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Recent Blog Posts
How Can You Ensure Separate Property Remains Separate?
Recently, a Texas divorce case made the news regarding whether the husband’s inherited, separate property would remain separate during his divorce or would become marital property, subject to property division. The former wife appealed the property division set forth by the court, which awarded the husband two pieces of real property as his separate property.
On appeal, the wife challenged the trial court’s characterization of certain properties as the husband’s separate property, claiming the husband failed to present sufficient evidence of the property’s separate nature. The appeal is pending. Texas is one of nine states that operate under community property law when dividing marital assets. Community property divides marital property right down the middle, regardless of extenuating circumstances.
States that operate under equitable distribution divide marital assets fairly but not necessarily equally. Community property laws in Texas make ensuring property remains separate even more important when that is the wish of the spouse who owns the property. If this is a concern of yours, it can be helpful to speak to an experienced McKinney, TX property division lawyer from The Ramage Law Group.
What is a Texas Rule 11 Divorce Agreement?
Suppose you and your spouse have agreed to divorce, and your spouse asks you to use a Rule 11 divorce agreement. You may not have heard of a Rule 11 Texas divorce, so you are unsure whether you should agree to it. You should always speak to a knowledgeable McKinney, TX family law attorney before you agree to use a Rule 11 agreement in your divorce.
A Rule 11 Agreement is a Legally Binding Contract
In Texas, a Rule 11 agreement is a contract between spouses in a divorce or custody case. A Rule 11 agreement can include asset division, child custody and visitation, a parenting plan, spousal support, medical insurance, and debt division. The process is named after Rule 11 of the Texas Rules of Civil Procedure, which mandates that all agreements in civil cases be put in writing, signed by all involved parties, and filed with the court.
While not officially a court order, a Rule 11 agreement has the same effect and is enforceable by the court. Failing to comply with a Rule 11 agreement can result in fines and jail time. Either spouse can withdraw a Rule 11 agreement prior to the final judgment. Once it is codified into a divorce order, modifications require a court petition.
New Law Requires Parental Consent for Underage Social Media Use
Parts of the SCOPE Act (HB 18) recently went into effect in Texas after the governor signed it into legislation last year. One part of the new law requires parental approval for a minor under the age of 18 to create a social media account. Digital service providers, such as companies that own software, apps, and websites, must now protect minors from harmful content and data collection practices. Since the law requires parents to approve the creation of a social media account, the issue can become a hot topic for parents who disagree about the use of social media for their children.
While married parents may disagree about whether a child is old enough or mature enough to have his or her own social media account, it can become more of an issue between divorced parents who are navigating the choppy waters of child custody and co-parenting. If you and your ex disagree about whether your child should be allowed to have his or her own social media account, who has the final say? For this and other difficult questions, it may help to consult with an experienced McKinney, TX child custody attorney from The Ramage Law Group.
How is Asset Division Different in a Gray Divorce? | TX
Asset division can be complicated in virtually any divorce, but it is more complicated in a gray divorce. Gray divorce refers to spouses in their late 50s, 60s, and 70s who choose to divorce. This demographic has significantly increased over the past three decades. In fact, the divorce rate for those over the age of 55 has doubled since 1990, and for couples over the age of 65, it has tripled.
One in 10 people divorcing today is 65 or older. Although gray divorces can be easier in some ways—notably, the children are grown, and custody issues are not a factor—they can also be more difficult in other ways. Older people are likely to have more assets yet less time to plan for retirement.
There may also be considerations involving health insurance coverage, Social Security, retirement funds, long-term care, and inheritances. If you are considering divorce over 50, there may be special asset division issues to contemplate. Speak to a knowledgeable McKinney, TX asset division attorney from The Ramage Law Group to ensure your future is protected and you receive your fair share of the marital assets.
What if Parents Disagree About a Child’s Social Media Use?
Following a divorce and the implementation of a parenting plan, there are often some obstacles to overcome when the parents disagree about a specific subject. These disagreements can result in high-conflict custody issues for virtually every parental decision. The use of social media is one such issue.
In the state of Texas, a part of the SCOPE law (HB 18) just went into effect. The highlight of this law is the Securing Children Online through Parental Empowerment Act. This Act is meant to protect children online while also providing parental controls and protections for parents. Parents in Texas may or may not agree with this new law and may not agree with one another regarding allowing their children to use social media.
If you and your ex are having disagreements regarding issues related to your child or children, sometimes the best step you can take is to speak to a knowledgeable McKinney, TX custody attorney from The Ramage Law Group. You can have all your questions answered, allowing you to make a sound decision regarding what you need to do to handle the disagreement.
