Category: Family Law

• December 24, 2021
• Evans & Herlihy

When a marriage ends, many questions need to be answered, including "what is considered an asset in divorce?" A general rule for determining what are considered assets in a divorce settlement is any property of value purchased during the marriage. Some assets are safe from divorce; but otherwise, a majority of assets acquired during the marriage are considered community property by the state of Texas and owned equally by both spouses. The division of assets during a divorce is usually 50/50, but some circumstances can result in an unequal division. Here's a look at what is considered an asset in a divorce: What Are Considered Assets in a Divorce Settlement? A married couple is considered to be joint owners of any property of value that [...]

• December 13, 2021
• Evans & Herlihy

Even an amicable divorce can be a complex matter if a couple has accumulated a lot of assets during their marriage. As you begin the process of dividing these assets, you may have several questions about which assets should be included in the division and which ones are off the table. Many divorcing couples ask, “How do I prepare my assets for divorce?” A qualified and experienced divorce attorney can help you to list your assets and get everything you’re due, but there are a few tips you should know going into the process. What Assets Should Be Included in a Divorce? Let’s start by defining what counts as an “asset.” For the purposes of the division of property, an asset is any item that can be converted into cash, w[...]

• November 10, 2021
• Evans & Herlihy

Whether you know your relationship is on rocky ground or not, you may find yourself asking what to do when your spouse is spying on you. While no one likes to think it will get to this level, all too often it does, and you may feel threatened or angry that your privacy is being disrespected in this way. There can be numerous reasons for your spouse’s spying. He or she may not trust you and be looking for a reason to confront you or to justify his or her own actions. If you’re going through a divorce or a child custody battle, your spouse may be seeking information to use against you. These days, spying on a spouse is not uncommon and may include the hiring of an investigator or someone else to keep tabs on you. Understanding what [...]

• 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 [...]

• 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[...]

• 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[...]

• 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[...]

• 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 [...]

• 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[...]

• 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[...]