Am I Common-Law Married in Texas, and Would I Need a Divorce? A couple can be common-law married in Texas without a license or a ceremony; the Family Code calls it informal marriage. Under Section 2.401(a)(2), it can be proved by evidence that the two of you agreed to be married, then lived together in…
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Can You Get Divorced in Texas If Your Spouse Will Not Agree? Yes. You can get divorced in Texas if your spouse will not agree. Texas allows a no-fault divorce on the ground of insupportability under Family Code Section 6.001, which does not require the other spouse’s consent or any finding of wrongdoing.[1] If your…
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Tracing Separate Property in a Texas Divorce: Gifts, Inheritance, and Pre-Marriage Assets Separate property is not separate simply because a spouse says so. In Texas, property possessed by either spouse at divorce is presumed to be community property, and the spouse claiming an asset is separate carries the burden of proving it. Tracing is how…
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Family-Owned Businesses in a Central Texas Divorce: Valuation, Cash Flow, and Control Issues A family-owned business is usually the hardest asset in a divorce, and not because of its size. It is hard because it is simultaneously an asset to be divided, a source of income for both households, and a going concern that has…
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Military Retirement and Survivor Benefits in a San Antonio Divorce San Antonio sits at the center of one of the largest concentrations of active-duty and retired service members in the country. That makes military retirement a recurring issue in local divorces, and it is governed by two bodies of law at once. Texas law decides…
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Complex Property Division for Central Texas Families: Real Estate, Family Businesses, Retirement, and Debt A property division becomes complex when the marital estate holds assets that are hard to value, hard to characterize, or hard to divide cleanly, things like a family business, real estate, retirement and military benefits, inherited property, and significant debt. Texas…
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How Texas Courts Consider a Child’s Preference in Custody Cases No, a child does not get to choose which parent to live with in Texas. A child’s preference can be heard, and for a child 12 or older a judge must listen to it when a parent asks, but the preference is only one factor.…
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Geographic Restrictions and Relocation for Central Texas Parents If your custody order contains a geographic restriction, you generally cannot move your child’s primary residence outside a defined area, often a specific county or a set of adjoining counties, without either the other parent’s agreement or a court order changing the restriction. Before making any move,…
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School-Year Parenting Plans in San Antonio: Calendars, Activities, Transportation, and Exchanges A parenting plan that looks fine in June can fall apart the first week of school. The school year adds fixed start times, activities, homework, and a district calendar that neither parent controls. A workable plan accounts for all of it, so that a…
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Best-Interest Evidence in Texas Custody Cases: What San Antonio Parents Should Organize Texas custody decisions turn on one question: what is in the best interest of the child? For parents, that means the facts you can calmly organize, about school, caregiving, health, and safety, often matter more than the arguments you make. Good evidence is…
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