What is a Financial Information Statement?

Published October 13, 2012 | By

A Financial Information Statement is a court-required document for nearly all temporary orders hearings and final trials in Texas divorce cases.  Here is a sample Financial Information Statement so you have an idea of what they look like.  The names and details used are all fictional, although the facts used are relatively typical of the issues dealt with in a Texas divorce. The sample document is based on a husband who expects to move out of the residence and pay child support.  In a real case both sides prepare and submit a Financial Information Statement to the court prior to a temporary orders hearing. Continue reading →

Posted in Alimony, Child Support, Divorce, Parent-Child Issues, Temporary Orders | Taged , , , , ,

My Thoughts on Top 10 Tips for Great Divorce

Published October 12, 2012 | By

I came across a thought-provoking article by Pamela Cytrynbaum on psychologytoday.com, entitled Top 10 Tips for a Great Divorce. It gives her suggestions on how to turn an amicable separation into an amicable divorce. I mostly agree with what she suggests, although I have different thoughts on a few of the issues. I encourage you to check out the article. Here are my thoughts on some of her tips that I took issue with: Continue reading →

Posted in Divorce, Parent-Child Issues, Settlement | Taged , ,

Visitation – What is the Texas Standard Possession Order?

Published October 11, 2012 | By

The Standard Possession Order (SPO) is a default visitation schedule defined by the Texas Family Code that is used in the vast majority of Texas divorce cases involving children. It is extremely detailed and lengthy and is one of the main reasons that divorce decrees in cases with children are usually 30 to 40 pages long. The Standard Possession Order statute is Texas Family Code Section 153.3101 through 153.317.

Every order has its own particular provisions, so please refer to the specifics of your own order for guidance if you have one. Also note that all of the terms are subject to alteration, either by negotiation or court order. This article is designed to give a brief overview of the statute and how its key provisions work Continue reading →

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Austin Family Law Attorney Explains Written Discovery

Published October 6, 2012 | By

Not every case is a simple one and it is very common for lawyers to have to conduct and/or respond to written discovery requests.  Usually clients are confused by the process and what it involves so in this post I am going to lay out a basic explanation of the kinds of written discovery requests that typically get made in a Texas divorce case, the purpose of each,  and how difficult and time-consuming each is to respond to. While there are forms of discovery other than written discovery (the most common being the deposition), this post will discuss only written discovery. Continue reading →

Posted in Alimony, Divorce, Property Division, Separate Property | Taged , ,

What Effect Does Adultery Have on a Texas Divorce Case

Published October 3, 2012 | By

This post will discuss the legal and practical implications of extramarital affairs on a Texas divorce case.

Adultery is a Statutory Grounds for Divorce in Texas

The Texas Family Code has long held that adultery is a grounds for divorce. See Section 6.003 of the Texas Family Code. Its use as a grounds for divorce has become far less significant since Texas became a no-fault divorce state many years ago. Nonetheless, it is frequently pled as a grounds for divorce and a judge can find that the grounds for divorce was adultery, not the much more commonly used Continue reading →

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Austin Divorce Attorney Debunks The Biggest Misconception in Texas Family Law

Published August 17, 2012 | By

As a Texas family law attorney for my entire career I have seen client after client be surprised by how the Texas Family Code requires that property be divided in Texas divorces. Most clients have heard that Texas is a community property state. While this is correct most people misunderstand what that means. Continue reading →

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A Tale of Two Divorce Clients

Published August 15, 2012 | By

Please note that the clients and lawyers referenced in the video and transcript are purely hypothetical and not based on actual people.  If you prefer reading to watching, please see the transcript below: Continue reading →

Posted in Alimony, Child Support, Divorce, Parent-Child Issues, Property Division, Separate Property, Videos | Taged , ,

Should You Get a Lawyer for Your Travis County Divorce?

Published July 19, 2012 | By

When confronted with a Travis County divorce case (or any other location for that matter) many people will choose not to hire a lawyer, even if their spouse has hired one. Some make this decision out of a sense of guilt or a desire to not turn it into an “ugly” divorce. Others don’t really think a lawyer will make much difference in the outcome of their case. There are also those who think they cannot afford to hire a divorce lawyer. Hopefully, this article will show that you cannot afford to not have a quality divorce attorney represent you in your divorce case. Continue reading →

Posted in Divorce, Parent-Child Issues, Property Division | Taged , , ,

What is Separate Property in Texas?

Published July 8, 2012 | By

This video explains the basics of separate property in Texas.  If you prefer, you can read the transcript below: Continue reading →

Posted in Alimony, Divorce, Property Division, Separate Property, Videos | Taged , , , , , ,

How To Calculate Child Support in Texas

Published July 8, 2012 | By

This video goes through the process of calculating child support in a typical Texas case. If you prefer, you can read the transcript below: Continue reading →

Posted in Child Support, Custody, Divorce, Enforcement, Modification, Parent-Child Issues, Videos | Taged , , , , ,