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Posted By Menduni Martindill, PLLC || 10-Dec-2014
An uncontested divorce is what happens when both spouses agree to the divorce and do not have serious issues with how spousal maintenance, child custody, and property division will be awarded. A contested divorce is one where the spouses cannot reach an agreement about anything in a divorce. Contested divorce can take months of expensive litigation to come to a close. In contrast, obtaining an ...
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Posted By Menduni Martindill, PLLC || 3-Dec-2014
The holiday season can be hard on families affected by divorce. It is stressful for parents that are attempting to determine how they will create the holidays for children, and children who are suddenly facing this time without the support of both parents for the first time. As a parent, it is important that you do what you can to make the holidays as smooth as possible for all involved. Keep the ...
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Posted By Menduni Martindill, PLLC || 26-Nov-2014
Following a divorce, the court may mandate one spouse to make payments to the other. Known as alimony or spousal maintenance, the purpose of this payment is to ensure that neither party faces undue financial hardship based on the decision to no longer be married to one another. Other ways that spousal support can be granted is if one spouse committed an act of violence against the other, a ...
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Posted By Menduni Martindill, PLLC || 19-Nov-2014
When the parents of a child are no longer involved with one another, one of the hardest decisions they will need to make is how they are going to divide their time with the child. Known as child custody, this legal decision is heavily impacted by what is in the best interests of the child when it comes to spending time with their parents. Texas law ensures that neither parent is favored, as the ...
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Posted By Menduni Martindill || 3-Feb-2014
Texas has recognized common law marriages since 1847. Texas refers to common law marriages as informal marriages. In order to be informally married the following requirements must be met: The parties must agree to be married – this means that the parties must agree to be presently married; therefore, an agreement to marry in the future would not satisfy this requirement; After agreeing to be ...
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Posted By Menduni Martindill || 27-Jan-2014
Martial property consists of all property that a spouse brings into a marriage or acquires during the marriage. All marital property is either community property or separate property. Generally, separate property is: Property that a spouse owned prior to marriage; Property that a spouse inherited; Property that a spouse received as a gift; Property recovered for personal injury; and Property that ...
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Posted By Menduni Martindill, PLLC || 20-Jan-2014
For one reason or another, one spouse or both partners may wish to delay or stop the divorce process. Depending on the circumstances involved, there may be certain situations where this is possible. Situations where you can stop your divorce proceedings include: You Are the Petitioner – If you filed the Petition for Divorce and your spouse did not file a Counterpetition, you can file a ...
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Posted By Menduni Martindill, PLLC || 14-Jan-2014
There's no avoiding the fact that the divorce process is costly, both financially and emotionally. Here are some tips that will help ease the process. Do your homework in advance. Locate and obtain important documents and financial records as soon as possible! It is very likely that your attorney will need bank and credit card statements, documentation of loans and mortgages, pay stubs, tax ...
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Posted By Menduni Martindill, PLLC || 7-Jan-2014
Mediation is a form of dispute resolution that allows couples to reach divorce settlements outside of the courtroom. If you're seeking a divorce, you may wonder, "Is mediation the best option for me?" The answer to this question depends on the unique circumstances surrounding your case. Generally speaking, mediation is a better option for uncontested divorces. On the other hand, ...
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