When Can Grandparents File for Custody in Texas?
In most families, a baby is born and raised by his parents. However, it is not so clear-cut when the parents get a divorce, or the parents are unable or unwilling to raise the child. Texas courts prefer awarding shared custody to both parents whenever possible, but under certain circumstances, other arrangements might be in the child’s best interest. If your children cannot provide a safe and healthy environment for your grandchild, speak with a knowledgeable Collin County, TX family law attorney about seeking conservatorship.
How Can a Grandparent Request Custody?
To be awarded conservatorship of your grandchild in Texas, you need to prove that there is a good reason to do this.
- Temporary guardianship: If the child’s parents recognize their inability to raise the child, they can choose to sign a Minor Child Power of Attorney form to award the grandparents temporary guardianship. With this power of attorney, grandparents can make all decisions about the child’s upbringing and care. This is often used if the concern is not about the safety of the environment the parents provide but other reasons, like the parent’s military deployment, significant injury, or a relocation for work. This type of arrangement can be revoked at any time by the parents.
Ramage Family Law Joins the Inc. 5000 List
We are thrilled to announce that our firm has been recognized on the prestigious Inc. 5000 list! The 2024 list released by Inc. Magazine ranks companies according to percentage revenue growth between 2020 and 2023. Being included among the fastest-growing private companies in America is a tremendous honor, especially as a family law firm that is dedicated to serving our community.
Winning the Inc. 5000 award reflects the hard work, dedication, and unwavering commitment of our entire team. It is more than just a business achievement; it is a testament to our mission of helping families navigate challenging times with compassion and experience. As family lawyers, our focus has always been on providing the highest level of legal service while making a positive impact on the lives of those we serve.
This recognition did not happen overnight. It is the result of years of dedication to our clients and a relentless pursuit of excellence in family law. Our growth is driven by our clients' trust and the referrals that continue to be a cornerstone of our practice. We have invested in building a team of passionate professionals who have a strong understanding of family law and who share our commitment to exceptional client service.
Can Texas Fathers Modify Custody for More Parenting Time?
There is a common but outdated idea that mothers are always the dominant parent. The truth is that every family is different. Some fathers are just as involved or more as their child’s mother. Texas has no laws giving preference to mothers in custody arrangements, and the courts generally prefer arrangements where both parents have rights and responsibilities. It is also possible to appeal for a modification if you are not happy with the amount of time you are granted. If you are a father who wants to increase his time with his child, speak with a compassionate McKinney, TX family law attorney to understand how.
How Is Custody Decided?
In Texas, custody is officially known as conservatorship. This refers to the rights and responsibilities of a parent or guardian. There are two main ways conservatorship can be arranged:
How Does My Child’s Emancipation Affect Texas Child Support?
Parents required to pay child support in Texas must pay a specific amount for each child until the child reaches the age of 18 or graduates from high school. Parents can agree on child support extending past the age of 18 if both parents intend to support their child in college. When a child suffers from a disability (mental or physical) that either manifested or was known to exist before the child reached the age of 18. Even when the child is not institutionalized or hospitalized, the court can order indefinite child support when it can be shown that the child is incapable of becoming self-supporting or requires significant, continuous care and supervision.
Court-ordered child support payments for a disabled child can be paid directly to the child or to the parent or guardian. What happens when a child who has not reached the age of 18 becomes emancipated? Must the parent paying child support for that child continue to pay?
This is an out-of-the-ordinary situation that can benefit from a knowledgeable McKinney County family law attorney. An experienced attorney can look at each individual situation and help you determine whether child support is still required.
How Will a Texas Divorce Impact Your Business?
Many aspects of divorce can cause difficulties for divorcing spouses. Some issues are expected, while others can be very unexpected. A Texas couple may expect that a business will be divided according to Texas community property laws but may not fully understand how that can vary depending on the circumstances.
The type of business can have some bearing on how it will be divided. An executive business may be handled differently than a "mom-and-pop" business in certain ways. Other issues related to the business can also make a difference in division. Was the business in question started after the marriage?
Does the business involve the professional license of one or both spouses? Have both spouses participated in operating the business? Is one spouse’s contributions to the business significantly greater than the others? Were marital assets used to improve the worth of the business?
As you can see, dividing up a business during a divorce can be complex. The division of a business requires a highly experienced family law attorney to ensure the division is equitable. When you have a knowledgeable attorney advocating on your behalf, you can rest easy knowing you will receive your fair share of the business.
Finding The Right Attorney Matters. Contact Us Today.
A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.
To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.
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