings: Agreements to Settle and Trial May 21, 2018
Most family law cases in general settle before a trial is reached and enforcement cases are no different, especially those where contempt is sought as a punishment. Contempt is basically when a court ...
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Pre-Trial Essentials for a Texas family law enforcement case May 20, 2018
If you have done any research or spoken with an attorney on the subject of enforcement cases then you have probably seen or heard the word “ contempt ” used a time or two. Contempt basically means ...
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Reviewing your case history is crucial to success in an enforcement case May 19, 2018
Once you have hired an attorney to represent you in an enforcement case there are some steps that you should work with your attorney to complete prior to actually filing the paperwork with the clerk ...
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Defending against an Enforcement Action in Texas May 18, 2018
If you have been served with papers from your ex-spouse asserting that you have violated your Divorce Decree it may be the case that you have been caught off guard and don’t really know what to think. ...
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Preparing for an Enforcement case in Texas May 17, 2018
In the event that your ex-spouse has violated a portion of your Final Decree of Divorce it is likely that you will want to hold him or her accountable for having done so. It could be that you were ...
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The Steps of an Enforcement Case in Texas family law court May 16, 2018
All family law cases have different elements and circumstances that make them unique. If you were recently divorced and have been denied visitation opportunities with your child by your ex-spouse then ...
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Documenting a Denial of Visitation Rights in Texas May 15, 2018
If you have been through a child custody or divorce case one of the most rewarding aspects of that whole process for you was likely confirming the times, dates and locations that you will be able to ...
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Modifying your divorce decree in Texas May 14, 2018
So much effort, time and thought goes into the creation of a Final Decree of Divorce. If you have been through a divorce you know exactly what I am talking about. From the time that your Original ...
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Obtaining a copy of your Final Order May 13, 2018
You’ve just made it through your family law case and are not trying to figure out what you need to do next. Whether it was a divorce , child custody , enforcement or modification case you are surely ...
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Life after divorce: Tips for living successfully May 12, 2018
What does a divorce mean? Something different for every person that goes through the process. That’s one thing that I can say for certain in having represented many, many clients in divorce cases. If ...
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Texas Prenuptial Agreements: What can and what cannot go into one May 11, 2018
At first glance, it may seem like the last thing you want to do as you prepare to marry someone is to discuss a premarital or prenuptial agreement . When you contemplate drafting such an agreement it ...
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How your children can succeed in school after a divorce, Part Two May 10, 2018
Parents like yourself can feel overburdened and stressed out in even the best family situations. If you add a heated divorce case to the mix of school, extracurricular activities, social obligations ...
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How can your children succeed in school after a divorce? May 9, 2018
There is no way to avoid running into the realization that a divorce is difficult, especially for children. If you and your spouse attempting to work out the issues that were dividing you in marriage ...
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Annulments in Texas, Part Two May 8, 2018
In yesterday’s blog post I introduced the topic of annulments in Texas by discussing the situation of a potential client of the Law Office of Bryan Fagan, PLLC who came in for a consultation last ...
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Too Poor to Divorce in Texas? May 7, 2018
I have had more than one person ask me, “how do you get a divorce when you don’t have any money?” This is a very understandable question. Breaking up is not only emotionally painful; it can be ...
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Annulments in Texas May 7, 2018
This past year I had one consultation that I will not forget about any time soon. In case you were not aware, the Law Office of Bryan Fagan, PLLC offers free of charge consultations to you or anyone ...
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Prenuptial agreements can be voided in Texas May 6, 2018
If you’ve ever read the blogs on the website for the Law Office of Bryan Fagan, PLLC then you know that prenuptial agreements are typically very strong in terms of their ability to hold up to scrutiny ...
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Handling the issue of credit card debt during your divorce May 5, 2018
Despite how powerful the judge may seem in your divorce case he or she cannot do anything to affect a contract that you had agreed to with a credit card company. If you agreed to pay a certain ...
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Debts, Credit Cards and Divorce in Texas May 4, 2018
In our world, today debt has more or less become a way of life for many families. When we consider even a few generations ago how people dealt with and approached debt I think that we would find that ...
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Understanding Mediation and its benefits in your Texas divorce May 3, 2018
The popular conception of divorce that most people hold prior to actually starting one is that the case will likely end up with both you and your spouse standing before a judge. You each will have ...
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The effect of a divorce on an LLC, Part Two May 2, 2018
A subject that, in my opinion, that is becoming increasingly relevant is the status of a business after a divorce. Specifically, we have been discussing a Limited Liability Company (LLC) as a specific ...
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The effect of a divorce on your Limited Liability Company (LLC) May 1, 2018
If you or your spouse own a business or own a portion of a business it is possible that that business is classified as a Limited Liability Company (LLC). As opposed to operating a business as a sole ...
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Defining a material and substantial change in a child support modification case April 30, 2018
Yesterday we spent a great deal of our blog post discussing the subject of how to modify a prior child support order in Texas. I can tell you from experience meeting with many clients of the Law ...
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Deviating from the Guideline amounts for child support and Modifying a Child Support Order April 29, 2018
We discussed yesterday the sort of circumstances that could lead a court to determine that the Guideline levels of support as set forth in the Texas Family Code are not appropriate. Indeed, if you are ...
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Purposefully reducing income, fluctuating pay and other child support components April 28, 2018
If you are in a position where paying child support appears likely as a result of your Texas divorce or child custody case it could be that you would go to extreme lengths to “fudge” the numbers in an ...
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Child Support Overview for Texas families April 27, 2018
Are you a parent who is about to embark on a divorce journey, yet have no real idea how to think about child support ? It could be that you are the parent who stands to receive child support from an ...
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Your home in a Texas Divorce: How to decide whether to sell or stay April 26, 2018
Many people will tell you that a divorce , when it comes right down to it, is a transaction. It is attempting to gain as much for yourself and limit your exposure in terms of ceding your assets to ...
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A Child Custody Evaluator's Interaction with your children: Preparing for interviews April 25, 2018
If your child custody or divorce case has a child custody evaluator assigned to it then in nearly all circumstances interviews will take place between the evaluator and your family, including your ...
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Facing a child custody evaluation? Here are tips to conducting yourself with the evaluator April 24, 2018
When it comes to a child custody evaluation , there are so many factors in play that will affect your case vs. your next door neighbor’s that it is difficult for me to say with any amount of certainty ...
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Methods to help when working with a child custody evaluator April 23, 2018
It doesn’t take a lawyer to be familiar with the rights that are read to a person when he or she is being arrested. Known now as your Miranda rights, a police officer will tell you that you have the ...
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Preparing for a Child Custody Evaluation April 22, 2018
As the old saying goes: “In failing to prepare, you are preparing to fail.” There is no doubt that a child custody evaluation is intrusive, disruptive and all around not a good time for you and your ...
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The effect of a child custody evaluation on your family law case April 21, 2018
If a judge has approved your or the opposing party’s request to have a child custody evaluation conducted, or has ordered one done on their own, it is logical that he or she would place a great amount ...
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Types of child custody evaluations and the details associated with an investigation April 20, 2018
Essentially there are two types of evaluations that you may be involved with in conjunction with your child custody or divorce case - a home study or a social study. In somewhat more rare instances a ...
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Getting yourself ready for a home study April 19, 2018
If you are involved in a contentious divorce or child custody case or anticipate being involved in one, then you should be aware that home studies are conducted with regularity depending on the ...
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Balancing life, work and your children after a divorce April 18, 2018
In today’s world, it is common for both parents to work. Gone are the days where mom stayed home to raise the kids and tend to the home while dad went out into the world to earn a living for his ...
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Can you negotiate child support during mediation? April 17, 2018
The attorneys with the Law Office of Bryan Fagan, PLLC are huge proponents of mediation . For those of you reading this blog who don’t know what mediation is, it is a process where you, your opposing ...
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Managing your family law case (and your emotions) when the opposing party is mentally incompetent April 17, 2018
In yesterday’s blog post we introduced the idea that if you have been served with divorce or child custody papers that were filed by your child’s other parent your brief thoughts regarding their ...
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Family Law Cases where a party is mentally incompetent April 16, 2018
If you have been through a divorce or child custody case involving your child’s other parent you may have stopped to ask yourself at various points in the case whether the opposing party has something ...
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How much will your child support enforcement case cost? April 15, 2018
If you ask a lawyer a question about your legal situation, their response may well be, “It depends.” Years of seeing a number of different scenarios play out for different sorts of clients results in ...
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Divorcing a Controlling Spouse April 15, 2018
It’s probably fair to assume that many of you reading this blog believe that you have a spouse that is controlling or at least more controlling than most spouses. Their need to constantly dictate your ...
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Will you need child support for your special needs child after age 18? April 14, 2018
Today’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC will discuss matters related to child support considerations to take when your child has special needs. Specifically ...
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Parenting a child with special needs: Considerations to take during a family law case April 13, 2018
If you are the parent of a child with special needs then you know the challenges and opportunities that are presented to a family in your situation. Whatever the special needs may be, physical or ...
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How much does it cost to adopt a child in Texas? April 12, 2018
The decision to adopt a child is one that takes a lot of thought and consideration. If you and your spouse have tried to conceive a child together without success, or if you are incapable of doing so ...
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Filing a Suit Affecting Parent Child Relationship April 12, 2018
Many times you will hear about divorce in connection with family law cases in Texas . I will say that the majority of people that walk through the door of the Law Office of Bryan Fagan, PLLC are ...
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Parental Alienation: How to identify and avoid it in your Texas divorce April 11, 2018
From speaking with and working with many parents who are going through a divorce , I can tell you that one of the biggest concerns each of them has is how their child will think of him or her after ...
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How should you and your spouse divide up parental rights in a divorce? April 10, 2018
By the time you have decided to file for divorce from your spouse, you will have hopefully thought long and hard about some goals that you would like to accomplish during the process. Divorce is not ...
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How to parent your children during a Texas divorce April 9, 2018
When you make a decision to move forward with a divorce it means that not only are making a decision for yourself and your spouse, but also for your children. In circumstances where your marriage has ...
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Child Support in Focus: Retroactive Payments April 8, 2018
In the event that you do not have a child support order from a Texas Family Law Court that has ordered the payment of child support from another person to you, it may be a question bouncing around in ...
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Adoption: Essential information for Texas families April 7, 2018
Although they come with less regularity than questions about child custody or divorce cases , people do come into the Law Office of Bryan Fagan, PLLC with questions about adoption and how our office ...
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Split Custody- Is it right for you and your family? April 6, 2018
One of the goals that many potential clients of the Law Office of Bryan Fagan, PLLC have is to be able to see their child as much as the other parent once their family law case is done and over with. ...
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Co-parenting tools, systems and helpful knowledge for post-divorce life April 5, 2018
Creating a system of keeping track of events, illnesses, habits and other aspects of your child’s life is essential to co-parenting well after a divorce . Many divorced parents fail to integrate a ...
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Obtaining a divorce from a spouse in prison April 4, 2018
Normally if you want to get a divorce in Texas you follow the procedures in filing and obtaining a divorce that everybody else does. Sure, your divorce will have components and circumstances that make ...
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How to handle a cheating spouse in Texas April 3, 2018
One of the most difficult and challenging aspects of a family law case is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally ...
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Postnuptial agreements in Texas Family Law April 2, 2018
Earlier this week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog that related to premarital agreements that covered what they were and how they can impact a marriage. Today we ...
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Cohabitation Agreements in Texas Family Law April 1, 2018
Despite their not being a part of the Texas Family Code, cohabitation agreements are contacted for in Texas and would most likely be honored by a family law court. In a contact, both you and the other ...
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What to do When Your Child Does Not Want to Visit the Other Parent March 31, 2018
You spent a long time in mediation negotiating and getting your custody order worked out so that both you and your ex were satisfied with it. Or maybe you fought a long custody battle that ended in a ...
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What are the limitations of a premarital agreement in Texas? March 31, 2018
A premarital agreement is a contract between you and your spouse that is signed off on before the two of you tie the knot. The most common reason why you may want to sign a prenuptial agreement before ...
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The effect of substance abuse on child custody determinations March 30, 2018
Unfortunately, there are family law cases that involve one parent making allegations of substance abuse against the other parent. In some scenarios these allegations are just that- allegations- and no ...
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Texas Family Courts: Child Protective Services, Part Two March 29, 2018
In the Law Office of Bryan Fagan, PLLC ’s final installment covering Texas Family Law courts we will discuss Child Protective Services ( CPS ) and how a court case involving this agency will proceed ...
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Texas Family Courts: Child Protective Services March 28, 2018
People going through difficult situations in their personal lives are often frantic. This is understandable. When something isn’t right with a family member, especially a child, your brain can go into ...
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What to expect during your initial consultation March 27, 2018
What happens during an initial consultation? When you first meet with an attorney in our office, we will obtain a history and facts about you, your spouse, and your family. The divorce attorney will ...
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Texas Family Law Court: Enforcement Actions March 27, 2018
If you are in a position either where your ex spouse or the other parent to your child has violated, repeatedly, a prior court order you may be asking yourself how to handle the situation. The easiest ...
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Texas Family Law Courts: Protective Orders and Name Changes March 26, 2018
If you have been a victim of family violence due to the actions of a spouse or person you are involved in a relationship with then you have the option to attempt to get a protective order from a ...
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Texas Family Law Courts: Adoption and Modification Cases March 25, 2018
For an adoption to take place the parental rights of either the child’s mother or father must first be terminated by a court. A petition for adoption would be filed in the court with jurisdiction over ...
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Texas Family Law Courts: Paternity Suits March 24, 2018
If it is unknown who the biological father of your child is, a paternity suit may be filed in order to make a legal determination of parentage. The reason that this type of family lawsuit may be filed ...
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Texas Family Law Courts: The role of an ad litem in your divorce March 23, 2018
Many of the subjects that we’ve discussed so far in our discussion of Texas Family Law Courts are very well known. Child support , property division upon divorce and child custody are all concepts ...
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Texas Family Law Courts: Child Support March 22, 2018
When the subject of child support is raised with a person going through a divorce , he or she is sure to have an opinion. If you are the person who is going to be on the hook for paying child support ...
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Texas Family Law Courts: Child Custody Essential Knowledge March 21, 2018
Today’s blog post will be a continuation of yesterday’s where we discussed some basic information about divorce , custody and conservatorship in Texas. While we cannot hit on every subject that may be ...
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Texas Family Law Courts: How a court determines child custody in a divorce March 20, 2018
By far the most frequent question that I field from potential clients of the Law Office of Bryan Fagan, PLLC has to do with custody . Concerned parents come to talk to us all the time about how their ...
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Is a Common Law Marriage Just as Good as a Ceremonial Marriage? March 19, 2018
Recently, I had a consult involving an informal marriage or common law marriage . The wife was concerned about what rights she had. Her story involved verbal abuse, physical abuse, and an altercation ...
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Texas Family Law Courts: Spousal Maintenance Essential Knowledge March 19, 2018
Spousal maintenance is a payment of money from one spouse to another. This payment is intended to assist the receiving spouse in being able to meet his or her minimal, basic needs. A judge can order ...
