Welcome back to the third and final installment on the ways in which paternity is established in the state of Texas. This blog post will focus on adoption and some of the interesting intricacies that can spring up as prospective parents peruse the legal landscape of adoption in Texas. Chapter…
Texas Divorce Attorney Blog
Should I Get a Divorce or an Annulment? What’s the Difference?
Should I get a divorce or an annulment? What is the difference? New clients often ask whether they should seek a divorce or an annulment. The answer, unsurprisingly, is, “it depends.” First, it is important to understand the difference between a divorce and an annulment. One way to remember the…
Spouse Cannot Use Texas Law to Seize Federal Survivor Annuity Benefit
Many of you may know about ERISA, but for those of you who do not, here is a quick run down: ERISA is the Employee Retirement Income Security Act of 1974. It is a federal law that sets minimum protective standards for almost all voluntarily established pension plans in the…
Establishing Paternity in Texas Part II
Welcome back! Let’s dive in to the third way in which paternity can be established in Texas: an adjudication of paternity. Under chapter 160 of the Texas Family Code, an “adjudicated father” is defined as a man who has been adjudicated by a court to be the father of a…
Establishing Paternity in Texas
If you have ever wondered how paternity is established under Texas law, here are a few key points to remember. First, there are five ways in which a father-child relationship can be established: (1) an unrebutted presumption of the man’s paternity; (2) an acknowledgment of paternity; (3) an adjudication of…
Camille Cosby- To Divorce or Not to Divorce, that is the Question
In light of the recent rape allegations against Bill Cosby, many are wondering whether Camille Cosby, his wife, will be filing for divorce. Bill Cosby married Camille in 1964; they have been married 50 years. Her and Bill had five children together—both her and the children were the storylines for…
Devon Still and Outstanding Child Support? What if in Texas?
Many have heard the story of Devon Still and his daughter Leah—a four year old in a battle with cancer. Recently, it was reported that Devon Still ex, and mother of Leah, is accusing Mr. Still of failing to pay child support for many months. The question that many are…
How a Texas Court Might Have Handled the Hamm Divorce
This past November, an Oklahoma County Judge ordered billionaire oilman Harold Hamm to pay approximately $1 billion to Sue Ann Hamm, his wife of 26 years. Harold Hamm, who is the founder and CEO of Continental Resources, was specifically ordered to pay Sue Ann Hamm a total of $995.5 million,…
Are Prenups Worth It?
The short answer is “yes.” Texas Courts tend to enforce prenuptial agreements and postnuptial agreements. Section 4 of the Texas Family Code states that Courts should enforce marital agreements unless the party trying to invalidate the agreement can prove the following: The party did not sign the agreement voluntarily; or…
Same Sex Divorce In Texas
Article 1 Section 32 of the Texas Constitution states that “Marriage in this state shall consist only of the union of one man and one woman… this state may not create or recognize any legal status identical or similar to marriage.” Also, under the Texas Family Code, the Legislature of…