#how long does it take to get a divorce in Texas if both parties agree

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Watch This Video, How long does it take to get divorced in Texas? Well, it will take a minimum of 60 days to get a divorce in the state of Texas. This is because, in Texas, there is a "cooling off period" that has to last at least 60 days in order for you to get divorced. This is the minimum, as it may take longer depending on your specific circumstances.

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Armando Dawdy

Brenner's on the Bayou's Wine Director

On November 16, 1962, in Houston, Texas, Armando Dawdy was born. As of June 6, 2002, Armando has been married to Francesca Avondale Dawdy. Liam and Connor, their two children, were born to them. In 1986, Armando graduated from the University of Houston.

Armando has been Brenner's on the Bayou's Wine Director since August 2009. At the Ritz-Carlton, he was a Bar and Grill Manager and a Wine Director at Tony's Restaurant.

Where did you get the idea for your profession?

It started while I was working at the Ritz-Carlton in Houston and, the sommelier was transferring to the Ritz-Carlton in New York. There was an opening, and I had enough energy for wine. In this manner, they sent me on a fourteen-day compacted lesson in those days. After that, I needed to be involved.

What does a typical day look like for you, and how would you make it worthwhile?

When I'm at work, I usually request the wines I'll need for forthcoming events, parties, or weddings and then have someone supply the line. I walk by and make specific that all of the wine is adequately stocking.

My next step is to hold informal meetings with the employees to understand what is going on with the wine that day. It is beneficial since servers are much more knowledgeable about wine and how to sell it.

How would you revitalize your mind?

Whenever possible, I try to pair a wine with one of our daily specials at the café, and I try to perform little wine tastings with my employees to learn more about the wine. It doesn't matter whether it's dry or sweet, red or white they know how it tastes.

What's one pattern that gets you going?

As a result, the current trend that excites me is that we prefer to sell champagne. Whether it's a birthday or a company closing, it's always fun to introduce someone to champagne.

As a business visionary, what is one of your tendencies that makes you more valuable?

I need 15 to 20 minutes a day to read about wines, wine trends, and what's next in the wine business.

What advice would you give to your younger self?

To be patient and recognize that you cannot learn everything all at once. It's not a variable-based math problem. It's not difficult, but it takes a long time to complete.

Show us something genuine that almost no one agrees with you on.

Everything goes well with champagne. It is possible to enjoy rosé champagne while eating steak. Champagne Blanc de Blanc can be paired with any seafood. Champagne, in my opinion, works well with everything. A few groups feel it is a threat. Red wine goes well with meat, and white wine goes well with fish.

What is the one thing you do as a business person that you recommend everyone else do?

I'm always trying new wines. It's rare, but if I've been drinking a bottle of wine for two or three days, I'd want to taste a smidgen to make sure it's still worth serving my customer, to make sure it's not over the hill. One of my clients could never receive a poor glass of wine or a terrible container.

In what way has technology helped you grow your business?

Wine by the glass menu allows customers to sample a broad selection of wines without purchase a jug.

What was your worst letdown as a business visionary, and how did you overcome it?

We had had a chiller at another restaurant that didn't maintain the wines at the proper temperature. They were constantly hot, and it's just a matter of time until we figure out why the wines weren't lasting as long. They weren't coming out tasting the way we wanted them to. As a result, we finally made a few adjustments and tweaks to the cooling framework, allowing us to maintain the wines at a proper temperature and serve them the way we would have liked.

Are you prepared to share a business idea with our readers?

What about always being open to trying different types of wines? How about Greece or Argentina as examples of expanding economic sectors where high-quality wines are produced? What I'm saying is that you should provide them. It would be beneficial if you tried everything.

In the last year, what was the best $100 you spent? Is there a reason?

My wine has been kept for a long time in a Coravin container, and it's been a great investment.

What is one piece of programming or web administration that you utilize to help you be more beneficial?

We don't do any programming in the wine industry; instead, we use simple online tools like Google Drive to share data among my team. I'm guessing Gmail can do the same. I utilize it to communicate with consumers and plan future events.

What is the one book you think everyone in our community should read, and why?

Countless volumes have been written about every aspect of the wine industry. The Wine Folly by Madeline Puckette is one that I would recommend. You can find anything you need to know or have questions about on its pages.

What is your most important statement?

Winston Churchill remarked in a statement, "I drink a jug of champagne every day, except when I'm unwell. Those are the days when I'm blessed".

When and where did you buy your first home?

This event took place in the Heights neighborhood of Houston, Texas. It happened in 2001. In what kind of atmosphere were you living before you bought your first home? Where are you going/who are you going with/what are you going to do? I was living in a condo and needed to add some value to the property. I was living alone at the time.

What prompted you to purchase your first home?

I was tired of paying rent. I needed to add some worth to my life and have something I could call my own.

How would you go about putting the money together to get it?

In all honesty, I worked a later job and also sold a variety of wines.

Would you say you bought it for speculation or as a place to start a family?

Yes, it was both. Soon after, we divorced and stopped being a family.

Please share your memories of your time there.

That's not true. I sold it for a fair profit, which allowed me to place a vast deposit on our new property.

Do you have any advice for first-time property buyers?

Remember to be patient and find the right house. There's a good chance we looked at 30 or 40 places before found the one I wanted.

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Key tips to find the best divorce lawyer in Houston

Original Source: https://ethoslawgroup.blogspot.com/2021/03/key-tips-to-find-best-divorce-lawyer-in.html

Divorce is nothing but the dissolution of a marriage which is mainly done by the court. The phase of going through a divorce is very emotional and people often find themselves in a dilemma while taking the final decision of a divorce. The decision is never easy but one needs to be strong and act rationally in these situations. So, if you find yourself in a similar situation, this article is surely going to help you with your divorce. Here, you will also find out if you can file your divorce all by yourself or you would need to hire a Houston divorce lawyer. So do read on.

The Divorce Process

The divorce process is divided into various steps as mentioned below:

The first step involves filing a lawsuit or a petition against your spouse.

Next, you would need to send a legal notice to your spouse expressing your desire to get a divorce. Please note that even if your spouse is aware of your desire for a divorce, it is necessary to send a legal notice as it serves as a documented legal proof.

After this, the other spouse needs to respond to the divorce petition. He / She has 20 days from the date of receipt of the legal notice to file a response.

At this stage, the issues related to asset sharing, child support, alimony, etc are addressed. Temporary orders are being filed and these orders are negotiated to form final orders.

Then comes the hearing wherein the judge addresses the case and issues the final divorce decree after all the issues have been settled. A cool-down period of 60 days is given to the couple after which the decree is officially signed by both parties.

How long does a divorce take?

There is no fixed timeline within which a divorce can get completed. It varies from case to case and mainly depends on the complexities of a case. If the case is very simple and both parties have mutually agreed to the terms and conditions of the divorce, then it takes around 60 days after which the final divorce decree is signed by both parties. But in complex cases, it takes more time. For example, in cases where both parties are in a dispute concerning the possession of a jointly-held asset or cases where there are issues regarding child support, the timelines cannot be determined as these issues would majorly affect the timelines of the entire divorce process.

Do I need a Houston divorce lawyer?

Yes, it is very important that you get in touch with a professional lawyer who deals with divorce cases and is settled out of Houston. Hiring a lawyer not only makes the entire divorce process easy but also helps in expediting the process. A lawyer would give you advice on your course of action in this process and would also set realistic expectations so that you know the details of the case and what to expect from the case. Going through a divorce would in itself occupy a lot of your mind space and having to deal with the legal proceedings of your divorce, and that too all by yourself would be the last thing that you would want to do at this point of time. So, hiring a lawyer is the best option.

How do I select the best Houston divorce lawyer?

Hiring the best divorce lawyer isn’t a very easy task and hence below are some tips that would help you make the right choice.

Find a lawyer from Houston itself as he would be aware of the local laws and familiar with the judges of the district courts of Texas.

Choose those lawyers who specialize in divorce cases and have a pretty good amount of experience in the same domain.

Check the online reviews and ratings before choosing a lawyer. Try to get in touch with the lawyer’s previous clients. This would give you a good idea about the customer satisfaction index of that particular lawyer.

Always choose reputed lawyers or go with reputed law firms that provide legal services covering a wide range of issues. There are firms like the Ethos Law Group that specialize in divorce cases and even offer a free consultation.

By following the above steps, you will surely find an appropriate Houston divorce lawyer to deal with your case. There are a lot of trusted divorce attorneys who are serving the entire city of Houston. So, if you are looking for a good divorce lawyer, you could probably start your search by checking out the Ethos Law Group.

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What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited

If you have need a best Law service, You can get better suggestions from What Happens if my Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited with the great process!c

Family Lawyers Houston: 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 couples that are divorcing are doing so due to a dispute or disputes that have arisen that leave them unable to reconcile and repair the damage to their relationship.

With that said, prospective clients of the Law Office of Bryan Fagan, PLLC have on more than one occasion asked about what will happen if everything gets decided upon (either by agreement or by a judge) but the other party will not sign on the dotted line.

This is understandably a stressful concept for a soon to be divorcing person to have run through their mind. As with most things any Texas divorce lawyer will tell you there are specific circumstances that will impact what ultimately will occur. Let’s walk through those specifics to give you, the reader, a better idea of what can occur in a divorce case in Texas.

Default Divorce

For those spouses who truly do have a partner who isn’t the most responsible/observant/caring individual a default divorce is often the outcome. After the initial filing is completed in a Texas Divorce (called the Original Petition for Divorce), the filing spouse must give formal “notice” of the filing of the divorce paperwork.

Notice

This doesn’t just mean the filer taking the paperwork to their spouse and dropping it in their lap, however. Formal service means hiring a constable/sheriff/process server to deliver the paperwork as well as a citation to the other party to the divorce.

The Consequences of Not Filing an Answer

A citation is nothing more than the court’s semi-instructional document to this other party letting them know that the divorce has been filed and that they are being sued. The person is also made aware that they have to file a document called an “Answer” on or before 10:00 a.m. on the Monday following the expiration of twenty days from the day they were served with the divorce paperwork.

