Law Office of Michael D. Tracton, P.C.
Call For A Free Initial Consultation
281-201-1481
View Our Practice Areas

October 2015 Archives

Service members, file for divorce in a state that benefits you

When a civilian couple decides to divorce, there may not be a lot that needs to be considered before they decide to go through with the process. There are rules and laws that can affect the divorce process, but when it is compared to a military divorce, civilian divorces may seem a bit easier to have granted. Knowing this, when a service member decides to divorce their spouse, they should consider a number of factors before they file, including where they file.

Rights fathers have prior to the birth of their children

Having a child is a huge responsibility that some people may not be prepared to take on. When it does happen, ready or not, parents have to make decisions that are in the best interest of their children so that they are healthy, happy and well taken care of. For parents who are no longer together, that often means allowing the child's father to build a relationship with the child prior to their birth as well as after.

What happens when grandparents want custody of their grandchild?

The issue of child custody is a common one for families to deal with. Not only may parents be feuding over custody of their child, the child's grandparents may also feel as though they are a better fit for the child. Should this happen, grandparents should not expect parents to just hand over their child or assume that the process of getting custody to be an easy one.

An attorney can help with your divorce legal matters

Divorce can be a difficult, emotional experience for couples. While some people may have come to the decision fairly quickly, others may have found that the decision to end their marriage took a lot of thought and time. No matter what type of couple it is, same-sex or opposite-sex, when two people decide to end their marriage, they may experience a lot of the same divorce issues.

How is property divided in the state of Texas?

Not every issue spouses discuss during the divorce process is easily resolved. People are hurt and upset, so they may not be thinking clearly when it comes time to sit down and get things figured out. When it is a high asset divorce, there is a lot at stake, which means things may be a bit more complicated than most divorces. Along with alimony disputes, they may also disagree about how property will be divided.

How military pensions may be divided when couples divorce

Couples in the military who are divorcing may find that things operate a little different than when civilian couples divorce. Although some of these differences are subtle, military couples should not expect for their divorce to go the same way as couples who are civilians. One thing that may be similar to civilian divorces is the issues that couples will have to address during the divorce process. Along with having to discuss alimony, child support and custody, couples may have to deal with property division, particularly the division of military pensions.

What happens when a father petitions the court for visitation?

Not every man who is a father wants to be a part of the life of his child. However, as a father you have parental rights too.  Growing up without a father may affect a child negatively. Both parents should work together to find an arrangement that is fair and that will give the father and child a decent amount of time together each month. It would be ideal for this to happen, but sometimes parents cannot agree and the case must go to court.

How can residency affect the divorce process?

The process of divorce is not always as simple as people would hope. There are state laws and rules that both opposite-sex couples and same-sex couples must adhere to if they want to start the divorce process and get things finalized in a timely manner. While there are a number of things that can prevent a person from filing for divorce, residency is the main issue that people may experience when they plan to file for divorce because it can affect when they can do so.

Consider seeking joint custody of your child

When parents talk about child custody, it does not always need to be an emotional, hostile discussion. Often times, one parent may believe that the other parent has already failed to do their part and that they should not be awarded custody of the child. However, just because one parent believes that the other parent is unfit doesn't mean that the courts will see it that way. With there being so much to examine before the courts award one parent custody and the outcome possibly being what neither parent had hoped, parents should consider seeking joint custody of the child.