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Texas Family Law Courts: Dividing Property in a Divorce March 18, 2018
Texas is, as any family law attorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse ...
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Texas Family Law Courts: Temporary Orders in a Divorce case March 17, 2018
Once your divorce has been filed and notice of the divorce has been served upon your spouse he or she will need to file an Answer to your Divorce Petition. This Answer is due approximately twenty days ...
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Texas Family Law Courts: Beginning the Divorce Process March 16, 2018
In Part Three of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on Family Law Courts in Texas , we discussed the basic and essential knowledge that you should have prior to beginning a ...
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Texas Family Law Courts: Divorce essentials March 15, 2018
Today will be our third installment in the Law Office of Bryan Fagan, PLLC ’s series of blog posts on Family Law Court - what to expect from a case and how to best prepare for those situations and ...
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Harris County, Texas Family Law Court - 245TH Judicial District Local Rules March 14, 2018
As a Houston, Texas divorce and family law attorney I have had the opportunity to help service members through divorce and family law cases. In order to do this, it is important to not only be aware ...
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Texas Family Law Courts: Mediation and Divorce Essentials March 14, 2018
If you’re just joining us for our discussion on Texas family law courts , I would recommend going back to yesterday’s blog post and reading through some of the basic information that we provided to ...
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Texas Family Law Courts: What to Expect March 13, 2018
If you are considering whether or not to file a child custody or divorce case in Texas you probably have some questions about what going to court is actually like. You may have never filed a lawsuit, ...
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Business owners should be aware of the following tips to prepare for a divorce in Texas March 12, 2018
When a divorce is on the horizon for you it is reasonable to want to learn as much as you can. The fact of the matter is that not only is a divorce a difficult process to go through but many of the ...
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How you can be reimbursed for past purchases during your Texas Divorce March 11, 2018
Part of any divorce in Texas is figuring out how to characterize the property owned by the two spouses. If you are considering a divorce or have just been served with a petition by divorce filed by ...
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Habeas Corpus - What does it mean and how can it help you in a child custody case March 10, 2018
Suppose that you and your spouse have been divorced for a few years and have split custody of your child pretty much 50/50. Both you and your ex-spouse have abided by the divorce decree ’s orders ...
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How to Begin Your Texas Divorce March 9, 2018
What do I need to do to before I begin divorcing my spouse? How do I protect: My children? My privacy? My assets? What first steps should I take in my Texas divorce ? In the early stages of your ...
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Enforcement Suits in Texas Family Law, Part Six March 9, 2018
For the most part thus far in our discussion on enforcement lawsuits in Texas family law cases , we have gone over some of the finer points associated with issues related to parents and children. ...
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Enforcement Suits in Texas Family Law, Part Five March 8, 2018
Today’s blog post from the Law Office of Bryan Fagan, PLLC will discuss additional remedies that are available to a parent in an enforcement case when there is money owed in child support . Our ...
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Enforcement Suits in Texas Family Law, Part Four March 7, 2018
Thank you for coming back to the blog for the Law Office of Bryan Fagan, PLLC to read more about Enforcement actions in family law court. Today’s post will discuss how to defend yourself against an ...
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Enforcement Suits in Texas Family Law, Part Three March 6, 2018
Thank you for coming back to the blog for the Law Office of Bryan Fagan, PLLC to read more about Enforcement actions in family law court. Today’s post will discuss how to notify an opposing party of ...
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Enforcement Suits in Texas Family Law, Part Two March 5, 2018
If you missed part one in the series of blog posts from the Law Office of Bryan Fagan, PLLC on Enforcement suits in Texas family law then I suggest you scroll up to yesterday’s post and read over our ...
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Enforcement Suits in Texas Family Law: An Overview March 4, 2018
If you have ever been involved in family law case in Texas it is likely that you either settled your case or ended your case in a trial before a judge. The result of either of those situations is that ...
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Grandparents can find themselves in a tough spot when raising a child in response to a CPS investigation March 3, 2018
As an attorney working in the area of family law I can think no more frustrating or sad sort of case than a CPS case . From the child’s perspective, it is being alleged that he or she has been the ...
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What to know about Child Protective Services, Part Two March 2, 2018
In part one of the Law Office of Bryan Fagan, PLLC ’s series on Child Protective Services , we discussed the basic framework of a CPS investigation and how the Agency defines child abuse . Today we ...
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What to know about Child Protective Services March 1, 2018
Unfortunately children suffer from abuse and neglect at the hands of caregivers or other adults all too often. With this in mind Child Protective Services ( CPS ) functions within the Texas Department ...
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Frequently Asked Questions Regarding Void Marriage in Texas February 28, 2018
The following are answers to some of the most frequently asked questions about Texas void marriages. The answers are general in nature and are designed to help you better understand when a marriage is ...
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Parental Alienation- What is it and what does it mean for my Texas Family Law case? February 28, 2018
In a recent 14 th Court of Appeals decision out of Houston, a Mother appealed the final order of a trial court that awarded the Father a modification in child custody case. This case presented a ...
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A Houston area example of a Bill of Review's impact on a Family Law case February 27, 2018
Yesterday’s blog post dealt with the issue of what a Bill of Review is and how it can be used in a family law case in the event that you had a negative judgment against you that was not due to any ...
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What is a Bill of Review and what impact can it have on a Texas family law case? February 26, 2018
If you were involved in a civil case in Texas and are not happy with the result, you have options to seek a new trial. The most widely known option is to file a motion for new trial. In the event that ...
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What is a summary judgment and how could one affect your Texas family law case? February 25, 2018
A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is ...
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Can family violence render a Mediated Settlement Agreement void? February 24, 2018
This past week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog article that centered around mediated settlement agreements in family law cases. We discussed how these documents ...
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Can you challenge a Mediated Settlement Agreement in Texas? February 23, 2018
Family courts in Texas are overburdened with cases. I’m not telling you this to push you towards feeling bad for court staff or judges, necessarily. My intention in sharing this information with you ...
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Spousal Maintenance in Texas February 22, 2018
Unless children are involved in a divorce , the number one concern of parties is typically money. Who’s getting more of it and what can be done to limit their spouse from getting any more than they ...
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Virtual Visitation: What it means and why it matters to Texas families February 21, 2018
For families where all of its members do not live under the same roof, technology can greatly enhance the bond between parents and children. Gone are the days where the only ways to get in touch with ...
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The effect of home schooling in child custody cases in Texas February 20, 2018
As we begin to enter the last stretch of the school year prior to summer vacation, you may have run into some issue in your child’s school-life that has caused you to reflect upon whether or not it ...
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Mistakes to avoid making in your child custody case February 19, 2018
If you are considering filing a child custody case in Texas I would like to provide you with some helpful hints on what behavior to avoid during your case. It’s likely that there is a situation going ...
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The potential impact of social media on your Texas divorce or child custody case February 18, 2018
It used to be that the first thing a person would do to find out what’s going on in the world was to pick up the newspaper from their town and get to reading. All of the previous day’s events were ...
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Divorce advice based on the best interest of your children February 17, 2018
The attorneys with the Law Office of Bryan Fagan, PLLC have previously written in our blogs that your children are going to be impacted more heavily by your divorce than anyone else- including you and ...
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How to present yourself and testify well in court during your divorce case, Part Two February 16, 2018
As you can tell from the title to this blog post, we are going to be continuing our discussion on how to get ready for your day in court. One big point that I communicated in yesterday’s blog post was ...
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How to present yourself and testify well in court during your divorce case February 15, 2018
When we feel apprehensive about something, especially something unpleasant, we tend to look for any excuse to keep us from having to do that certain thing. If you are feeling apprehensive about filing ...
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Valentine's Day, Divorce and the relationship between the two February 14, 2018
There is no more romantic day of the year than Valentine’s Day. Whether we like it or not February 14 th has become synonymous with love, affection, greeting cards and chocolates. If you are married, ...
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How do family law attorneys in Texas bill their clients? February 13, 2018
If you are facing a family law case in your own life then you probably have a great deal of questions to ask someone advice on. Beyond what the case can mean in the long and short term for your ...
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What happens when you are served with Divorce papers in Texas? February 12, 2018
Whether it comes as a surprise to you or not, receiving divorce papers from a process server or law enforcement officer can be one of the more unnerving experiences of your life. The process begins ...
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Tips for your divorce from the Law Office of Bryan Fagan February 11, 2018
If you are going through a divorce currently or are contemplating one I can assure you that one thing that you will not be lacking for it advice. Most of that advice will be unsolicited as well. Once ...
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What does an Attorney Ad Litem do in a Texas family law case? February 10, 2018
Many of you that went through divorces a few years ago are having to go back to court due to your or your ex-spouse having filed for a modification of some portion of your Final Decree of Divorce. ...
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Dividing real property in a Texas Divorce February 9, 2018
If you are getting a divorce you should be prepared for knowing what to expect when it comes to dividing up your marital home . Not only will you and your spouse have to decide if either of you will ...
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Helping your child cope with your divorce February 8, 2018
You don’t need to read a blog post to know that your divorce is going to be difficult on your child. Children thrive on stability and consistency in all facets of their lives and when those ...
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Basic Divorce Questions Answered, Part Two February 7, 2018
In part one of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on basic divorce questions, we discussed whether or not it was a good idea to file for divorce and represent yourself rather ...
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Basic Divorce Questions Answered February 6, 2018
Whether or not to file for divorce is an intensely personal question that nobody can answer for you. The circumstances and factors that are in place in your life are so unique that other people can ...
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Texas Child Support: A word (or two) on Net Resources February 5, 2018
With great regularity, people walk into the Law Office of Bryan Fagan, PLLC to speak to one of our attorneys about the subject of child support . This is a subject that is almost always an issue that ...
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Reasons why Child Support in Texas may not follow the Statutory Guidelines February 4, 2018
One size fits all is an approach that not only doesn’t work for blue jeans but also in the world of child support . The Texas Family Code has laid out its proscribed levels of child support that for ...
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Child Support in Texas: What is the most you will have to pay and what are the exceptions to that rule? February 3, 2018
Being worried about child support is normal if you are going through a child custody case or divorce. It’s normal if you’re the parent who is going to receive child support because odds are you are ...
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Annulment Essentials for Texas Residents February 2, 2018
One of the least common family law cases that attorneys and courts run into are annulments. Divorces , child custody cases and even adoptions are more prevalent than annulments . Let’s spend today’s ...
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Common Possession and Visitation Schedule Questions February 1, 2018
Parents who are preparing to live underneath a possession schedule as a result of their divorce or child custody case will always have questions about how to either structure their schedules or how to ...
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In Court Testimony: Advice for your Trial or Temporary Orders Hearing, Part Two January 31, 2018
In part one of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on in court testimony we discussed the importance of always telling the truth on the witness stand as well as how ...
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In Court Testimony: How what you say can make a difference in how the judge views your case January 30, 2018
The days prior to a temporary orders hearing or trial can be extremely tense. For one thing, it’s likely that you’ve never been inside of a courtroom before and your unfamiliarity will likely cause ...
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Dividing community property in mediation: What can be done to settle your divorce in Texas January 29, 2018
Generally speaking income earned and property/debt acquired during the course of your marriage is considered to be community property for Texas residents. Property and income is presumed to be ...
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Answering Frequently Asked Questions about Texas Divorces: Part Three January 28, 2018
In an effort to address many of the frequently asked questions that people just like you have asked me in divorce consultations, the Law Office of Bryan Fagan, PLLC is producing blog posts that are ...
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Answering Frequently Asked Questions about Texas Divorces: Part Two January 27, 2018
In Part One of the Law Office of Bryan Fagan, PLLC ’s series on Frequently Asked Questions about Texas divorces, we discussed how much your divorce could cost and the factors that contribute to the ...
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Is Overtime Pay or Bonus Pay Considered for Texas Child Support? January 26, 2018
Some of the most frequent question I get are in regard to child support such as: How much? Will I have to pay child support for over time? Can I quit my job or reduce my income to avoid paying higher ...
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Answering Frequently Asked Questions about Texas Divorces January 26, 2018
One of the benefits of working as an attorney at the Law Office of Bryan Fagan, PLLC is that I have the opportunity to frequently meet with potential clients in consultations. We offer people like you ...
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Texas Emergency Custody Order Guide January 25, 2018
My recommendation is that if you need to file for an emergency custody order is that you will need a family law attorney . However, if that is not an option for you and you must represent yourself at ...
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The community estate in a Texas Divorce: Where is all of our stuff going? January 25, 2018
The part of a divorce that proves to be the most difficult time and time again (other than issues relating to children) is what ultimately happens with your community estate . The community estate ...
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Spousal Maintenance: What it is and what that can mean to your Texas divorce, Part Two January 24, 2018
In the first part of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on Spousal Maintenance in Texas divorces, we discussed court ordered spousal maintenance and the situations that ...
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Spousal Maintenance: What it is and what that can mean to your Texas divorce January 23, 2018
Spousal maintenance represents money that is paid from one spouse to the other to help support him or her after a divorce . These payments are temporary though in most cases unless otherwise agreed ...
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Full Custody: What it means to you and what it can mean for your child custody case January 22, 2018
Many, many potential clients of the Law Office of Bryan Fagan, PLLC have walked into a free of charge consultation with me and have let me know that their number one goal for their divorce or child ...
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Mistakes to Avoid at the Outset of your Texas Divorce, Part Two January 21, 2018
In part one of this series of blog posts from the Law Office of Bryan Fagan, PLLC , I discussed some tips to help avoid making common mistakes at the beginning of your divorce case. I would certainly ...
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Mistakes to Avoid at the Outset of your Texas Divorce January 20, 2018
It only takes one of you or your spouse to file for divorce . No matter if you filed or your spouse did- a divorce is staring you in the face and it is time to begin the process of ending your ...
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Can you be forced to get a job after your divorce? Part Two in a Series January 19, 2018
In Part One of the Law Office of Bryan Fagan, PLLC ’s series on whether or not you will need to get a job after you divorce if you did not have one before, we discussed issues ranging from community ...
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Can you be forced to get a job after your divorce? January 18, 2018
If you are going through a divorce , or are merely contemplating one, you should prepare yourself for changes on the horizon. Your quality of life will change- either for the better or for the worse- ...
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How to negotiate a divorce settlement with taxes in mind January 17, 2018
When the chips are down and you are in the middle of an intense mediation session attempting to negotiate final orders it is likely that there will be a moment where you think to yourself- “I would ...
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What can happen to my home in a Texas divorce? January 17, 2018
Outside of child custody and issues surrounding your children, it could be that what you’re most concerned with in connection to an upcoming divorce is what will happen with your family home. ...
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Frequently Asked Questions Regarding Texas Annulment January 16, 2018
What is an annulment? In some instances, a person may want and be able to get an annulment rather than a divorce. An annulment and divorce are different. A divorce ends a valid marriage. An annulment ...
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Military Divorces: Essential knowledge for Texas residents January 16, 2018
The rigors of military life are well known. Enlisting in the armed services on behalf of your country is one of the most selfless and courageous decisions a person can make. Deciding to put the lives ...
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Common Law Marriage: How to avoid being or getting married without your intent January 15, 2018
Plenty of people get married for reasons other than love. Money, security, maybe even a little baby about to be born are just a few of the reasons why people get married when eternal love is not the ...
