FAQs

Probate in Texas is a legal proceeding by which a court recognizes a deceased person’s death and appoints a personal representative to settle their outstanding debts and distribute any remaining assets to their heirs or beneficiaries. The term is used to mean all proceedings pertaining to the administration of estates, whether the person died testate (with a will) or intestate (without a will).

In general, the probate courts in Texas handle a variety of legal matters including but not limited to, probate administrations, both independent (unsupervised) and dependent (court supervised); guardianships for incapacitated adults; matters involving inter vivos, testamentary and charitable trusts; and hears all cases involving civil mental health commitments.

Many of the probate courts in Texas are statutory probate courts which means they have exclusive jurisdiction over their respective county’s probate matters. They also have expansive jurisdiction to handle almost any civil matter that is related to an estate. These courts are presided over by judges elected on a countywide basis.

While there are strategies that can be taken during your estate planning to obviate the need for probate, every case is different and there is never any guarantee that probate can be entirely avoided. Some of these strategies include: ensuring all your accounts have beneficiary designations, filing Transfer on death deeds for your real property, and creating a living trust.

Every case is different and therefore, the time frame can differ depending on the facts. For simple and straightforward estates, the administration can take up to 6-9 months. However, in various situations such as when no will exists, or dealing with a lost will, or even a contested will, the process can take several months or years to resolve.

When someone passes away in Texas, the personal representative (also called an executor when the decedent leaves a will, or an administrator when there is no will) has four essential functions. They are as follows:

• Presenting the will (if one exists).
• Identifying and collecting estate assets.
• Paying any debts owed by the decedent at the time of their death.
• Distributing the remaining assets according to the terms of the will, or the Texas law of intestate succession (if there was no will).

1. Presenting the will

The first step is presenting the will to the probate court to ensure that all property is transferred as specified. After the judge issues an order authorizing the named executor to act, that executor has the authority to transfer assets, access financial accounts, communicate with third parties and carry out their other responsibilities.

2. Identifying and collecting estate assets

The executor must take an inventory of estate assets in order to accurately transfer property and pay any financial obligations. They make a list of personal property, assets with titles (such as vehicles and real estate) and financial holdings, such as investments and bank accounts. In addition, if the estate includes property in another state, the executor will start another probate process in that state for its disposition. If the deceased owned a business that requires management, the executor may seek assistance from the probate court to establish a trust.

3. Paying estate debts and taxes

The executor will notify all creditors about the person’s death and validate any claims before paying them to ensure that they are legitimate debts. Other duties include:

Filing tax returns for the decedent and the estate and paying any taxes due
Notifying the Social Security Administration regarding benefits payments
Canceling credit cards

Any assets that remain after all financial obligations are satisfied are then distributed.

5. Distributing assets

At this stage, the executor’s primary responsibility is ensuring that all named beneficiaries receive the property left to them in the will. This means that they must:

Locate these beneficiaries
Distribute the assets in accordance with the terms of the will

If an asset is not named in the will, the executor will distribute it according to Texas law. Once all distributions are complete, they return to the probate court and ask it to close the estate and discharge them as the executor.

The first step is presenting the will (if one exists) to the probate court to ensure that all property is transferred as specified. After the judge issues an order authorizing the named executor to act, that executor has the authority to transfer assets, access financial accounts, communicate with third parties, and carry out their other responsibilities. In cases where there is no will, the court will issue an order determining who the legal heirs are and their rightful percentages of the estate. Once the heirs are determined, the court will then appoint an administrator who will carry out the duties, similar to that of an executor.

The personal representative must take an inventory of estate assets in order to accurately transfer property and pay any financial obligations. They are required to make a list of personal property, assets with titles (such as vehicles and real estate), and financial holdings, such as investments and bank accounts.

In addition, If the estate includes property in another state, the personal representative may need to initiate an ancillary proceeding in that state for its disposition.

If the deceased owned a business that requires management, the personal representative may need to seek assistance from the probate court to establish a trust.

