The court will generally determine child custody. The main factor is defined under Texas Family Code 153.002, or the best interests of the child. A judge must consider the child’s best interest when making decisions about custody, visitation, and child support.

If you have children and are divorcing or otherwise splitting up with the child’s other parent, you will need to address the topic of child custody. This means you should be familiar with the terms and processes.

After a divorce, most people do not want to rush into another relationship, let alone another marriage. But there are some who get a boyfriend or girlfriend while married or shortly after the divorce filing and want to make things official with them as soon as possible.

Dealing with a loved one’s death can be devastating. Not only are you dealing with the grief of your family member’s passing, but also their estate.

When a couple with children splits up — whether or not they were ever married — one thing that needs to be decided is child custody. Many parents seem to think they can request sole custody and get it, but that is not often the case.

When a loved one dies without a will, their estate has to go through what is called the probate process. Probate refers to the process of validating a will and distributing assets.

After a divorce or breakup involving children, you and the other parent will likely have to co-parent. This can be hard to do following a divorce, as there will need to be solid communication between the parents.

Co-parenting after a divorce can be stressful. When your child was under your roof 24/7, and you had 100% child custody, you could monitor who they spent time with to a large degree.

According to the famous saying, everything is bigger in Texas. But this does not apply to alimony payments in the state.

In a divorce, all marital assets and debts are divided according to state law. States either follow equitable distribution or community property laws.

When a person decides to divorce, they may want a fresh start. This may mean moving to a new city or even out of state. But is this possible during divorce proceedings, before the divorce is finalized?

The divorce rate is currently around 50% and that number may be much higher if everyone who wanted a divorce got one. Many people never follow through with divorces because they claim they cannot afford a lawyer.

Alimony (spousal maintenance) is “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse” (Texas Family Code Sec. 8.001). It is granted after some divorces in Texas.

Divorce is a part of life for many people—and in some cases, it does not take long for a couple to realize that they want to go in another direction.

Are you a parent of young kids and/or teenagers in Texas who is going through a child custody case? You may be wondering what the judge will be looking for when making a decision.

Divorce is hard. One of the most contentious issues is determining how to split up property. Texas is a community property state. All of the assets that are deemed marital property are inherently considered to be jointly owned by the spouses.

Adoption is an amazing way to grow your family. You change your life and change the life of a child. According to data from the Adoption Network, there are more than 4 million people in the United States who were themselves adopted.

Texas is one of a minority of U.S. jurisdictions that operates under a community property standard. Under Texas law (Texas Family Code Sec. 3.002), community property is defined as “the property, other than separate property, acquired by either spouse during marriage.”

When someone passes on in Texas, their property and assets must be identified and distributed to their heirs. As you likely already expect, this can be a complicated process.

Getting a divorce is invariably hard. If you are feeling the stress and the pressure that comes with the divorce process, please know that you are navigating a road that many other people have been down before.

Getting divorced in Pearland, Brazoria County, or elsewhere in Southeast Texas? The process can feel like it drags on and on.

Are you a divorced or separated parent in Texas who needs to relocate? If so, you probably have a lot of questions about how your move will impact child custody.

Property division is often one of the most contentious issues in divorce cases. If you are preparing for a divorce in Texas, you may be wondering: Who will get to keep the car?

Child support is a financial payment made by one parent to another following a separation or divorce. The funds are designed to assist with the costs of raising the child.

A surrogate is a woman who becomes pregnant and carries a baby for someone else. A gestational surrogate—through in vitro fertilization (IVF)—means that the surrogate will not be biologically related to the child they will carry.

Unfortunately, not all parents are fit to provide care for children—especially for infants and toddlers. What happens when a parent is deemed unfit in Texas?

When it comes to certainties in life, like death and taxes, people are frightened of both. However, death is often the scarier of the two.

If you and your spouse are ending your marriage, you likely have a lot of concerns. You are probably wondering about your assets

Having an estate plan helps in protecting you, your loved ones, and your assets. However, there are some situations in which problems can arise.

Marital property in a divorce can represent significant amounts of money. Getting your fair share as part of a divorce settlement or final order can help you in rebuilding your life in the aftermath./p>

Going through a civil legal dispute is never easy. Whether it is a family law matter, a probate issue, or a business law case, it is normal to want to find an efficient and low-conflict solution.

If you are a divorced or separated parent with young children or teenagers, you are certainly not alone.