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What happens to your engagement ring if the wedding doesn't happen? January 14, 2018
When a marriage proposal is made those words and that gesture are often accompanied by an engagement ring. The cost to purchase that engagement ring can be substantial and is an investment no matter ...
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Dirty Divorce Trick - Turning into a Temporary “Helicopter” Parent January 14, 2018
Recently, we had a case where I was able to observe a husband become a “helicopter” parent. He used his new-found involvement with the children to strongly negotiate for additional time with the ...
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The Dirty Trick of the Amicable Divorce January 13, 2018
Many people are scared to use a lawyer in a divorce because they think their situation is too simple or easy to justify paying for a divorce lawyer to provide help and guidance. The same people think ...
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Modification of Spousal Maintenance in Texas January 13, 2018
In many marriages, one spouse goes out into the world and works to earn a living for their family and themselves. The other spouse often times remains in the home and provides economic value through ...
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Essential knowledge for Surrogacy Agreements January 12, 2018
Surrogates are women who carry children for a family who are unable to conceive a child themselves. With the legalization of same sex marriages across the United States as well as the continuing need ...
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When does the extended family of a child have standing to sue for custody in Texas? January 11, 2018
The Law Office of Bryan Fagan, PLLC recently had cause to celebrate a huge victory for long-time clients of ours. These clients are grandparents who live in North Texas but whose grandchildren reside ...
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Taxes and Divorce: How to avoid mistakes when filing during a divorce January 10, 2018
I sat and thought for a few minutes prior to writing this blog post on what title to use. After careful deliberation I determined that there is no way to make the subjects of divorce and taxes any ...
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Can a possession order be affected by the mental health problems of a parent? January 9, 2018
Caring for the health and safety of Texas children is the responsibility that the Texas Department of Family and Protective Services is charged with upholding. The populations that the agency serves ...
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What is a Right of First Refusal? January 8, 2018
If you are a parent who is going through a divorce then it’s likely that you’ve thought that you would like to do as much as you can to co-parent with your soon to be ex spouse once your divorce is ...
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Pregnancy and Divorce: Can the two mix in Texas? January 7, 2018
Anyone who has gone through a pregnancy, whether you are a mother or father, can understand the difficulties and stresses associated with the nine month wait for a baby to be delivered. Mothers ...
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Discovery: A tedious but important part of your Texas divorce January 6, 2018
When a new client with the Law Office of Bryan Fagan, PLLC is discussing with me their case one subject that we will get into is what evidence does our client have to support any allegation that he or ...
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Frequently Asked Questions Regarding Common Law Marriage and Divorce January 5, 2018
The following are answers to some of the most frequently asked questions about Texas common law marriage and divorce. The answers are general in nature and are designed to help you better understand ...
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How to determine when an amicable divorce is not possible January 5, 2018
Making the best of a bad situation is a saying that we have all heard in our lives hundreds of times. It is a nice thought- when you’re facing something undesirable why not take any steps you can to ...
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The benefits of not immediately introducing your children to your new love interest after divorce January 4, 2018
Sometimes in life what we think we want isn’t always what is best for us. If you were a person stuck in a marriage that was not healthy then you are probably excited beyond belief to be divorced . ...
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How to co parent with your ex spouse spouse while maintaining appropriate boundaries January 3, 2018
If you are in the middle of a divorce right now as you read this, I know that what you are going through is one of the most difficult times in your life. You’ve had some people in your life tell you ...
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10 Most Popular Texas Divorce Blogs of 2017? January 2, 2018
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 lot! Or ...
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High asset divorces and their affect on Golden Years Divorces January 2, 2018
If you are in your “ Golden Years ” and are considering a divorce then you can count yourself among those with concerns about what will happen to your property when it is split upon the conclusion of ...
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An inexpensive divorce is possible for you and your family January 1, 2018
Probably the number one concern for potential clients that I have spoken with in my time as a family law attorney is the cost of what a divorce will actually cost. This is completely understandable. ...
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Drug and alcohol abuse: Texas parents face risks if they fail to become sober December 31, 2017
One of the saddest aspects of being a family law attorney is running into people – both clients and opposing parties- who are addicted to drugs or alcohol . Drug and alcohol abuse is a trait that is ...
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Frequently Asked Questions Regarding Texas Marriage December 30, 2017
Below are answers to some of the most frequently asked questions about Texas marriage. The answers are general in nature and are designed to help you better understand marriage and divorce law and ...
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Divorce in Texas: Don't believe everything you hear December 30, 2017
Every one of us has a friend, co worker, or family member who has been through a divorce . It has become commonplace for marriages to drift towards divorce for a variety of reasons in our country. ...
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Adoption in Texas: Essential information that you need to know December 29, 2017
Family Law is a field that sees its fair share of difficult cases and circumstances for an attorney to engage in. After all, when you get down to it we are working with people like yourself whose ...
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How can a step parent adopt their step child in Texas? December 28, 2017
A few weeks ago I was doing consultations with prospective clients of the Law Office of Bryan Fagan, PLLC on a Saturday morning when a husband and wife walked in to speak with us. I came to find out ...
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How to properly calculate child support in Texas December 27, 2017
Child support is one of the most asked about topics both by current clients of the Law Office of Bryan Fagan, PLLC as well as prospective clients of our office. This is understandable as all parents ...
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Who decides how your community property is split during a Texas divorce? December 26, 2017
If you and your spouse were to take all the community property that you own and put it towards the center of an imaginary (and huge) table during your divorce, the next question that would need to be ...
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Co-parenting: Assisting your child in their post-divorce life December 25, 2017
No person is impacted more by your and your spouse’s decision to get a divorce than your son or daughter. We may get so wrapped up in what a divorce means for us as adults that it is easy to lose ...
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Positive qualities to search for when interviewing a family law attorney December 24, 2017
Probably the most common piece of advice I will give to a person when he or she is speaking to me about hiring a family law attorney is that a family law case is not like any other case, criminal or ...
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Mediation: A time and money saver for your Texas Divorce December 23, 2017
From the time that I began practicing family law most clients and potential clients that I have had the opportunity to work with have had the belief that a judge will decide their divorce case. It ...
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Is it time for you to contact a family law attorney? Part Two in a Series December 22, 2017
Today’s blog post will be the second and final post in a series of articles written by the Law Office of Bryan Fagan, PLLC on the topic of the appropriate time to hire a family law attorney for your ...
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Is it time for you to contact a family law attorney? December 21, 2017
The title to this blog post is probably a dead giveaway that not only is it time for you to look into contacting a family law attorney. I can say that with confidence because the time is right for you ...
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Important Information Explained Regarding Child Support and Medical Support in Texas, Part Three December 20, 2017
Today’s third and final blog post in a series from the Law Office of Bryan Fagan, PLLC on the subject of child support and medical support will cover attempts to modify child support orders as well as ...
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Important Information Explained Regarding Child Support and Medical Support in Texas, Part Two December 19, 2017
If you have not already done so, please feel free to read yesterday’s blog post from the Law Office of Bryan Fagan, PLLC where we began our discussion of medical and child support in Texas . This ...
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Important Information Explained Regarding Child Support and Medical Support in Texas December 18, 2017
If you are a parent who is anticipating a divorce in your and your spouse’s futures, then you are almost undoubtedly aware that child support is going to come into play. Either you will be on the hook ...
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DNA Testing and its Impact on Paternity Determinations in Texas December 17, 2017
A former client of the Law Office of Bryan Fagan, PLLC had a pretty nasty situation fall upon him that required the help of a family law attorney . This gentleman was minding his own business one day ...
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Creating a post-nuptial agreement in Texas and its potential benefits for your family December 16, 2017
Post nuptial agreements are similar to pre marital agreements with the exception that post marital agreements are signed after the marriage has already begun. I realize that this will not be an ...
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Are your marital arguments an indicator of a future divorce? December 15, 2017
If you are considering a divorce you most likely have a pretty unique set of reasons for wanting that divorce . Not that the reasons themselves are unique to you and your spouse, by any means. It’s ...
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Methods for helping your gifted child understand your divorce December 14, 2017
So much of the time we as parents worry about our children and how they view the world around them. What are we exposing them to that may be beneficial to them? What are the things that they see, hear ...
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Reasons to not file a Child Custody Modification Suit in Texas December 13, 2017
If you have ever been involved in a child custody or divorce case and the outcome wasn’t what you expected or necessarily wanted you may have already started thinking about changes that you would like ...
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How to help your children succeed in school after a divorce, Part Two December 12, 2017
Yesterday morning the Law Office of Bryan Fagan, PLLC posted a blog regarding some helpful tips that could help you with your child’s adjustment to attending school after you and your spouse have ...
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How to help your children succeed in school after a divorce December 11, 2017
Even the most resilient children will struggle to some extent when their parents divorce. The change in routine, the emotional void that is left when one parent is no longer physically there in the ...
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Family Comes First: A Reminder for Divorced Parents in Texas December 10, 2017
The Holiday Season is upon us. Purchasing gifts, figuring out plans with family and decorating the house are just a few of the many, many obligations that each of us will likely engage in during the ...
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Christmas Visitation Essentials for Texas Parents December 9, 2017
As we approach the Holiday Season, many of you reading this blog may be about to experience Christmas or other holiday after a divorce. Whereas before you were used to and were able to experience ...
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Divorce when economic times are tough December 8, 2017
The number one cause of divorces in the United States has to do with money problems and arguments/disagreements about money. If you and your spouse are not on the same page about money it could spell ...
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How to achieve a successful divorce from a financial perspective, Part Three December 7, 2017
If you have been reading the Law Office of Bryan Fagan, PLLC’s series of articles on how to achieve a successful divorce outcome the it is likely that you have either filed for divorce already or are ...
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How to achieve a successful divorce from a financial perspective, Part Two December 6, 2017
There are so many considerations to make in regard to a divorce that it is easy to lose sight of what you are actually attempting to do when you begin on the journey. Take the dispassionate view that ...
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How to achieve a successful divorce from a financial perspective December 5, 2017
There are some people in the world that would have you believe that money is the root of all evil. The Bible says that it is easier for a camel to walk through the eye of a needle than it is for a ...
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The Ins and Outs of Child Visitation in Texas December 4, 2017
One of the most frequently disagreed on subjects by parents in divorce and child custody cases is who should be able to have the children with them and on what days of the week those visits should ...
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The effect of divorce on children: Helping your family maintain stability December 3, 2017
If you are a parent who is going through a divorce then you will find that your case will be quite different from a divorce that does not feature two parents. Parents understand that their actions ...
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Common mistakes in Texas divorces and how to avoid them December 2, 2017
Throughout the course of a divorce there are many, many decisions that people make that can affect their family and their case. If you are considering a divorce then understanding the common mistakes ...
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How a mortgage is handled in a Texas Divorce December 1, 2017
Beyond being a mentally and emotionally strain on your life, a divorce can also turn your finances into a mess if you are not careful. The assets and property that you have worked your entire adult ...
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Will a DUI affect my child custody case in Texas? November 30, 2017
New clients of the Law Office of Bryan Fagan, PLLC are asked to fill out some paperwork that will provide our attorneys with information about our new clients and their families. This questionnaire ...
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Methods of Service Including Facebook in a Divorce November 29, 2017
Recently, in one of the attorney discussion groups I am a member of on Facebook, it was mentioned that some lawyers have been successful in getting judges to sign off on allowing them to serve a party ...
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Understanding the Attorney-Client Relationship November 28, 2017
It should come as no surprise to you that the attorneys with the Law Office of Bryan Fagan, PLLC believe the relationship between our office and our clients to be extremely important. We understand ...
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Co parenting when you and your children live in different states November 27, 2017
Whether you have moved at the time of your divorce or after you’ve modified a custody order , it is a challenge to parent your children from across state lines. I have seen many clients of the Law ...
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Starting Divorce proceedings in Texas November 26, 2017
As we begin to approach the final weeks of 2017 you may be thinking ahead to the Holiday season and everything that still has to be done. Presents to be purchased, decorations to put up, and ...
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What property goes to which spouse in a Texas Divorce? November 25, 2017
Whether you’re a little kid on Christmas morning or a grown person going through a divorce , the big question is when it’s all said and done what are you going to end up with. Under the Christmas ...
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How to rebuild your financial health after a divorce November 24, 2017
A large concern that people have while they are going through a divorce is their credit score. Borrowing money and then repaying that money on time is crucial to maintaining a good credit score and ...
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What is the purpose of Standing Orders in a Texas Divorce or Child Custody case? November 23, 2017
Depending upon in which county you reside in Texas you may find that once you file for divorce or suit affecting the parent-child relationship specific Orders from your court will immediately go into ...
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How important is having an attorney for your divorce in Texas? November 22, 2017
Many people file for divorce in Texas without the assistance of an attorney. The internet is an amazing thing- if you search long enough you can find all the necessary documents online that you’ll ...
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Attending the Prove Up hearing for your Divorce November 21, 2017
If you are anything like most people contemplating a divorce then you probably have had many people tell you that a divorce is going to be the longest, most difficult and most stressful event of your ...
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Unique considerations to make for Over-Fifty Divorces November 20, 2017
From my experience as an attorney with the Law Office of Bryan Fagan, PLLC , I can say that the age range of clients we have that are getting divorces is pretty staggering. I have worked with a client ...
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Modifying a child custody order: A how to guide for Texas parents November 19, 2017
Whether you were once married to your child’s other parent or simply had the child together, the Texas Family Code allows for either parent of a child to file for a modification of the prior child ...
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Same Sex Divorces in Texas: Essential Information November 18, 2017
Most people in the United States are aware that same-sex marriages were made legal by the Supreme Court in 2015 in ruling that bans on same sex marriages were illegal and unconstitutional. There is ...
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Child Support when the guideline amount is insufficient November 17, 2017
When it comes to a divorce or child custody case, one of the most frequently heard questions that I receive is how much does the State of Texas require be paid on a monthly basis in child support . If ...
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Can I Add My Dad's Name to My Birth Certificate If He is Dead? November 16, 2017
I get questions frequently from clients and potential clients regarding a wide range of subjects. I hear a lot of interesting things, but normally the questions do not cause me to do any mental ...
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Interim Attorney's Fees in a Divorce with No Children November 15, 2017
I get questions pretty frequently from clients and potential clients about getting the other party to pay for their attorney’s fees. There are different standards on awarding interim attorney’s fees ...
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Which parent claims the children on their taxes after a Texas Divorce? November 14, 2017
In the course of a divorce , just about any issue that you can conceive of will be discussed, negotiated, fought over and settled upon. The big ticket items that most people think of right off the bat ...
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How to handle a high net-worth divorce in Texas November 13, 2017
Divorce is a complicated and difficult process no matter what kind of case yours is. Many people have somewhat “typical” divorces that involve a husband and wife who each work and earn an income that ...
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What happens if your spouse hides assets until your divorce is finalized? November 12, 2017
When most people think about hiding things in the context of a divorce I think the most common thought that comes to mind is a spouse trying to cover up an affair. Whether it’s by using a separate ...
