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Based on my experience as a family law attorney in southeast Texas, I can tell you that most clients have not one, but many, misconceptions or misunderstandings associated with divorce . Many of those misconceptions are in relation to what will ...

Should I move out of the marital home during a divorce ? There is no one right answer that fits every case and the answer will depend on your individual circumstances. Things to consider when making a decision include: Has there been domestic ...

Once you have hired a licensed real estate appraiser, real estate agent or done a comparable home search on the county appraisal website to determine a likely value for your home, you have done most of the work that is related to value your house for ...

Divorcing couples often have to make a host of difficult decisions before they can move on with their lives and face a new emotional and financial reality. At the top of the priority list is thinking about the kids, followed by figuring out what to ...

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 married when the house was purchased the your ...

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 concern regarding whether it was a good idea or not to ...

It goes without saying that selling a house is the easiest way to get the equity that you own out of the home in order to divide between yourself and your spouse. However, in the event that you or your spouse remain in the home after the divorce, ...

One of the most intense and emotional aspects of family law are those cases that deal with Child Protective Services ( CPS ) removing a child from a parent’s home. If you find yourself in a position like this where you believe that the agency may ...

When can CPS remove your child from your home in Texas and what can you do about it? The most sickening and nerve-wracking experience in connection with a CPS investigation is the concern that you likely share with any other parent who has been ...

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 judge to decide will be the intent of your ...

The decision as to whether or not to move out of your marital home after your spouse has filed for divorce from you is one of the most important decisions you will make in your divorce . Issues related to property and custody of your children will be ...

If you are anything like most of your neighbors, the home that you are currently living in is your largest financial asset. When you made the decision to purchase your own you took on the most significant ownership interest in any one thing that you ...

It can be a helpless feeling if your child is in someone else’s care and is harmed in some way. When it occurs in conjunction with a Child Protective Services (CPS) investigation it can be especially frustrating. For one, you already feel that you ...

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 divorce case, I highly suggest going back and ...

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 turned upside down for as long as the divorce ...

For most adults, it may be difficult to conceive of two more difficult, time consuming and headache-inducing situations than divorcing your spouse and selling your home . While both processes are different in most ways, the aforementioned aspects of ...

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 money away paying rent, say others. Why pay someone ...

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 investigator can show up at any time on your doorstep to ...

This article addresses questions concerning the marital home and whether it is necessary to move out during a divorce . Do I have to move out because my spouse told me to? No, you do not have to leave the home if your name is on the lease or ...

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 life as you know it is about to change ...

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 your spouse. Bank accounts, retirement funds, ...

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 adult life with an individual as a life-partner, as ...

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 than any other for your family but it is most likely ...

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 back and read those posts because they will be ...

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 interviews being conducted and evaluations of all sorts ...

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 specific circumstances of your case. While it can be ...

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 was unsure how to go about it. Her main concern had ...

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 previously. The successful integration of your ...

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 priority. CPS probably had you attend a multitude of ...

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 would be a good idea to have him or her homeschooled ...

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. Splitting up other assets and debts can be relatively easy ...

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 your home. Finally, the post will conclude by going ...

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 inside and outside of it. Another powerful ...

You probably have a fair amount of questions in regard to any investigation that Child Protective Services (CPS) begins in relation to your family. If this is your first time going through the process and have no clue about what to expect you may be ...

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 remain in the home after the divorce but in the ...