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Family Law Archives

Dealing with the marital homestead

One of the first major purchases that newly married couples in San Antonio make together is a home. Sharing a residence together, however, is not always the secret ingredient to marital bliss. In fact, the Texas Department of State Health Services report that as recently as 2012, over 80,000 divorces were reported to the Texas Vital Statistics Unit. For many of those separating couples, one of the biggest issues they must deal with is what to do with their marital homestead.

Woman recognized as ex-wife’s husband for custody purposes

The issue over parental roles has become hotly debated in recent years in San Antonio, particularly considering many of the shifts seen in societal norms. Recent federal rulings that have served to legalize same-sex marriages have even further blurred the lines between what it means to be a father and mother. With the rise is same-sex marriages has also come an inevitable increase in same-sex divorces, as such couples are subject to the same stresses that cause many heterosexual marriages to fail. Without established laws on the books, family courts are often encountering the need to be creative in the way laws are applied.

Reviewing Texas annulment guidelines

While couples who divorce in San Antonio may want to convince themselves that their marriages never happened, their unions are recorded as a matter of public record. That is, if they do not choose to pursue an annulment. While many use the terms “divorce” and “annulment” interchangeably, the truth is that they are different. Divorce describes the legal dissolution of a valid marriage, while an annulment declares that a marriage was never valid to begin with. Annulments tend to be less common than divorces, with CNN reporting that on 50,000 were granted in 2012. However, some may prefer this method of ending their marriages due to social or religious circumstances.

Details obtained in divorce case could land judge in hot water

If asked, divorcing couples in San Antonio would likely say that they would prefer to keep the details of their proceedings private. Unfortunately, that may be difficult to do in each and every case. Those who choose to take their proceedings to court will see the details become a matter of public record. Also, if one of the parties involved is a public figure, then keeping any details that may be applicable to his or her public persona under wraps might also be difficult.

Appellate court overturns adoption of 3-year-old

Adoption proceedings in San Antonio can quickly become complicated, particularly in cases were both biological parents do not participate. In most cases, both parents must consent to an adoption before it can be finalized. There are, however, certain exceptions created by individual state laws that may allow for such a case to be completed even if one of the biological parents is absent. However, the criteria for determining if a parent has forfeited his or her parental rights may be subjective, and could come into question at a later date.

Is yours a common law marriage or a domestic partnership?

Many couples both in San Antonio and throughout the rest of the U.S. choose to cohabitate rather than marry. The decision to do so may not necessarily be a reflection of their feelings towards each other and their relationship, but rather could simply be based on a personal preference. If this describes you and your partner’s situation, then you may think that the two of you are defined as being in a common law marriage. This assumption could have a dramatic impact on what could happen should you one day choose to separate.

Can my ex-spouse’s license be suspended for noncompliance?

Coming to terms on a divorce agreement is just the first step in moving on from your marriage in San Antonio; you then must hope that your now ex-spouse adheres to it. If he or she refuses to, you do have options through which you can ask the court to compel him or her to do so. Most often assume that any enforcement measures that the court may take against one who has failed to follow the terms of his or her divorce agreement will be financial. That is often how the recovery of divorce-related arrears begins, yet if your ex fails to respond to those, are their other enforcement options at your disposal?

Appellate court upholds ruling naming embryos marital property

For San Antonio couples struggling with fertility issues, new advances in reproductive science may now offer them the hope that having children is possible. One such method that has helped couples in such a situation succeed in getting pregnant is implanting embryos through in-vitro fertilization. Couples seeking this treatment may often have to store multiple embryos. If a couple with stored embryos chooses to separate, the question may arise as to whether those embryos are considered human beings or marital property.

Reviewing the implications of common law marriages

There may have been a time in San Antonio when the expectation was that couples who chose to live together would inevitably marry. However, recent statistics seem to suggest those days have passed. Information shared by NBC News showed a sharp increase in the number of couples cohabitating in the U.S. in 2010 as opposed to just 15 years earlier. Nearly 32 percent of those couples continued to live together without marrying. If one chooses to remain in such a relationship, he or she should understand how Texas views such unions, and whether or not they qualify as common law marriages.

Revoking your ex-spouse’s power of attorney

When people in San Antonio choose to marry, they may often also decide to entrust their new spouses with certain legal privileges, such as power of attorney. If their marriages end in divorce, many may believe that their separations invalidate such agreements. However, they may often come to us here at The Law Office of Roland R. Esparza only after discovering that assumption to be untrue. If you are getting a divorce and have given your soon-to-be ex-spouse power of attorney, then you may want to know how to revoke those rights.

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

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