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What happens to your business in a Texas Divorce? November 11, 2017
Owning your own business is great way to achieve financial independence and increase your earning capacity. While there are risks to going out on your own, the knowledge that you are the one who ...
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Skype with your children when in-person visitation is not possible November 10, 2017
Technology, for the most part, is great. Not only have technological improvements and innovations aided science, medicine and the business worlds but our everyday lives have been improved as well. ...
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Trusts are not always trustworthy in the context of a divorce in Texas November 9, 2017
Aside from my bad attempt at humor in the title to this blog post, the subject of how spouses structure and protect their assets is very important. I think a lot of people will consider whether or not ...
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Where will my child's custody case need to be filed? November 8, 2017
The Law Office of Bryan Fagan, PLLC recently had a client who had an interesting, albeit frustrating situation on his hands. This gentleman had lived, been married and had children in Texas. He and ...
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Hearsay exceptions in family law cases: Business Records of the Marital Household November 7, 2017
If you were to walk into my house and go into the closet that adjoins the master-bedroom you would find paperwork like bank statements, medical bills, daycare statements, etc. I’m sure that many of ...
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What considerations to take when considering changing your child's school November 6, 2017
If you have recently gone through a divorce then you are well aware that your life has seen changes. Some of these changes have been significant, such as moving residences or losing a person that used ...
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What is the procedure for an adult to change their name in Texas? November 5, 2017
Clients of the Law Office of Bryan Fagan, PLLC will often time request that their name be changed after a divorce has been finalized. If you are interested in learning more about divorce in Texas and ...
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What are the steps towards increasing or decreasing a child support obligation in Texas? November 4, 2017
The Texas Family Code sets forth the rules that you have to follow in order to either increase or decrease a person’s child support obligation. Clients of the Law Office of Bryan Fagan, PLLC come to ...
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What can be done if CPS has taken possession of your child in Texas? November 3, 2017
Under the Texas Family Code, Child Protective Services (CPS) is provided a great deal of authority to investigate allegations of abuse or neglect against your child and ultimately to remove him or her ...
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Examining the Rights and Duties of Texas Parents, Part Two November 2, 2017
When clients come into the Law Office of Bryan Fagan, PLLC to discuss their family law questions and problems it is frequent that I will hear him or her use the term “fight” or “war” or “battle” to ...
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Examining the Rights and Duties of Texas Parents November 1, 2017
If you are getting a divorce and also have a child then contained within your Final Decree of Divorce will be parenting plan. This parenting plan discusses and will contain the road-map for parenting ...
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The Texas Standard Possession Order October 31, 2017
If you are about to undertake a Divorce or Child Custody and have a child then you should be familiar with a Standard Possession Order and what it entails. Our State Legislature created the Standard ...
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What are the key components to a Texas Divorce? October 30, 2017
Have you ever heard the phrase, “A journey of a thousand miles beings with a single step”? The meaning behind this saying is that perspective is important when evaluating any situation that you may ...
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Dividing up your property in a divorce is about more than money October 29, 2017
If you are an adult and if you have friends, a family or co-worker then you have heard other people talk to you about their divorce . When people tell stories about themselves the person will rarely ...
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Interim Attorney's Fees in a Suit Affecting the Parent-Child Relationship (SAPCR) October 27, 2017
I get questions pretty frequently from clients and potential clients about getting the other party to pay for their attorney’s fees. There are different standards on awarding interim attorney fees ...
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Tips on giving in-court testimony in your divorce or child custody case, Part Three October 26, 2017
The past two days have seen blogs posted on this website which detail tips and preview your being asked to give testimony in a hearing or trial during your family law case. While I cannot possibly ...
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Tips on giving in-court testimony in your divorce or child custody case, Part Two October 25, 2017
Yesterday’s blog post centered around the subject of in court testimony in your family law case. I wanted to introduce the subject, discuss some basic advice and then transition into the remaining ...
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Tips on giving in-court testimony in your divorce or child custody case October 24, 2017
When a new client signs up with the Law Office of Bryan Fagan, PLLC and we begin to discuss their case the talk inevitably ends up on what information he or she has that will be able to influence a ...
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The Impact of Relocation on Child Custody cases in Texas October 23, 2017
It is well known that Houston is a city of transplants. It’s likely that you or your family are not from Houston originally, but instead moved to the area from another city, state or country. Couple ...
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The Impact of International travel, Passports and Children on Divorce in Texas October 22, 2017
Travel, especially international travel, is one of the more highly contested parts of a divorce . In an international city like Houston, many of the people in our community have family living in other ...
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What to think about prior to filing for divorce in Texas October 21, 2017
All marriages go through difficult times. This is an unavoidable consequence of choosing to spend your life with another person. The decisions that you and your spouse make (or fail to make) will have ...
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What to do when your divorce is final in Texas October 20, 2017
After going through the entire process of deciding you want a divorce , hiring an attorney, going through with the divorce and finally signing on the dotted line it is understandable to want to take a ...
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What exactly does child support cover in Texas? October 19, 2017
If any of you reading this are a parent like I am then you know that raising kids is challenging, shall we say. It’s rewarding, gratifying and at times requires selfless attention but no matter how ...
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Paying for college after a divorce October 18, 2017
If you are going through a divorce or are beginning the process right now then there are probably a lot of immediate considerations on your mind. How are you going to pay for your divorce? How long is ...
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Texas Child Support Basics October 17, 2017
In order to determine your potential responsibility for child support it’s necessary to first figure out how child support is actually calculated . The state of Texas calculates current child support ...
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Texas Child Support Basics, Part Two October 16, 2017
In our prior blog post I discussed how child support is calculated in Texas (based on net monthly income) and what counts as income . In this blog we will continue our discussion by outlining how ...
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Reduce stress and costs in a divorce by mediating your case October 15, 2017
If you are reading this blog post it is likely that you are either contemplating a divorce or one is already in the works. It is normal to feel nervous, apprehensive and stressed out about the ...
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How can parental rights be terminated in Texas? October 14, 2017
I recently had a gentleman come into the Law Office of Bryan Fagan, PLLC who had a question surrounding the issue of adoption of his wife’s child from a prior marriage. Apparently the biological ...
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How to handle a Texas divorce when you were married in another state October 13, 2017
When my family moved to Texas from Wisconsin I can recall a gift that we received from one of our new neighbors down the street. The gift was a little decorative sign that read, “I wasn’t born in ...
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Is it beneficial for your child to speak to the judge about where he or she wants to live primarily? October 12, 2017
One of the most common requests that I will field from a new client with the Law Office of Bryan Fagan, PLLC is to have their child be able to be interviewed by the judge in the event that determining ...
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Challenging a paternity finding in Texas October 11, 2017
The law in the state of Texas is that a man is legally presumed to be the father of any child that is born to his wife either during the course of their marriage or before the 301 st day after the ...
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What affect can adultery have on a divorce in Texas? October 10, 2017
While I don’t have any statistics on the subject to provide you all with, my gut feeling is that infidelity among spouses is more prevalent today than even ten years ago. Maybe this is a result of ...
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Spousal Maintenance in a Texas Divorce: Truths and Untruths October 9, 2017
If you are contemplating a divorce or are being forced to contemplate a divorce because your spouse has already taken the liberty of filing one, your financial well being is probably high atop your ...
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Clearing up rumors about child support in Texas October 8, 2017
Clearing up rumors about child support in Texas One of the areas of family law that attorneys with the Law Office of Bryan Fagan, PLLC get questions asked the most about is child support . Whether you ...
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Spousal Maintenance for a Disabled Spouse in Texas October 7, 2017
If you have a disability it is understandable that a lot of your life is spent thinking about and planning for the future. It’s probably fair to say that you also spent a lot more time thinking about ...
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Disabled Divorce in Texas October 6, 2017
Disabled Divorce in Texas Divorce is a major disruption to anybody’s life who is involved in that process. For a disabled person this is even more true. While there are many considerations for a ...
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What happens if I file for divorce in Texas but my child lives somewhere else? October 5, 2017
Say that you and/or your spouse have resided in Texas for the past six months (sufficient for the state to have jurisdiction over your divorce) and you have filed for divorce here. However, your child ...
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Serving a lawsuit on a person who lives in Mexico October 4, 2017
It happens with some regularity that a client of the Law Office of Bryan Fagan, PLLC will need to serve a spouse or other person who does not live in the United States. By far the most common country ...
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Can I get a divorce even if my spouse lives in another country? October 3, 2017
The Law Office of Bryan Fagan, PLLC has a former client’s story to present to you all today that is related to a subject that is probably more relevant in today’s world than ever before. This ...
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Divorce when you are pregnant- but the child is not your husband's October 2, 2017
Making difficult decisions like filing for a divorce when you are pregnant can be extremely taxing from an emotional perspective. An already tough decision is exacerbated by the fact that you are ...
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Tips for hiring a divorce attorney in Texas, Part Three October 1, 2017
For the past few days the Law Office of Bryan Fagan, PLLC has been posting articles regarding tips for hiring a family law attorney for your divorce . If you haven’t read the first two blog posts I ...
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Tips for hiring a divorce attorney in Texas, Part Two September 30, 2017
In the first part of this series of blog posts from the Law Office of Bryan Fagan, PLLC , we were discussing what characteristics were important for your family law attorney to embody. While I would ...
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Issues in Community Property Law in Texas September 29, 2017
Many potential clients of the Law Office of Bryan Fagan, PLLC come into one of our free of charge consultations to ask one of our attorneys a question or two regarding community property . If you are ...
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Tips for hiring a divorce attorney in Texas September 29, 2017
Having an attorney to represent you in your divorce is one of the most important aspects to a successful case. Your personal knowledge of divorce is based on stories you’ve probably heard from friends ...
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What happens to your pet in a Texas divorce? September 28, 2017
An unpleasant realization that families facing divorce have to come to is that their sweet little dog, cat, or other pet is not actually the member of the family that we sometimes will believe that ...
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Handling debt in a Texas Divorce September 27, 2017
When either you or your spouse incur a debt during the course of your marriage it is presumed to be included within the community estate . On the other hand, if you have incurred a debt before you ...
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How to keep from getting a divorce in Texas September 26, 2017
You may be thrown off by a family law firm attorney writing a blog post on how to not get a divorce , but your eyes are not fooling you. So often people get married due to particular situations that ...
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Will Social Security Benefits play a substantial role in my Texas Divorce? September 25, 2017
Divorce is no longer an endeavor for the young. So-called,” Gray Divorces ” are on the rise around the country and Texas is no exception. As the number of these divorces increase so do concerns about ...
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Tips for beginning the school year for recently divorced parents in Texas September 24, 2017
If you find yourself having recently divorced your spouse the summer time and beginning of a new school year are perhaps the most important tests that you will encounter to determine how your new ...
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Dividing up the marital home in a Texas Divorce, Part Two September 23, 2017
Dividing up the marital home in a Texas Divorce, Part Two In case you missed the Law Office of Bryan Fagan, PLLC ’s first blog post in this series on the marital home and its relation to your Texas ...
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Dividing up the marital home in a Texas Divorce September 22, 2017
Dividing up the marital home in a Texas Divorce There is a fatigue that is associated with divorces that is absolutely real. On the emotional side of things, your life and your family’s life is being ...
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How to get through a divorce with a disabled child in Texas September 21, 2017
How to get through a divorce with a disabled child in Texas If you have children and are considering a divorce then you probably feel a bit of unease as to whether or not moving forward with the ...
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How can I get a disproportionate share of the martial estate in my Texas Divorce? September 20, 2017
How can I get a disproportionate share of the martial estate in my Texas Divorce? When you reach the point where you decide that a divorce is necessary you probably have a reason (or twenty) as to why ...
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What if my spouse hides assets during our Texas Divorce? September 19, 2017
What if my spouse hides assets during our Texas Divorce? We’ve all head the phrase, “The fear of the unknown”. This refers, basically, to the idea that people have a high level of anxiety about those ...
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Dealing with life post-divorce in Texas September 18, 2017
Without a doubt, your life will change after the divorce you’ve been involved in has completed. Whether you feel like you’ve come out of the experience as the “winner”, “loser” or somewhere in between ...
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Can a child choose who he or she wants to live with in Texas? September 17, 2017
If you are going through a child custody or divorce case the thought has probably crossed your mind as to whether or not you would want your child to talk to the judge about which parent he or she ...
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Keeping track of violations is key to winning an enforcement case in Texas September 16, 2017
Keeping track of violations is key to winning an enforcement case in Texas If you are a divorced parent then you know the reality of having to rely on your former spouse to drop your child off at the ...
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How to budget for a cost friendly divorce in Texas September 15, 2017
We have all heard stories of friends and family members who have paid half a year’s salary for a family law attorney . If you are going through the process of figuring out if a divorce is something ...
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Splitting retirement accounts in a Texas Divorce September 14, 2017
If you’re considering a divorce from your spouse or have just begun the process then the end of your divorce may seem like a distant dream. While it’s true that a divorce doesn’t finish overnight it ...
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Be Careful What Forms You Use or Sign in a Texas Divorce September 13, 2017
Many people are scared to use a lawyer in a divorce because they think their situation is too simple or easy to justify paying for a divorce lawyer to provide help and guidance. What many potential ...
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How credit cards and debts are handled in a Texas Divorce September 12, 2017
When people are contemplating a divorce their first concern is usually their children (if they have any) and the property . The family home, motor vehicles, vacation houses, etc. are at the forefront ...
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Becoming Emancipated in Texas: A How To Guide for Minors September 11, 2017
Becoming Emancipated in Texas: A How To Guide for Minors I think it’s fair to say that many of us wanted to venture out on our own two feet when we were teenagers. For most of us, that thought was a ...
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How to lower your child support obligation in Texas September 10, 2017
How to lower your child support obligation in Texas In the event that you’ve lost your job, your pay has been decreased or any scenario in between occurs you will want to know your rights when it ...
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Grandparent rights in Texas: Visitation and Preparing for a case September 9, 2017
In Part One of the Law Office of Bryan Fagan, PLLC’s blog posts on grandparent rights in Texas, we discussed the factors that come into play when you as a grandparent wants to win custody of your ...
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You're a Grandparent- What rights do you have in Texas? September 8, 2017
In most families, grandparents and grandchildren have close relationships that are encouraged by the parents of the children. Grandparents are seen as persons to be respected and emulated. Their life ...
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Spousal Maintenance in Texas: Maximum payable amounts and length of commitments to pay September 7, 2017
The attorneys with the Law Office of Bryan Fagan, PLLC are concluding their three part series on spousal maintenance by writing about the limits of support payments and some advice on proceeding in a ...
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Spousal Maintenance in a Texas Divorce: Court Ordered Maintenance September 6, 2017
Spousal maintenance , commonly referred to as spousal support, is an important topic of which many potential new clients of the Law Office of Bryan Fagan, PLLC frequently ask questions about. With ...
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Spousal Maintenance in a Texas Divorce: Should I be worried? September 5, 2017
I think we all have a family member, friend of neighbor who has told us horror stories about their divorce. By God, they went through a divorce that would make a lesser man or woman beg for mercy and ...
