| November 22, 2009 |
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Presumption Of Community Property At Dissolution
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| Posted By Elias Lorenzana |
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| How is property classified in Texas at the time of dissolution of the marriage? All property on hand at the dissolution of marriage is presumed to be community property. Long v. Long , 234 S.W.3d 34, 37 (Tex.App.--El Paso 2007, pet. denied); ... |
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| Continue reading "Presumption Of Community Property At Dissolution" » |
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| November 22, 2009 |
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Reimbursements in Texas Divorce Litigation
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| Posted By Elias Lorenzana |
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| In Texas divorce cases, reimbursements come into play when one spouse contributes property, funds or assets to the community estate or for the benefit of the other spouse. In such cases, when the parties a marriage separate or divorce, the other ... |
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| Continue reading "Reimbursements in Texas Divorce Litigation" » |
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| November 11, 2009 |
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Does Texas Recognize Common Law Marriage?
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| Posted By Elias Lorenzana |
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| A common-law or informal marriage can be established by showing the parties (1) entered into an agreement to become husband and wife; (2) cohabitated as husband and wife; and (3) held each other out publicly as husband and wife. TEX. FAM. CODE ANN. ... |
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| Continue reading "Does Texas Recognize Common Law Marriage?" » |
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| November 11, 2009 |
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Writ of Mandamus in Family Law Cases
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| Posted By Elias Lorenzana |
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| On occasion a trial court may abuse its discretion with respect to rulings on family law cases so as to warrant an immediate review by a higher court. This process is called a writ of mandamus against the trial court judge making the incorrect ... |
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| Continue reading "Writ of Mandamus in Family Law Cases" » |
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| October 29, 2009 |
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Civil Contempt In Family Law Cases
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| Posted By Elias Lorenzana |
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| Many times in family law cases , the question or issue arises as to the liability of a party to comply with terms of custody, visitation, and or child support. Civil contempt in Texas is the process by which a court exerts its judicial authority to ... |
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| Continue reading "Civil Contempt In Family Law Cases" » |
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| October 26, 2009 |
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Common Law Marriage in Texas
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| Posted By Elias Lorenzana |
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| A common-law or informal marriage can be established by showing the parties (1) entered into an agreement to become husband and wife; (2) cohabitated as husband and wife; and (3) held each other out publicly as husband and wife. TEX. FAM. CODE ANN. ... |
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| Continue reading "Common Law Marriage in Texas" » |
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| October 26, 2009 |
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International Family Law Matters in Texas: Necessity Subject Matter Jurisdiction
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| Posted By Elias Lorenzana |
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| In international family law cases, parents frequently run into jurisdictional issues as to which court, i.e., Texas or an international court has jurisdiction to hear a custody case . Whether in a divorce, modification or enforcement action, in ... |
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| Continue reading "International Family Law Matters in Texas: Necessity Subject Matter Jurisdiction" » |
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| October 26, 2009 |
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Representing Yourself Pro Se in a Divorce or Family Law Case in Texas
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| Posted By Elias Lorenzana |
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| There are advantages and disadvantages in representing oneself pro se in a divorce proceeding or family law case such as a custody dispute. Some of the immediate advantages include the following: 1. Not having to pay an attorney for legal fees; 2. ... |
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| Continue reading "Representing Yourself Pro Se in a Divorce or Family Law Case in Texas" » |
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| October 26, 2009 |
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Texas Pre-Marital or Prenuptial Agreement
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| Posted By Elias Lorenzana |
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| In Texas pre-marital or pre-nuptial agreements are enforceable so long as it is in writing and is signed by both parties. The agreement is enforceable even though without consideration, unlike a deed where consideration is necessary. Under Section ... |
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| Continue reading "Texas Pre-Marital or Prenuptial Agreement" » |
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| October 26, 2009 |
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Spousal Maintenance or Alimony in Texas
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| Posted By Elias Lorenzana |
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| In Texas, "Maintenance" means 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. Generally speaking, a spouse in a divorce action or dissolution of marriage ... |
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| Continue reading "Spousal Maintenance or Alimony in Texas" » |
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| October 26, 2009 |
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Parent vs. Grand Parents Rights to Child Custody in Texas
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| Posted By Elias Lorenzana |
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| A grandparent’s rights are generally subordinate to a parent’s. See Tex. Fam. Code § 153.433(2); see also Troxel, 530 U.S. at 64-65 (plurality opinion) (discussing how statutory rights extended to grandparents and other relatives can create a ... |
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| Continue reading "Parent vs. Grand Parents Rights to Child Custody in Texas" » |
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| September 19, 2009 |
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Temporary Orders Related to Divorce Cases
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| Posted By Elias Lorenzana |
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| Temporary orders as it relates to a pending divorce can normally dictate the terms on the following issues: 1. Child support ; 2. Visitation ; 3. Use of the homestead; 4. Use of community property , such as cash in bank accounts; 5. Spousal support ... |
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| Continue reading "Temporary Orders Related to Divorce Cases" » |
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| September 18, 2009 |
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Prenuptial Agreements: The Bone of Contention
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| Posted By Roxanne Heuschkel |
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| Americans are divided on their opinion concerning the morality behind a prenuptial agreement. Around one fourth of Americans think premarital agreements are for the “rich and famous”, while well over a fourth agree they are a must for making smart ... |
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| Continue reading "Prenuptial Agreements: The Bone of Contention " » |
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| August 21, 2009 |
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Mediated Settlement Agreements On Child Custody and Marital Property
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| Posted By Elias Lorenzana |
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| Contested divorce cases frequently revolves around spousal disputes about the custody of the child or children of the marriage and or the proper division of the marital estate. In lieu of an all out contested divorce cases where the parties battle ... |
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| Continue reading "Mediated Settlement Agreements On Child Custody and Marital Property" » |
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| August 21, 2009 |
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Lorenzana Law Firm Launches New Family Law Blog!
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| Posted By Elias Lorenzana |
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| Lorenzana Law Firm Launches New Family Law Blog! In an effort to provide information related to Texas family and divorce cases, the firm has launched its third legal related blog. The contents of this blog are purely for general informational ... |
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| Continue reading "Lorenzana Law Firm Launches New Family Law Blog!" » |
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