divorce

Kaufman County Divorce Lawyer: Common Law Marriages aka Informal Marriages

August 5, 2013 | by Robert Guest

Most married couples go through the formalities associated with marriage. They get a marriage license, they have a ceremony, and the person who officiates the ceremony signs the license, which then makes the marriage official. But other people choose not to go through that process, and it’s not necessary to go through that process to be considered married in Texas. Texas also recognizes informal marriages which are more commonly known as common law marriages. As a guy who has been dating a woman for a year and a half, I would certainly like to go the common law route and avoid the the cost associated with all the formalities. But I doubt I’ll be so lucky.

The problem with common law marriages is that it is often difficult to prove their existence. With formal marriages there is paper trail, and there are witnesses from the ceremony. There’s never a doubt about whether a marriage occurred in those instances. But for those who are informally married, it can be difficult to prove there was actually a marriage. Why does it matter that you be able to prove a common law marriage? Unless you can do so, you can’t get a divorce. This can be a problem for people who are in a relationship that they consider to be a marriage because in the event that the relationship ends, the parties are not entitled to half of the marital estate unless they can actually prove that there was a marital estate. This can result in parties losing out on assets that they would be entitled to in a divorce action such as home equity, retirement accounts and more.

Texas law has three requirements for proving a common law marriage.

Divorce 101: What You Need to Know

December 6, 2011 | by Guest and Gray Law Firm

Filing for a divorce can be a scary task because not many people know the law, or they’ve heard several things about what could happen, but aren’t sure if it’s true. It’s an unknown territory and can be difficult to maneuver on your own. This is why it’s important to have a concise explanation about each step in the process, to ensure that you’re informed and can be prepared.

• Step One: Filing

You’ve hired your attorney at Guest & Gray, P.C. to handle your divorce. The first step is to file what is called the Original Petition of Divorce which lays out all of the information on your divorce such as the dates of your marriage and separation, the grounds for your divorce (insupportability is standard but there can be other reasons such as adultery), whether there are any children of the marriage, and division of the community property.

What About the Children: Divorce Effects on Children and Assistance for Parents to Help Prevent Those Effects

October 27, 2011 | by Guest and Gray Law Firm

According to the U.S. Census Bureau, “in 2009, 14 states had divorce rates for men that were significantly above the U.S. average, ranging from 10.0 to 13.5 per 1,000” which included Texas.

Divorce is present throughout our state and it is a difficult and emotional process. But, it’s even more difficult when there are children involved. All parents worry about the choices they make and how those choices will effect their children. Divorce is no exception. And, parents have every right to worry–research indicates that the manner in which parents handle divorce can have a direct effect on children’s adjustments.

But, parents, don’t fret because there are healthy and helpful ways to deal with these effects and the divorce process. In fact, many family clients of attorneys are not only urged but also required to take parenting classes that focus on these issues–how is the divorce effecting your child, how can you talk to your child about the effects of divorce, how to manage the divorce process without placing the child in the middle of the parents, how to maintain the relationship you have with your children despite the changes in your lives, etc. One such class is called “For Kids’ Sake” and it is taught by a psychologist trained and educated in these particular fields.

Temporary Orders: What are They and Why do We Need a Hearing?

October 4, 2011 | by Guest and Gray Law Firm

Temporary Orders arise in several situations. In divorce cases, either you’ve recently filed for divorce or been served with a petition for divorce. In suits affecting the parent-child relationship, temporary orders can arise in the initial proceeding and in cases where you or your ex are seeking to modify the court’s final order because you’re seeking to get expanded visitation, change conservatorship, etc.

In order for temporary orders to be entered by a court, a party must first file a petition or motion for temporary orders and there must be a hearing. In family law, often this is the first hearing that the parties will attend in front of a judge and it might even be the last one if the final order is agreed upon and all that is necessary is a judge’s signature.

Temporary orders are an important stepping stone in family law cases because they serve several purposes while the case is actually pending such as specifying conservatorship, visitation with the children, ordering a party to make payments of child or spousal support as well as debts and interim attorney’s fees. The court can also order who has possession of what property while the case is pending and where the parties are to live. Also, the court can forecast what is to come in the case and set deadlines for the parties to meet. Often times, the final orders are contingent upon these deadlines.