That sounds a little confusing but the deal is that if a party does not file an Answer by this deadline they are in “Default” and there are consequences to this. The filing spouse can then ask the Court for a default judgment against their spouse if an Answer is not filed within the requisite time period under Texas law.

Divorce Waiting Period

Before we go on, it’s necessary to point out that a filing spouse must still wait for sixty days to expire from the date of the filing in order to actually get the divorce finalized and approved by a judge.

Once the sixty days has expired, you may go to the Court (with a few pieces of paper which we will discuss in a moment) to which your case is assigned and show that your soon to be ex-spouse was served with:

> your Petition, > the Citation has been returned to the Court by the serving individual and has been on file for at least 10 days, no Answer was filed and finally that the requisite 60 days has passed.

If you can do all this your divorce will be granted with or without a signature on your final divorce document called a Final Decree of Divorce.

Divorce after a Trial

The next way to get a divorce in Texas without your spouse’s signature on a divorce decree is to go through with your case, have your spouse actually file an Answer, go to Trial and have a judge render a decision in the case settling all issues that are in dispute.

The judge will let the parties know that he needs to see an Order based on his judgments by a date certain- usually two to three weeks from the Trial date.

If you or your attorney draft a document that reflects what the Judge ordered after the Trial the Judge will sign your Decree and finalize the divorce- with or without your spouse’s signature.

Mediated Settlement Agreement

Divorce Houston: The final scenario that we will discuss in this blog post deals with a Mediated Settlement Agreement that the parties have entered into. This is the most likely way for a divorce case in Texas to end up- the parties agreeing to have an independent third party attorney mediate and help settle their disputes regarding their children, property and any other subjects that the parties are at odds over.

The beauty of this arrangement is that rather than arguing with the other side over the issues that are relevant, a mediator can help the parties reach some middle ground and settle their case sooner rather than later.

At the conclusion of a mediation, so long as a settlement is reached, the parties sign a document prepared by the mediator saying that they agree whatever is being outlined in the settlement agreement and that their agreement is non revocable and binding.

This means that one party can’t wake up the next morning and frantically call their attorney to let them know they’re experiencing buyer’s remorse on a particular subject. Signing a mediated settlement agreement means that both parties are entitled to a judgment from the court on the items included in the M.S.A.

This is especially important if one party refuses to sign a final decree of divorce that will be drafted by one party based on the M.S.A. Whatever their reasons may be, the party that does sign the decree will need to set a hearing to explain to the court what the situation is.

The party that refuses to sign the decree may attend the hearing if they choose and explain their unwillingness to sign. The judge will sign the Decree even if it lacks one party’s signature if he or she believes it conforms with what was agreed to in the M.S.A.

A divorce case, no matter how simple or straightforward it may appear at the outset, inevitably has some twists and turns that require experience and professionalism in handling them. The attorneys with the Law Office of Bryan Fagan, PLLC are ready and able to listen to your concerns and to help you navigate the waters of your particular situation. Please contact our office today with any questions you may have and a licensed attorney will be available to meet with you at your convenience ... Continue Reading

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What will your child’s school do if you and your ex-spouse disagree about an educational decision?

If you have need a best suitable service your Child Law experience, What will your child’s school do if you and your ex-spouse disagree about an educational decision? with the great process!

Houston Family Lawyer: After your divorce, you and your ex-spouse will likely share (to one extent or another) the decision-making responsibilities associated with your child going to school. Sometimes that could mean a decision regarding whether or not to have your child skip a grade or be held back. It could mean the decision revolves around whether or not to allow your child to enter into a special education course in a subject where he is struggling. Regardless, these are usually emotionally volatile situations that can lead to disagreements between parents.

Odds are you and your ex-spouse will not agree on every single contested issue that comes before you that relates to your child. If you disagree with one another regarding an educational decision, the next question you need to ask yourselves is what will happen to your child? Will the school be able to move forward with what it says best? Will you and your ex-spouse need to see the judge? In today's blog post from the Law Office of Bryan Fagan, we will discuss this subject in greater detail.

A school will look to a court order whenever you and your ex-spouse disagree

If you have been to court and have been issued a court order signed by a judge, that order will be consulted in order to determine what role each parent can play in the educational decision making in reference to a child.

It may be that you are the only parent who has to be consulted when it comes to making decisions regarding education for your child. If that is the case then this becomes a much easier question and the school can move forward with whatever decision you make. Your ex-spouse may disagree with your decision, but that means he or she will need to take it up the judge in an attempted modification of that order.

It gets trickier if there is no court order in place or if the current order requires you and your child’s other parent to agree on educational decisions for one to be made. While you and your ex-spouse work to arrive at a conclusion regarding what to do, the school will have to wait. They cannot do anything without your permission and that of your spouse. The best thing that your child’s school can do is provide both of you with information with which a better decision can be reached.

In the end, if a mutually agreeable decision cannot be reached, many families will just head back to the courthouse and attempt to modify the order in a way that is favorable to their side. Most schools will not weigh in on what parent is doing the better job of parenting your child. Before you negotiate parental rights and duties in your divorce, you need to consider the long term consequences in areas like education.

What to do about picking your child up from school

Suppose that you pick your child up from school every day. However, in your divorce, you and your spouse agreed to a Standard Possession Order. Given these circumstances how can you proceed?

In many cases, parents like you will mutually agree to not abide by all the terms of your Standard Possession Order. You are completely able to create your own customized parenting plan that better suits your circumstances. The Standard Possession Order will act as a fall back plan for those times that you and your ex-spouse cannot agree on a plan.

An issue can arise in situations like this, however, when your child’s school does not know who will be picking him up from school. They can always refer to your orders in a pinch, but since you do not have to follow those orders to the letter there can be problems that potentially arise.

The school may take it upon themselves to remind you and your ex-spouse that for the safety of your child that teachers and administrators would like to know ahead of time when the routine will be changed. Providing written notice to the school of any anticipated changes in the transportation schedule would be appreciated.

A quick phone call or short email can make a huge difference to eliminate confusion among those people at your child's school who is in charge of making sure the kids go with the correct parent on a certain day. I have seen situations where both parents go to the school to pick up a child and there can be difficulties when the child can only go home with one of the parents. At the very least you will be asked by the school to provide written notice of about any anticipated changes to the Standard Possession Order.

What happens if a parent wants to eat lunch with their child every day at school?

Divorce Lawyer Houston: There is nothing abnormal about you or your child’s other parenting wanting to eat lunch with him or her at school once a month. What can become burdensome (and this is something that I have seen happen) is when one parent wants to eat lunch at school every single day. A divorce decree will usually state that both you and your child’s other parent will be able to attend school activities. It doesn’t matter which parent is in possession of your child.

Additionally, many school districts in Texas will allow you and your ex-spouse to visit your child at school during lunchtime. I can remember fondly when my mom would come to school when I was a kiddo. She would sometimes come with some lunch from a restaurant for a friend and me, which was always a special activity.

However, in other families, that type of situation could get out of hand. Imagine a scenario playing out where you and your child's other parent both come to school during lunch to see your child. While you may do this every once in a while, it can become distracting if your ex-spouse were to do this every day.

In the situation I was alluding to a moment ago, I have seen an opposing party come to school literally every day with Subway sandwiches for his kids. Our client, who had made box lunches, would get extremely frustrated with this because it was an unnecessary distraction for her children since he was beginning to come to school every day.

Basically, the school will keep an eye on the situation and will need to make a determination if your spouse going to lunch at school every day has become a distraction or not. I doubt that each school or school district has a set in stone policy, either.

So, your child’s school will likely be making a judgment called based on its own experiences and the recommendations of its administrators. The emotional well-being of your child is surely attached to their educational well-being. Do not be surprised if your child’s school asks your ex-spouse to limit their visits to the school if they believe that the visits are having an adverse effect on your child or any other student.

Parent-Teacher Conference: A potential site for disagreement between parents

I don’t think that anyone would attempt to argue that a parent-teacher conference wasn’t a school activity. As such, it is likely that both you and your child’s other parent have the ability to both attend this event. However, unlike a basketball game played in front of a hundred people in a large gymnasium, this event will be held in a small classroom with only you, your child’s teacher and your ex-spouse.

Your child’s school will invite you and your ex-spouse to both attend the event. Given that teachers, depending on the school are often very busy on the night of parent-teacher conferences, you may not be able to have separate time slots scheduled for you and your ex-spouse. Also, it does not matter that the event is scheduled during the school week when you are in possession of your child. Your ex-spouse may attend this activity regardless of whether or not he or she is in possession of your child on the evening the conferences are held.

Unless your court order bars your ex-spouses from attending events like this, or their parental rights have been terminated outright, you can expect that the school will welcome both you and your child's other parent to the conference. Hopefully, you and your ex-spouse are in a place where you can attend this event together without an issue. However, if you are reading this blog post something tells me that this is, unfortunately, not the case.

If your child’s school has a reason to believe that there could be some conflict when you and your ex-spouse attend the conference then separate conferences may be scheduled. Or, you may need to work out a separate day for you or your ex-spouse to attend separately.

What happens if your ex-spouse wants another person to pick up your child from school?

Houston Divorce: Now you are about six months removed from your divorce and your ex-spouse's boyfriend/girlfriend, mother or new husband/wife wants to be able to pick your child up from school. It is essential that your child has a support system that he or she is able to rely upon after the divorce. That support system will oftentimes include people that fall into these categories. Imagine how much important it will be to have your child be able to have loving persons available to care for him or her after your marriage has ended ... Continue Reading

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Texas Family Law Courts: Temporary Orders in a Divorce case

On the off chance that you have require a best reasonable Texas Divorce Law encounter, Texas Family Law Courts: Temporary Orders in a Divorce case with the immense procedure!

Family Attorney Houston: 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 from the day he or she is served with notice of your Divorce suit. Assuming that he or she does file an Answer prior to the deadline having passed your case will enter a second phase that I commonly refer to as “temporary orders”.

A temporary restraining order is an order from the court that basically lays down some temporary rules for you and your spouse to follow during the divorce. Think of these as the “do’s and don’ts” of your case and really your life for however long your divorce ultimately ends up taking.