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Post divorce advice on maintaining a strong relationship with your children, Part II September 4, 2017
Post divorce advice on maintaining a strong relationship with your children, Part II Yesterday the Law Office of Bryan Fagan, PLLC posted a blog article that discussed three tips that were intended to ...
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Post divorce advice on maintaining a strong relationship with your children September 3, 2017
Every divorce , no matter how amicable, takes a strain on a family. You may be sitting at home and reading this blog post thinking, “My divorce will be the exception. Nothing but smooth sailing once ...
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Advice on keeping your focus in a Texas Divorce September 2, 2017
The advice that I give to potential clients of the Law Office of Bryan Fagan, PLLC that I consider to be the most important has to do with the emotional aspects of a family law case. Many people have ...
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Mediation: What is it and how can it benefit my Texas Divorce? September 1, 2017
When it comes to a divorce , most people have the idea that filing a case with a court means that you will be going to court to have a judge decide the issues in your case and lay down the law as he ...
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A Divorced Parent's Guide to Summer Visitation in Texas August 31, 2017
If you’re a parent who just got a divorce finalized at the end of this school year you’ve probably been acclimating yourself to a different schedule than you’ve become accustomed to as far as ...
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How to choose the best attorney for your Texas Divorce August 30, 2017
Determining how to proceed when you are considering a divorce from your spouse is a difficult position to be in. You already understand that a divorce is not fun even if the marriage is failing and ...
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Communicating with your Family Law Attorney August 29, 2017
Maybe the most important trait a person can have is the ability to communicate with our fellow human beings. Whether it’s with your boss, your doctor, your spouse or your lawyer being able to listen ...
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Wiretapping, GPS Tracking and Divorce in Texas August 28, 2017
It used to be that if you wanted to get your hands on walkie talkies, surveillance equipment or even a tracking device of some sort you would you have to go to the mall and walk into a Radio Shack or ...
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Conservatorship in Texas: What is it and how does it apply to my family? August 27, 2017
If you believe that a divorce or child custody case is something that is in your future it is important to understand the basics of family law in Texas. While hiring strong and steady representation ...
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Divorce in Texas: How to separate from your spouse with your sanity and wallet intact August 26, 2017
Every once in a while potential clients of the Law Office of Bryan Fagan, PLLC will walk into our office with questions about a divorce . These folks will begin talking about their situation when they ...
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Child custody for children under three in Texas August 25, 2017
If you’re a father with a baby at home and are going through a divorce it’s likely that you have questions regarding how much time you’re going to be able to have with your child after the divorce is ...
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Can a postnuptial agreement save your marriage after one spouse is unfaithful? August 24, 2017
After having represented thousands of people across southeast Texas, the family law attorneys at the Law Office of Bryan Fagan, PLLC like to think that we understand a lot of the characteristics that ...
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Post Nuptial Agreements in Texas August 23, 2017
In popular culture and perhaps even in this blog-space, pre-nuptial agreements are discussed with much more regularity than are post-nuptial agreements. Pre-nuptial agreements are unsurprisingly ...
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The United States Supreme Court Answers a Question about Military Retirement Benefits August 22, 2017
In May 2017, the Supreme Court of the United States ruled upon an issue that has to do with how military retirement is decided in a military divorce . The case is called Howell v. Howell and in its ...
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How to raise or lower your monthly child support obligation in Texas August 21, 2017
When parents go to court and have a child support order established, either through a divorce or child custody case , that order will take into account the number of children an obligor (the parent ...
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Do Texas fathers have a chance to win primary custody of their child in a divorce? August 20, 2017
Probably the most commonly encountered stereotype that clients have when it comes to the family courts in Texas is that fathers stand no chance of winning primary custody of their child in a divorce ...
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Mistakes that men make in Texas Divorces August 19, 2017
Men and women are different from one another. Perhaps no truer statement has ever been uttered or written in the history of humanity. If you are going through a divorce you too would probably agree ...
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What to expect in a Temporary Orders hearing in Texas August 18, 2017
Temporary Orders hearings can arise in many different family law cases in Texas Courts . Whether you are going through a divorce or child custody case a temporary orders hearing occurs typically ...
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Drug and Alcohol Abuse in Texas Divorces August 17, 2017
If you are in a marriage where your spouse is dealing with an alcohol or drug addiction you know how difficult it is can be on a family. There are ups and downs associated with your spouse’s mood. ...
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Can I Still get Child Support After the Paying Spouse Dies in Texas? August 16, 2017
Recently, a prior client who I had represented in her divorce came in to discuss some recent developments in her case. Her questions caused me to look into an area of child support law that I was ...
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Post-Divorce Anger Issues: Co-parenting advice in difficult circumstances August 15, 2017
There are two parts to an attorney’s official job title. The first is the more well-known portion: “Attorney”, The second, lesser known portion is “Counselor at law”. To be a successful attorney a ...
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How can I get child support if my ex-spouse lives outside of Texas? August 14, 2017
The subject of child support is probably the most delicate one that the attorneys at the Law Office of Bryan Fagan, PLLC deal with on a near daily basis. This is the case no matter if we are talking ...
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What you need to know about: Child Support in Texas August 13, 2017
Many potential clients of the Law Office of Bryan Fagan, PLLC come into our office for a consultation and have a concern about one subject in particular prior to engaging in a divorce or child custody ...
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High Conflict Child Custody Cases in Texas August 12, 2017
In many divorces , both spouses just want to get out of the marriage without too much bloodshed from either side. Maybe they’ve been divorced before and know the toll that a divorce can take. Maybe ...
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Dividing Stock Options in a Texas Divorce August 11, 2017
As an investment, stock represents a percentage share in the ownership of a business. When the business does well the value of the stock will typically increase and when the business does poorly or ...
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Military Divorces in Texas August 10, 2017
Life for the men and women who serve in our country’s military is both extremely rewarding but also full of challenges and hardships. As an attorney with the Law Office of Bryan Fagan, PLLC, I have ...
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Foreign Marriage Contracts and Divorce in Texas August 9, 2017
Humans are as mobile now as we have ever been. Transportation, technology and the desire to see the world and understand one another has led to a rise in immigrants coming to the United States. Many ...
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Marriage Fraud in Texas August 8, 2017
Immigration to the United States, while not at its peak levels currently, is still prevalent. People from all over the world see our country as a pathway to a better life for themselves and their ...
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Where do you file a divorce in Texas and what are the steps after filing? August 7, 2017
A divorce is like many things that we want to achieve in our lives. We know where we currently are and we know what the goal is. The part we are often unsure of is how to actually get there. When you ...
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If I date a sex offender after I get divorced will I get to see my kids? August 6, 2017
In a perfect world, people would get married, have kids and stay together until they’ve got more great grandkids than they do teeth. Unfortunately, we don’t live in a perfect world and divorce happens ...
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Reality, Art and the TV Show Divorce August 5, 2017
It is fairly well established that we are living in a golden age of television. While newly released movies are seemingly limited to re-makes of old movies or re-re-makes of comic books stories, ...
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Who Gets the House in a Texas Divorce? August 4, 2017
In terms of physical property, there is no more important investment that you can make than buying a home. You need to consider the actual dollars spent on purchasing the home and furnishing the ...
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Uncontested Divorces in Texas August 3, 2017
The attorneys with the Law Office of Bryan Fagan, PLLC help clients across southeast Texas with divorces that do not involve going to court or multiple year disputes over property. These types of ...
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What can happen when you ask the Judge to talk to your teenager during a divorce August 2, 2017
In a divorce or child custody case in Texas any child under the age of eighteen is covered by the conservatorship, possession, access and visitation sections in a Court’s order. It is the state’s ...
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No Fault Divorce in Texas August 1, 2017
It used to be the case where if you wanted to divorce your spouse you had to specify the reason why. Maybe she was abusive against you. It could be that he used your name to sign up for some loans and ...
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Getting divorced in Texas when you cannot locate your spouse July 31, 2017
In some marriages, the problem is that the husband and wife cannot get out of each other’s hair. In other marriages, the issue is the exact opposite- one spouse has left the marital home and cannot be ...
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Where in the world did I file this case? Jurisdiction in Child Custody Cases July 30, 2017
The set of laws that sets the standard in the United States for determining what state has jurisdiction over a child custody matter is the Uniform Child Custody Jurisdiction and Enforcement Act ...
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Parental Alienation and its effect on Texas families July 29, 2017
Parental alienation is, simply put, when one parent essentially makes the children of the marriage choose sides in order to undermine the relationship between the other parent and the child. When one ...
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The Importance of an Inventory and Appraisement in a Texas Divorce July 28, 2017
One of the ways that people can be divided up is based on whether or not they are “big picture” or “details” people. Big picture people tend to focus more heavily on the results of a situation rather ...
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What sets a Texas Family Law case apart from other civil cases? July 27, 2017
For those of you who are not experienced with legal cases you may be wondering what sets family law cases apart from other areas of law. Having worked with clients across Southeast Texas in courts ...
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Child Protective Services Investigation- What to expect and how to handle the situation, Part 3 July 26, 2017
In the third and final installment in the Law Office of Bryan Fagan, PLLC’s series of blog posts on Child Protective Services , we will discuss issues surrounding the extent to which CPS can inspect ...
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Child Protective Services Investigation- What to expect and how to handle the situation, Part 2 July 25, 2017
This blog post is the second in a series of posts that detail CPS investigations : what they are, how CPS conducts them and how you can present yourself most favorably during one. Obviously there is ...
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Child Protective Services Investigation- What to expect and how to handle the situation July 24, 2017
When a potential client walks into the Law Office of Bryan Fagan, PLLC with a question regarding a Child Protective Services (CPS) investigation it is the goal of the attorney to provide information ...
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Mediation Essentials for a Texas Divorce July 23, 2017
What is mediation, you may be asking. Mediation is an event where the parties to a divorce and their attorneys meet with a neutral, third party called a mediator to attempt to settle any outstanding ...
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Spying on your spouse - What to know in a Texas Divorce July 22, 2017
We all live in an age where information is readily at each of our fingertips. A few keystrokes can lead to our discovering the names and birthdates of long lost relatives if we visit a genealogy ...
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Child Protective Services: Investigation Essentials for Texas Families July 21, 2017
Protecting the health and well being of children in Texas is the mission of Child Protective Services (CPS) . As a branch of the Texas Department of Family and Protective Services (TDFPS) , CPS ...
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Paternity Law Essentials for Texas Families July 20, 2017
When a child is born in Texas and his or her parents are not married there the child will not have a legal father. Of course, the child has an actual father but that biological father must complete ...
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Child Support Enforcement Defense - Act Sooner Rather than Later July 19, 2017
We have written several articles on why it is a good idea to pay your child support . We also have written articles on why ignoring a child support agreement or making an informal agreement with the ...
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I Am Already Divorced. Can My Ex Divorce Me in Another State? July 18, 2017
Recently, a friend and fellow attorney asked me some questions regarding one of his cases. He was representing the husband in a divorce case . The facts were a little unusual in that they had ...
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Texas Child Visitation Enforcement July 17, 2017
One of the biggest reasons people seek out our help in a divorce or custody case is there are children involved. One scenario that we hear frequently is that a parent will go to pick up the children ...
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Preparing for a Temporary Orders Hearing in Texas, Part Seven July 16, 2017
In the Law Office of Bryan Fagan, PLLC’s final installment of our series of blog posts whose subject is preparing for a temporary orders hearing in Texas , we will discuss some final pieces of advice ...
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Preparing for a Temporary Orders Hearing in Texas, Part Six July 15, 2017
The Law Office of Bryan Fagan, PLLC understands that if you are facing a Temporary Orders Hearing in your divorce or child custody case that you will be nervous and a little apprehensive about the ...
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Preparing for a Temporary Orders Hearing in Texas, Part Five July 14, 2017
The attorneys at the Law Office of Bryan Fagan, PLLC are eager to share some tid-bits of knowledge with you in regard to Temporary Orders hearings and how best to prepare for them. In the previous ...
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Preparing for a Temporary Orders Hearing in Texas, Part Four July 13, 2017
In part four of the Law Office of Bryan Fagan, PLLC’s series on Temporary Orders hearings , we will discuss the part of the hearing itself that gives clients the most amount of discomfort- their ...
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Preparing for a Temporary Orders Hearing in Texas, Part Three July 12, 2017
If you’ve managed to arrive at this blog post without reading the prior two installments in the Law Office of Bryan Fagan, PLLC’s series of articles on preparing for a Temporary Orders hearing it may ...
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Preparing for a Temporary Orders Hearing in Texas, Part Two July 11, 2017
In case the title of this blog post didn’t give it away, this is the second in a series of articles that the Law Office of Bryan Fagan, PLLC has produced to introduce topics that concern Temporary ...
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Preparing for a Temporary Orders Hearing in Texas, Part One July 10, 2017
It happens on a somewhat frequent basis that potential new clients of the Law Office of Bryan Fagan, PLLC will walk into our office for a consultation only a day or two before a Temporary Orders ...
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Protective Orders in Texas Family Law Cases July 9, 2017
In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. Clients of the Law Office of Bryan Fagan, PLLC walk into consultations with our attorneys ...
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The Effects of Abuse on Child Custody in Texas July 8, 2017
It is an unfortunate truth that violence in the home is more common than any of us would like. When incidents of violence occur in the home it is less likely that anyone else ever becomes aware of the ...
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Undisclosed Assets in a Texas Divorce July 7, 2017
The Houston divorce attorneys at the Law Office of Bryan Fagan, PLLC work as hard as possible to uncover any hidden assets or money that an opposing party may be attempting to hide from one of our ...
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Discovery in Texas Divorce Cases July 6, 2017
What you don’t know can hurt you in a divorce case. That is a basic statement that can apply to your divorce or any other person who is going through the process in Texas. The information that you ...
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Common Law Marriage in Texas July 5, 2017
The State of Texas is among those States that does recognize common law marriages . There is a legal standard that the relationship has to meet in order to be considered a common law marriage, ...
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Termination of Parental Rights and an MSA in Texas July 4, 2017
A while back, a friend and fellow attorney had asked me some questions regarding terminating parental rights on a father. My friend’s potential client, the father, had a one-night stand that resulted ...
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Getting Ready for Divorce in 2017 in Texas: Part Two of a Two Part Series July 3, 2017
This blog post is second in an installment of two articles intended to provide some assistance to people who are planning for a divorce in the near future. Part One of the series provided advice in ...
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Writing My Book, the Journey I took to Write the: Texas Divorce Handbook July 2, 2017
In the intro to my book I wrote about how I had been encouraged to write a book and how I did not want to write a book. Why not? Because, I did not believe I could find the time in my busy work and ...
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Getting Ready for Divorce in 2017 in Texas: Part One of a Two Part Series July 2, 2017
Whenever a potential new client walks into the Law Office of Bryan Fagan, PLLC for a free of charge consultation the person will usually approach their family law situation in a straightforward ...
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Protecting your Credit during a Texas Divorce July 1, 2017
When it comes to financial matters in today’s world your credit score means a great deal. Whether you want to apply for a home loan, a credit card or secure financing for a business opportunity, your ...
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Cost Cutting Tips for your Texas Divorce June 30, 2017
The popular notion about divorces is that they are very expensive. While this can be true, the attorneys with the Law Office of Bryan Fagan, PLLC are here to attempt to dispel this notion at least as ...
