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Family Law

Service Of Process For Divorce In Texas

There are six main steps in the divorce process in Texas: filing a petition for divorce; formally notifying the non-filing spouse of the divorce; agreeing to temporary orders; learning about assets and debts through discovery; negotiating a final settlement; and finalizing the divorce. This article will focus on the second step – formally notifying the non-filing spouse of the divorce. The process in which divorce documents are to be served are outlined in the Texas Family Code and the Texas Rules for Civil Procedure.

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Reporting Child Abuse

Sometimes, it is difficult to draw a line between child abuse and disciplining a child. Other times, it is not as difficult. Luckily, Texas outlines what it considers child abuse and the proper guidelines to report it.

What does Texas Consider Child Abuse?

The Texas Family Code is far from vague on what it defines as child abuse. Chapter 261 of the Family Code lists abuse as:

  1. mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

  2. causing or permitting the mental or emotional injury;

  3. actual physical injury that results in substantial harm to the child;

  4. failure to make reasonable effort to prevent action from another person that causes injury to the child;

  5. sexual conduct that harms the child’s mental, emotional, or physical welfare;

  6. failure to make reasonable effort to prevent the sexual conduct;

  7. compelling or encouraging a child to engage in sexual conduct;

  8. encouraging, permitting, causing, or engaging in photographing, filming, or depicting of a child in obscene or pornographic content;

  9. harming the child through the use of a controlled substance;

  10. encouraging a child to use a controlled substance;

  11. causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child;

  12. allowing the sexual trafficking of a child; or

  13. neglecting a child.

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Community Property vs. Separate Property in Texas

States all over the United States have different laws for dividing property. Texas, happens to be what is called, a “Community Property State”. What does being a community property state mean? What are the differences between community and separate property? Courts use a simple method to differentiate the two types of property—they look at the exact time the property was acquired.

What is Separate Property?

Separate property is property acquired by an individual before the marriage, or, during the marriage if acquired by gift, devise or descent, or agreement. Examples of separate property include: income earned or property owned by either spouse before the marriage; any property acquired by gift or inheritance; and damages for a personal injury claim for a physical injury sustained.

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premarital agreement

Texas Prenuptial Agreements, a/k/a Premarital Agreements

Marriages often join two individuals who promise their lives to each other– for better of for worse. Oftentimes, for worse comes sooner than the couple expected. Fortunately for these couples, Texas laws outline the concept called premarital agreements that could protect the assets of each spouse.  What does the Texas Code say about this? Let’s see.

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Father – Presumed By Paternity Law in Texas

With modern-day technology, paternity is much simpler to establish. Texas statutes have also outlined the requirement for establishing and rebutting paternity. Let’s take a look.

Divorce Attorney? Call (832) 410-8935.

Paternity by Texas Law

To be a presumed father, Texas law will presume an individual to be the father of a child until that presumption is proved or rebutted.

The Texas Family Code outlines specific instances and situations in which the state presumes a man to be the father of the child. According to the Texas Family Code, FAM §160.204, the presumption of paternity is defined as follows:

Sec. 160.204. PRESUMPTION OF PATERNITY. (a) A man is presumed to be the father of a child if:

(1) he is married to the mother of the child and the child is born during the marriage;

(2) he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(4) he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:

(A) the assertion is in a record filed with the vital statistics unit;

(B) he is voluntarily named as the child’s father on the child’s birth certificate; or

(C) he promised in a record to support the child as his own; or

(5) during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.

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Reporting Family Violence in Tx – Houston Domestic Violence Resource

Family violence is a real and present danger to many Texas Citizens. Thus, it is important to know what exactly constitutes family violence under Texas law, what individuals must report family violence, and to what authorities must the violence be reported to. To tackle all of this, let’s dive into the statute.

What Is Family Violence

According to the Texas Family Code, FAM §71.004, family violence is defined as follows:

  1. an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
  2. abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), (H), (I), (J), and (K), by a member of a family or household toward a child of the family or household; or
  3. dating violence, as that term is defined by Section 71.0021.

It is important to note that this statute does not include the reasonable discipline of a child.

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What Is A Putative Marriage In Texas?

The discussion of bigamy in modern-day society has the most negative connotations. Although the Texas Family Code makes it illegal for an individual to have more than one spouse; Texas courts are still battling the continuing emergence of bigamy and what Texas calls a putative marriage. Article published by the Houston Divorce Attorneys (832) 410-8935. … Read more

How Is Child Custody Determined in Texas? Who gets the kids?

Child Custody is a sensitive issue handled by the Texas Family Courts. Texas courts will always prefer a joint managing conservatorship between the parents, however that may not always be the case. Let’s dive in to what factors the court considers while determining child custody. Speak to a Houston Divorce Attorney at (832) 410-8935. Types … Read more

What is Common Law Marriage In TX? See Also…Informal Marriage

When marriage is discussed, a religious ceremony and a civil proceeding may come to mind. Texas, however, recognizes an additional category of marriage—a common law marriage—what the Texas Family Code defines as an Informal Marriage. It is important to note that in Texas, there is no distinction between a Common Law Marriage and an Informal … Read more