Don’t fret too much, however. The don’ts are things like:

> not committing family violence against your spouse > harassment against your spouse > not paying bills that need to be paid (utilities, mortgage, etc.).

As for your children you:

> ought not to take them out of school and > hide them from your spouse

That would be called a violation of your temporary restraining order and the judge would be none too pleased to learn of such behavior.

You can get a temporary restraining order installed without providing notice first to your spouse. You filed a request for a temporary restraining order with your Petition for Divorce and you outline all the things that you would like to have temporarily restrained.

The judge can review all the items you’ve listed and strike through those that he or she does not believe should be included.

The catch to a temporary restraining order is that it is, wait for it, temporary. Since your spouse has not had an opportunity to argue anything regarding this TRO the order will only last for about two weeks. You must then go to court and have a full-fledged hearing on the matter in order to get the TRO to turn into legitimate temporary orders.

How long does it take to get divorced in Texas

While we’re on the subject of the different stages of divorce it would make sense to ask how long it actually takes to get divorced. Right then I imagined you asking me that through your computer. I’ll answer you with the lawyer’s favorite response: “It depends.” At a minimum, your divorce will last sixty-one days. This is because from the day your divorce is filed until the day you go to court with an order signed by you and your spouse sixty days must have first elapsed.

Otherwise, there is a fairly wide range of lengths for divorce cases to take on. If you and your spouse are in agreement on all or most of the issues of your divorce then you may be able to be divorced in close to sixty days. All it takes is an agreement on every issue of your case, the drafting of a final order and then you and your spouse signing that final order.

On the other hand, if you and your spouse are not in agreement on any issues then you may have to at the very least attend mediation to see if a mediator can help you and your spouse settle the outstanding issues. If mediation is not successful then you and your spouse will head to court in order to have a full-fledged hearing with the judge if you are in temporary orders phase or a trial if you have moved on to the end of your case.

In between temporary orders and trial, you and your spouse will likely exchange multiple settlement offers, financial statements, and other documents that are crucial to being able to understand both sides of a case. This can take somewhere between six months and longer if a trial is necessary.

Getting to trial- how is a date selected?

Divorce Attorneys in Houston: Most courts have what are called docket control orders which lay out the dates for many of the case settings for your divorce.

Temporary orders hearing date, the date that discovery must be submitted by, the date mediation must be completed and dates for a pre-trial hearing and a trial date are often included in the docket control order. This allows both sides to know exactly what dates they have to be aware of and spurs people to negotiate. As a friend of mine often says: deadlines spur action.

The question everyone wants to know: when is your divorce actually official

Ultimately you are not filing for divorce in order to take a final stand against your spouse or to cause him or her to pull their hair out due to frustration. You’re filing for a divorce in order to move on from your spouse and begin a new chapter in your life.

With that said, we’ve gone through the stages of your divorce but have not talked about when your divorce can actually be finalized.

Your divorce will be final when all issues of your case:

> children and > property

specifically- have been either settled before trial or dealt with at trial by an order from the judge. The terms of your settlement or rendition of the judge’s orders must be laid out in a document called the final decree of divorce. Typically the petitioner’s attorney will draft the Decree and then send it to the Respondent for their review.

Once both sides can agree on how the Decree will look, the parties will sign along with their attorneys. The Petitioner will file the Decree with the court and appear for a short hearing in front of the judge. The judge will want to make sure all issues have been disposed of in the hearing called a “prove up hearing”. Once the judge approves of and signs your order you are officially divorced.

Dividing property in a divorce- the subject of tomorrow’s blog post

Houston Divorce Attorneys: The Law Office of Bryan Fagan, PLLC appreciates your time in discussing the subject of family lawcourts and divorce with us. Come on back tomorrow to read more about the divorce, specifically how your property will be divided in a potential divorce case.

Questions about this subject and any other in family law can be directed to our office. A free of charge consultation is only a phone call away ... Continue Reading

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Preparing for a Temporary Orders Hearing in Texas, Part Two

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Preparing for a Temporary Orders Hearing in Texas, Part Two

Houston Family Law Attorneys: 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 Orders Hearings in Texas. Each post does not contain a single theme or topic but rather touch on subjects that are pretty wide ranging.

Let’s continue with today’s post which goes over information concerning witnesses, temporary custody of a child and visitation during the divorce.

Witnesses at your Temporary Orders Hearing

Depending on what court and in what county your divorce case is being held in, you may be able to have a witness or even two testify on your behalf. No judge will allow you to bring the entire town to come in and testify about how great a guy or girl you are but then again most judges will allow one witness to put forth testimony. Your Houston divorce attorney will most likely caution you against family members unless they have something extremely specific to say about your or your spouse.

The reason family members are typically not great witnesses is because they are inherently biased. A judge is looking for information that can help him or her determine the outcome of a case. Having your mother sit on the stand and tell the judge about what a sweet boy you are isn’t really going to tip the scales in your favor at all.

If you do have a witness that you think needs to testify, be sure to provide their name and contact information to your lawyer as soon as possible. This way your divorce attorney can contact the witness introduce him or herself and determine how best to utilize the witness, if at all. I always remind clients that this is their case and not mine- if they want to use a witness fine by me. However- the time spent questioning a witness can take away from other time that we could use to present more helpful information for the judge.

Temporary Custody of a Child

Divorce Houston: The most noteworthy aspect of child custody determinations during a temporary orders hearing in Texas is having the judge determine which parent will have the exclusive right to determine the primary residence of the child. In most instances both parents offer positive attributes to be able to care for the child on a regular basis. Obviously family violence, drug or alcohol abuse or neglect can negate the ability of a parent to given this right. Absent these conditions the judge will have to determine which parent should have the child primarily and what is in the child’s best interests.

What factors will a judge consider when making this determination? While this is not an exhaustive list, some relevant factors include:

> Who gets the child ready for school or day care? > Who bathes the child and puts them to bed at night? > Who prepares meals and feeds the child? > Who provides the majority of the transportation for the child? > Who is more in tune with the child’s medical treatment and regular doctor’s appointments? > Who attends the parent teacher conferences and other school activities with more regularity? > Who provides assistance with homework and school projects?

It is not an easy decision for a judge to decide which parent should have the right to determine where a child lives. It is probably the most difficult decision a judge has to make in a temporary orders hearing. However, being aware of what the judge will consider when making a decision can provide peace of mind for an anxious client.

Visitation during Temporary Orders

Family Lawyers Houston: As a general rule, parents are able to set up any sort of visitation schedule they would like so long as both of them agree to it. The parties themselves understand the needs of their child and what is in his or her best interest better than anyone so this would stand to reason.

If the parties cannot agree to a visitation schedule then a court will step in and decide one for them. The presumption in Texas is that a Standard Possession Order is in the best interest of the child. For parents who live within 100 miles of one another, this means that the parent who does not have the right to designate the primary residence of the child will have the right to have possession of the child on the first, third and fifth weekends of each month as well as every Thursday evening from 6:00 to 8:00 p.m.

Holidays are alternated between the parties- Spring Break, Thanksgiving and Christmas. Christmas Break is divided up in two parts: the first portion lasts from the day school lets out for Christmas Break at 6:00 p.m. and goes until December 28th at 6:00 p.m. The other parent has the child until 6:00 p.m. on the Sunday prior to school resuming. One parent has the first half in even years, and it alternates to the other parent having the first half in odd years.

Even when the parties have been ordered to maintain a Standard Possession Order it is still their mutual choice whether to follow it. Of course, you may be saying, if the parents couldn’t agree on a possession schedule in the first place what are the odds they come together after a temporary orders hearing? Fair point, but I am an optimist to my core. Sometimes a trip to the courthouse can bring sparring spouses together.

The Importance of Temporary Orders Requires Experienced Representatives

Family Lawyer in Houston: Make no mistake, a Temporary Orders Hearing is essentially a trial during the early stages of your divorce case. What is ordered on a temporary basis tends to be what is ordered upon final orders as well. With that said, having the right attorney by your side can make all the difference. The attorneys with the Law Office of Bryan Fagan, PLLC represent clients in temporary orders hearings on a regular basis. To learn more about our office and the services we provide please contact our office for a free of charge consultation ... Continue Reading

[ourmrmel]

Mel Feller MPA, MHR, Discusses Avoiding the Due on Sale Clause

Mel Feller MPA, MHR, Discusses Avoiding the Due on Sale Clause

 Mel is the President/Founder of Mel Feller Seminars with Coaching for Success 360, Inc. and Mel Feller Coaching. Mel Feller is an Innovator and Business Leader. Mel Feller currently maintains an office in Texas. Mel is currently an MBA Candidate.

   DUE-ON-SALE CLAUSE: The clause (Para. #17) in virtually all mortgage loans, which permits a secured mortgage lender (federal, state or private) to call the entire unpaid loan balance Due and Payable immediately should the property securing the loan be sold, transferred, traded, gifted or otherwise disposed of without the lender’s prior written consent (and without giving them the opportunity to charge more money or say “No” to the transfer).

 Despite the due-on-sale clause and its implications in the creative real estate financing business, it is quite possible for one to take over the payments on a non-assumable mortgage loan without needing to fear, or even to be concerned with, a DOS Violation…without violating it.

 I n order to effect such a take-over without an unauthorized transfer, one simply assures that the property is, in-fact, NOT being sold, traded, hypothecated or transferred in any ‘unauthorized’ manner. In other words, since placement of real estate into the borrower’s revocable living trust for asset protection purposes is fully allowable under

 The law (12USC 1701-j-3; and since appointment of a co-beneficiary is a prudent thing to do anyway: a would-be seller need only place its property into such a trust, and then deal with the interest in the trust, rather than dealing with the property itself. At this point, the buyer (of beneficiary interest: not real estate) gains virtually 100% of the same incidents and benefits of Fee Simple Real Estate ownership that he or she might have under a traditional transfer of the property’s title.