For parents, going through a divorce or separation can be especially daunting. Your relationship with your child matters.

Are you the parent of a recent or soon-to-be high school graduate? A child becoming a legal adult can be stressful for parents.

Divorce is often a complicated process. There are many elements to consider, especially if there are children involved. Even when there are no kids, there can be a lot of drama.

You may have heard about sole custody, shared custody, legal custody, and physical custody, but do you know about split custody?

Adoption can be an exciting proposition for a person or couple who is ready to expand their family. For some people, it may be a necessity after a child’s parents have died or had their parental rights taken away.

Estate planning can be an uncomfortable topic for many people. It involves discussing death, and many people delay this conversation. They think they will get around to it someday and that someday never comes. As a result, half of all people die without a will in place.

Many people don’t have any plan in place because they wrongfully assume you need to be a millionaire to need a will or trust.

Child custody is often a contentious issue in a Texas divorce. Both parents typically want custody of the child. Where will the child live?

Divorces can be frustrating. Having to end your marriage and split everything can be a huge ordeal. It is especially problematic when you cannot find your spouse.

Our Pearland, TX divorce attorney explains how, while federal law protects same-sex marriage rights, LGBTQ couples often face different and more complex issues in divorce.

When dividing a business in a Pearland, Texas divorce, be aware of your options and the steps needed to protect your ownership rights.

You are going through a divorce, and money is tight. You are not making as much money as your ex-spouse.

Getting divorced in Texas? You may have a lot on your mind.

We may not want to think about it, but death is inevitable. We are all going to face it at some point, so you might as well plan for it.

Estate planning is not something everyone wants to think about or discuss with others.

Estate planning is essential. Every adult should have an estate plan that has been crafted to meet their unique needs.

There are few things more difficult than dealing with the loss of a spouse. Even when it is expected and planned for, there can be many legal and logistical challenges.

Divorce happens. The most recent data from the Texas Department of State Health Services shows that between 70,000 and 80,000 married couples get divorced in Texas each year. People may separate from their spouse under a wide range of different circumstances.

A survey cited by the AARP found that a disconcerting 60% of U.S. adults lack basic estate planning documents. You are never too young to start the estate planning process. This raises an important question: What documents do I need to set up my estate plan?

Who doesn’t like pay raises? Getting a higher-paying job is always exciting, since the cost of living seems to increase all the time.

Most Texas parents want to do what is best for their children. They feed them, provide them shelter, and care for their medical needs.

Child custody and support are common issues in Texas divorces. If you are a non-custodial parent, you may be concerned about child support and whether the amount will change years after the divorce.

It is not uncommon for stepparents to become close with their stepchildren. But what rights do they have in a Pearland divorce?

Divorce is a complex process. A lot of the process involves property division, and the laws vary depending on the state.

Going through a divorce is one of the most emotional events a person can experience. There are so many elements involved, from asset division to alimony to child support to child custody.

When people start preparing for their eventual death, they are usually older—in their 60s, 70s, and beyond.

Making the difficult decision to end your marriage and filing for a divorce in Brazoria County is never easy. While there may be personal issues between you that make any interaction challenging

However, for many divorcing couples, the division of property is the most disputed aspect of divorce. Below, we will discuss how a divorce can affect your 401(k) assets and how you can prevent your soon-to-be-ex-spouse from withdrawing funds from retirement accounts during the divorce.

Transfer on death (TOD) accounts can help keep the decedent’s beneficiaries out of court because TOD accounts give the option to avoid probate and transfer the account directly to the decedent’s beneficiaries.

When most people think about estate planning, they think about wills and trusts that are intended to protect our homes, automobiles, and other types of physical property.

Vaccination has become a point of contention between divorced parents in many child custody cases. When awarding conservatorship and visitation rights upon parents’ divorce, Texas courts consider the best interests of the child.

The digital world continues to evolve and as it starts to touch every aspect of our life, it is important to consider how it will affect your estate planning. A new app called Clocr Inc.

A guardian may be a relative, family friend, legal or financial professional, or an agency. The individual or group charged with acting as a guardian may be specified in advance through a will or other estate planning documents or they may be appointed through the court when the need arises.

Spousal maintenance, often referred to as alimony, is among the many important issues that must be decided during a Texas divorce.

In any divorce case, there are important matters pertaining to marital property and assets which must be resolved before a final divorce order can be issued. These have the potential to impact you financially for years into the future.

