Robert Swearingen, a partner in Peterson & Swearingen, LLC, was cited in The Eagle concerning a case he successfully won before the Texas Supreme Court. Through the disqualification of a local judge, Robert successfully overturned a divorce decree and child custody order for one of our clients. The case was noteworthy because it ended up changing Texas Law, and Robert is now cited in numerous articles and legal publications about judicial qualifications.
Click here for the full article.
For a copy of the opinion, click here.
Showing posts with label Marriage and Divorce. Show all posts
Showing posts with label Marriage and Divorce. Show all posts
Tuesday, October 24, 2006
Tuesday, October 10, 2006
How long does it take to get divorced?
It depends. Isn't that a great lawyer answer! But it really does depend on many factors like:
--are you in agreement about how to divide your assets/debts?
--are you in agreement about where your kids will live?
--are you in agreement about child support amounts?
--are you in agreement about child custody visitation orders?
In most cases, these factors determine the length of time a divorce takes. However, there is a minimum time required.
In Texas, the Family Code (state law) mandates a 60 day "cooling off" period. What this means is that a Court cannot approve a divorce decree within 60 days of the date the divorce petition was filed. Therefore, even the shortest divorce case will take at least 2 months to complete. We advise our clients not to expect "quick" divorces.
As always, please feel free to contact us through our website (http://www.brazoslawyers.com/) if we can be of assistance.
--are you in agreement about how to divide your assets/debts?
--are you in agreement about where your kids will live?
--are you in agreement about child support amounts?
--are you in agreement about child custody visitation orders?
In most cases, these factors determine the length of time a divorce takes. However, there is a minimum time required.
In Texas, the Family Code (state law) mandates a 60 day "cooling off" period. What this means is that a Court cannot approve a divorce decree within 60 days of the date the divorce petition was filed. Therefore, even the shortest divorce case will take at least 2 months to complete. We advise our clients not to expect "quick" divorces.
As always, please feel free to contact us through our website (http://www.brazoslawyers.com/) if we can be of assistance.
Monday, October 09, 2006
Am I common law married?
Someone recently asked this question in the office, which caused us to again look at the common law (or informal marriage) statute. According to the Texas Family Code, there are 2 ways to be informally married.
1. Sign a declaration of informal marriage (which is kind of like filling out a birth certificate form)
OR
2. Agreed to be married, live together in Texas as husband and wife, and represent to others that you are married.
Some typical proof of informal marriage is the "wife's" use of the "husband's" last name, the way that you filed a tax return (married filing jointly), or the way assets or bills are titled (Mr. and Mrs. Smith). Other typical proof is the having of children together and the comments made to neighbors, family members or other friends.
A few other interesting things about Texas law on this subject are:
--you cannot be informally married if you are minor
--you also cannot sign a declaration of informal marriage if you are married to someone else
--only a man and a woman can be informally married (i.e. homosexual couples do not qualify).
As always, please feel free to contact us through our website (http://www.brazoslawyers.com/) if we can be of assistance.
1. Sign a declaration of informal marriage (which is kind of like filling out a birth certificate form)
OR
2. Agreed to be married, live together in Texas as husband and wife, and represent to others that you are married.
Some typical proof of informal marriage is the "wife's" use of the "husband's" last name, the way that you filed a tax return (married filing jointly), or the way assets or bills are titled (Mr. and Mrs. Smith). Other typical proof is the having of children together and the comments made to neighbors, family members or other friends.
A few other interesting things about Texas law on this subject are:
--you cannot be informally married if you are minor
--you also cannot sign a declaration of informal marriage if you are married to someone else
--only a man and a woman can be informally married (i.e. homosexual couples do not qualify).
As always, please feel free to contact us through our website (http://www.brazoslawyers.com/) if we can be of assistance.
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