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The Basics of Alimony in The Woodlands

January 29th, 2010 Rich Shea No comments

Alimony and spousal maintenance are still alive. In certain situations spousal maintenance is an option and it may be one of the issues you have to discuss with your Woodlands Divorce Attorney. One of those situations is if your marriage lasted more than 10 years either spouse may be eligible for alimony or spousal maintenance.

Alimony is not automatic once your marriage crosses the 10 year mark. There are several additional key criteria that must be established before a judge can order alimony. Specifically, the spouse seeking support must show that he or she Read more…

Categories: Property Tags: ,

Child Support and Disability Benefits

January 23rd, 2010 Rich Shea No comments

A household where one or sometimes both parents are disabled faces many challenges. Trying to make ends meet on a modest income is never easy. After a divorce in Montgomery County, Texas there may be a new monthly expense, child support. How does a parent receiving disability benefits afford child support? How does your child get the support it needs if one parent is unable to work and receiving disability benefits?

Many families have faced this issue before. The general rules is that if the child Read more…

Categories: Child Support Tags:

The Collaborative Divorce Stages

January 18th, 2010 Rich Shea No comments

A contested divorce case has many stages which you may be aware of. There can be temporary orders, discovery, court hearings, depositions, court hearings, arguing, personal attacks, and more court hearings. If you are looking for a less destructive way to move on from your marriage then Collaborative Divorce may be right for you.

The Collaborative Divorce process in The Woodlands and Montgomery County has several stages, but you might notice they are quite different from the stages of a contested divorce. The stages of a Collaborative Divorce are: Read more…

Categories: Procedure Tags:

Parental Rights During Visitation

January 14th, 2010 Rich Shea No comments

At the end of your divorce case in Montgomery County you and your ex-spouse will have very specific parental rights and responsibilities spelled out in your divorce decree. Most parents end up being appointed as either a managing conservator or at least a possessory conservator of their child or children. What are your rights and duties as a conservator during the time when you are the parent in possession of the child or children? What are the rights and duties of your ex-spouse when he or she has possession of your child or children?

Unless limited by court order, each parent appointed as a conservator of a child has the following rights and duties during the time that the parent has possession of the child:

  1. The duty of Read more…

Your Child’s Residence

January 7th, 2010 Rich Shea No comments

Where will your child live after the divorce?

During your marriage you both had a voice in determining where you and your child would live. One of the changes that accompanies every divorce in Montgomery County is that only one parent will have the exclusive right to determine the primary residence of your child after your divorce is final. This has the potential to be very disruptive to maintaining a relationship with your child and is something you should discuss with your Woodlands Divorce Lawyer.

What If You Are Joint Managing Conservators? Read more…
Categories: Custody Tags:

The Standard Possession Order Part 2

January 5th, 2010 Rich Shea No comments

Today we will review the standard possession order as it applies when the possessory conservator resides more than 100 miles from the residence of the child. There are some significant differences from the possession order that is used if you are within 100 miles of the child’s residence so review it carefully with your Woodlands, TX Divorce Attorney before your Montgomery County Divorce is finalized.

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend Read more…

The Standard Possession Order Part 1

December 30th, 2009 Rich Shea No comments

When will you get to see your child?

When will your ex-spouse get to see your child?

These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).

For Parents Who Reside 100 Miles or Less Apart

(a)  If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: Read more…

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