The personal representative must notify all creditors about the person’s death and validate any claims before paying them to ensure that they are legitimate debts. Other duties include:

• Filing tax returns for the decedent and the estate and paying any taxes due
• Notifying the Social Security Administration regarding benefits payments
• Canceling and/or settling credit cards debts

Any assets that remain after all financial obligations are satisfied will then distributed according to the will or the laws of intestate succession.

At this stage, the personal representative’s primary responsibility is ensuring that all named beneficiaries or legal heirs receive the property left to them in the will. This means that they must:

• Locate these beneficiaries or heirs.
• Distribute the assets in accordance with the terms of the will, or the court order.

If an asset is not named in the will, the executor will distribute it according to Texas law. Once all distributions are complete, they may have to return to the probate court and ask it to close the estate and discharge them as the executor.

A dependent administration means that the administrator is dependent upon the Court’s supervision and authority to conduct any action in the probate process. This means an administrator would have to seek the court’s approval before selling any assets, settling any debts, and distributing any property to the beneficiaries. In addition, they must file accountings with the court every year that the probate case continues. This higher level of scrutiny can involve a lot of time and expense, but it helps estate heirs and beneficiaries feel confident that the administrator has properly completed their duties.

Independent administrations, on the other hand, allow the executor/administrator to fulfill their duties without any court supervision. This typically happens when a will appoints an executor and specifically states that the executor can act independently. This option is also available even absent a will if the heirs or beneficiaries of an estate all agree to waive the dependent administration requirement and appoint an independent administrator, which is less expensive and time-consuming. In this situation, the estate executor/administrator distributes assets, pays bills, and carries out their duties without court oversight.

Estate representatives have certain fiduciary responsibilities to the heirs and/or beneficiaries. They are:

The duty of loyalty: Every action taken by the representative must be for the benefit of the estate heirs and/or beneficiaries. They can never disclose information about the estate to unauthorized parties, favor their personal interests over those of the beneficiaries/heirs, or realize a profit in business dealings with the estate.

The duty of prudence: A personal representative must exercise diligence, care, and prudence in dealing with the assets of the estate.

The duty to preserve assets: A personal representative must provide sufficient security and protection for estate assets. This includes but is not limited to obtaining sufficient insurance coverage and maintaining a separate bank account for estate money.

These responsibilities remain the same regardless of whether the probate administration is dependent or independent.

The personal representative of an estate has certain obligations to beneficiaries/heirs of an estate. When a personal representative does not fulfill his or her obligations, beneficiaries/heirs have certain rights to force the representative to comply. This usually means getting the court involved. Personal representatives can significantly reduce their risk by respecting a beneficiaries’ reasonable expectations and rights.

A beneficiary/heir should expect the personal representative to do the following:

Provide the beneficiary/heir with information

It is a fundamental right of a beneficiary to ensure that an estate is administered properly according to the terms of the Will. To do so, beneficiaries must be provided with enough information to enforce their rights. This generally includes the right to receive a copy of the Will shortly following the death of the decedent, and the right of being informed about the assets of the estate within a reasonable period of time.

Distribute their entitlement in a timely manner

The length of time it takes to administer an estate will depend on its nature and complexity. It is quite normal for an estate to take a year to be administered. However, a wise personal representative may want to keep the beneficiaries informed of any expected delays.

Treat beneficiaries fairly

Beneficiaries have a right to be treated the same way as all other similarly situated beneficiaries. The personal representative should not give preferential treatment to some beneficiaries and not to others unless the Will specifically directs them to do so.

Provide an accounting report

In Texas, beneficiaries/heirs are entitled to an accounting–a detailed report of all income, expenses, and distributions from the estate which can be requested from the personal representative 15 months after being appointed by the court. The personal representative then has 60 days to furnish this request before the court will need to get involved.

