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child of divorce

Children’s Issues in a Divorce

It is the policy of the State of Texas to assure children will have frequent and continuing contact with both parents who have shown the ability to act in the best interest of the child. With this in mind, the courts in Texas favor joint managing conservatorships in which...

Don’t Let Divorce Derail Your Retirement

If you are considering or going through divorce, it is likely that divorce will impact your retirement. However, the more knowledgeable you are about yours and your spouse’s finances, including your retirement benefits, and divorce law in Texas, the better prepared you will be to make sure divorce doesn’t...

The Traits Of The Best Divorce Lawyers

During the run up to a divorce action, those involved are understandably under significant stress making it hard to find the best divorce lawyer to represent their position. The process of identifying the lawyer that suits you best is difficult at best and even harder when you’re not really...
Do you need a prenuptial agreement

Do You Need A Prenuptial Agreement?

If you and your future spouse wish to have a clear and binding prenuptial agreement then it is advisable for both of you to engage your own family law attorney. However, long before you get the attorneys involved both of you need to decide on the terms. Why is...
What constitutes the divorce agreements

What Constitutes The Divorce Agreement?

A divorce agreement is a legally binding document that meets the expectations of both parties to a divorce. To reach the stage in the divorce action both parties will normally have hired their own divorce lawyer who will assist them in arriving at an agreement that is acceptable to...

What Is Family Law?

Family law is a body of case precedents and statutes that govern the legal responsibilities of those involved in a domestic relationship. Those that are included are the husband, wife, grandparents, etc., usually anyone that that is a blood relation or one related by marriage. As many cases involving...

Traditional Will or Revocable Living Trust?

   by  Ken_Mayer  By Houston Probate Attorney Estelee Garrison In recent years, the Revocable Living Trust has increased in popularity as an alternative to the traditional Last Will and Testament as an estate planning document, especially among the baby boomer generation. However, a living trust may not be the best...

5 Things You Need to Do When Preparing for a Divorce

by Houston Divorce Attorney Sam M. “Trey” Yates, III Happy New Year! As we move into 2015, news headlines and social media are abuzz with tips on how to eat healthier, get more exercise, organize our homes and offices, etc. As a family law attorney, experienced in divorce, I...

Is Your Estate Plan Up to Date?

By Houston Probate Attorney Estelee Garrison An effective estate plan should be designed to carry out your wishes for the distribution of assets and the appointment of representatives to manage your affairs in the event of your death, or temporary or permanent disability. To establish your intentions and reduce...

Five Tips for Surving Christmas During Divorce

Christmas is only three days away.  Traditionally, Christmas is a time for bringing the family together to celebrate. However, when you are in the middle of, or have recently completed, divorce proceedings, the holiday can feel much less festive. Throughout my years of practice as a divorce lawyer in...

Practice Gratitude and Realize the Benefits Even In Divorce

by Houston Divorce Attorney Sam M. “Trey” Yates, III My experience and science has proven it: practicing gratitude makes us happier; even while going through tough times in our lives, such as divorce. One very important segment of my law practice involves helping clients navigate the rough and choppy...

Temporary Orders During Divorce Protect Both Spouses

For many individuals facing divorce, a common concern is the disruption of financial security during the divorce process. This issue can be especially frightening and overwhelming when a stay-at-home parent, a financially dependent spouse or a disabled spouse is facing divorce. Here are some of the concerns I hear...

Dividing Marital Assets in a Divorce

by Houston Divorce Attorney Sam M. “Trey” Yates, III There are many myths surrounding divorce law in Texas. One myth is that all marital assets will be divided 50/50 in a divorce. This is not the law. In a divorce, the court will order a “just and right” division...

Gratitude Increases Happiness, Even During Divorce

by Houston Divorce Attorney Sam M. “Trey” Yates, III One very important segment of my law practice involves helping clients navigate the choppy waters of divorce. As one might expect, this is typically a very difficult time when my clients often feel overwhelmed, anxious, flawed, and dejected. As their...

Legal Term of the Week: Incompatibility

In the context of Family Law, incompatibility means unable to live together as husband and wife due to irreconcilable differences. In no-fault divorce states, if one of the spouses desires to end the marriage, that fact proves incompatibility, and a divorce (dissolution) will be granted even though the other...

Get Into the Driver’s Seat of Your Divorce

by Houston Divorce Attorney Sam M. “Trey” Yates, III If you are going through a divorce, or even just considering divorce, my advice is to find out all you can about the divorce process itself. Knowledge is power, so the more you know, the more engaged you will be...

Legal Term of the Week: Custody

Custody refers to the legal arrangements for which a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody is the decision-making part: physical custody refers to where the child lives on a regular basis. Generally, the...

You Play A Vital Role In Your Divorce Process

If you are considering or seeking a divorce, my best advice is to find out all you can about the divorce process itself. Knowledge is power, so the more you know, the more engaged you will be in your divorce, and the more empowered you will be in determining...

Divorce? Mediation May Be An Option

by Houston Divorce Attorney Sam M. “Trey” Yates, III Note: This article was originally published in the August 21, 2013 issue of The Houston Chronicle Senior Living Special Section. Many family law courts in Texas, including those in the greater Houston area, require couples seeking divorce to try mediation...

More Boomers Divorcing After Years of Marriage

by Houston Divorce Lawyer Sam M. “Trey” Yates, III Note: This article was originally published in the July 17, 2013 issue of The Houston Chronicle Senior Living Special Section. While the overall divorce rate in the U.S. has declined since 1990, it has doubled for those older than 50,...

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