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Spousal Support Availability in a Texas Divorce June 29, 2017
Spousal Support in a Texas Divorce case can be awarded to a party for the duration of the divorce. The support in tended to be temporary in duration so that the spouse who lacks the wherewithal to ...
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The Dirty Trick of Spousal Spying in a Texas Divorce June 28, 2017
Our office has had to deal with cases where one party suspects their spouse, rightly or wrongly, of having an affair. They have seen signs: staying out late at night, giving vague information about ...
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How to Prepare for a Meeting with a Divorce Attorney June 27, 2017
When you’ve reached the point where a decision is made regarding whether or not to move forward with a divorce the first thing you may want to do is go and speak to an attorney. Some attorneys, like ...
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Summer Visitation Basics for a Divorced Parent in Texas June 26, 2017
With the official start of summer having just passed us by it is an appropriate time to discuss the sometimes misunderstood topic of summertime visitation in Texas for divorced parents. As our kids ...
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Mediation Essentials for Divorce and Child Custody cases in Texas June 25, 2017
The image of divorce from TV and movies is that the husband and wife will inevitably wind up in a courtroom arguing with one another over every last issue of their marriage. Attorneys on TV are nasty ...
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Ideas to help pay for your Texas Divorce June 24, 2017
When a potential client of the Law Office of Bryan Fagan, PLLC walks into our conference room to discuss their family law question their first concern is making sure they are in a position to be able ...
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Involuntary Termination of Parental Rights in Texas June 23, 2017
Something our office gets a lot of questions regarding is the termination of parental rights. Many of these questions are from fathers who do not want to pay child support. I generally have to tell ...
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How to Co Parent with an Addict Ex-Spouse June 22, 2017
It is not surprising to learn that many divorces have been filed because one spouse is addicted to either drugs or alcohol. When a person isn’t able to control their behavior to an extent where the ...
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Conservatorship in a Texas Divorce June 21, 2017
A common first question for an attorney with the Law Office of Bryan Fagan, PLLC to ask a potential client in a consultation is what they would like to see happen in a best-case scenario. A common ...
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Removing Yourself from a Marriage affected by Domestic Violence June 20, 2017
Regardless of where you live or how old you are there is a risk that you could be a victim of domestic violence . This isn’t a pleasant opening for a blog but the topic isn’t a pleasant one in and of ...
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The Role of an Amicus Attorney in a Texas Divorce Case June 19, 2017
A divorce is a difficult situation for any two people to have to go through. When children are added to the divorce equation the difficulty and anxiety associated with the process grows exponentially. ...
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Getting Drug Tested in a Texas Divorce June 18, 2017
An Order can come from a court in Texas that mandates each party to a divorce to be drug tested for many reasons. Among the reasons why a parent may lose the right to have as much possession and ...
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SUCH AN EASY DIVORCE? THAT HUSBAND MAY LOSE HIS HOUSE! June 17, 2017
A couple weeks ago I met with a husband who wanted to divorce his wife. I was informed by the consult that this would be an “easy case” Whenever a consult tells me how easy the case will be, I always ...
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Advice on How to Make a Divorce Easier in Texas June 16, 2017
The Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC are here to tell you that a divorce case is not only about lawyers and arguing and going to see a Judge to settle disputes. To be ...
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Parenting a Young Child after Divorce in Texas June 15, 2017
When most people contemplate life with children after a divorce their thoughts may go toward considering how to explain the changes to their child. Divorce doesn’t just mean adjusting to a new routine ...
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How to Calculate Net Resources for Child Support payments June 14, 2017
Different people earn their incomes in different manners. At the Law Office of Bryan Fagan, PLLC, we have clients who are a salaried employee working for a major corporation. Others work as hourly ...
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Establishing paternity upon the birth of a child in Texas June 13, 2017
When two married people have a child, it is presumed that the father of the child is the mother’s husband. For that presumption to be rebutted, evidence to the contrary must be produced for a Court to ...
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Key Elements of a Divorce for persons over the age of 50 June 12, 2017
If you are a person who is over the age of fifty and considering a divorce there are factors for you to consider beyond those that younger persons would need to think about. What sort of ...
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Child Support Payments in Texas: How to Make them and Why June 11, 2017
When a parent is ordered, whether in a divorce or child custody case , to pay child support that parent’s natural inclination may be to want to pay the other parent the support directly. I recently ...
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An Explanation of the Grounds for Divorce in Texas June 10, 2017
When a person walks into the Law Office of Bryan Fagan, PLLC and seeks a consultation with one of our attorneys to discuss a divorce, the person will invariably get into the grievances that they have ...
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Visitation Tips for Recently Divorced Parents June 9, 2017
After the attorneys have been retained, money has been spent, time away from work and family has been expended and a final order has been signed by both parties and the judge, a divorce is complete. ...
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Confidentiality Laws in a Texas Divorce June 8, 2017
Most civil cases in Texas are open records, meaning that the filings made into the case by either party or the Court itself are viewable by the public. While this may seem invasive at first, the ...
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Do I have to bring Evidence to a Default Judgment Hearing in Texas? June 7, 2017
In addition to the concerns that most people have that are going through a divorce, or contemplating the steps of a divorce in Texas, are procedural steps that must be met in order for the divorce to ...
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Will a Texas Court enforce a Mediated Settlement Agreement when one party is a registered sex offender? June 6, 2017
For most people, whether they are going through a divorce or child custody case in Texas , a mediated settlement agreement is the golden ticket to finalizing their case. By choosing the work out an ...
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Do I need Temporary Orders in my Texas Divorce? June 5, 2017
When a person files for divorce it means that there will be fewer certainties for the family in a number of areas. For starters, if the married couple have children under the age of 18 their needs ...
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Child Custody Geographic Restrictions in Texas June 4, 2017
When parties enter into either a divorce, child custody proceeding or modification of a prior court order the Court which has jurisdiction over the case will weigh whether or not to place a geographic ...
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Family Pets in Texas Divorces June 3, 2017
Many people consider their pets to be a part of the family. Whether it’s our own childhood pet, the pet of a neighbor or longtime friend, the little fury, four legged creatures tend to be very ...
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Divorce and Special Needs Children in Texas Revisited June 2, 2017
Divorces are difficult on all members of the family no matter the circumstances. However, if a child has a disability of some sort this can lead to additional problems that need to be solved by the ...
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Child Custody Basics for Texas Parents Revisited June 1, 2017
When parents walk into the Law Office of Bryan Fagan, PLLC for a consultation with one of our family law attorneys , the subject will invariably turn to how they can maximize the amount of time that ...
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International travel with children after a Texas Divorce May 31, 2017
There are many issues in a divorce that are concerns for parents as soon as the paperwork is filed with a Court. Such as: How much time will I be able to get with my children? How much child support ...
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How are Student Loans divided in a Texas Divorce? May 30, 2017
A student loan is a type of debt- one that many folks have in the State of Texas. Debts as well as property are divided up in a divorce based upon whether they are community debts or separate debts of ...
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How Technology Can Impact a Divorce in Texas May 29, 2017
Divorce , when you get right down to it, can be a pretty routine process. If a couple has property of any sort- a house, a car, bank accounts- those items get divided up between the parties either by ...
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Relinquishment and Termination of Parental Rights in Texas May 28, 2017
Relinquishing one’s rights and duties as a parent in Texas can be easier said than done. One way that a parent can voluntarily relinquish their parental rights is to sign an affidavit of ...
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Child Support Enforcement Actions in Texas May 27, 2017
It is the public policy of the State of Texas that both parents of a child should play an active and involved role in their upbringing. While parents may get divorced or separate permanently, a Court ...
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How to Divorce Your Spouse in Texas When Their Whereabouts are Unknown May 26, 2017
Attempting to locate your spouse in order to divorce them wouldn’t at first thought seem to be that difficult but for some clients of the Law Office of Bryan Fagan, PLLC this is exactly what has had ...
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Prenuptial Agreements in Texas May 24, 2017
Agreements that marrying persons enter into before the marriage actually begins are enforceable by law under the Texas Family Code. The requirements of a prenuptial agreement must be met, but so long ...
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Custody and Visitation Rights of Grandparents in Texas May 23, 2017
The attorneys with the Law Office of Bryan Fagan, PLLC have represented grandparents in many cases and as we could tell you, the circumstances of each family were very different and represented just ...
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Essential Information for Military Divorces in Texas May 22, 2017
In order to finalize a divorce in Texas , certain procedures must be followed in order for the Court to grant the divorce. Military divorces are similar in many regards to civilian divorces there are ...
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Essential knowledge to have prior to Filing for Divorce in Texas May 21, 2017
If you are taking the time to read a blog post with the above title, it’s safe to say that you are either considering filing for divorce or you are holding divorce paperwork in your hands that has ...
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Why are Retirement Funds Important in a Texas Divorce? May 20, 2017
When parties enter into divorce proceedings in Texas it is not only the children , the house and their bank accounts that are issue- it’s also their retirement accounts. The Houston divorce attorneys ...
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Can my Texas Driver's License Be Suspended for Not paying Child Support? May 19, 2017
Chapter 232 of the Texas Family Code has the answer to the question of whether a person can have their Driver’s License suspended for failure to pay child support . In short, yes, your driver’s ...
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Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce? May 16, 2017
Family Courts in Texas have a reputation as being “pro-Mom” in that most people believe (rightly or wrongly) that if their divorce or child custody case proceeds to go in front of a judge, that judge ...
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How Does Summertime Visitation Work for Divorced Parents in Texas? May 15, 2017
Across southeast Texas, schools are getting closer to completing the Spring Semester and with that three months of vacation time is quickly for students. While just about all parents are concerned ...
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What is taken into account for Child Support Calculations in Texas May 14, 2017
One of the major concerns families have when going through a Texas divorce is how support will be paid to the custodial parent from the non-custodial parent. Custodial, for clarification’s sake, is ...
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What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited May 13, 2017
A Texas divorce case will typically lead both sides to assume the worst of their soon to be ex-partner. I wish there was another way to state this but the truth of the matter is that for most married ...
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The Effect of Divorcing a United States Citizen While a Non-U.S. Citizen May 12, 2017
When considering whether or not a person can file for divorced in Texas , there are two items which are required to do so. They are: The State of Texas mandates that at least one party to the divorce ...
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How long after the divorce does my ex-spouse have to remove items from my house? May 11, 2017
Your Texas divorce has been finalized, all the parties have signed the Final Decree of Divorce as well as the Judge. That decree awards you the marital home and certain pieces of property within it. ...
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Can I move to another city before filing for divorce? May 10, 2017
When spouses are going through difficult and trying times at home, it is often the instinct of at least one of the spouses to pack up their belongings and leave the marital residence. Whether it is to ...
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Free Wifi Internet Access Now at the Law Office Bryan Fagan May 9, 2017
Dear Valued Members of the Community. We are pleased to announce the introduction of free WiFi Internet access is available the Law Office of Bryan Fagan, PLLC for our clients and potential clients. ...
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Texas Divorce and Virtual Parenting or Electronic Access to Children May 6, 2017
Something that most people and the courts can agree upon is that it is important to spend time with your children. This sentiment can be found in Section 153.001 of the Texas Family Code which ...
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Texas Child Support Order Modification (Part 2) May 5, 2017
When a potential client walks through the door at the Law Office of Bryan Fagan wanting to change the terms of a Texas child support order their reasons are typically very straightforward. Typically, ...
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Texas Divorce and Airline Employee Child Custody Possession Order? May 4, 2017
Certain professions such being an airline employee have unique custody situations. As discussed in a previous blog regarding firefighters the readers of our blog will know that in Texas there is a ...
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Texas Divorce and Firefighter Child Custody Possession Order? April 28, 2017
Our office has had the privilege of representing several firefighters through family law matters include divorce and child custody cases . Certain professions such being a firefighter have unique ...
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The Dirty Trick of Embarrassing your Spouse During a Texas Divorce April 23, 2017
Today’s blog topic is inspired by some cases and consults I have had where a spouse has gone out of their way to try and embarrass their spouse. This is done for a variety of reasons: Anger To teach ...
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Military Support Without a Court Order During a Divorce in Texas April 15, 2017
In prior articles, we have discussed alimony , spousal support and child support . We have also discussed “spousal starving” when one spouse cuts off financial access to the other spouse. In today’s ...
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The Dirty Trick of Damaging, Destroying, or Selling Marital Assets in Texas April 5, 2017
This article is inspired by one of the questions I hear frequently regarding damaging, destroying, or selling marital assets . The question takes on some of the following variations: Can I sell X ...
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The Dirty Trick of Filing for Divorce in Another City April 3, 2017
Many of my potential clients are concerned with filing first in their Texas divorce case . Many of them have the impression that if they are not the first to file, they will be at a disadvantage in ...
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The Dirty Trick of Moving Out of State with the Kids March 31, 2017
I have seen spouses use the trick of moving out of the state with the children very effectively to the detriment of the other spouse during a Texas divorce . However, in some cases, this move can ...
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The Dirty Trick of Hiding Assets During Your Texas Divorce March 27, 2017
This blog article is inspired by several consults I had over the last two days where the topic of asset hiding came up in the context of a divorce . Asset hiding is one of the most popular dirty ...
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My Wife is Taking Half My Paycheck in Child Support. What can I do? March 22, 2017
It is not unusual for parents I meet with for consults to have questions regarding child support . Often, the parent paying thinks he is paying too much and the parent receiving feels they are not ...
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Can I Keep My Retirement in a Texas Divorce? March 17, 2017
One of the first homework assignments we give our clients who are going through a divorce in Houston, Texas , is to gather all the information you can regarding your retirement accounts such as: the ...
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Husband Not the Father, what do I do in a Texas Divorce? March 16, 2017
This year I have had several consults in which the wives I have met with have brought up how their husbands are not the father of one of their children. In many of these consults, the women were ...
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How to Get a Free or Nearly Free Divorce in Texas? March 15, 2017
I have previously mentioned how much a divorce costs , how to keep the costs of a divorce down, where to get the money to pay for a divorce, and even online divorce. However, I have never previously ...
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Can I get Child Support for my Adult Child in Texas? March 14, 2017
Recently I had a consult with a potential client who was inquiring about modifying a child support order . This is a very common occurrence over the course of a child’s life and something we see ...
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The Dirty Trick of Wasting Marital Assets or Going on a Spending Spree During Your Texas Divorce March 10, 2017
When a divorce is on the horizon, sometimes otherwise honest spouses start to act out of character. This can often take the form of going on a spending spree. This spending spree often leaves both ...
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The Dirty Trick of Using Delaying Tactics During Your Texas Divorce March 9, 2017
Two of the most frequently asked questions I get during my Houston divorce consults are: “How much is my divorce going to cost?” and “How long is my divorce going to take?” It is understandable that ...
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The Dirty Trick of Using Children as Weapons in Your Texas Divorce March 7, 2017
One of the saddest things I have observed during Texas divorce proceedings is when parents start to use their children as weapons. This can take several different forms: Withholding the children ...