If a beneficiary/heir believes that the personal representative is not acting in the best interest of the estate, the beneficiary can ask the court to have that person removed. However, a court will only remove a personal representative if it determines that their removal is justified. That usually means that the personal representative will remain in power unless he or she has been in serious breach of his or her obligations.

To avoid disagreements, an experienced or well-advised personal representative will not wait until beneficiaries start asking questions; they will let them know at regular intervals how the administration of the estate is progressing. Furthermore, if a beneficiary is not receiving the information they expect from the personal representative, they should request it on their own.

During probate, the court will legally recognize a person’s death, oversee the payment of their debts and rule on the distribution of their estate and assets. If your loved one had a drafted will, the named executor of that will must file for probate – typically within four years of the decedent’s death.

The Application for Probate of Will and Issuance Letters Testamentary form should be filed to the court with an original copy of the deceased’s will. From there, the court will have to notify each beneficiary and party named in the will that the process has begun.

The executor of the will must send certified letters to each person named in the will with a copy attached as well as the order from the court admitting the will to probate. The executor must typically do this within 60 days from the date of the order – and within 90 days, the executor must prepare a sworn affidavit with the court swearing that the beneficiaries were notified.

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or mind.

Three Basic Requirements for a Personal Injury Claim:

• The responsible party was careless (negligent). For example, if a truck driver crashed into an innocent victim’s car because he ignored a stop sign, the truck driver, under the law, would be considered negligent.
• The negligence caused the personal injury. In the above example, if the innocent victim sustained a broken arm and severe headaches as a result of the crash, the truck driver’s negligence would be considered to have caused the personal injury.
• The injury resulted in harm (compensatory damages). In the above example, if the innocent victim’s broken arm and headaches resulted in medical bills, lost wages, and/or pain and suffering, the injury would be considered to have resulted in compensatory damages.

There are two basic types of damages for which injury victims can be awarded monetary compensation — “compensatory damages” and “punitive damages.”

Compensatory Damages include:

• Medical bills: You are entitled to recover the total amount of your medical bills incurred as a result of your injuries, including future medical care.
• Lost wages: If you cannot work because of your injuries, you are entitled to recover your current and future lost wages.
• Pain and suffering: You are entitled to recover damages to compensate you for your physical discomfort and distress, as well as your mental and emotional trauma.
• Loss of normal life: If your injuries prevent you from enjoying the pleasurable aspects of life, such as hobbies, exercise and the like, you may recover damages for what is referred to as “loss of normal life.”

Punitive damages refer to a sum of money, often significant, that goes above and beyond compensating you for your injuries. Punitive damages are intended to punish the at-fault party for their extremely reckless or intentional behavior and are reserved for only the most extreme cases of reprehensible conduct.

There is a possibility that you can still have a case even if you do not feel hurt. After being involved in a car crash, it’s possible that the adrenaline from the car crash is causing you to not feel as much pain which is only temporary. You may start to feel increased pain or other symptoms later on, so it is better to always consult with a doctor even if you do not feel pain.

Four Essential Characteristics to Look For:

1. Experience You Can Trust

There are several stages to a lawsuit. During a lawsuit, you will rely on your attorney to help you make many important decisions — how much a case is worth, when to settle, when to go to trial, how best to handle an insurance company that refuses to negotiate in good faith, and more — each requiring the kind of decision-making that only comes with years of experience.

2. Proven Track Record of Success

Many personal injury cases are resolved through settlement, in which your attorney and the opposing attorney negotiate a financial payment for your injury in exchange for your agreement not to pursue the case any further. The attorney you choose should have a successful track record of settlements as well as jury trial verdicts.

3. Personal Service

Personal injury lawsuits can last from several months to two or more years. So, having a good relationship with your attorney is important. Good attorneys will understand your needs and be responsive to them.

4. No Fees Unless You Win

The best personal injury attorneys work on a “contingency basis,” meaning they only get paid if they successfully get compensation for you and your family. This aligns your attorney’s interests with your own.

