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Family Law Archives

What is a No-Fault Divorce in Texas?

A no-fault divorce is preferred by most divorcing couples because it can leave a lot of personal information out of the court case. The parties to the no-fault divorce do not claim or have to prove fault in the breakup of the marriage. The language used is: "The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation."

Who can Claim a Child as Dependent on Taxes in Texas?

Typically, only one parent can claim a child as a dependent. So, which parent claims a dependent child? Generally, the parent that has the child for the greater part of the year (over 50%), in other words the parent that the child lives with primarily, claims the dependent-exemption deduction for the child. Only he or she is allowed to claim the child as an exemption. However, the parent the child lives with primarily can give the other parent the right to claim the child as a dependent if certain requirements are met.

Common Law Marriage in Texas

A common law marriage is when a couple lives together for a period of time and holds themselves out to friends, family, and the community as "being married," but never goes through a formal ceremony or get a marriage license.

Governor Greg Abbott signs bills for "community-based foster care" and other major CPS changes

Governor Greg Abbott has recently signed a number of bills aimed at improving child protection in Texas. After much controversy over the broken system, lawmakers have been working to target major issues, providing the Texas Department of Family and Protective Services the options and resources to do what needs to be done for these children.

Parental Alienation - What to Avoid & How to Recognize Symptoms

Divorce brings out the worst in people, but that should never extend to children of the relationship. While parents sort out their dispute, they should do their best to shield their children from the nitty gritty details. Unfortunately, however, some take the divorce as opportunity to poison their children against the other parent-essentially demanding that a child choose "sides." This, in a very general sense, is Parental Alienation.

Don't Let Emotions Guide Decision-making in Divorces

Divorce can be a painful and difficult process to go through. Unfortunately, some people use their divorce as a tool for revenge and vengeance towards their spouse without realizing the price they will personally pay in the long run. It is not uncommon for spouses in the middle of a divorce proceeding to deliberately do things to provoke an emotional reaction from each other. Frequently, this causes unnecessary funds to be depleted and needless emotional heartache.

Co-Parenting in Separation and/or Divorce

"Co-parenting" is used to describe parents that are separated or divorced that work together to raise their children. In co-parenting circumstances, parents usually share responsibility for raising their children even though the parents no longer live in the same home together. When parents have a cooperative and supportive relationship in regards to their children, it benefits the children and the family altogether.

Tortious interference with inheritance rights in Texas--Yes or No?

Pending before the Texas Supreme Court is this very question: Does Texas law recognize a claim for tortious interference with inheritance rights? At this time, there is a split between Texas appellate courts. Courts in San Antonio, Houston, and El Paso have recognized a cause of action for tortious interference with inheritance rights. Austin has held that the cause of action does not exist and therefore cannot be enforced. The Fort Worth Court of Appeals, however, has not made an affirmative finding.