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The Dirty Trick of Engaging in Spousal Starving During a Texas Divorce March 3, 2017
One of the most frequent questions I get asked is “can I get my spouse to pay for the divorce .” We have even written an article on that topic that I will include a link to at the bottom of this post. ...
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The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce March 2, 2017
Unfortunately, some spouses do not feel an obligation to support their children after a divorce . I have heard all kinds of excuses from “I shouldn’t have to pay because I have a car note” to “I ...
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The Dirty Trick of Conflicting Out Lawyers in Your Texas Divorce March 1, 2017
Fans of the “The Sopranos” or other legal TV shows may already be familiar with how conflicting out an attorney can take place. In one particular episode of The Sopranos a neighbor of Tony’s, who ...
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Know How Children's Issues are Handled When Preparing for Your Texas Divorce February 28, 2017
Children’s issues can be some of the most hard fought and contentious parts of a Texas divorce . It is not uncommon for parents going through a divorce not to care about anything but the children. It ...
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Know Your Finances, When Preparing for Your Texas Divorce February 25, 2017
We have observed that is common for there to be a division of labor in relationships in the Texas divorce cases we have handled. This means that there often a spouse in the marriage who has a more ...
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How Parental Incarceration Affects a Texas Child Support Case? February 24, 2017
Recently I had a consult with a man who was in my office who was having problems with a child support . His story was not that different from many who have come to see me. He had missed so many ...
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Be Careful or Computers and Social Media May Destroy Your Texas Divorce Case February 23, 2017
Social media, computers, and cell phones have become very prominent in Texas divorce cases . This is largely because they are a great source of evidence. It is not uncommon for potential divorce ...
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Know How Property and Debts are Divided, When Preparing for Your Texas Divorce February 22, 2017
Unless you and your spouse have resolved all issues in a divorce , your divorce will more than likely be considered " contested ". If your case is contested and goes to a court the Judge will make ...
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Know How to Determine Whether Alimony will be Owed and for How Long, When Preparing for Your Texas Divorce February 21, 2017
Unless you and your spouse have resolved all issues in a divorce, your divorce will more than likely be considered "contested". If your divorce case is contested and goes to a court the Judge may ...
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Know How to Calculate Child Support When Preparing for Your Texas Divorce February 20, 2017
Unless you and your spouse have resolved all issues in a divorce, your Texas divorce will more than likely be considered "contested". If your case is contested and goes to a court the Judge will be ...
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What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them? February 18, 2017
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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The relationship between Valentine's Day and Divorce February 16, 2017
New Year's Day causes people to make resolutions about losing weight. Tax Day causes people to tell themselves that next year they won't wait until the last minute to complete their taxes. Last minute ...
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My Fiancé wants me to sign a Texas Prenup. What should I do? February 14, 2017
My office gets inquiries from people seeking a prenup or asking for our advice on signing one. Generally, people fall into two categories on the subject either they feel they are absolutely necessary ...
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Is Adultery a Crime in Texas? February 13, 2017
It is fairly well known that adultery is grounds for divorce in Texas and can impact how a judge rules in a Texas divorce proceeding . The State's laws take adultery into account when it comes to the ...
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Why do I have to follow the rules in My Texas Divorce? February 12, 2017
One of the things that troubles my clients the most while going through Texas divorce process is that they feel that they are following the rules while their ex is ignoring the rules and getting away ...
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What Rights do I have as an Immigrant in a Texas Divorce? February 10, 2017
It is not uncommon for married couples to move. Sometimes the move means just changing neighborhoods in the same city, and is a short drive away. Sometimes a move is to a totally different state. That ...
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How Do I Change My Child's Last Name and Add My Name to the Birth Certificate in Texas? February 9, 2017
It is not uncommon for fathers who consult with me regarding obtaining their father’s rights to ask about changing their child’s last name and adding th Birth Certificateeir name to child’s birth ...
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15 Myths About Divorce in Texas February 8, 2017
When I meet with potential new clients many of them come to me with preconceived ideas on how property is divided in a Texas Divorce . There are many myths floating around on how property is divided ...
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5 Things to Do to Prepare your Texas Divorce Case for Mediation February 7, 2017
It is not uncommon for some of the people who consult with me regarding a divorce to ask why do we need to go to mediation ? Is mediation required to get a Texas divorce ? The answer is no mediation ...
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How a Parenting Class Can Help Me and My Ex-spouse Co-parent in Texas? February 6, 2017
In Texas, when parents get divorced their court may require them to take a co-parenting course prior to the finalization of their case. This is due in so small part because conflict between parents is ...
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How Can a Family Law Consultation Help Me in Texas? February 5, 2017
In his best selling book, "How to Win Friends and Influence People", author Dale Carnegie notes that every person that he had come into contact with in his life had talents that outweigh his own in ...
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When Your Child's Extended Family Wants Visitation in Texas February 4, 2017
Babies can be wonderful and often bring families closer together. Both my wife and I have family member that live close by. Having extend family can be wonderful they help provide a support system and ...
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How Can I Prove to a Texas Divorce Court I am Sober? February 1, 2017
As a Houston Divorce Lawyer I have been involved in several divorce cases where substance abuse was an issue in the case. This has taken the form of everything from illegal drugs to alcohol to ...
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Can I get a Jury Trial for My Texas Divorce? January 27, 2017
Can I get a jury trial for my Texas divorce ?” That question comes up frequently and it’s especially common when one party does not trust the assigned judge. One party might feel that a jury would be ...
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Texas Divorce in 7 Steps: The Initial Consultation January 26, 2017
This is where it all begins…the start of a new chapter in your new life. Very few people dream or plan for a divorce as they walk down the aisle to get married. Yet at one time the U.S. Department of ...
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Divorcing from an Abusive Spouse in Texas: What you Need to Know January 25, 2017
I have recently had several consults with woman who have been the victims of domestic violence . In one consult, she confessed her husband had tried to kill her. In another she and her children had ...
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When Should You Go to Divorce Court in Texas? January 24, 2017
Most of the clients I represent would prefer to settle their cases outside of court. However, sometimes my clients or their spouses are insistent on going to court and having a judge hear and decide ...
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Dos and Don'ts Regarding Electronic Communications in a Texas Divorce January 23, 2017
It never ceases to amaze me what people post or email each other during a divorce in Texas . I have had clients bring in pictures that they obtained from Facebook of the opposing party: using drugs ...
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Grandparents' Rights in Texas January 22, 2017
Unfortunately, difficulties often arise when raising children. Whether the circumstances were avoidable or unforeseeable from the perspective of the parents, sometimes other family members feel the ...
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How are Credit Cards Handled in a Texas Divorce? January 21, 2017
A major concern for many of our potential clients during their divorce is dividing up the debt . Unfortunately for many married couples this is because they are under water and have more debt than ...
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How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce? January 19, 2017
A major concern for just about every potential party to a Texas divorce case is the cost of hiring a Texas divorce lawyer . Attorney's fees are a major cost to consider when contemplating a divorce , ...
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How am I going to Pay for My Texas Divorce? January 18, 2017
I have written on the topic of finances and divorce previously in more than one blog article. These topics have ranged from how much can someone expect to pay for their divorce to how to try and ...
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Explaining the Contested Divorce Process in Texas January 17, 2017
No two divorces are exactly similar. In that way, they are like snowflakes. Unpleasant, frustrating and time consuming snowflakes. Make no mistake, divorces are difficult for both spouses and if there ...
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Until Death Do Us Part and the Texas Divorce? January 16, 2017
We have written about in previous blogs about the importance of having an estate plan in place during a Texas Divorce should something happen to you while you are going through a divorce. I was ...
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The Simplified Process for an Uncontested Divorce in Texas January 15, 2017
Television and movies paint a picture of all divorces being full of acrimony and strife. Husbands and wives battle it out to determine who gets the kids, the house and the pride of knowing they got ...
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Why do divorces cost so much in Texas? January 14, 2017
Maybe the most common complaint I hear from people in my life about attorneys is that they cost too much money to employ. I'm not breaking new ground in discussing this issue but since it's a common ...
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How to Tell Your Spouse You Want a Texas Divorce January 11, 2017
If You are ready to take the next step and move on with your life without your spouse, one of the challenges ahead is how to tell your spouse you want a divorce . Having “the I want a divorce ...
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I don't want to Stay Married but I am Afraid to get Divorced in Texas January 10, 2017
It is not uncommon for me to me with consults who inform me that their marriage is a mess, and they want to get out, but are afraid to get divorced. Sometimes they ask me if they should stay married? ...
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Non-Marital Conjugal Cohabitation Agreements for the Unmarried Couple in Texas January 9, 2017
Over the past 6 months, I have met with several potential clients who decided to make some major financial decisions with their boyfriend or girlfriend and unfortunately the relationship did not work ...
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Can I Get My Ex-wife's New Marriage Terminated or Voided? January 8, 2017
I am often looking for inspiration on topics to write about for or law firms blog. Recently, inspiration walked in the door in the form of a consult. The potential client who was inquiring about ...
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10 Most Popular Texas Divorce Blogs of 2016? January 7, 2017
Good divorce advice is like an umbrella when it rains. You need it when you need it. When you do not need it, you will hardly notice it. For this reasons you may have missed some of my most popular ...
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Married but dating another person during a Texas Divorce? January 6, 2017
You’ve moved out, gotten your own place, and you have started to think about moving on with your life. You have started to notice other people when you go out and think it would be nice to finally ...
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What can I do on my part to help my Texas divorce process go easier? January 5, 2017
The customer is always right. We all grew up going to stores, restaurants and other businesses where above the door or by the cash register a sign hung that read that very saying. In a competitive ...
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My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven't January 4, 2017
Recently I had a consult with a man who had going through a divorce in which his wife has accused him of committing adultery. During the consult, he informed me that yes during the marriage he did ...
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6 things You Need to Know Before You File for Divorce in Texas January 3, 2017
There are the six things you must do before you act on any thoughts you have about divorce . These steps are specific to Texas divorce but can be applied to divorce in many states. It’s important to ...
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Should I Hide Money from my Spouse to Get Ready for my Texas Divorce? January 2, 2017
Many of the people I meet with ask about how they can pay for a divorce and whether they can put money aside for a divorce fund? There are many reasons why you may why you might want to hide money ...
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7 Important Ways to Financially Prepare for Your Texas Divorce January 1, 2017
I am often asked by clients and potential clients about things that can be done to get ready for a divorce . I have written various articles on this topic before and I will put links to those articles ...
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5 Incredibly Useful Texas Divorce Statistics - Divorce Rates Decline December 30, 2016
A quote you often hear is the 50% of marriages end in divorce. According to U.S. National Center for Health Statistics the divorce rate in the United States peaked between the late 1970’s and early ...
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Can I get child support while my Texas divorce is pending? December 30, 2016
Often, once a divorce is initiated, a need for support arises for the custodial parent (the one with whom the child or children primarily reside). A common question that clients in this situation ask ...
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Texas Estate Planning, Divorce and Protecting Assets December 30, 2016
People are often reluctant to talk or think about the inevitable, and estate planning involves that very thing. The experience in our office is that, most of our clients, are glad once they put a plan ...
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49 Best Texas Divorce Advice Tips December 29, 2016
Recently I had a consult in which I was asked “If I were your sister, what divorce advice would you give me?” The question made me pause. I have given my share of divorce advice normally about the ...
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How do I Fire My Texas Divorce Lawyer? December 28, 2016
Making a decision to fire your divorce attorney , for whatever reason, is one that must be done according to court approved methods and protocols. The State Bar of Texas allows clients to fire their ...
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11 Things You Must Know About Texas Child Custody December 25, 2016
The Texas child custody process can be a confusing, emotional, and stressful maze to navigate. It does not help that the laws concerning child custody and divorce vary by state. This blog article is ...
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Texas Divorce Morality Clause: Be Careful What You Ask For December 24, 2016
Many clients I have represented in a divorce ask about obtaining a “morality clause,” either while their divorce is ongoing or for after their divorce is finalized. In this section, we will discuss ...
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12 Texas Custody & Conservatorship Battle Tips December 23, 2016
Before engaging in a custody or conservatorship battle you need to way the cost. A custody battle will very likely: Cause you and your child pain drain your bank account cost you time as it drags and ...
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I Want a Texas Divorce but My Husband Doesn't: What can I do? December 22, 2016
Recently I have had more than one client hire me who wanted a divorce but their husband did not. The conversations kind of went a little like this this: “Hi, Bryan. I want a divorce but my husband ...
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7 Tips for Divorcing After Age 50 in Texas December 21, 2016
Our office has handled and seen divorce from almost every age range. We have helped every from 18-90. It may seem surprising to see couples over the age of 50 going through a divorce especially when ...
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Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas? December 20, 2016
One of the recurring questions in many of my consults is whether child support is still paid if parents share joint custody . I have briefly touch on this topic and variations of this same question in ...
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7 Steps - When Your Spouse Wants a Divorce In Texas - But You don't!!! December 19, 2016
This year I have had more than one client hire me who did not want a divorce. The conversation went a little like this this: “Hi, Bryan. I am, here because, my husband wants a divorce . But, I do not ...
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Can I Sue My Ex for Retroactive or Back Child Support in Texas? December 19, 2016
Quite frequently when I meet with potential clients who are interested in establishing child support after breaking up with their Ex they are also interested in establishing retroactive child support. ...
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What to Do When CPS Asks for a Drug Test in Texas December 18, 2016
Quite frequently I get the call from potential clients when they have come under the radar of CPS after someone has placed an anonymous call to the Texas Department of Family and Protective Services . ...
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Can I Sue My Ex for Hacking My Computer in My Texas Divorce? December 17, 2016
It is not uncommon for a divorce client to come into my office with all kinds of printouts of emails or text messages between his or her spouse and their new lover. One of the big questions that goes ...
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The Holidays During Your Texas Divorce? December 16, 2016
As the old adage goes: you can pick your friends, but you can't pick your family. This is true to a great extent, however, any person who's going through a divorce can tell you that your spouse can ...
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Supervised Visitation in a Texas Divorce: Can it happen to me? December 15, 2016
The general position of the State of Texas, its courts and its legislature is that parents should be able to have fulfilling relationships with their children. This means being able to not only share ...
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What if My Ex Will Not Sign the Final Decree in My Texas Divorce? December 14, 2016
Sometimes forward thinking clients or consults will ask about problems that may arise in the future. One question I have been asked a few times is “what if my spouse will not sign the divorce decree.” ...
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Child Support and College Tuition in Texas December 13, 2016
In the United States, a parent is obligated to support his or her children, regardless of whether parents are married to each other or not. In Texas, we have guidelines regarding what amount to set ...
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Fathers' Rights: Children Born Out of Wedlock in Texas? December 12, 2016
It is a weekly if not a daily occurrence that fathers reach out to us to find out what their rights are in Texas in regards to their children. In the state of Texas, family law protects a father’s ...
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What am I or My Spouse Entitled to During a Texas Divorce? December 12, 2016
Any person who is entering into the divorce process has questions regarding their rights and how they can best be enforced. The attorneys with the Law Office of Bryan Fagan, PLLC are experienced in ...
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Who gets to keep the kids while the divorce is pending in Texas? December 10, 2016
When going through a divorce when children are involved, the biggest questions are almost always about the kids. The kids’ best interests are the focus of the court in every case, and should remain a ...