Getting married is a huge decision. Before you enter into it, there are many things to think about. You will need to consider where you will live, whether or not you and your partner want children, how you will make decisions as a couple and resolve disputes, and more.

For many couples, going through the formal process of getting married just does not feel right. While people may love each other, they may decide that getting officially married just is not for them.

When you are thinking about a divorce, there are a lot of things that you will need to consider--and many things you will need to resolve with your spouse--before your divorce can be finalized.

Getting married can be a wonderful thing. And while some newlyweds may be in the honeymoon phase for weeks or months (or years!) to come, others may find that their relationship does not hold any marital bliss.

Debt is never a pleasant thing to think about and is an issue that becomes even more complicated if you and your spouse are divorcing. Indeed, if you are divorcing and you, your spouse, or both of you have credit card debt, you may be wondering how that debt will be divided in a divorce. At the law office of John Powell III, P.C., our experienced divorce lawyer can answer all of your questions and provide you with counsel as you navigate the divorce process. Call today for your free consultation.

You might think that your marital status has nothing to do with your rights as a father in Texas, but you would be wrong. If you are unmarried at the time of your child’s birth, it is very important that you learn about our state’s paternity laws and your rights as an unmarried father. For answers to all of your tough questions about your rights as a father, call the office of John Powell III, P.C. today

One of the hardest parts of getting a divorce is not just walking away from your spouse, but also dividing assets that are meaningful to you both. Of those assets, the one that results in the most contention may be the house. At the law office of John Powell III., P.C., our experienced family and divorce law attorney can represent you if you are getting a divorce and you both want the house.

When creating an estate plan, there is a lot to think about. For example, not only will you need to make decisions about how your assets and property should be distributed, but you will also need to name an executor/administrator of your estate and, if you are holding assets in a trust, you will need to name a trustee.

At the law office of John Powell III, P.C., our family law attorney recognizes that a child custody arrangement that you and your ex-spouse maintained prior to COVID-19 may no longer be appropriate in today’s reality.

When you create an estate plan, you do not want to just be thinking about ways of saving money or passing on assets to beneficiaries; you also want to be thinking about how to protect your assets in the event that you or someone you are passing assets to encounters financial turmoil.

When a person dies in Texas, his or her estate will likely pass through the probate process. However, not all estates must pass through probate, and even if an estate is required to go through probate, not all assets are subject to the probate process.

It was in December of 2019 that President Trump signed the SECURE Act into law, and it has greatly changed retirement plans and the rules surrounding them.

When facing divorce, it is natural to have questions about what to expect. People often wonder what their life will be like after divorce, and what will happen during the process.

In the aftermath of a loved one’s death, settling his or her estate is one of the many tasks that must be completed.

If you are filing for divorce from a business partner, the same laws apply as in other divorce cases. However, maintaining your business and deciding how it will function in the future will be the biggest challenges.

During these unprecedented times, it can be difficult not to panic when thinking about the possibility of contracting coronavirus. These COVID-19 fears, which are particularly prevalent among older adults, have forced many to think about the inevitable.

The rights and best interests of the victims are fiercely protected in these divorce proceedings. The following details what to expect and how accusations of domestic violence are likely to impact your case.

Cryptocurrency presents new challenges. Understanding what it is and how to obtain evidence of these assets can make a major difference in the overall amount you are entitled to in any divorce settlement.

The legal profession has become incredibly popular in recent years. More and more young people are heading to law schools all over the country and just like anyone else, they hope to get a job after they graduate with their law degree.

The legal profession has become incredibly popular in recent years. More and more young people are heading to law schools all over the country and just like anyone else, they hope to get a job after they graduate with their law degree.

When getting a divorce, you will inevitably face many changes. Your family structure will change, you may not see your children as much, and you may also incur new debts such as alimony or child support.

Estate planning is important, however, particularly for new parents and any parent with minor children.

When a marriage is not going the right way, many couples opt for divorce. However, some agree to a legal separation if they think they can work things out. Some couples also opt for legal separation due to religious reasons, since divorce is sometimes frowned upon.

Going through a divorce is challenging enough. Add physical or emotional abuse to the mix and you are looking at a dangerous situation. Domestic violence is a serious situation in a marriage. It can be hard to leave such an environment. You may be scared of your partner’s reaction to you leaving, especially if you have been physically abused in the past.