The litigation process typically has 8 significant milestones:

1) The Incident

The injury or incident is what initially gives rise to a lawsuit. It can be a car crash, 18 wheeler crash, dog bite, injury on another person’s property, medical negligence, or other event that has caused harm to an individual.

2) Selecting an Attorney

Once you believe you may have been through an event where you need a remedy, it is important to speak to someone in the legal profession regarding your rights. Most attorneys who help victims are willing to speak to them about their cases free of charge.

3) Pre-Filing Fact Gathering

Whether or not you have selected an attorney, it is important to gather the materials you need to preserve the evidence in your case. The more material you have and the better organized it is, the more it will help your lawyer assist you.

4) Filing the Complaint

If the insurance carrier for the at-fault party who caused your injuries refuses to do the right thing, the only option is to file a personal injury lawsuit. The filing of the lawsuit is the initiation of the formal lawsuit process.

5) Formal Discovery

Formal discovery has several aspects, including asking and responding to questions known as interrogatories, seeking and turning over documents related to the action, and taking depositions. The formal discovery process in a case can last from three months to several years depending upon the complexity.

6) Settlement Discussions or Mediation

At a certain point in the case, the parties will typically sit down to some form of settlement discussions. The most common settlement discussion is mediation, usually overseen by a retired judge or an experienced lawyer who acts as a neutral party.

7) Trial

When the parties have been unable to reach a settlement and the case is fully prepared, the matter proceeds to trial. Trials on catastrophic cases often last several weeks or months.

8) Appeals

Appeals occur when one side is unhappy with the outcome or decision that has been reached at trial and believe there is a legal basis for the judgment to be set aside. Appeals typically take one to two years from the date the appeal has begun.

There is no Texas law that obligates you to speak to the liable party’s insurance company after a car crash. Instead, seek out legal representation from an experienced car crash attorney. It is always best to let your insurance company handle all matters directly with the other insurance company involved in a car crash claim. You are not required to discuss any details of the claim with the other insurance company.

During a personal injury claim, your hope is that you will receive compensation for any past and future medical expenses. While you wait, you need funds to pay for those bills. You have several options:

• Using Your Health Insurance: If you have health insurance, you can use that insurance coverage to pay for medical costs while you wait for an official settlement in your case.
• Deferred Medical Payments: Most healthcare providers will allow you to defer payments until you receive your settlement.
• Work with Your Attorney: Your attorney can negotiate with your healthcare providers to ensure that your treatment is not paused or affected while you wait for an injury settlement.

Most personal injury claims result in a settlement, or a payment of an agreed-upon amount compensating you for your injuries. A settlement agreement is a legally binding document both parties sign, agreeing to end the dispute and dismiss their claims. It’s also customary to sign a release in a settlement agreement.

A release of all claims form releases the other party from liability, meaning that you cannot pursue further legal action after accepting the settlement. Before you sign the release form, have your lawyer examine the document thoroughly. They should make sure that all damages are accounted for. Once that document is signed, you won’t be able to make additional claims.

The process of obtaining a settlement check includes the following steps:

• Signing a release: In order for the defendant’s insurance company to issue a settlement check, you will have to sign a release form stating that no further legal action will be taken.
• Processing the release: After you’ve signed the release, the insurance company processes the document and then issues a settlement check.
• Depositing the check: Once the check is received, your attorney will deposit it into a special trust or escrow account.
• Deducting legal fees and paying you directly: Most personal injury attorneys work on a contingency basis, which means a portion of the final settlement award is deducted and used to pay the lawyer fees.

In most personal injury claims, settlements take six months to one year. Be careful setting these type of expectations. It is better to say something along the lines of… “There are many factors that affect how long each person’s personal injury claim will take to conclude. The most important factor that is unique to each person is when that person reaches maximum medical improvement. Meaning no additional medical treatment is needed. That is why it is critical to hire an experienced personal injury attorney to ensure you receive the settlement you deserve for the disruption thrust into your life through no fault of your own.”

