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San Antonio Family Law Blog

Why district judges are so important (and not just to us)

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I recently sent out an email to friends and family touting the accomplishments of the Honorable Renée Yanta, who is running for reelection as the 150th District Court Judge. That might surprise some people, who might not realize that lawyers would endorse judges for races in the first place.

Why words matter (even after your divorce or breakup)

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When a couple decides to get divorced, they're immediately expected to abide by a set of guidelines called Standing Orders. In Bexar County, these guidelines, like in many other jurisdictions, address the manner in which the parties speak to each other and interact with each other.

Probate Assets vs. Non-probate Assets

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A big misnomer is that when you die you must go to probate in order to divide the estate, but in fact, the decision on whether or not to probate relies greatly on the type of estate of the decedent. Are all the assets probate assets? Or perhaps the estate is comprised only of non-probate assets? More commonly, the estate is probably comprised of both. One determines the classification of the assets following this rule: A probate asset is one that passes through the will (or court in an intestate estate) to reach a beneficiary, and a non-probate asset can pass directly to a beneficiary outside of a will and/or court.

Spousal Support in cases of disability

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In my last article, I talked about spousal support and how it is meant to be a temporary source of income for someone transitioning from being a stay-at-home spouse to a newly-divorced person entering the workforce. There's one important exception to discuss, though-a divorce that involves someone who is disabled and unable to work.

Keeping your divorce on track when challenges arise

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Some couples come to understand, despite working on their relationships, that it's just not going to work out. They may have spent considerable time trying to resolve their differences, but soon learn that the solutions they have created only provide temporary relief. The same inherent problems they have lead to the same arguments, which can be very frustrating for everyone involved.

The aggressive family law approach vs. our approach

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Some family law cases require what I'd consider to be extraordinary steps to protect the people involved, like filing a temporary restraining order with the divorce filing, or even a "kick-out" order requiring the respondent to leave the shared marital residence. If this is on behalf of a client who's being abused, it's absolutely the right way to go.

How does long-term spousal support work?

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In my previous article, we talked about how a person in a divorce case can get temporary support to maintain "minimum reasonable needs" per the Texas Family Code. But once the divorce becomes final, assets are divided, and child support amounts are determined, it is possible for long-term support to be part of the divorce decree.

What if I'm ready for a divorce and my spouse isn't?

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In a prior blog article, we discussed a couple of the issues that can prolong a divorce case beyond the state's minimum 60-day window. We touched on the conflicts that can delay a divorce, which typically happen when both parties are fully engaged in either trying to work out a settlement or presenting their cases to the judge to win a favorable settlement.

What is the timeline for a divorce in Texas?

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If you and your spouse decide to divorce in Texas, you should know -- even if you're both in agreement on every single part of your divorce -- it'll still take some time to finalize. After you officially file a petition for divorce, at least 60 days must pass before the divorce will be granted by a judge.

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