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Recent Blog Posts
Do Unmarried Couples Have Child Custody Rights?
In the Lone Star State, many couples decide to build a life together and raise children without tying the knot. However, just like married couples, unmarried partners may face the challenges of a breakup. When children are involved, determining legal child custody becomes crucial. Without a clear plan, one parent might decide to up and move, leaving the other parent with limited legal rights to contest the move or participate in important decisions in their child's life. If this is your case, you should contact a Texas child custody attorney.
What Are the Legal Steps For Unmarried Parents?
For couples who never walked down the aisle, Texas law steps in to ensure the best interests of the child are safeguarded. When it comes to child custody, unmarried parents have the opportunity to create a parenting plan or seek a court order to establish legal rights and responsibilities. This plan outlines crucial details such as where the child will live, visitation schedules, and decision-making authority.
What Are The Tax Benefits of Waiting to Divorce Until the New Year?
Tax responsibilities are significantly impacted by one's marital status, and delaying a divorce until the beginning of a new year can provide relief from associated tax challenges. In most cases, even if a couple remains married for just a day in a given year, they still have the option to file taxes jointly as a married couple. Divorce is emotional, and it can be stressful, especially during the holidays. At Powers and Kerr, PLLC, a high-asset Texas divorce attorney can help you understand the tax implications so that you can make an informed decision.
What If I Am In The Middle of The Divorce?
If the divorce is not final yet, you may be able to file a joint tax return even if you and your spouse no longer live together. This could be helpful because it allows you to qualify for a bigger standard deduction when you put both your incomes together on one tax return.
How Do I Protect My Rights in a Military Divorce?
Military couples face higher divorce rates compared to other professions, potentially due to the unique stresses of a military career. If you are facing a divorce while serving in the armed forces, especially if deployed, seeking guidance from a military divorce attorney is crucial. Finances in divorce can be complex, and military benefits add an extra layer of complication. You need a skilled Austin, Texas divorce attorney on your side.
What Are Some Legal Protections?
In a Texas military divorce, specific requirements and protections come into play under state and federal laws. To file for divorce in Texas, at least one spouse must have lived in the state for a minimum of six months, with residency in the filing county for at least three months. Additionally, two federal acts provide crucial protections:
Do I Have to Share Accident Injury Compensation in My Divorce?
If you have suffered a serious injury due to an accident, the compensation from a personal injury claim is crucial for covering medical bills, lost income, and the emotional toll of your experience. But, facing a divorce while still dealing with the aftermath of an injury can be particularly tough. It is understandable to be worried about losing a significant portion of your compensation to your spouse during asset division. You should seek the guidance of a Texas lawyer who can help navigate the complex property litigation of your divorce case and safeguard your financial well-being.
Is Injury Compensation Considered Community Property in Texas?
If you are getting a divorce in Texas, marital assets are divided and are usually assets acquired during the marriage, while separate property was obtained before the marriage. So, if you sustained an injury and settled your claim before getting married, you are typically entitled to keep the entire compensation you received.
How Can My Spouse’ Substance Abuse Impact My Child Custody Case?
When parents are in a bitter divorce or custody battle, crafting a parenting plan that meets their child's needs becomes more complex. It gets even tougher when one parent accuses the other of substance abuse. When one parent questions the other's fitness, finding a mutual solution can be challenging. Our legal team excels in handling such complex child custody cases, advocating for our clients before mediators, arbitrators, or judges. You need a skilled Texas attorney who can deal with such intricate cases.
Can a DUI Charge Affect Child Custody in Texas?
As a parent, your child's safety is your top priority. Every year, tragic accidents occur in Texas due to drunk driving, which raises serious concerns about the safety and well-being of a child if a parent is facing DUI charges. If you are going through a child custody battle or a divorce and discover that your soon-to-be ex-spouse is arrested for DUI, this could impact custody, even if your child was not in the car at the time of the DUI arrest.
Can I Get Custody of My Grandchildren?