Speak with an Attorney Today

If you or a loved one was seriously injured, do not wait until you are facing insurmountable amounts of medical expenses to file a personal injury lawsuit. When someone else’s negligence leads to your serious injury, you have the right to seek compensation from that party.

An attorney can help you file an injury lawsuit against the at-fault party and not only receive compensation for your medical expenses, but for your lost wages, physical pain, and even mental suffering.

To get started, schedule your case evaluation with The Bowen Law Firm, PLLC. Attorney Boë Bowen understands how stressful it can be to face thousands in medical expenses after a serious injury, and he can help you and your loved ones recover the compensation you deserve.

Personal Injury settlement checks can be issued for various types of cases, including car crashes, wrongful death claims, slip and falls, product liability or defect claims, premises liability claims, medical malpractice, TBI (traumatic brain injury) or spinal cord injuries, dog bites and more. When a victim’s injuries are cause through no fault of their own by another person and suffers expenses from medical care, lost wages or earning capacity, reduced quality of life, pain and suffering, loss of consortium, and more, financial compensation via a civil lawsuit settlement is a means of helping the injured party recovery and live a productive life.

The process of obtaining a settlement check includes the following steps:

• Signing a release: In order for the defendant’s insurance company (or defendant alone) to issue a settlement check, you will have to sign a release form stating that no further legal action will be taken to pursue additional damages for the incident in question. By signing the release, you effectively protect the liable party from being sued in the future for the same injury or accident.
• Processing the release: After you’ve signed the release, the insurance company processes the document and then issues a settlement check. In most cases, the settlement check is sent to your personal injury attorney and made payable in both of your names.
• Depositing the check: Once the check is received, your attorney will deposit it into a special trust or escrow account. As soon as the check clears, your personal injury attorney will distribute the settlement money. However, it should be noted that in some cases your attorney might need to put a portion of the settlement money towards any outstanding debts or liens. Be sure to always discuss with your attorney in advance whether or not any unpaid debts or liens exist in your particular case, so you’re prepared accordingly.
• Deducting legal fees and paying you directly: Most personal injury attorneys work on a contingency basis, which means you pay nothing up front, and instead a portion of the final settlement award is deducted and used to pay the lawyer fees. Once your attorney pays off any remaining liens and subtracts legal costs (e.g. hours devoted to your case, court reporting costs, expert witness fees, private investigator fees, etc.), you will receive your settlement money. The contingency fee an attorney charges can vary depending on which attorney you choose to represent you. That’s why it’s important to always discuss fees and an estimated percentage deduction of your final settlement amount in advance. If you find two attorneys with similar experience and past success rates, but one charges a 45% contingency fee while the other charges 33%, it’s in your best interest to confirm those details ahead of time before committing to an attorney.

Potential Delays in Receiving Your Personal Injury Settlement Check

Delays, while not a common occurrence, can happen occasionally in personal injury settlements. In such cases, it’s helpful to know what to expect. If a defendant is not represented by an insurance company, it’s possible that he or she may have their own release form that needs to be agreed upon by all parties. In such cases, your attorneys, as well as the legal representation for the defendant, will have to review the release and agree unanimously on the terms. This may add additional time to your settlement check being received, but in most cases the situation can be resolved without issue and in a relatively short period of time. Wrongful death cases and other cases involving estates are two types of claims that tend to take a bit longer and require additional preparation.

Maintaining regular communication with your attorney and asking questions will help ensure you are kept apprised of timelines and any potential setbacks to receiving your personal injury settlement check.

Your Texas personal injury attorney may receive the check from the insurance company or responsible party after settling your case or winning an award in court. Then, they will take out expenses and fees before sending you the outstanding funds.

Most Texas personal injury attorneys handle cases on a contingency basis, meaning their clients do not pay anything until after they reach an agreement or receive an award in court. The law firm handling the case covers all expenses during this period and represents them to the insurance company, judge, and jury.