  The only caveat here is that the living trust that is utilized for this purpose must be an Illinois-type, title-holding Land Trust. Such a trust is revocable and it is an inter-vivos trust; however, their beneficiaries, not the trustee, direct land trusts by nature: and all “legal” title, as well as all “equitable” title, is vested with the trustee. Beneficiaries of land trusts own no real estate, only personal property…and even though they retain all the benefits of an owner, the property has not been sold, transferred or hypothecated.

  The trust term of the agreement is decided upon by beneficiaries and stipulated in the contract. Such terms generally run for from 1 to 20 years, with the understanding that, at the end of that time, the trust will be terminated and the seller's interest (as little as 10%) will be forfeited to the co-beneficiary (buyer). Such forfeiture merely needs to be in consideration of some future act by the buyer (e.g., prompt payments; strict adherence to contract terms; a share in appreciation or overall profit; etc.). Often times, however, beneficiaries might mutually agree to share profits at termination in proportion to their respective beneficiary interests (50:50, 90:10; 75:25, etc.).

 It is most important to understand here that the verbiage of a lender’s Due-on-Sale clause doesn't always convey exactly what we or our attorneys THINK it does, or what the lender expects us to believe it does (a little trickery here)…irrespective of whether a lender's exercising its rights under a DOS clause are "real," "false" or indifferent. What the DOS does infer is: “UNLESS PROHIBITED BY APPLICABLE LAW…” the lender has a right to foreclose, if the title to its security is transferred into a trust, and if a beneficiary interest in that trust is sold or transferred."

  Well...make no mistakes about it! Such action ‘IS’ indeed prohibited by “applicable law.” The Law (The Federal Depository Institutions Act of 1982) strictly prohibits ANY lender from taking exception to a borrower's placing its property into its own inter-vivos (living) trust (such as a Title-  Holding Land Trust) and appointing a 2nd party to function as a co-beneficiary or remainder agent. Further, there is nothing to prevent those same co-beneficiaries from leasing the property out to any one they may choose…say, to the 2nd co-beneficiary, for example. Overall, the process described here creates what is tantamount to a legally constructed and very safe and well-shielded ‘Wrap-Around Seller-Carry’ device.

 Since the original owner of the property has named the second party as a beneficiary in the trust and leased to the property to him or her under a triple-net lease (i.e., net, net, net lease, wherein the tenant pays mortgage interest, property tax and handles all maintenance), the resident beneficiary (or investor co-beneficiary) has obtained all the benefits of a sale… without there actually having been one.

  When proposing that a seller remain on the existing loan for you: if you really want to be assured of 'getting the deal,' it’s important that you make it sound so good for the seller that he can't refuse. To do that, you’d suggest that for his own safety and peace of mind, you'll pay to put the property into a neutral trust (if he prefers), and that he needn't ever transfer the property’s title to you at all…until you've proven yourself, by eventually refinancing or selling the property and paying off his loan. Explain that you will consent to merely becoming a co-beneficiary in HIS trust until his loan is retired in, say, 6 months (or 3, 4, 5 or 20 years…or more).

 Note that this arrangement( land trust) gives you, as the buyer, 100% of the tax write-off (See IRC § 163(h)4(D)); 100% of the use, occupancy, possession; 100% of the equity build-up (from principal reduction); full rights to all rents; and other profits upon the sale or other disposition of the property. As well, you also have any and all of the other rights ordinarily only available under the so-called "Bundle of Rights" in any form of Fee-Simple Real Estate ownership.

In a Land Trust, the seller need not ever take any chances with you; and you do not have to take any chances with the seller either. By virtue of the structure of the Trust, the trust property is protected from liens, suits judgments, divorce actions or claims, bankruptcies or anything else you can think of…on both sides…including state and/or IRS tax liens. Moreover, the due-on-sale clause becomes pretty much a non-issue in that the property has not been sold; the title has not been transferred (other than to the borrower’s authorized trust); and there is no consideration for a ‘purchase of real estate’ per se. Furthermore, the commodity being transferred (beneficiary interest in a trust) is characterized as Personally (personal property), and not Realty (real estate), and is therefore not subject to the same creditor rights as would be real estate. In addition, the transaction has not infringed upon the lender’s foreclosure rights, or compromised its security interest).

  In closing, do note that for maximum safety, it recommended that at least 10% of the trust's Beneficiary Interest and 50% of the beneficiary’s Power of Direction should be retained by the seller, with an agreement to forfeit that interest to you upon disposition of the property at the trust's termination. However, also note that the Settlor Beneficiary’s fifty percent Power of Direction can be given to you by means of either an Assignment of Power of Direction, or by a Revocable, Limited, Power of Attorney. The reason for the seller’s retaining a percentage of beneficiary interest is to satisfy the requirement that if the seller places his property into a revocable trust, he must be and remain a beneficiary of that trust. The reason for keeping the 50% Power of Direction intact, is that most county jurisdictions will not re-assess the property for property taxes, or require transfer fees, when transferring the property to a living trust, so long as no more than 50% of the “voting rights” are conveyed.

Please Note:  I am not an Attorney and I recommend you always use an Attorney when doing these deals!

      Mel Feller, MPA, MHR, is a well-known real estate, business consultant, personal development Consultant and speaker, specializing in performance, productivity, and profits. Mel is the President/Founder of Mel Feller Seminars with Coaching For Success 360, Inc. and Mel Feller Coaching, a real estate and business specific coaching company. His three books for real estate professionals are systems on how to become an exceptional sales performer. His four books in Business and Government Grants are ways to leverage and increase your business Success in both time and money! His book on Personal Development “Lies that Will Sabotage Your Success”.

Mel Feller, MPA, MHR

[charlottestarchild]

Figs and Charlotte

It’s 2018 and I am visiting my good old friend in a small remote village in the south of France. I haven’t seen her in years and can’t wait to spend some quality time with her. She’s staying with her kids at her parent’s place so I booked myself into a small, and as it turns out quite cute, B&B close to her place. The village is famous for its clay pottery and so it happens that the B&B is in an old pottery fabric. Everything is the color of terracotta. My friend’s parents grow grapes and have a lovely fruit garden. We go pick peaches, apricots and figs fresh from the tree each day … On the morning of the second day, I take my plate full of fresh fruit and walk to the little terrace in the backyard of my room to sit in the sun and enjoy my fruits. Walking up the concrete stairs to the little terrace, I catch a glimpse of a guy lying on the ground, earphones in his ears, doing yoga. I hesitate for a moment but then decide to go back. I would basically need to step over him in order to get to the chairs. Way too shy and respectful of his privacy for that.

Saturday night. The kids are at sleep. Maria and me decide to enjoy some quality time. We grab a bottle of wine and simply drag out some chairs from my room onto the street and set up our own little private bodega on the street. We’re drinking lovely wine and are chatting about all sorts of things. We have plenty to catch up. Suddenly the sound of a Ukulele gets to our ears from one of the windows above. Portuguese? She says and looks at me. I try to listen. Yeah. Sounds like Portuguese. We giggle a bit and continue chatting. The sound gets louder and suddenly you can hear two voices sing. We listen for a bit, suddenly the music stops. We look up at the window where the music came from and the guy from the morning appears in the window. “Hi” he says waving down to us. “Hi” we say back.

We keep chatting about her marriage, about my divorce, about live here and there. Suddenly Mr. Portuguese Ukulele Yogi walks down the street. We start chatting about how we heard him sing in Portuguese. He’s Brazilian so yes, it was Portuguese. He says he’s visiting his friend who is staying here. Two minutes later also his friend comes down the street. A funny looking guy in dangaroos, his colorful socks pulled up towards the knees, his dark beard shaved in a funny way, one long earring dangling from his left ear. After a bit more chit chat I ask if they don’t want to join us. “We have some more chairs we can pull out”. Without hesitation they agree. Fernao, that’s the name of the Brazilian, is tall, curly wild hair, glasses. Looks a bit nerdy. Not as hot as I thought from the glimpse I caught of him in the morning but still quite cute. Sami, is from Iran but lives in Austin, Texas, he is into pottery which is why he is here in this village; he starts telling us how he got totally hooked on it by watching YouTube videos and now he finds himself here, learning from the best of the best. He’s a storyteller, that much is clear. I like story tellers. He’s much shorter than Fernao, but has very dark, mysterious eyes.

We chat about things for a while when Maria suddenly gets a phone call. Her daughter has fever. She has to leave. I’m sad she has to leave. It was so nice catching up and even now, talking to these strangers together as if we were on a holiday somewhere together in our early 20s.

I stick around and chat some more with the two guys. I can’t really say what they’re up to. Sami makes me a compliment suddenly about how beautiful my face is. I have to laugh cause at this point of time I consider my face anything else but beautiful. I look over to Fernao, shrugging in his direction as if to say “what’s wrong with your friend”. We keep on drinking wine and talk about space, aliens, nature, random encounters. I ask if either one of them smokes and Sami gets up getting his tobacco from his room. We smoke. We drink wine. We talk. Cats join us. Sami feeds them so they stick around meowing for more food. Suddenly without any clear reason why, we all get up and there’s a sense of “party is over”. We all take the chairs inside, clear up the stuff, hug each other good night “was nice to meet you”.

Somehow, I’m relieved I didn’t end up in bed with either one of them. Not that there would have been clear interest from their side anyways but I’ve been having a bad conscious about my promiscuous lifestyle lately and that would have been too much. And I’m here to visit my friend and not to fuck around. Good girl.

The next morning I’m about to hop into the shower when someone knocks on my door. It’s Fernao. He’s got no shirt on. I’m only wrapped in a towel. “Good morning!” – “Good morning”. “Sami and I are planning to go to this remote beach today. We have a rental so we can drive around. I was wondering, well, I’m sure you have plans but if not, if you’d like to join us.” I explain that I don’t know because I need to wait for Maria to contact me. Her daughter has fever so I don’t know what’s going to happen. “Ok sure, well, let us know or at least come up for a coffee anyway.” “Sure.”

I get into the shower smiling.