Many loving grandparents jump at the opportunity to care for their grandkids especially if they learn that their little ones are growing up in an environment that is not safe or in their best interest. In cases where parents do not let grandparents spend time with their grandkids, some may decide to battle this out in court. However, situations where a grandparent can file for child custody are fairly specific. If you are caught in a family feud like this, whether you are a grandparent or a parent, an Austin lawyer can be your guide to understanding your rights.
When Can Grandparents File for Child Custody?
Under Texas law, there are rules as to who can kick off a legal showdown affecting the parent-child relationship. Grandparents usually get a shot at filing a custody case only when both of the child's parents have checked out. Sometimes, even if one or both parents are still in the picture, a grandparent might just squeeze through the legal door. For example, if a grandparent can prove that the child’s current living situation is unhealthy for their physical, mental, or emotional well-being, they may have a fighting chance. Other situations include the following:
When Property Division Is a Sticking Point During Divorce
If you are in the middle of a Texas divorce, legal issues related to real estate can make for a tricky situation that can lead to complex property litigation. Perhaps you and your soon-to-be ex are currently in disagreement, and you are thinking about taking legal steps. At Powers and Kerr, PLLC we have been dealing with these types of situations for a long time. A Texas complex property litigation attorney can try to make sure you get a fair share of what you own.
What Is Considered Complex Property Litigation?
Complex property litigation involves multiple parties, unusual challenges, and one in which the stakes are high which can turn into a fiery courtroom battle during a divorce. When a couple cannot agree on how to fairly divide their valuable assets, such as real estate, investments, businesses, retirement accounts, or even unusual items, it often leads to a legal showdown in court. This process can be lengthy and costly, making it essential to have an experienced divorce attorney by your side. A lawyer specializing in navigating the intricate legal landscape of property division can ensure that you receive your rightful share. Whether you are dealing with intricate financial matters or unique assets, having a skilled Texas complex property litigation divorce attorney can make all the difference in achieving a fair outcome in your divorce.
When is a Divorce a Contested Divorce?
Divorce is difficult enough, but when couples do not see eye to eye, it becomes a contested divorce. Sometimes a history of abuse can make it difficult to have a straightforward divorce. Perhaps the couple does not agree on all the important aspects of the divorce, such as who gets custody of the children or how property should be divided. In these cases, each spouse should get their own Texas contested divorce attorney to represent their interests.
What is the Process in a Contested Divorce?
If you are facing a contested divorce in Texas, you need an attorney who can stand up for your rights in a contested courtroom process while also offering unwavering and caring support throughout the ordeal. Here are some things to keep in mind as you seek the help of legal counsel:
Can My Spouse Get Away with Hiding Assets During a Divorce?
Some spouses will undoubtedly try to sneak away with more than their fair share, especially in high-asset divorces. If you are trying to unmask him or her, exposing your suspicions can make for a more contentious divorce. In these complex situations, untangling and fairly dividing marital property becomes quite the challenge. To safeguard your rights and financial interests, it is crucial to put emotions aside and tackle this task head-on. You need a skilled Texas high-asset divorce attorney.
How Can I Protect My Assets?
Under Texas law, the court will order that the estate be divided in a just and right manner, keeping in mind the rights of each party and any children. The entirety of your assets is a testament to your hard-earned efforts, and you rightfully deserve what is yours. Unfortunately, there are instances where spouses go to great lengths to retain everything for themselves.
What Can I Do if My Ex Says I Am Not the Baby's Father?
Establishing who a child's real father is, can be an emotional and sometimes complicated puzzle. When multiple men come forward saying they are the baby's father, it is important for everyone involved to understand how these cases can be sorted out to ensure that the right man is legally recognized as the child's father. You need a skilled paternity Texas attorney to guide you through this complex and highly sensitive legal matter.
How Is Paternity Determined?
Under Texas law, a man automatically becomes the father of a child if he is married to the child's mother when the baby is born or if the marriage ends within 300 days before childbirth. That is because the baby may have been conceived as a result of an infidelity. Or perhaps, the child's mother divorces a man and then ties the knot with another person within that 300-day timeframe. In both scenarios, the men could presume paternity.
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