On occasion, a Will offered for probate does not reflect the true wishes of the person and the probate of that Will may be contested. The state of Texas wants to be sure the wishes of the testator (the person who wrote the will) are followed, but certain circumstances may show the Will is not valid. Will contests are frequently difficult and costly, and strong evidence will need to show the Will is not valid. How to Begin a Will Contest: Filing the Petition and Standing The first step in contesting the will is to file a petition in probate court after the will has been admitted. You … [Read more...]
Roadblocks in a Divorce Settlement
Almost everyone agrees that going through a divorce is stressful. For some, the process is more stressful than for others. Some spouses respond to the divorce by making the process difficult. They are uncooperative and make it almost impossible to work together to come up with their own settlement agreement. Some of the main issues that create roadblocks to settlement are fighting over the custody of minor children, wanting to be the “winner,” and having unreasonable expectations. Fighting Over Custody of Minor Children Generally, both parents are fit to have primary conservatorship … [Read more...]
Divorce: Do I Need a Lawyer?
It is possible to get a divorce in Texas without the assistance of an attorney. The law does not require you to have an attorney, and there are many websites that offer, for a small fee, to walk you through the process. A better question is “Should I get a divorce without the help of a lawyer?” There are some circumstances where a do-it-yourself divorce works, and you and your ex-spouse can walk into your future and not look back. There are also some cases where one or both parties look back with regret when they realize what they lost due to their divorce without legal … [Read more...]
Do I Need a New Will After My Divorce?
One important part of your divorce settlement agreement should be making changes to your will. There are unfortunate consequences if you fail to do this. Drafting a New Will After the Divorce If you have named your spouse in your will as the beneficiary of most of your assets when you die, that is who will inherit your assets if you do not change your will at the time of your divorce. It won’t matter how long you have been divorced. If your will remains unchanged, your named beneficiary, your ex-spouse, will inherit under the terms of your will even if you have been divorced for … [Read more...]
Mistakes Parents Make During a Divorce
Psychiatrists and psychologists concluded quite a few years ago that going through a divorce is the second most stressful life event. This is true even if both parties agree that a divorce is the right thing for them. Unfortunately, parents can get so focused on the financial and emotional aspects of how the divorce process is affecting them that they don’t pay enough attention to what is happening with the children. It is easy for them to make mistakes during the divorce that continue even after the divorce is final. Some Common Mistakes Parents Make During the Divorce Parents do not … [Read more...]
Do Mothers Always Get Custody of the Kids?
There was a time when people in general and family law courts presumed it was in the best interest of the children to give primary custody to the mother. In recent years, that presumption has changed in Texas and almost all other states. In Texas, when parents’ divorce, the law presumes that the parents should be "joint managing conservators." This means that they would share decision-making responsibilities concerning their children. This does not mean that the children’s time with their parents will be split equally. Types of Custody in Texas Texas has three types of custody, … [Read more...]
What Factors Do Courts Consider When Determining Child Custody?
Texas law has its own set of definitions concerning child custody and visitation. At our Springer & Lyle Denton, Texas law firm, we help our clients understand these legal terms as we work with them to develop a parenting plan that will address all the factors courts consider when determining child custody. Texas Child Custody Definitions Most states use the terms "custody" and "visitation" when determining which parent, the children will live with and which parent will have visitation rights. In Texas, custody is referred to as "conservator-ship." A parent who has the … [Read more...]
How STDs Can Affect Your Divorce
Dealing with a sexually transmitted disease (STD) in the context of divorce can be a sensitive situation. Providing Grounds for the Divorce While Texas is a no-fault state, meaning that you can file for divorce without having to show wrongdoing on the part of either spouse, you can also file for divorce with cause if circumstances show there has been fault. If your spouse has knowingly given you an STD, you may be able to file on grounds of cruelty and adultery. Cruelty is when one spouse acts in a way that causes physical or mental harm to the other, and adultery is when a person has … [Read more...]
When CPS Intervenes: Understanding Grandparents’ Rights in a Divorce
If you are a grandparent worried about your grandchildren’s future during a divorce that has resulted in the children being taken in by Child Protective Services (CPS), you likely want to know more about grandparents' rights in a divorce. The good news is that as a grandparent, you do not need to simply stand on the sidelines, wondering about the future of your grandchildren. Instead, you can take a proactive role in the care of your grandchildren. One of the most important things you need to understand is that if the children are taken by CPS, the goal is to keep the children together, and … [Read more...]
What Does It Take To Get 50/50 Custody?
Family law clients frequently ask us to get them 50/50 custody of their children. Their reasoning often goes that 50/50 custody is fair and their children should see both parents equally. That seems perfectly reasonable, but that’s not how the Court will see it, so let’s unpack what families and family law attorneys mean when they say “50/50 custody.” There is no ‘Custody’ in the law, only Conservatorship, Possession, and Child Support The problem with asking for 50/50 custody is that clients and family law attorneys often talk past each other when discussing this concept … [Read more...]