I make myself another fruit plate and go to the terrace upstairs. Fernao is again there doing Yoga. But this time I dare to pass him and sit on one of the sun chairs. We chat a bit. He continues his yoga. Tells me how yesterday he got up at 7am and did a 3 hour yoga session. This place energizes him. Maria calls. Her daughter had bad fever last night and her sister’s dog died. I tell her not to worry about me, she should be with her family. I will go to the beach with the guys.

Within a few hours we are on our way to the beach. It’s a bit of a drive but eventually we get there. The beach can be reached after walking for about 15min through sand dunes. It’s scorching hot. Fernao is carrying his botijo with him. Sami carries his Ukulele and a football.

We get to the beach. It is anything else but remote. It’s filled with people. Naked people. It’s a nudist beach. I make nervous jokes, how funny it is that we think we’re going to some remote beach and we end up at a nudist beach. “Well, it’s not like we were going to wear swim wear at a remote beach anyways”, Fernao says. It doesn’t take 5min and both of them are butt naked. Great.

First round of swimming I leave on my bikini. But when Fernao starts to make handstands and wheels in the sand with his shlong dangling around I feel seriously overdressed and tell myself “ah what the fuck”. I take off my bikini. I’m not exactly comfortable with my body in broad sunlight. My boobs are tiny and my nipples are ugly when they’re not hard. But well. It’s not like those two are carved out of stone either.

I don’t exactly remember when but at some point I realize that Fernao is flirting with me.

I lay on my stomach, taking in the full sun. Fernao starts touching my back. I don’t know why but it makes me insanely horny. We swim, we eat, we drink beer, we swim – life could be worse. At some point Fernao is playing the Ukulele and Sami starts to massage my feet. And I’m lying there on my back wondering HOW DID I GET HERE? How am I here? On this beach, with these guys? By the way, not sure this is clear but they are both really nice fellas. Not dodgy at all. Just really nice, funny guys.

I did start to think at some point if they have some twisted plan of luring me into a threesome. For a second I am wondering if I could be convinced but no. Seems a bit much.

We go for another swim. It feels great to jump naked in the waves.

It’s getting late and I start to have a bad conscious about having fun here with these guys while Maria needs to deal with her sick daughter and a sad sister. I tell the guys that I need to get out of the sun; maybe we could start thinking of going back soon? They don’t really seem to want to and I don’t really want to push for it, since it’s their car and I don’t want to ruin their fun. I say I go for another swim and then we see.

When I get back from the water, Fernao has explored the area in the dunes and says there is a nice place in the shade where we can hang out for a little longer. I agree. We take our stuff to the dunes and make up a camp. Fernao even brought his hammock… :D

We hang out for a little longer and decide to go back. Finally. It’s already 7pm or sth.

Once we’re back I get in touch with Maria and we meet for dinner. After that, I go upstairs to join the guys. We drink some wine, chat. Sami goes to sleep. I guess he noticed Fernao and me flirting with each other. Fernao and me have been caressing each other’s back and hair all day. I think it takes not even 1min after Sami left and we’re kissing. I am so horny. How does this guy make me so horny? My Argentinian and Colombian friends have been telling me how Latin American guys are just different. Boy were they right. We’re sitting on the sun chair kissing and Fernao is leaning in on me when suddenly the fabric of the chair breaks and we’re both landing on the floor. We’re laughing.

We get up and continue kissing against the wall when he asks: “Can I take you somewhere where I can take all these clothes off?” Yes please.

We go to my room. As soon as I close the door behind me, Fernao pushes me against the wall, holds up my hands above my hand, kisses me passionately and seems to have his hands all over me. He lifts up my dress, squeezes my but, kisses my neck. I wrap my arms around him, he lifts me up so I am against the wall, legs wrapped around him. I slide down, he opens the zipper of my dress, slowly slides it down my shoulders. I’m not wearing a bra. I’m only in panties. He looks at me and smiles. Takes my hand and guides me to the bed. We make passionate love until we fall into a soft slumber. A few hours we wake up, make love again…

In the morning, we wake up next to each other. He says “Yesterday morning, Sami asked me what I’d like for today. And I said “Figs and Charlotte””.  

[webuyhousessanantoniotx-blog]

Sell Your House Fast In San Antonio Texas

If you do not understand the foreclosure or probate process, then let us help as we are very experienced in both areas as we have been buying houses for 9 years. Let us buy your Bexar County Texas property now, regardless of it’s condition. We buy property fast in most any area of Texas. To sell your house fast in San Antonio Texas go to The Best Cash Offer website now.

Can't thank him enough for all he did to help us relocate to San Antonio, Texas. TEXAS TOP DOLLAR HOME BUYERS is RATED 5 STARS by REVIEWERS on YELP! Whether the continual payments are too high or a homeowner finds himself experiencing financial hardship, having your home seized by the courts is a real possibility. Even if a real estate agent isn’t able to sell your house, we’re still able to help! Moreover, hiring an agent will take the edge off of the stress that is commonly felt by both parties in the midst of a divorce settlement. This eliminates the potential for further disputes and can help in fast-tracking the sale of the home as the couple prepares to move on after a divorce. If your spouse keeps the home, don’t expect it to be smooth sailing in getting a mortgage for another home. Every day that goes by without selling your home, can result in additional expenses that YOU owe; more property taxes owed, another payment coming due and, of course, vacant houses are subject theft and vandalism.

Sell Your House Fast In San Antonio Texas

Our way of paying cash for houses is an advantage in its right. We’ll but it in 30 days or less, in cash. You can leave the repairs and renovations to us and get prepared to get instant cash from us. If husband and wife agree that an agent is not the quality person that they were hoping for, then it never hurts to get another opinion. Avoid agent fees, staging costs, open houses and other hassles. My name is Jacob, and We Buy Houses Anywhere In San Antonio And the Surrounding Areas at Any Price. We’ll buy your house in 30 days or less. If you have any questions about how I work, what the process of selling a house or just want to learn more, don’t hesitate to contact me anytime! If this is granted the executor does not have to ask permission from the court to sell the house named in the will. If the house is in terrible shape and you don’t want to (or can’t) fix it up… NO problem, we’ll deal with it for you. To sell your house fast in San Antonio Texas follow the link.

If you don’t desire to use the extra area on your own hard disk drive to hold the program, don’t overlook that one could delete the program when you have the important information. If you still have questions about our process…just give us a call at (210) 920-9000… or fill out the simple form on this site. And if you’re still not happy with what you find - give me a call. Individuals who become an executor may find different types of property that needs to be dealt with. Selling a San Antonio property is sometimes the only option to recover from a financial struggle. Though San Antonio is the ideal location for many homeowners, sometimes life can cause long-term residents to relocate. If the tenant doesn’t comply then the Sheriff’s department can step in. Selling your property can be incredibly frustrating…but it doesn’t have to be. You will not have to wait months for closing when you call us.

The beans and Mac were very tasty, both needed salt but I would rather have to add instead of too much! He knows so much about this university. Don't hope click here to get foreclosure help now. Are you at risk of losing your home to foreclosure? It’s true that you can often get a higher price for your home if you go through a real estate agent, but that higher price comes at a cost. We understand that there are as many reasons for needing to sell a home as there are homes for sale. Another option is to sell your house to a house-buying company. The total number of homes sold has consistently increased, as well as the median house price. Macaroni Chicharron: Well seasoned and the chicharron gives a nice crunch and meaty flavor, but is a departure from more traditional mac and cheese. Then we are here to make it happen. Appraisals are not cast in gold. If this is not possible, then when determining the sale price this should be taken into consideration. Buick Enclave Summit White GO FOR A TEST DRIVE!

You Decide If It’s A Fit or Not. This is applicable when a will was left but there were no debts secured by real property. We will never ask you to clean or paint or pay a contractor to do anything. I'm moving and want to get rid of my TV. Want to avoid big consequences of selling your investment property? By getting the right answers from this article and further research, the transfer of ownership should go smoothly. I call: Quality service! The tv comes with the original remote and can be tested before purchasing. Contact Us Today for All Your Real Estate Needs at (210) 920-9000! It's a class organization, and love the way they do things. Well, 11:30A on a Saturday was too late - all sold out. I've reached out to a few of them. When homeowners sell, they gain standing in an otherwise powerless situation. COACH HENSON: You thought I was watching film and interviewing coaches? It was barely used. That’s because we aren’t limited to our own resources. It features MagicTune, MagicBright, MagicColor. We proudly serve the communities of Corpus Christi, Dallas, Houston, Austin, Seguin, Alamo Heights, Olmos Park, Terrell Hills, Hildebrand, Riverwalk to the Alamo and beyond.

How to Make Your Home More Appealing to Sell Quickly

Sometimes, selling your house is not as simple as it sounds. In fact, this can be downright difficult if you do not know very well what you are carrying out. Even if you provide an agent in your favor, there isn't any guarantee you are making a procurement soon. Although you may be frustrated in doing what you've faced previously and the way to move forward down the road, there is no better time than now to really put more hours in the sales process.

Selling Through Auction This can be an obvious route that lots of would think about last measure. Indeed it probably ought to be a final option as in an auction you'll probably receive one of many lowest market values on your property. At an auction buyers are usually using cash or expensive bridging loans, for this reason they can be seeking to achieve a 40% discount to the present market value for the home. Also, approximately 50% of property's for sale at an auction are bank repossession's so you have to bare in your mind you are competing against stock how the banks are effectively dumping. Auctions may well not allow you to get the best return however they enables you to off load your premises quickly and completion typically takes place within four weeks.

Another common mistake made by home sellers in the present companies are in thinking that because their house appraised for a certain amount, they must be able to ask exactly the same amount when selling. The home appraisal process is much from perfect. It is based on comparable sales inside recent past although an appraiser may justify a better price with relevant comps, it is usually possible to justify a reduced selling price with comparable sales as well. Ultimately, any house is only worth what an able buyer would prefer to pay for it knowning that decision will most likely be according to additional options that exist in the area.

Before you position the house up for viewing depersonalize the spot. If buyers can be found in to see the best place filled with personal belongings and family pictures about the walls, they may struggle to picture their stuff there. You want the folks viewing your house in order to picture themselves living there and which makes it their property, and in most cases the simplest way to do this is usually to create a blank canvas.

