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Tarrant County Family Law Blog

Protective Orders and Temporary Restraining Orders: What is the difference?

Many of our clients tell us they need a Protective Order in their case. In reality, more often than not, what the client might need is a Temporary Restraining Order. Many people do not understand the difference between the two and use the terms interchangeably. In fact, there is a pretty substantial difference between the two documents, which mostly centers around family violence.

WHAT IS A SUBPOENA

One of the mightiest swords in the defense or preparation of a Tarrant County family-law matter pertaining to money and assets is the almighty subpoena. What is a subpoena?  I

The more assets you have, the more complicated divorce becomes

A lot of people think that divorce can be simple, even handled without attorneys. They may believe this even while they are unable to discuss critical aspects of the divorce calmly with their former spouse. The truth is that divorce is a very complicated process.

The divorce decree is Texas is binding, and mistakes in early paperwork can come back to haunt you later. While it is possible to obtain post-divorce decree modifications, that requires a lot of effort and paperwork. It makes more sense to handle everything properly the first time around. Generally, that means working with a divorce lawyer.

Checking Phone and Computer for Evidence of Cheating

Is it a good idea to access your spouse's e-mail account or cell phone without that person's knowledge?  This could be a good way to find out of your spouse is cheating or to find out other information that may help you get a leg up in your divorce case.  The answer is no, it is not only not a good idea, but it is against the law.   

COMMUNITY PROPERTY AND SEPARATE PROPERTY

During the divorce process, you may hear your attorneys discuss terms like "community property" and "separate property" with you. Attorneys throw these words around often in family law cases, and we often assume that non-lawyers know what the terms mean. After all, during law school, attorneys take a semester-long course devoted to marital property that teaches us about community and martial property. Here's a quick "Cliff's Notes" version to help you better understand and begin thinking about the characterization of the property you and your spouse own.

What's the Difference between "Custody" and "Possession"

A Term that gets thrown around frequently by clients is"50/50 custody." Generally, what parents mean when they say this, is that they would like to have physical possession of the child 50% of the time.

Custody is an umbrella term that encompasses both conservatorship and possession and access of the child.  Conservatorship is the legal authority to make decisions concerning where the child lives, along with medical and educational decisions for the child.  Possession and access to the child is governed by a possession schedule in a court order that the parents follow.

What is an Inventory and Appraisement in Divorce?

During the pendency of your Divorce case, our office might ask you to complete and Inventory and Appraisement worksheet.  The Inventory and Appraisement requests a lot of information, and can be overwhelming for clients.  Understanding both theimportance and the function of the Inventory and Appraisement can help make the process of completing the worksheet easier for clients.

Don't mix up child support and visitation rights

If you're like many mothers who maintain primary custody of your child after a divorce, depending on timely child support payments from the child's father can be a risky proposition.

There are many reasons why a father may be undependable in paying child support, some of which may indicate character deficiencies, while others could simply result from a patch of bad luck.

ARE THE WORDS "MEDIATION" AND "COLLABORATIVE LAW" BAD?

Settling your case by mediation or collaborative law is not bad and does not mean that you are weak or that your attorney isn't aggressive enough.  Settling your case rather than going to trial can often mean that you can gain more of what is important to you.  You can decide what property you really want and what property is not as important to you.  When you compromise, you are in charge of how the outcome of your case will be.  Settlement, mediation and collaborative law are not bad words.

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