Family Law

Family law encompasses a wide array of issues including divorce, property disputes, care and control of children, adoption, etc. Obviously the most common area of contact individuals have with family law is through a divorce or child custody disputes. While so called 'do-it-yourself' divorce kits are rising in popularity, the path through divorce with any assets like real estate, pension plans, life insurance, annuities, joint stock ownership or children is very hazardous and requires an expert in the law to ensure a proper resolution. Without proper, professional representation, it is virtually impossible to be certain that everything that should be considered in the divorce, has been brought before the court.

As more and more couples are opting for cohabitation over formal marriage, the mere existence of a marriage can be in dispute when there is no formal marriage certificate ceremony. Texas recognizes common law marriage with very few requirements. A common law marriage is created when a man and a woman (Texas does not recognize same sex marriage) agree to be married, represent themselves as married to a third person and live together.

In Texas, all property purchased during marriage is presumed to be community property. This is an important key to remember because a marriage does not end at the filing for divorce. A marriage is not over until a judge decrees the marriage. Property includes real estate, personal property, and the income of both spouses. Texas is the only state where the concept of community property is guaranteed by it constitution. Texas now allows spouses to modify their property arrangement by written agreement. The agreement can be struck before or during marriage, but requires very specific disclosures and steps to be followed to be enforceable. The changes in Texas law have increased the number of couples, particular in subsequent marriages, who seek an attorney for "marriage planning" to ensure that children of a previous marriage and the assets they bring into a marriage are protected in the worst of events.

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