What is the Most Common Child Custody Arrangement?

  • September 22, 2021
  • Evans & Herlihy

While joint custody is the most common arrangement for divorcing parents with children, our child custody lawyer can help you determine if this is the best arrangement for you. Everyone wants what is best for their child, but, unfortunately, when divorce enters the picture, parents may wind up warring over custody issues. While joint custody is most common, and courts are trending toward giving parents 50/50 time with their children, sole custody and primary physical custody are also possible custody arrangements, and conflicts over which arrangement is best can lead to a contentious court battle that is damaging to all parties. Ideally, couples who are divorcing should be able to negotiate and come to an agreement as to custody and [...]

Does Adultery Affect Divorce in TX?

  • August 25, 2021
  • Evans & Herlihy

If your spouse cheated on you, you may want to know does adultery affect divorce in TX. Most states in the United States do not require you to give a specific reason to file for divorce. Many people file saying simply that there are "irreconcilable differences," which could mean almost anything, from differences in eating habits to differences in religion. However, in Texas, adultery can have a major impact on divorce proceedings. If one party can prove that the other is committing adultery, the judge may take that into account when considering property division and alimony. In Texas, you are allowed to file for a no-fault divorce. Many people might choose to have a no-fault divorce even if the other party is cheating, simply because a n[...]

Can You Change A Custody Agreement Without Going to Court?

  • July 14, 2021
  • Evans & Herlihy

If you are divorced or legally separated and have children with your ex, you likely have a court-approved custody agreement. But if you want it changed, you may want to know, can you change a custody agreement without going to court? The custody document specifically states the time your children will spend with you and your spouse, including holidays and weekends. It is required by law that both parents abide by the terms of the agreement, as it was created in the best interests of your child/children. That said, we all know that “life happens” and circumstances do not always remain the same. Over time, a variety of factors may contribute to the need to change your custody agreement. When this happens, you may wonder if you can[...]

Does It Matter Who Files for Divorce First?

  • June 16, 2021
  • Evans & Herlihy

Getting divorced is one of the most stressful things you will ever do, even if you are still friends with your ex. The process can be expensive and go on for several months, during which time you have to expose your most personal secrets to strangers. You may be wondering if you have a legal or strategic advantage if you are the one who files first. In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you. Advantages to Filing First There are several potential advantages to filing first. The Person Who Files[...]

How Do I Get a No-Fault Divorce in Texas?

  • May 28, 2021
  • Evans & Herlihy

If you’re having marital problems you can’t resolve, you may wonder, how do I get a no-fault divorce in Texas? Although neither of you may have done anything intentionally to wreck your marriage, a no-fault divorce isn’t necessarily a no-problem divorce. All the other issues that come with divorce need to be resolved, too. How well the process goes depends on the parties’ ability to amicably deal with spousal support, child custody and support, dividing assets and debts. Evans & Herlihy helps married couples divorce so they can start over and begin new lives. Most of our divorce clients use the no-fault system. If you have questions on divorce or how the process works, call us at (512) 732-2727 today. What is No-Fault Divorce [...]

How Child Support is Calculated in Texas

  • May 19, 2021
  • Evans & Herlihy

State statute determines how child support is calculated in Texas, though a judge has some flexibility. Whether you’re receiving or paying child support, you need to focus on your child’s needs and meet them as best you can. Judges take child support seriously, so if you’re obligated to pay it but can’t afford the payments, you could ask to reduce your obligations. Under Texas law, child support isn’t voluntary. If a court decides how much support you must pay, you have a legal duty to do so. Even though child support payments are required in Texas, parents often stop paying or pay less than the ordered amount. This may be the result of changes in a parent’s financial situation. They may be laid off or have unexpected[...]

What Legal Rights Does a Non-Custodial Parent Have?

  • April 21, 2021
  • Evans & Herlihy

If you’re going to be involved in a child custody dispute, you may not get custody, so you may ask, what legal rights does a non-custodial parent have? If this happens to you, unless there is evidence that you’ll endanger your child, you should have access to and spend time with your child. In Texas, if parents can’t reach an agreement about their rights to their children, a judge will decide. The most important thing a judge will think about is making a decision that reflects and promotes your child’s best interests. Texas uses legal terms related to child custody that are different than those used by other states. The Texas terms aren’t “custody” or “visitation.” The parent with the legal right to make important deci[...]

Using Kids as Pawns in Divorce

  • February 11, 2021
  • Evans & Herlihy

Using Kids as Pawns in Divorce is Harmful to Everyone There are no winners when children are drawn into divorce conflicts. Divorce is stressful enough for parents and children, but when parents use their kids as pawns, they may be subjecting them to irreparable harm. Children are caught in the middle and may become confused. Their sense of security and self-esteem may be damaged, and they may wind up blaming themselves. By putting children in a situation where they feel they have to choose between their parents, parents further destroy their relationship with each other and are unable to cooperate and co-parent in a manner that is in the child’s best interests. Children may resent and withdraw from their parents, creating long-term r[...]

Can Text Messages Be Used in a Divorce?

  • January 28, 2021
  • Evans & Herlihy

As divorce attorneys, we hear the question, “can text messages be used in a divorce?” quite frequently. Asking it makes a lot of sense. Think for a moment. You likely spend a significant amount of time on your cell phone. Today, more than ever before, many of us use texting as our primary form of communication with our friends, our families and, quite often, our significant others. In fact, newly dating couples tend to use text messages to get to know each other and even plan their dates. These texts are often fun and flirty. Cell phones offer an effective and efficient way to communicate. Unfortunately, as you are probably aware, conversations over text are not always happy and positive. In fact, many of us are more li[...]

What is an Uncontested Divorce?

  • November 13, 2020
  • Evans & Herlihy

Divorce can be one of the most devasting and adversarial experiences couples go through, but the process is made easier when a divorce is uncontested. So, what is an uncontested divorce? If you and your divorcing spouse can communicate and agree on the issues, Texas allows you to file for an uncontested or “agreed” divorce. This is a simplified process that is relatively fast, and you may qualify if you meet the criteria that includes: Both spouses agree to a divorce and on the “grounds” for the divorce You do not have minor children together, own property together, have retirement benefits to divide, or seek alimony There are no ongoing bankruptcy cases. Even if your divorce is uncontested, one spouse still has to get [...]