By raising the sufficient funds from a quick property sale you'll be able to settle your mortgage and loan arrears. This provides a handy way of solving your financial troubles and in some cases has the benefit of selecting to be able to stay in your property and pay rent being a tenant from your period which is decided between you and the buyer. For those of you that are only in the difficult finances momentarily you might even have the chance of buying back your house in the foreseeable future when it's possible to to sustain a home loan again.

For more details on how to sell your house fast in San Antonio Texas go to https://www.moneysupermarket.com/money-made-easy/top-ten-tips-to-sell-your-home/.

[texaslawinformation]

Can I Get My Ex-wife's New Marriage Terminated or Voided?

If you have need a best Law service, You can get better suggestions from Can I Get My Ex-wife's New Marriage Terminated or Voided? with the great process!

The Woodlands Divorce Attorney: 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 whether he could get his ex-wife’s new marriage terminated or voided?

For the purposes of this blog topic let’s pretend that he and his wife had divorced on the 1st of the month and the ex-wife remarried her new husband on 30th of that same month.

Although, I do not know much from my conversation with him my guess would be based how quickly the ex-wife remarried is perhaps there had been some overlap in her relationships. My take away from our conversation was that the divorce had not been amical and there was some lingering resentment.

30 Day Waiting Period

I have never devoted an entire blog on this topic but I have discussed that Texas has a 30 day waiting period after a divorce prior to remarriage in my blog posts “Am I Married? - Marital Status in Texas” and “How Long Will My Texas Divorce Take?”

Not all states do not require a divorced person to wait before remarrying, however under 6.801 of the Texas Family Code a person in Texas is free to marry again 30 days after the judge signs their final divorce order, called a “decree.” It is important to note that:

> The 30-day waiting period begins the day after the judge signs their final divorce order > This means the 31 after the judge signs the divorce order is the earliest day you can legally remarry. > the Judge does not always sign the Decree on the same day that you appear in court.

Respect the 30 day Waiting Period

Kingwood Divorce Attorney: There are some good reasons to Respect the 30-day waiting period including:

If someone decides not to wait the entire thirty-day period and remarries too early, the new marriage is “voidable” and may be challenged for a period of time.

A motion for new trial can be filed 30 days after a Judge signs the final divorce decree and reopen the divorce case.

If the parties have been involved a bitter divorce it would not be unexpected that just because the divorce is over an ex may be looking for excuse to cause problems even after the divorce.

If one of the spouses has a substantial change in assets during the 30-day period may cause the “ex” spouse to wonder whether the property was actually owned prior to the divorce, and look to reopen the case.

In the caseBaqdounes v. Baqdounes, No. 01-07-1102-CV, 2009 WL 214508 (Tex. App. Jan. 29, 2009) the 30 day waiting period became an issue because the husband in the case argued that the marriage was void because his wife had not waited long enough to marry him after her prior divorce.

In this case the Trial court agreed with the husband and granted the husband summary saying the marriage was void. The wife then appealed and one that on the basis that:

> Yes, her ceremonial marriage was void but > She was common law married to her new husband after the waiting period was up

The wife did ultimately win that she was married but I can only imagine that she had to spend an incredible amount of money on legal fees. It would have been a lot cheaper for her and her husband had they both respected the 30-day waiting period.

EXCEPTIONS TO THE 30-DAY WAITING PERIOD FOR GETTING REMARRIED

Exceptions to this rule include:

> Divorcing spouses under 6.801(b) may still remarry each other at any time and > In certain cases, under section 6.802 of the Texas Family Code a Judge will waive the 30-day waiting period if good cause shown. This requires filing a motion to request the judge to do so.

Examples of why a Judge may grant a waiver of the 30 days waiting period include:

> Health of one of the parties > One of the parties is scheduled to take a permanent duty reassignment in other party of the world

Summary

Family Law Lawyer Houston: What I ended up explaining to the person that came to meet me regarding getting their ex-spouses new marriage terminated is that she did not really have standing for that purpose. His legal options were:

> Filing for a new trial > Saving his money for bringing a modification in regards to the kids should the need arise

I also explained that just like the case mentioned above that not respecting the waiting period may cause his ex some problems should his ex-go through another divorce ... Continue Reading

[bryanfaganlaw]

What does a mediation mean to your Texas divorce case?

If you have need a best suitable service your Child Law experience, What does a mediation mean to your Texas divorce case? with the great process!

Family Lawyers in Houston: If you think that you are going to be stuck with a cranky judge issuing a ruling in your divorce it’s time to think again. The vast majority of Texas divorces end not in the courtroom but in a mediator’s office. This may come as a surprise to any of you who have had to endure stories from friends and relatives about their own divorce nightmares- stories that likely climaxed in a heated courtroom drama.

Obviously, your case may be the exception that proves the rule that most cases do not go all the way to a trial. However, the likelihood is that your case will settle and you will avoid talking to a judge at all in your case. Getting to that point, and avoiding mistakes and problems, is the key to this discussion. Hiring the right attorney for you and your family takes research and knowledge of what your goals are and what is best for you. A family law attorney who is experienced in working with clients like you can be the best investment that you ever make.

One of the characteristics that your attorney should embody is a certain degree of experience in helping to select a mediator for their clients. Just what a mediator does and how this person will impact your case is the subject of today’s blog post from the Law Office of Bryan Fagan, PLLC.

Mediation explained

As we just touched on, most divorce cases in Texas settle rather than go to a trial. Most settlements occur in mediation. Whether it is by court order or by mutual agreement, you and your spouse would hire a third party attorney/mediation to intercede into your case to help you all reach a settlement. The mediator can also be selected by the judge if you and your spouse cannot agree on a person.

A mediator is an attorney, and usually, one who is experienced in family law cases. In certain circumstances, your attorney may suggest an ex-judge who heard cases in family law courts. The mediator may have a relationship with your attorney but he or she will not favor you or your spouse. They are neutral and independent. Their role is to help you and your spouse negotiate and settle any outstanding issues in your case. A mediator’s experience trying cases in front of your judge will be important because he or she will be able to give you a neutral opinion on what a judge is likely to do given any individual scenario in your case.

Mediation sessions for most divorces typically last approximately four hours. A full day session will not be likely but can be done if your case has a particularly large amount of issues. The costs of mediation are split between you and your spouse and are not (usually) included in your attorney’s fees. You will be paying your attorney to be present with you at mediation and will pay the mediator as well. This may seem like a lot of costs, but keep in mind that the alternative is the weeks-long preparation for a trial that could last more than one day.

What the mediator cannot do

Family Law Attorneys Houston: The mediator is not there to weigh the strength of your argument and that of your spouse on a particular issue and then make a decision in favor of one of you. The mediator is not an arbitrator, in other words. The mediator is independent and has no force or legitimacy within your case in anything other than helping you and your spouse reach a settlement. Their fees do not go up or down depending on whether or not your case settles.

What the mediator does do is be honest with you about the relative strength of your positions. As in, you can expect a mediator to tell you if your argument regarding dividing up the marital assets will either do well or go down in flames with the judge. Before that, the mediator will get a sense of who you are, what your goals are and what you believe that the mediator needs to know. He or she will then leave the room where you and your attorney are seated and go to the room where your spouse and their attorney are and do the same with them.

Acting like a ping-pong ball, the mediator bounces back and forth between the rooms to communicate settlement offers and help you all problem solve your issues. Unless you give the mediator permission to, he or she cannot disclose anything you say in your room to your spouse. For instance, a mediator cannot be called as a witness to tell the judge anything that you or your spouse told him or her during the mediation session.

Where cases go if they don’t settle- trial

For every ten divorce cases that are filed in Texas, I would say between one and two of them end up going all the way to a trial. The reasons why your divorce may not settle can vary. The circumstances themselves may make it very difficult. You or your spouse (or both of you) may have a mindset that a settlement is not possible. In which case your likelihood of going to trial skyrocket.

What you have seen on television and in the movies suggests to you that a trial is a situation where anything goes, mud will be slung and problems only get worse. That is not the reality of the situation. The reality is that a trial is rarely observed by anyone beyond you and your spouse. Galleries full of people whispering and gasping at the various turns of events are quite rare. A friend or family member may sit in the gallery and watch the proceedings but even this does not occur with all that great amount of frequency.

Your attorney and you likely would have spent a great deal of time preparing for your trial. You and your spouse will testify about issues related to property and your children. There may be other witnesses who will testify for and against you. Evidence will be offered by each attorney and whatever evidence makes it into the record will be available for the judge to weigh when he or she arrives at their decision(s).

At the end of your trial, the judge will issue his or her rulings on all of the issues submitted to the court. Once this happens either your attorney or your spouse will take those orders and put them into a final order called a Final Decree of Divorce. This is an important step because you will want to make sure that everything put into the mediated settlement agreement (MSA) comes out in the Final Decree. If something happens years from now and requires your return to court in order to hold your spouse responsible for violating the order you will need the relevant order to be clear and otherwise able to be followed.

Prove Up Hearing

Most courts in Texas require that you or your spouse attorney a brief, uncontested hearing known as a prove-up hearing with your attorney in front of the judge.

Basically, the judge needs to make sure that you understand what you signed your name to. Your attorney will ask you a series of yes/no questions where you will answer each of them “yes.” Once the judge is satisfied that your children are taken care of and all property is divided that needs to be he or she will grant your divorce.

Questions on divorce? Contact the Law Office of Bryan Fagan, PLLC today

Houston Family Law Lawyers: If you have any questions about your own divorce, then please contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations six days a week with one of our licensed family law attorneys. We take a great deal of pride in representing the people who live in our community achieve whatever goals they may have. It would be an honor to help you and your family do the same. We hope that the past few blog posts on divorce have been interesting and have taught you a thing or two in the process ... Continue Reading

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Divorce in Texas: How to separate from your spouse with your sanity and wallet intact

On the off chance that you have require a best reasonable Texas Divorce Law encounter, Divorce in Texas: How to separate from your spouse with your sanity and wallet intact with the immense procedure!

Houston Family Lawyer: 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 will talk about how they’ve been separated from their spouse for five years, ten years or sometimes more.

