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ENFORCEMENT

ENFORCEMENT

Enforcement

The other parent or other conservator not following the visitation schedule, what should I do?

Your best option would be to file a petition requesting the Court to enforce the current custody order in place. If you do not have a custody order in place designating specific rights and duties of each conservator, then you must start with a petition to determine parent child relationship. However, before you start the enforcement process, you might want to try to see if you can reach out to the other parent and remind him/her of the designated times for possession and access. After several attempts and the other conservator is unwilling to maintain to the possession and access schedule designated in the custody order, then perhaps it is time to take legal action. This is a case-by-case matter so it is hard to give a blanket advice on how to react and how to respond to the other conservator. It is best to schedule for a one-on-one consultation with an attorney and explain to him/her your circumstances for a more precise assessment of your case.

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Family Law Q&A

How long must I live in Texas before I can file for divorce?

Generally, you must be domiciled in Texas for six months before the suit is filed and be a resident of the county for the past 90 days.

How will I support myself after a divorce when my spouse was the primary income earner?

Depending on your circumstances and qualification, you may qualify for spousal maintenance. Please consult with an attorney for further details, as no one case is alike.

How do I fight for sole custody of my children?

You must file a SAPCR (Suit Affecting Parent Child Relationship) with your County District Clerk. In the SAPCR, you may request for sole managing conservatorship and state specific reasons for your request. Once properly drafted, you may file the SAPCR with the Court and set the case up for a hearing to prove-up your case. This process is complicated and technical. Please consult with attorney to understand your options prior to taking any action.

What should be included in a prenuptial agreement?

Every prenuptial agreement is custom-made to cater to each individual’s needs. There is no specific or general guideline. However, the purpose of the prenuptial agreement majority of the time is to define what will be separate property, community property, or spousal support.

What is a divorce going to cost me? Can I afford it?
Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.
What forms do I need to file for a divorce in Texas?
You will need the Petition for Dissolution, Case Information Sheet, Summons and any fee waiver document in order to file for divorce. You will then be required to have your spouse personally served with these documents.
What do I need to do to enforce a child support order?

You must consult with an attorney for more details as each case may have different remedies and qualifications. However, you may file for mandatory income w/holding, liens, money judgment, freezing of certain assets, license suspension, or file for contempt.

Is Same-Sex Marriage Legal in Texas?

On June 26, 2015, the Supreme Court legalized Same-Sex Marriage nationwide.

Can I file for a divorce on my own?

Yes. Anyone can file for their own divorce. However, it is recommended that you retain an attorney if it is a contested case or if your spouse has retained an attorney.

If my spouse cheated on me, can I take all of the community property?

It is highly unlikely. In Texas, the court divides property in the manner that the court deems "just and right." It is very rare for one spouse to be granted all of the community property.

Can I still get a Divorce if my spouse does not want a divorce?

Yes. In Texas, you don't have to prove fault to get a divorce.

What are the grounds for divorce?

Texas grants divorces based on adultery, cruelty, felony conviction, abandonment, living apart, confinement in mental hospital, or insupportability.

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