Signing the Settlement Agreement or Getting the Award

The process begins when you sign the settlement agreement or there is a verdict in court.

The agreement paperwork goes to the insurance company, where it may take a few days to a few weeks to process. We can call and check on an estimated date of your payment if it takes an unusually long time.

Understanding What Happens After the Law Firm Has Your Check

Once the law firm has the check, it will typically pay any liens that are on the settlement or judgment, such as from medical providers.

The law firm will also take its attorney’s fees and other expenses encountered during the case.

Attorney’s Fees

You can find out the percentage of your attorney’s fees from your agreement with your lawyer you signed at the start of your case. You can expect it to be a third or a little more of your total payout. There may be clauses that allow you to receive more or less of the total amount if your case settled before filing a lawsuit, or if you had to go to court.

Expenses

The expenses in your case depend heavily on the facts of the claim and how far your attorney had to go to build a strong case to fight for your compensation. Common expenses include:

• Administrative costs including copying, postage, and similar expenses
• Costs of the investigation, including accident reconstructions and survey teams
• Expert witness fees, if necessary
• Other expenses related to gathering information, such as medical record fees
• Court costs, if necessary

Simply put, a contingency fee means that a lawyer works in return for a percentage of a settlement, verdict, or a jury award: not for an hourly charge. When a lawyer works for a contingency fee, it means the attorney gets paid only if their client recovers damages. There is no upfront charge for the attorney’s services.

Contingency fees are deducted from the settlement or award that is recovered by a lawyer on the client’s behalf. If an attorney settles an injury claim with an insurance company, the contingency fee is deducted from the settlement. If the claim goes to a trial, the lawyer will represent the victim in court. If the verdict or jury award is in the victim’s favor, the contingency fee will be deducted from that when the judgment is paid.

It’s important to understand that with contingency fees, no recovery of damages means no legal fees. The lawyer only gets paid when you recover compensation.

Why Use Contingency Fees?

Contingency fees are common in personal injury claims. Quality legal representation can be expensive. Contingency fees are a way for people who may not be able to afford an attorney’s hourly rate to pursue a claim. Contingency fees allow injury victims to hire a lawyer without having to worry about legal bills on top of the medical bills and other injury expenses that may be piling up.

Limited client resources shouldn’t produce limited results. Contingency fees work for both clients and lawyers. That’s because the lawyer’s interests are aligned with the client’s. An attorney will accept only cases that have a strong chance of success. The more money the lawyer recovers for the client, the more the lawyer gets paid. That gives the lawyer a big incentive to maximize the client’s recovery.

In other fee agreements, a lawyer is hired to perform work at a set hourly rate. The client often has to pay an amount of money upfront called a “retainer.” If the retainer runs out, or the client is not able to pay their legal bill, the lawyer may stop representing them. Contingency fees help ensure that if a lawyer takes a claim, that lawyer will work on that claim until it’s finished.

Contingency fees allow clients to have their claims evaluated by a lawyer at no cost. A legal claim evaluation can be expensive, and many clients don’t have the resources. For a lawyer, it takes time, training, and experience to understand the strengths and weaknesses of a claim. The contingency fee model allows clients to get a lawyer’s consultation without spending money out of their pocket.

Contingency Fee Agreements

If you’re working with an attorney on a contingency fee basis, you may have to sign a contingency fee agreement. The contingency fee agreement will discuss the time and work a lawyer will put into the claim. It will also let you know if there are other costs that may arise with your claim.

The agreement will outline what costs are covered and what costs are not. The agreement will depend on the facts of your case and your situation. In most situations, clients will have no out-of-pocket costs.

Many costs may be discussed in a fee agreement including:

• Expert analysis. If your claim requires an expert to study the record, there may be related costs.
• Court fees. If a claim goes to trial, there may court fees incurred.
• Costs for certified records. Hospitals, insurers, and authorities may charge fees for official copies of records. These records can be vital to a claim.

