Courts are working to head off problems with custody orders caused by the Coronavirus. If you have a custody order you must keep up with these orders, since they apply to you. The most recent order on family cases in Kaufman County is from March 25th.
Standing Order Governing Possession and Access During the Shelter in Place Order of Kaufman County Judge Signed March 24, 2020
For all cases arising from the Family Law Courts of Kaufman County, the Court ORDERS that:
Coronavirus is impacting family law in Texas, and one of the first areas that had to be addressed is spring break visitation. Most possession orders refer to the time when spring break ends as a time for possession and visitation to change. But what happens when we are under quarantine and spring break is extended by your school district?
Dallas County has just announced that they are going to enforce the original school calendar for issues of visitation, possession, and access. Most courts and counties that have issued statements have adopted the same position. So if you are trying to extend your spring break visitation because of a coronavirus shutdown, you are probably going to have a bad time.
Here is the text of the order-
Most people assume that if you are awarded primary custody, and you have a child living with you the majority of the time, then the other parent will pay you child support. The Dallas Court of Appeals recently heard a case in which Father was ordered to pay child support, even though Father had the child 70% of the time and was considered the custodial parent with primary custody.
How did this happen? Let’s look at In the Interest of ARW, No. 05-18-00201-CV from the Dallas Court of Appeals.
What happened in ARW?
If you file a divorce or child custody case in Van Zandt County, Texas the following standing orders will apply. Standing orders are rules that judges enforce without the parties asking for them. Standing orders are used to preserve the status quo and prevent one party from emptying the bank accounts, selling the assets, or moving away with the children. If you are going to file for divorce in Van Zandt County then you should understand these rules.
These standing are current for 2019.
VAN ZANDT COUNTY STANDING ORDERS-
One of the most common concerns people have in a divorce is who is going to keep the house they have been living in during their marriage. The answer to that question can vary in each case depending on the facts of that particular case. This blog post is going to address some of the things that could happen to your house in your divorce.
If it is your Separate Property, you Keep it.
The concept of separate and community property is sometimes difficult. In Texas, the distinction on property is made based on the date the home is purchased, something referred to as “inception of title.” If the house is purchased in one person’s name before the date of marriage, it is their separate property. If it is purchased after the date of marriage, it does not matter whose name is or isn’t on the deed or purchase documents, it is community property. That means that if the home is purchased before marriage by one party the court doesn’t get to divide the house in the divorce because it is separate property. This doesn’t mean that the other party may not have the right to be reimbursed for value added to the house during the marriage, but it does mean that if it is your separate property, you keep your ownership interest in the house.
Can I Make a Marital Property Agreement?
There has been a lot of discussion about pre-marital agreements in media and it is something most people are probably somewhat aware of. Follow this link: Premarital Agreements in Texas for more information on premarital agreements. So, what about after you are married, are you stuck with all of your property acquired after marriage becoming community property if you didn’t execute a pre-marital agreement? Of course not! I probably wouldn’t have dedicated an entire blog post to this subject if that was the case.
Why Does it Matter?
There are lots of things associated with Super Bowl Sunday. Snack food and memorable commercials are two that come to mind. Some other things associated with Super Bowl Sunday might not be such a good idea when it comes to your case that involves family law. This blog is going to discuss five of those things that you may want to keep in mind on Super Bowl Sunday.
Taking the time to decide what changes will need to be made because of the realities of the divorce is an important step in the divorce process. Many people enter into divorce without taking into consideration the changes that are going to need to be made after the divorce and without having a realistic idea of how much divorce costs. This blog post is going to address 5 financial issues that that should be considered when planning for your divorce.
What is a Mediated Settlement Agreement?
If you reach an agreement in a mediation, more precisely called a Mediated settlement agreement or MSA for short, the agreement is binding on you and all other parties you are agreeing with in a family law case as long as the MSA is drafted in the way that is required under the Texas Family Code. The agreement must be the result of a mediation, hence the name, which is basically just the meeting of both parties with a neutral third person facilitating the conversation so that the parties can come to an agreement. Texas law encourages mediation as a cost-efficient and time-efficient way of settling disputes. One of the benefits of mediation is that instead of a judge who has only a glimpse into the lives of parties based on evidence presented to him or her, during a mediation the parties who know their situation and family the best get to come to an agreement that works for them and is custom to their situation.
One downside to a mediation could be that as opposed to a judge who should know what the consequences of their decision could potentially be, parties could be making agreements in a mediated settlement agreement using language that will have consequences after the agreement is entered that they did not intend. One of the reasons that we trust judges to make decisions for us in legal matters is that in general they have years of experience dealing with similar matters and they should understand what all of the legal jargon that goes into an order actually means.
Why is everyone talking about fault and no-fault divorce lately?
Fault divorces have been in the news lately in Texas because Representative Matt Krause from Fort Worth authored a bill that would get rid of so-called “no-fault” divorces in Texas. Right now, all fifty states allow for a no-fault divorce. Currently under the Texas Family Code a Judge can grant a divorce based on either “fault” or “no-fault” grounds. This fault or no-fault option is something that only 17 states and the District of Columbia currently allow. “No-fault” is known by family law attorneys as insupportability, basically there is no proof required to obtain a divorce based on the ground of insupportability. Section 6.001 of the family code simply states, “[o]n the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” Most family law attorneys say the majority of divorces that they file are based on insupportability because it speeds up the process and reduces the stress related to divorce for many parties.
According to Representative Krause, the bill in its current draft would not actually get rid of all no-fault divorces. The bill in its current form would only apply to divorces with children or “unilateral” divorces. Basically, if there are no children of the parties seeking the divorce and both parties agree that they want to get divorced this bill would not apply and the ground of insupportability would still be available to obtain a divorce. The idea behind this according to proponents of the bill is to promote stability for children and prevent quick acting divorces. Opponents of the bill worry that this bill would increase the cost of divorce and lead to an increase in domestic violence as a result of parties being unable to easily obtain a divorce.
Dallas Divorce Lawyer Blog