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Family Law Archives

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.

Examining postnuptial agreements

Many of those in San Antonio that are planning to marry are often encouraged to sign prenuptial agreements to protect their assets in the event of a divorce. Yet if one has already married and wants to enter into a similar agreement with his or her spouse, is that possible? Postnuptial agreements may have once been the subject of jokes and legal fodder, but today they are becoming increasingly popular. A 2015 report shared by PRNewsire showed that 50 percent of the membership of the American Academy of Matrimonial Lawyers noticed an increase in the number of such agreements in the last three years.

Determining if divorce impacts a probate homestead

It has been our experience here at The Law Office of Roland R. Esparza that marriage is one of the events that prompts many in San Antonio to begin to consider estate planning. Unfortunately, the same consideration is not always given if and when couples divorce. You may have happily created a will, trust, or other estate planning articles with your new spouse shortly after you married, yet failed to consider the implications of those same documents when you separated. If you never remarry, then the issue of whether or not you ever updated your will may never be relevant. However, if you do marry again, then failing to change your will could potentially cause problems between your current and former spouse upon your death.

Temporary restraining orders in Texas

At this moment, there may be many in San Antonio being subjected to spousal abuse. Information shared by the National Coalition Against Domestic Violence shows that an average of 20 people are physically assaulted by an intimate partner every minute across the U.S. Yet many may suffer silently, fearful that if they did try to leave their marriages, they would have little legal recourse to protect themselves from their abusers.

How can you get the court to enforce an order for child support?

If you happen to be owed a child support obligation from your ex-spouse in San Antonio, you may find the actually collecting your payments could end being much more difficult than earning the right to receive them in the first place. So what are you to do if your spouse misses his or her payments?