Nobody goes into a marriage looking to get divorced, but people and situations often change over time. When spouses can no longer get along with each other, it does not make sense to continue living in a miserable marriage. That is why divorce is an option.

If you and your child’s other parent are not married or living together and you do not have custody of your child, you are legally obligated to make child support payments. The amount of child support that you must pay will be set by the court, and you have a legal obligation to make these payments on time and in full.

Before a divorce can be finalized, the parties in a divorce must reach an agreement about how to divide property and assets, as well as any debts the parties have. While parties can reach an agreement about these issues outside of court through mediation and negotiation, sometimes, a court must intervene.

Divorces can be difficult and emotions often run high throughout the process. This is particularly true when the couple has accrued a high net worth or when there are children involved. The tension and stress involved in these cases can sometimes cause people to act too quickly or to avoid taking action altogether. When this is the case, it causes some people to make mistakes that will have a negative impact on their final divorce judgment or settlement.

Collaboration and mediation are methods for divorce that are becoming more popular today. Both of these approaches focus on bringing the couple to an amicable and respectful agreement without the need for litigation. While the two are very similar, they do have their differences.

Extramarital affairs are becoming quite common, and they can wreak havoc on a family. When the extramarital affair produces a child, it can create even more anger and frustration, and some confusion.

When going through a divorce, finalizing any of the terms can be complex. Dividing assets and debt, however, is one of the most frustrating and complicated elements of many divorces. Texas is known as a community property state.

Parents in Texas have a legal obligation to provide financial support for their children. If you are divorced or no longer with the other parent, a court order for child support may be issued in your case. ..

Along with the emotional fallout of a breakup, the financial ramifications can impact you for years to come. If you relied on your spouse’s income to maintain financial security over the course of your marriage, you may be entitled to spousal support...

There are numerous issues to consider when creating a child custody plan. In addition to the parents’ needs and scheduling concerns, there are special considerations that come into play with children. Age and developmental levels are major factors, as are their school, sports, recreational, and social activities. The following provides some basic information on creating a parenting plan and tips for addressing your child’s current needs...

For unmarried parents and those going through a divorce, matters pertaining to child custody are among the most hotly contested. In addition to protecting your own rights as a parent, you want to be sure any arrangements are in your child’s best interests.

Co-parenting, also called shared parenting, is when both parents work together in order to raise their kids despite the end of the romantic relationship or the marriage. Working together to co-parent can be better for everyone in the long run, as you do not want any further issues with your children struggling to adjust after the divorce or breakup...

What you are entitled to when your parents pass away is determined either by statute or by your parents’ express wishes. If they pass away without a will, their estate will be divided up based on intestate rules, which are the rules that apply when someone passes away with no will and/or trust that governs what happens to that person’s estate...

For couples who are experiencing marital difficulties and contemplating filing for divorce, time spent apart from one another can provide a much needed break while allowing you to get some perspective on the relationship...

For many couples, the decision to seek a divorce is made after long months or even years of trying to ‘work on’ their marriage...

Negotiating child custody arrangements can be complex. In addition to disputes over the actual amount of time you get to spend with your child, there are also numerous financial matters to decide...

Going through a divorce is stressful, no matter the circumstances. It can be particularly painful when there are children involved. As the result of your breakup and depending on any child custody arrangements made in your case, it can impact your relationship with your children and your rights as a parent for years to come...

Parents often have strong feelings about their role in their child’s life and strong opinions about how their children should be raised. If parents feel that a child custody order is unfair, threatens their parental rights, or puts the relationship between them and the child in jeopardy, they may be tempted to take the law into their own hands...

Sweeping changes were made to the federal tax code over the past year. While most people were originally optimistic that these changes would put more money in their pockets, the fact is they could have some negative impacts, particularly if you are separated from your spouse or contemplating a divorce...

In addition to the emotional impact of going through a divorce, it can jeopardize your current and future financial security. As part of your divorce proceedings, you need an experienced Texas divorce attorney to ensure you get the maximum amount you are entitled to in terms of property division...

In addition to the emotional impact of going through a divorce, it can jeopardize your current and future financial security. As part of your divorce proceedings, you need an experienced Texas divorce attorney to ensure you get the maximum amount you are entitled to in terms of property division...