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Can I Sue My Spouse for Mental Abuse in My Texas Divorce? December 9, 2016
Infidelity in a marital relationship is one of the most fatal wrongs that one spouse can commit against the other. It is a betrayal of not only the trust between the two partners but of the bonds that ...
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Roadmap of Basic Divorce Procedure in Texas December 8, 2016
The divorce process in Texas , can be rather daunting, particularly when there are children involved. Before your divorce case is filed, you need to know that there are two bodies of law involved in ...
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Divorcing After Age 50 in Texas: What it Can Mean for You and Your Spouse December 7, 2016
Known as " gray divorces ," marital dissolution of couples over the age of fifty are on the rise in our country. While a divorce is an especially stressful and emotion laden time for any couple, it ...
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Am I Married? - Marital Status in Texas December 6, 2016
"Am I married?" Seems like a simple question, right? Sometimes however the answer to this question is not always easy. Recently wrote an article "Common Law Marriage and Texas Divorce Guide." In that ...
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Frequently Asked Questions in Texas Divorce Cases December 6, 2016
The Texas divorce process can be a confusing, emotional, and stressful maze to navigate. It does not help that for many people they do not know what to expect and there is a lot of false information ...
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Will My Spouse Get Part of My Retirement in Our Texas Divorce? December 5, 2016
One of the things my client or potential clients are often concerned about during their Texas divorce is their retirement accounts. They want to know if they are going to be able to keep their ...
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Texas Child Support Appeals December 4, 2016
It is not uncommon for potential clients to come to our office shortly after having and being dissatisfied with hearing in child support court. They want to know if there is anything that can be done. ...
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6 Mistakes that can Destroy Your Texas Divorce Case December 3, 2016
You started your search for a divorce attorney but found that most attorney advertising doesn’t give you any useful information at all about how to find the right lawyer for your case. I wrote this ...
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Can I get sole custody of my kid in Texas? December 2, 2016
A very common question that clients ask when beginning the process of a divorce or a child custody suit is: “Can I receive sole custody of my child?” However, this can be a difficult question to ...
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Can I sue my spouse's mistress in Texas? December 1, 2016
It is a sad but frequent occurrence for clients of the Law Office of Bryan Fagan, PLLC that they have become aware that their spouse is having an affair. For most people this is the highest form of ...
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Child Custody Basics in Texas November 30, 2016
I often have potential clients that come into my office wanting “custody.” Custody is a term that means different things to different people. In my experience, child custody matters can be one of the ...
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When Can a Minor Child Weigh in on Custody Decisions in Texas? November 29, 2016
I often have a parent ask me if, “If their 12-year-old child can decide which parent they live with?” This is one of the biggest myths in Texas child custody law . In some states, the minor child may ...
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Dividing Property in a Texas Divorce - The Just and Right Division November 28, 2016
Before a couple can get a divorce in Texas , one thing that must be resolved is the division of their property and debts . There are multiple steps that must occur during such a division including: ...
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Harris County, Texas Family Law Court - 308TH Judicial District Local Rules November 27, 2016
As a Houston, Texas divorce and family law attorney I have had the opportunity to help service members through divorce and family law cases. In order to do this, it is important to not only be aware ...
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Harris County, Texas Family Law Court - 257TH Judicial District Local Rules November 26, 2016
As a Houston, Texas divorce and family law attorney I have had the opportunity to help service members through divorce and family law cases. In order to do this, it is important to not only be aware ...
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Texas Divorce and the Right of First Refusal November 25, 2016
Potential divorcing parents that come to see me often ask about get a “right of first refusal.” It often seems like a good idea to them. It has been my experience that in practice for many of clients ...
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Rule 11 Agreements in a Texas Divorce November 24, 2016
Rule 11 agreements are often used in family law and cases . I have had clients and potential clients ask me about what a Rule 11 agreement is and what they are used for. Many lawyers use Rule 11 ...
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What does a Default Judgment Mean in a Texas Divorce? November 23, 2016
Many times the reason people end up in my office is because they are concerned because their spouse has sued them for divorce , and the paperwork is talking about a default judgment. They ask what is ...
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What does Insupportability or No-Fault in a Texas Divorce Mean? November 22, 2016
Potential clients who come to see us who have been served with divorce paperwork often ask us “what is “insupportabilty?” Insupportability Under the Texas Family Code The Texas Family Code section ...
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Grandparent Visitation Rights in Texas? November 21, 2016
An attorney in our office recently settled a case where two grandparents were seeking court approved and mandated visitation with their two grandchildren. The circumstances for these folks were tragic ...
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Should I tell my spouse to move out of the home during a divorce? November 20, 2016
Last week a prospective client walked into our office and asked for some advice regarding the divorce process . She had made up her mind that it was time to file for divorce against her husband but ...
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Why is Separate Property Important and How to Keep it Separate in a Texas Divorce? November 18, 2016
Property and Debts The issue of how to divided property and debts is one of the main issues that must be resolved in any Texas divorce proceeding. Marriage creates three independent property estates: ...
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When is, Cheating Considered Adultery in a Texas Divorce? November 17, 2016
What is adultery in Texas? Under Texas Family Code section 6.003 adultery is a legal term in Texas that means the voluntary sexual intercourse of a married person with one not the spouse. Burden of ...
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Emancipation of a Minor Child in Texas November 16, 2016
When I was a teenager, I was barely able to boil water and couldn't do laundry. However, there are circumstances where teenagers are able to live separately from their parents. Starting at the age of ...
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Voluntarily Relinquishing Your Parental Rights in Texas November 15, 2016
I periodically consult with a potential client who ask about terminating their own parental rights. Why would a parent want to relinquish their parental rights? In this case as in it came come down to ...
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The Divorce Temporary Orders Guide November 14, 2016
What occurs between filing and finalizing a divorce case in Texas? One of the biggest concerns spouses have after filing for divorce is, “What happens now?” It is vital for you to fully understand all ...
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Common Law Marriage and Texas Divorce Guide November 13, 2016
In Texas, many people are aware that Texas recognizes common-law marriage . However, not everyone that I meet with is aware of what it takes to meet the Texas statutory requirements of being common ...
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How Much Will My Texas Divorce Cost? November 12, 2016
One of the most popular if not the most popular questions asked in my consults is “how much is my divorce going to cost me?” I have thought about writing a blog article on this topic for a long time ...
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How to pick a mediator: Introducing Our Guest Blogger - Fran Brochstein November 11, 2016
It’s our delight to introduce a guest blogger, Fran Brochstein of Fran Brochstein, LLC. Fran Brochstein has been license as an attorney in the State of Texas for over 20 years. Fran Brochstein has ...
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15 Quick Tips Regarding Filing for Divorce in Texas November 10, 2016
The next step after hiring a divorce lawyer, is to initiate a divorce in Texas by filing for divorce . A Texas divorce filings often includes the following two documents: An Original Petition for ...
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9 Questions to Ask Yourself and the Divorce Lawyer Before You Hire Them November 9, 2016
Choosing an attorney to represent you in your family law matter may be one of the most important decisions you’ll ever make. It is important to be selective when you are choosing a divorce attorney. ...
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A Short Evolution of Divorce Things are Getting Better November 8, 2016
In 1986 a Mom and Dad were taking the final steps in their divorce. A small business owner and a stay-at-home mom were finishing a years-long battle over the kids, the business, and their assets . Mom ...
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How Long Will My Texas Divorce Take? November 7, 2016
One of the most frequently asked questions in my divorce consults is “How soon can I be divorced ?” Generally, what I tell people is that is the answer depends on them and their soon to be Ex. The ...
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Texas Divorce Details November 6, 2016
In Texas in its simplest form a divorce terminates a marriage giving a married couple the legal right to marry another person. What many people do not know is that a divorce is a lawsuit that does ...
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Texas Divorce Basics November 5, 2016
Before making a decision on proceeding with a Texas divorce, it is a good idea to take time to understand the basic process and the key issues that must be addressed. For most people, divorce is new ...
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9 Benefits to Mediating your Texas Divorce Case November 4, 2016
One of the things I like about my job is that is never boring. Every case and client I represent is different and unique. Often one of set of facts or situation may be similar to another set of facts ...
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In Texas are Child Support and Visitation Connected? November 3, 2016
It is natural to believe that child support and the visitation with the children are intimately connected. Often the support and a parent’s visitation with the children will be decided during the same ...
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8 Tips for Reducing the Cost of a Divorce in Texas November 2, 2016
You have probably heard that divorce can be a very expensive process. This is made all the more frustrating because, at the time of divorce, you may be in the most difficult financial position you ...
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Do I Need a Lawyer in Texas to Get a Divorce? November 1, 2016
Many people believe that a divorce in Texas should be easy and that it is just status change ending the marriage and that it does not directly impact other issues. However, that is not the case a ...
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Can I Get 50/50 Time with My Children? October 31, 2016
One of the things that comes up in many of my consults is a parent who tells me that they want to get 50/50 time with their children. I have briefly touch on this topic in a previous blog article, “ ...
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Why You Should Have a Will October 30, 2016
Why You Should Have a Will Your will directs how, and to whom, your estate will be distributed upon your death. If you die without a will (“intestate”), your assets are distributed according to Texas ...
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The Cheap and Easy, Online Divorce Is Usually Anything But... October 29, 2016
The internet is a great source for referencing information, learning a new recipe and updating your friends on the latest and greatest coffee shop in town. However- it's been the experience of the ...
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Why Ignoring Child Support Obligations is a Bad Idea in Texas October 28, 2016
Many of my consults revolve around child support. Sometimes people are coming to see me because they are unable to pay child support . Other times it is because things had been going well both parents ...
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I am not the biological father but I want to be - Paternity by Estoppel? October 27, 2016
In the past 12 months, my office has represented three different Husbands each going through their own Texas divorce who all had cases in which their wife has had a child with another man. The facts ...
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Can I get child support and custody of my kids in Texas if we were never married? October 26, 2016
I met with a mother recently that who had questions about custody and child support for her children. One of her concerns was whether the fact that she and the father were never married and if that ...
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Suit Affecting Parent Child Relationship: Who Needs One and Why? October 25, 2016
When two people who have not been married have a child, the lawsuit that is filed in court to determine custody, duties, rights and visitation (among other things) for a child is called a Suit ...
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Can I buy a House During My Texas Divorce? October 24, 2016
In a previous blog article, “His, Hers and Ours - Texas Divorce” we discussed the difference between community property and separate property . At its core it is a fairly easy concept to understand. ...
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Pet Custody and other Considerations in a Texas Divorce? October 23, 2016
Many people have heard that divorce is hard and expensive. However, not many people think about pets in a divorce. As a Houston Divorce Lawyer , I will discuss applicable law and important ...
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Does it Matter who Files First in a Texas Divorce? October 22, 2016
Many of my potential clients are concerned with filing first in their divorce case. Many of them have the impression that if they are not the first to file they will be at a disadvantage in their ...
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What is a DWOP or Dismissal for Want of Prosecution in My Divorce or Family Law Case in Texas? October 21, 2016
Today I had a consult with a potential client whose case had been "dismissed for want of prosecution" and they wanted to know what they could do about it. As a Houston Divorce Lawyer , I have noticed ...
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Terminating Parental Rights in Texas on the Absent Parent October 20, 2016
Today I met with a potential client asking for advice on whether they could terminate parental rights of their child's other parent. In this case the parent had been absent for several years and had ...
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13 Things to Think About After Your Texas Divorce is Final October 18, 2016
I have found as a Houston, Texas Divorce Lawyer after I am able to help my clients get a divorce often times they still have questions. What I like to do for them is send them a closing letter. This ...
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Getting the Deed to Your House After a Texas Divorce October 17, 2016
As a Houston Divorce Lawyer on more than one occasion, I have had my clients think that once the Final Decree of Divorce is signed there is nothing left to do. In some cases, that may be the case. In ...
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How Do I Get my name or my soon to be Ex-Spouse's Name off of the Mortgage in a Texas Divorce? October 16, 2016
Financial concerns are only natural during the Texas divorce process . Recently during one of my consults, a potential client brought up that he was very concerned about getting his soon to be ex-wife ...
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Harris County, Texas Family Law Court - 247TH Judicial District Local Rules October 15, 2016
As a Houston, Texas divorce and family law attorney I have had the opportunity to help service members through divorce and family law cases. In order to do this, it is important to not only be aware ...
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Texas Divorce and Family Law Cases and Parenting Classes October 14, 2016
The purpose of this blog article is to answer common questions regarding parenting classes in their family law or divorce case involving children. Can a Texas Court order me to Take a Parenting Class? ...
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Getting Ready for a Hearing On Temporary Custody Orders October 13, 2016
Often times it feels that the T emporary orders hearing comes very quickly. There have been times when representing the Petitioner there has only been 14 days’ notice or when representing the ...
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Should I sign a Texas Premarital or Prenuptial Agreement? October 12, 2016
This week I have written blogs on attacking the enforceability of prenuptial Agreements and on postnuptial agreements . As promised in those blogs I am going to discuss whether or not a non-moneyed ...
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Making Postnuptial Agreements Stick in a Texas Divorce October 11, 2016
In an earlier blog post I discussed attacking the enforceability of a Prenuptial Agreement . In this blog article I will discuss Postnuptial Agreements and whether the formalities for a postnuptial ...
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Attacking the Enforceability of a Premarital Agreement in a Texas Divorce October 10, 2016
As a Houston, Texas Divorce Lawyer I from time to time get questions regarding Premarital or Postnuptial agreements. At the beginning of the year I had several people ask me about whether or not they ...
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16 Steps to help you Plan and Prepare for your Texas Divorce October 9, 2016
I have written other articles regarding things that can be done and should be considered when preparing for a divorce in Texas . However, this questions comes up a lot in my consultations so I thought ...
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Who Gets Custody of the ITunes Account in a Texas Divorce? October 8, 2016
As a Spring, Texas divorce lawyer I have seen many couples fight over lots of different types of property . One of my biggest head shakers was when a couple was fighting over potted plants. Another ...
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Dower Contracts and a Texas Divorce October 7, 2016
Some cultures and religions continue to honor the ancient tradition of the dower, and this can become an issue in dividing assets in a Texas divorce . The Law Office of Bryan Fagan, PLLC has ...
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Texas Child Support – Trust and Annuities October 6, 2016
In some cases, the parent who is ordered to make child support payments may be concerned that the other parent will not spend all of the money on the children. A trust or annuity may be a good option ...
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Mom Versus Dad Who Gets the rights? - Custodial Rights Vs. Non-Custodial Rights in Texas October 5, 2016
Who gets the rights to the child? In a typical Texas Divorce , the parents of a child will either agree to dividing up the rights and duties each party has or a Court will order a division for them. ...
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Texas Family Law and Divorce Strategies For Beginners October 4, 2016
Divorce is a difficult, stressful, and life-changing experience. You need a legal team that can help you wade through the complexities of resolving your f amily law case . The attorneys at The Law ...
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What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division October 3, 2016
Texas courts must divide the community estate in a manner that results in a just and right division. Community property includes all property that was obtained throughout th