When they’re asked the reason why they’ve waited so long to divorce their spouse the response usually has something to do with cost. Either they believed that a divorce attorney would charge them too much or that their marital estate was too insignificant to bother getting divorced in the first place.

From my experience working with clients, I think a big problem people have when they consider getting a divorce is that they immediately jump to the conclusion that the divorce is going to cost an arm and a leg and there’s nothing to prepare for it or do about it.

While a divorce can be expensive it does not have to be. What’s more- there are some straightforward steps you can take to prepare yourself financially for a divorce. This blog post will feature some tips to not only get ready for a divorce but also live comfortably after your divorce is finalized.

Become better organized

Divorce Lawyer Houston: When your life is off kilter and it seems like any normalcy that had existed is no longer there, the best thing you can do for yourself is create some predictability. Becoming organized can help to create this sense of predictability by ensuring that the essentials that you need are always in the place you need them to be.

A divorce will also see your life populated by more commitments than normal- meetings with your attorney, meetings with your financial advisor and court dates to boot. Organization can help ease you into this new routine and make you feel more comfortable.

Determine what your needs and wants are as it pertains to property

One of the final stages in any divorce negotiation concerns property. The theory is that if all of the other issues are already settled- the children, child support, spousal support, the family home, etc.- then dividing up the china and the collection of DVDs will be a walk in the park.

Not so fast. I’ve seen many divorces stretched out for weeks or months because the parties cannot agree on who will end up with what “stuff”. If an object has sentimental value to you then that’s a different story, but if what you’re fighting over is $20 worth of rings (this actually happened) made of plastic maybe consider your sanity and attorney’s fees spent in attempting to get those rings back.

Go back and review how you and your spouse have spent money since getting married

Houston Divorce: Where has the money been spent, what type of housing have you lived in and what sort of investments (if any) have been made? This will help you determine where the successes and failures have occurred in your financial life so that you can make changes where necessary or stay the course where applicable.

If you see that you’ve been living the life of someone who earns double what you do it would be a good thing to take inventory of your decisions and think about a more realistic course for yourself post-divorce.

Stop Living Beyond Your Means

If you have been living beyond your means a divorce is a good opportunity to go home, cut up your credit cards and utilize cash instead of credit

Debt is a burden, simply put. It creates an indentured servitude relationship between the borrower and the lender. Money that could be spent saving for retirement, planning for your kids’ college education or on charitable endeavors is allocated for a financed item instead.

Forget about trying to rebuild your credit- eliminate debt by paying it off and refusing to go back. Once your divorce is done and over with you will have an opportunity to start new without your spouse’s habits hindering you.

Talk to your kids and reinforce the important things in life when you do.

Houston Family Lawyers: Depending on how old they are, your kids will know that you and their other parent are getting a divorce. They do not have to (and should not have to) know all of the gory details but one thing they should be absolutely sure of is that both of their parents love and care for them.

By having a discussion with your kids to remind them just how lucky they are and how lucky you are as a parent to have them as kids you can seize the opportunity to strengthen your relationship with them. What’s more- this conversation costs you nothing and will give you peace of mind that no amount of money can buy.

Research the Divorce Attorney You are Going to Hire

Finally, do your research when hiring a family law attorney, but hire an attorney. Many people think that their divorce is the one that will not take too much time or too much money to complete. The issues are simple, the money involved is small and nobody has time to fight anyways.

Well, many past clients of the Law Office of Bryan Fagan, PLLC have thought these things only to find that their divorce was not as simple as they thought. Other people have made mistakes procedurally in filing the divorce or drafting documents and they’ve had to go back to the drawing board to make corrections.

Ultimately in a divorce, time is money. Spending money at the outset of your case on an honest and communicative attorney can make all the difference in the world.

The Law Office of Bryan Fagan, PLLC: Client First Family Law Attorneys

Houston Family Law Attorney: After representing clients from across southeast Texas over the course of many years, the attorneys at the Law Office of Bryan Fagan, PLLC have come to learn that a client first attitude isn’t just what we are mandated to do as attorneys. It is the right thing to do. If you believe that a divorce is necessary in your own life but don’t know where to start contact the Law Office of Bryan Fagan, PLLC for a free consultation. One of our licensed family law attorneys can assist you by answering questions and reassuring you on your particular situation in a one on one conversation ... Continue Reading

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Prenuptial Agreements in Texas

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Prenuptial Agreements in Texas

Divorce Lawyer Houston: 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 as it does, the document:

> acts as a contract between the parties that > will determine how their property is handled in the future should the marriage relationship end.

The Requirements

The basic requirements for a prenuptial agreement to be enforceable in Texas are that the document must:

> be in writing > be signed by both parties > both spouses disclosed assets and liabilities prior to signing the agreement and > both spouses waived the right to further disclosure.

Challenging Prenuptial Agreements

If it comes to light that either party did not sign the agreement voluntarily or that one party signed without knowing the full breadth of the financial situation of either party then the agreement may be deemed unenforceable by a Court.

Determining the Rights to Property

Deciding what rights and responsibilities each party to the marriage will have to any piece of property is a definite positive aspect to signing a prenuptial agreement.

This is true no matter who bought the property, when it was bought or who currently owns it.

Why Sign a Prenuptial Agreement?

Houston Divorce: The reasons why parties may want to sign a prenuptial agreement are varied and many.

Inheritance Planning

For starters, the distribution of property upon the death of one of the parties in order to avoid certain pieces of property going to a person’s spouse is one reason.

In this way, the prenuptial agreement acts as a de-facto estate planning document. Inherited income from a person’s family or other property the intent of which was to remain in that family’s control may not work out that way if that property becomes community property because of intermingling in the other spouse’s property as well.

Financial Planning

The attorneys with the Law Office of Bryan Fagan, PLLC also see clients who wish to enter into a prenuptial agreement in order to maintain the financial integrity of the marriage prior to the day that vows are actually exchanged.

For example, if one party to a marriage has a significant amount of debt but not all that much income it is sensible to utilize the protections offered under a prenuptial agreement in order to keep the spouse with no debt’s income separate.

The careful organization of assets, income and property is obviously a requirement for this to be a possibility. Those people that own a business can see benefit from signing a prenuptial agreement by shielding your business and any investors/partners you may have from having those interests become part of the community estate.

Prenuptial Agreements Cannot do Certain Things

Houston Family Lawyers: A prenuptial agreement cannot do everything, however. Public policy or State law cannot be violated, obviously.

A prenuptial agreement cannot defraud creditors that are already in place either. Avoiding a lien or a creditor’s phone calls by making all of your separate property the property of your soon to be spouse is not something that a Court can enforce.

A prenuptial agreement can, however, be structured to make sure your spouse’s property from your creditors. Convincing a Court that you did not enter into the agreement voluntarily is a way to get out of the agreement but this can prove difficult.

The prototypical example of having a gun held to your head is applicable here. Unless a person can show a judge that something akin to this has occurred the document will most likely be held to be enforceable. Two adults that sign a document together typically means the document will not be overturned by a Court.

A less frequently considered benefit of entering into a prenuptial agreement is if either party has children from a prior marriage there is likely to be a child support obligation that is current. By signing a prenuptial agreement ensures a party that owes child support ensures that their assets are protected for their children in the even that something were to happen to them.

Postnuptial Agreements

Houston Family Lawyers: A marital property agreement, also known as a “post-nup” function very similarly to one another. The big differences are obviously when they are entered into (before the marriage vs. during the marriage).

Marital property agreements are also written as partition and exchanges between the parties. This means that spouses can either agree to split pieces of property into his and hers separate property, or they can agree to trade one piece of property for another.

The key part of a prenuptial agreement is to take property that would ordinarily be considered to be community under the law in Texas and make it the separate property of one spouse. Instead of having a marriage where some of the property is separate and some of it is community, parties that enter into a prenuptial agreement can actually make all property one or the other. In the event that a divorce is necessary, the process can be streamlined to a great extent. Whatever items are not covered by the prenuptial would have community property laws of our State applied as in most divorces.

To find out if a prenuptial agreement is right for you and your soon to be spouse, please contact the Houston divorce lawyers at the Law Office of Bryan Fagan, PLLC. Our office has years of experience drafting agreements that stands to benefit both parties to a marriage and can help create a peace of mind for clients for years to come. A consultation with our office is free of charge and will be with a licensed, practicing family law attorney ... Continue Reading

[mpathicoracle]

did you think i was just gonna leave this post at this for the day? psh nah

have i left my desk at all today? lol no. mind ya business lmfao

anyway have the strilonde chaos (tw for alcohol, family death, emotional/psychological familial abuse mention. we all know how tragically painful the strilonde family is, and i love angst, so read with extreme caution ig)

The Strilonde family tree is honestly hella complicated and makes it seem utterly...concerning, one would say, but lack of information between certain parties made it weird.

So first we got the Lalondes, French-born and raised in the US, Radelle ("Alpha" Mom) and Robin ("Beta" Mom). Due to unknown familial issues, they were separated at ages 8 (Radelle) and 4 (Robin) into two different foster homes and, for a long time, lost contact with each other.

Then there were the Striders, raised in good ol' Texas, US, Derrick ("Beta" Bro) and Daniel ("Alpha" Bro). Due to their own familial issues, which neither talked about literally ever so technically very unknown, they were also placed in separate foster homes at ages 7 (Daniel) and 5 (Derrick). They didn't have contact until they were in their teens, and even then it was hard to stay in touch.

Daniel and Radelle ended up being placed in the same foster home, knowing each other as foster siblings. Radelle had a fling with a man when she was in her early 20s and had Roxy, the man apparently not wanting to raise a kid and dipped. Daniel had actually married for a time and had Dirk, but the wife divorced him as he was "too distracted by his damn movies," leaving him alone with Dirk, much to his chagrin.

Now, on the other side of things, Robin ended up meeting Derrick in college and they hit it off for a time. Robin was very much a party girl, which Derrick took interest in. Robin found herself pregnant with twins (Dave and Rose) and both dropped out of college to attempt to handle the pregnancy. Not long after the twins were born, though, they began to have... issues. Robin had still kept her old party-girl ways and was a bit of an alcoholic, and Derrick's own brash personality clashed against her own lax personality, so they divorced. Robin took Rose and forced Derrick to take Dave.