It can be an unsettling feeling to think about the end of your life. However, soon or later, death is inevitable, and when your time comes, knowing that you have a plan in place to provide for your loved ones and the management of your estate can provide peace of mind...

Getting a divorce can be a difficult decision, especially for parents with children. There is a common belief--which often proves to be true--that divorce has a negative effect on a child’s development and well-being...

At the time that you say “I do,” you are surely not thinking about a divorce down the line. Unfortunately, however, there may come a point in your marriage when divorce starts to feel inevitable. If it does, having an exit plan in place can help...

Many people, especially those who are young, think that creating an estate plan is something that is only necessary if you are a high-asset individual, or if you are nearing the end of your life. This is far from true; nearly everyone can benefit from putting together a basic estate plan, and a will is one of the most essential estate planning documents...

If you are engaged to be married and are getting ready to plan your wedding and your life with your partner, thinking about the creation of a prenuptial agreement is recommended. While prenuptial agreements are not for everyone, they can be useful and appropriate for many couples...

The first reason you should meet with an attorney and start to put together an estate plan now, even if you are a young millennial, is that the future is unforeseeable; you never know when an unexpected event might occur that leaves you incapacitated, disabled, or deceased. Having documents like a power of attorney, healthcare directive, and living will in place can provide peace of mind in the event that you are incapacitated...

Getting a divorce is no doubt a complicated time, both financially and emotionally. While you have a lot on your plate right now, there is another thing that you need to think about if you and your spouse are parting ways - your estate plan. ..

Step parents can become an important part of a child’s life. As a step parent, going through a divorce can be especially challenging. While step parents certainly have the exact same rights as everyone else in regards to financial issues like..

According to the Texas Department of State Health Services, the crude divorce rate for the state in 2016 is 4.2 per 1,000 residents. When hearing this figure, many people wonder, what does this number actually mean? Without significantly..

Like all other couples, some same sex couples are now dealing with the issue of divorce. This raises complicated questions, as same sex divorce is still very new in Texas. Here, our..

Family law issues are not static. A child custody agreement or court order that made sense when it was put into place may no longer be appropriate or effective after a few years have passed...

For many couples, one of the most complex, sensitive issues is the family pet. As both partners may have developed a close attachment to the pet, it can be difficult to decide exactly what to do with...

Going through a divorce is never easy. Even in the most stable and amicable of situations, a divorce can be deeply emotionally challenging. Of course, many people who are going through a divorce are not..

The Latest Research on Technology and Divorce is Mixed; But there are Some Worrying Signs ..

Following a divorce, many people eventually find themselves in a new relationship. If you are a partner who was ordered to pay alimony (spousal support), your new relationship or your potential remarriage is very unlikely to affect your alimony obligations in any manner. However, if you are receiving alimony..

It is natural for young couples to want to put off thinking about estate planning. Not only can estate planning feel like something that is ‘far away’, but it can also be emotionally uncomfortable to think about. Still, while the urge to put it off is understandable, estate planning is extremely important for young married couples. You are never too young to put an effective estate plan in place.

A divorce is challenging for all members of the family. For grandparents, it can be especially difficult to know what to do to support the family and where to turn to ensure that they will be able to continue having a strong, positive relationship with their grandchildren.

Getting Divorced in Texas? Stay Off of Social Media Until Your Case is Resolved. In the modern world, social media has become an almost ubiquitous part of many people’s lives. According to the most recent data from the Pew Research Council, more than 68 percent of Americans report that they use social media on a regular basis.

Marital Infidelity is Grounds for Divorce in Texas In Texas, couples can file for a divorce on ‘no-fault’ grounds or ‘fault’ grounds. To get a no-fault divorce in Pearland, TX, a married couple only needs to establish that there are ‘irreconcilable differences’.

Four Tips to Prepare Yourself for a Conversation About Getting Divorced. Are you considering filing for divorce in Pearland, Texas? If so, you are certainly not alone.

Couples headed toward divorce often disagree about the terms, including how to handle child custody and asset division. When you can't set the terms between yourselves, you will have to rely on the courts to make those critical decisions for you. That can leave you in a position where you have no power over the outcome of the divorce.

It's only natural to wonder what the likely outcome of your divorce proceedings will be, especially when it comes to significant assets. From your house to your fine art collection and retirement account, knowing how the courts view and handle various assets makes it easier to understand the likely results of your divorce. Retirement accounts, in particular, may be a point of contention for older couples facing divorce.