Not long after their divorce, Derrick came back into contact with his brother, asking for help "raising the little squirt," having heard Daniel had a kid of his own and had no issues raising him. Daniel agreed, helped his younger brother get a bigger, better apartment, and helped raise Dirk and Dave together (although he took most of the responsibility for a time), moving them away from Texas to NYC.

Robin, unsure of where to go with Rose, finally came back into contact with her long-lost sister and moved into her famous-author sister's home in upstate New York. The two of them, despite Robin's alcoholism, co-existed just fine and raised Roxy and Rose together as if they were sisters of their own.

By the time Roxy and Dirk were about 13, Radelle, Roxy's mom, was murdered, shot and killed in a drive by. It broke Roxy and she fell into the same habits as her aunt, unbeknownst to her aunt and cousin completely (Dirk knew, but he also knew he couldn't stop her, not when they were just kids). Daniel, Dirk's dad, tried to find the ones who killed his foster sister, and also lost his life in the process. Dirk fell into legal custody of Derrick, and Roxy to Robin.

hc and whatnot time!

Rose and Dave are only 10 minutes apart, Rose being older. She greatly enjoys rubbing that in his face, much to his chagrin.

Dirk is older than Roxy by 9 months. Despite that, Roxy bosses him around and acts like the older one more than he does, because she knows he won't stop her.

Dirk and Roxy aren't actually related by blood, either. Only by a simple technicality, their parents being foster siblings and all.

Dirk/Roxy are just about 3 years older than Rose&Dave.

Having a mother as an alcoholic, and later a cousin who did it in secret, Rose of course fell towards psychology to cope. Psychoanalyzing everything anyone does ended up making her a little paranoid of people for a time, until Kanaya later helped get it out of her system, for which Rose is eternally grateful.

Derrick ("Beta" Bro) hated being referred to as "Dad" or "Uncle," so he made Dave and Dirk call him "bro" up until his own death. Dirk always found it uncomfortable, but for the longest time Dave never paid it much mind. He was also incredibly manipulative, just as he was when he was still briefly wed to Robin ("Beta" Mom). It didn't faze Dirk as much, he found it a nuisance and would pull the same tricks right back on his uncle, but, again, it deeply affected Dave to the point where he found it incredibly normal. It was until he was a teenager that Dave found issue with it, which took him a long time to get over (#traumalol)

Dirk is, quite honestly, the smartest, most intelligent out of the 4 of them, IQ quite high. He ended up moving out at 16, Roxy eventually following him, and made a living for himself alongside his monthly allowance from the state after Daniel's death. Roxy, having been an alcoholic for 3 years, moved in with Dirk so he could keep her in check while she made the slow process of quitting.

When Dave and Rose's parents died, Dirk made a legal case to take them in and won, gaining legal custody of the two at barely 17. With Dave and Rose in the apartment with Roxy and Dirk, it really helped push Roxy to quitting, as she didn't want to disappoint them either.

Dirk, after the dating mishap with Jake (which, as previously mentioned, they made amends later in life), refuses to label himself as anything, mostly saying he just "has a preference for men, but doesn't care about what it's called". Roxy, rarely, likes to poke fun at him for it, but she knows it's his business if he wants to use a label or not.

Roxy ends up being demisexual panromantic, has an almost on-and-off thing with Calliope for a time while she was in the early stages of AA recovery, but ends up with her for good later in life, closer to adulthood. She's too full of love for her own good, and makes a point to show it every day, similar to Jade. She shows affection, especially platonically, in lots of touch (cuddles, hugs, etc.)

Rose is, naturally, lesbian and ends up marrying Kanaya in their 20s. Did you expect anything else?

It took Dave a long time to realize it for himself, as he wasn't really in-touch with his emotions for the longest time, but found himself as gay, becoming in a close relationship with Karkat. As mentioned in the previous reblog, they move in with Jade, who doesn't mind either way. Karkat is, honestly, one of a very rare handful of people (aka his cousins and sister) who he trusts enough to let his walls down. Karkat helped him with that in the first place, after all.

Roxy has, like, 5 cats in their apartment when they're teens. Dave is mildly allergic and she and Rose find it absolutely hilarious, especially when the smallest, which Roxy of course named Vodka Mutini, tries to cuddle with Dave.

does anyone wanna hear my personal humanstuck homestuck au hcs and stuff that's been in my brainspace for years now but I've never had the strength to actually write that shit cuz ain't no way in hell I can fluidly write 30+ characters simultaneously while matching up the timelines right-

would anyone wanna hear it-

[freelancesumandas]

Representing yourself in your divorce? Be sure to consider these popular divorce myths

Divorce Attorney Houston: Yesterday we introduced a topic that is an important one in my opinion, namely, popular myths that if believed could harm you during your divorce. Specifically, I noted that myths and untruths couldn’t harm you all that much if you have an attorney but if you are trying to represent yourself then that is not the case. The things you don’t know and the things that you know that aren’t true can all come back to bite you in the rear-end when your divorce is all said and done.

Today we will continue along our track of providing you with a whole lot of truth and some commentary about those truths. Specifically, we will discuss topics ranging from the reasons why you can get a divorce in Texas to just how much fighting actually goes on in a typical Texas divorce.

Divorce is a battlefield no matter what

You and your spouse are probably not too happy with one another if you are considering a divorce. I realize that this is not a super profound statement but it is true nonetheless. Something has caused one of you, perhaps both of you, to want to move towards a divorce. The reasons could literally be anything under the sun but the overall point I am trying to make is your anger/mistrust/apathy has you on the verge of ending your marriage. It is reasonable to conclude, then, that a war of words is about to ensue, right?

Not necessarily. In fact, most divorces are not the full on, drag out mudslinging events that we see in movies and television. Those folks want drama, excitement and anything else that captures the imagination and attention of us as the viewing public. The reality is that divorces are usually pretty straightforward and rarely see the inside of a courtroom.

That’s not to say that divorces are all easy and never end up having awkward or personal moments. This is a marriage that we are talking about so there are all sorts of emotion/history/relational aspects that will need to be sorted through before the case is over with. However, the process is long and pushes you both towards settlement rather than courtroom battles. If it is drama and fighting that you expect in your divorce then you will likely be left disappointed.

Take mediation, for example. Mediation is a process by which you and your spouse mutually agree to a third party attorney who will help you and your spouse settle the outstanding (yet to be settled) issues in your case. This process takes a half day in most cases and sees the mediator act like a ping pong ball- bouncing in between you and your spouse (who are in different rooms) in order to reach a settlement. The judge in your case will likely require that you mediate your case at least twice before coming in to see him or her. Your case likely will be less about fighting and more about finding middle ground.

Your teenagers get to choose who they live with

This is a rumor that people who are seeking attorneys hear about as well. The most popular notion that I have heard about in relation to this idea is that once a child reaches age 13 the child has a right to talk to the judge about which parent he or she wants to live with primarily. With this untruth in mind, parents will come in to talk to me with full confidence that their child is going to end up living with him or her based on the aforementioned myth.

For context, understand that judges make decisions regarding children based on what is in their best interests. There is no standard in the Texas Family Code for what is in the best interest of a child so each judge creates their own subjective interpretation with a few guiding principles mixed in.

The actual legal standard is that a child can speak to the judge about this issue if a parent files a motion to have the child do so. If the child is over the age of 12 the judge must allow for this to occur. If the child is under the age of 12 it is up to the judge to determine if the child is mature enough to do so. Either way, the judge will not be bound by the opinion of the child. He or she will use that opinion along with other evidence and circumstances to make a determination as to where your child should live primarily.

No child support means no visitation

Divorce Lawyer in Houston: Unfortunately it can happen that some parents do not pay child support that they have been ordered by the court to pay. This is harmful to the child, specifically, but when a parent needs this money in order to budget out the following weeks this can put an entire family in a bind. I have had confused parents tell me that their belief and understanding is that if their ex-spouse fails to make timely and full child support payments that they can then withhold visitation with the child.

This is not true. You cannot withhold visitation from a parent who fails to make timely child support payments. By the same token, a parent cannot withhold child support simply because visitation is being withheld from him or her. The state of Texas has laws like this on the books in order to keep parents from using their children as bargaining chips in post-divorce battles. If your spouse does not allow you visitation with your child or is not paying you child support you would need to file an enforcement suit against him or her. Failing that, you must continue to pay your child support and must allow the other parent time with your children as ordered by the court.

Child support is optional

In most every divorce case, the parent with whom the child does not live with primarily will be ordered to pay child support. Even if you and your spouse agree to a divorce and then go about getting the divorce on your own without an attorney it is likely that the judge will order that some child support be paid unless you can prove that doing so is not in the best interests of your child.

A divorce cannot be completed until you submit your final decree of divorce, along with other documentation to your judge. Then, you or your spouse will need to appear in front of the judge to have him or her review the documentation and formally divorce you both. If he or she does not see that child support is a part of your decree it is likely that you will be asked questions as to why it is not. Divorces can be held up for this reason.

Child support doesn’t mean that your spouse can just choose any number out of the blue and have you ordered to pay that amount. Rather, it is a set number based on your net monthly income multiplied by a percentage (20% for one child, 25% for two and so on up to 50%). It is one of the more straightforward parts of a divorce in most cases.

Concerned about divorce? Contact a family law attorney before moving forward

Houston Divorce Lawyer: It is understandable to be worried and intimidated when it comes to divorce. These are important issues that you are going to be deciding and can impact your family for years to come. You want to make good decisions not only for yourself but for your children.

An experienced family law attorney can help you pinpoint the specific issues that are most important to you and your family. The Law Office of Bryan Fagan, PLLC offers free of charge consultations six days a week with licensed family law attorneys where your questions and concerns can be address in a comfortable environment. We take great pride in representing people in our community just like you. Thank you for your time and interest in today’s subject and we hope you will return tomorrow to learn more about Texas family law ... Continue Reading