Often, these costs can be deducted from a settlement or verdict, leaving clients with no out-of-pocket expenses. Our attorneys will work to craft a contingency fee agreement that works for you.

We Work for You

If you’ve been injured, contact us for a free consultation. We can discuss your claim and any questions you may have about contingency fees.

We have represented injury victims throughout Texas, including Harris County, Fort Bend County and Montgomery County areas and beyond. We understand the challenges of personal injury claims and we fight for our clients and their families. In many claims, we’ll work on a contingency basis so that you can get quality representation without out-of-pocket expenses.

Personal injury lawyers make money by winning personal injury cases in court or by settling personal injury case out of court. For the majority of personal injury cases, a personal injury lawyer will charge a contingency fee. In a contingency fee arrangement, the fee is contingent on the outcome. It is only paid if the case is successful.

If the lawyer wins the case, he or she will take a percentage of the final settlement in a case or from the final verdict at trial. When a person becomes a client of a personal injury attorney, he or she signs an agreement with the attorney agreeing to pay the percentage.

If no money is recovered from a judgment or settlement, the client does not owe the lawyer’s fees. The contingency-fee arrangement balances the interests of both the client and the attorney.

This percentage varies by state, case type and individual attorney. In general, it ranges from 33% to 45% of the settlement amount.

Contingency fees may appear high, however, when a person hires a lawyer on a contingency fee basis, that lawyer is taking a gamble on the case. During the course of litigation, some cases will settle, some will go to trial, and some will be appealed and perhaps tried multiple times. In other words, an attorney has little idea as to how much time a case will take at the time they take it. The case may make lots of money, or it could get nothing, and the lawyer will get no money for his or her time.

A client should always discuss a fee arrangement with the attorney at the start of the case, and it’s best to get the final agreement in writing.

It is common practice for the settlement check to be sent to the lawyer. When the settlement check is received, the lawyer will contact the client. The lawyer should also explain the amount he or she will be deducting from the settlement check to cover fees and expenses.

Most personal injury lawyers will also deduct any expenses that were covered by the lawyer. “Fees” and “expenses” do not mean the same thing.

Fees charged by lawyers are the charges for their time. Expenses are out of pocket expenses that lawyers pay in the furtherance of a case and may expect to be reimbursed for. Many personal injury lawyers will cover these costs and expenses and then deduct them from the client’s share of the settlement or judgment. Make sure it is understood whether the lawyer’s percentage is calculated from the total settlement, or whether costs are deducted before the calculation is made. In most cases, the lawyer fees are calculated based on the total settlement and then the costs are taken off after fees are deducted. Other lawyers charge for expenses as they become due. During an initial consultation with a personal injury attorney, be sure to inquire about all related fees and potential expenses.

Costs and expenses in a personal injury case may include:

• Court costs, such as filing and deposition fees
• Fees for investigators and expert witnesses
• Research service fees
• Trial exhibit preparation
• Copying, fax, postage and other office expenses
• Legal research costs
• Medical and police reports
• Travel costs

Some lawyers may charge lower fees, but keep in mind that a lower fee may mean a less experienced lawyer with less capital to fund a case. This means a higher percentage fee may be better if the lawyer obtains a higher settlement or verdict.

Some lawyers charge a tiered contingency fee that depends on how far a case goes before concluding. If the case settles before a lawsuit is filed, the contingency fee is lower than if the case goes to trial or beyond.

Most personal injury lawyers do not charge an hourly fee for their time. A number of lawyers will agree to take a personal injury case on an hourly basis, but a client needs available cash. A typical personal injury lawyer may charge anywhere from $250 to $500 or more per hour, plus expenses. This is why contingency fee arrangements are so attractive.

Personal injury claims cover a wide variety of situations and different types of injuries. You may have been injured in a car crash, by slipping and falling on someone’s property, or bitten by a neighbor’s dog. All these things are considered personal injury and the level of your injury can make big a difference in processing your claim.

That is why is it important to reach out for a free consultation with an experienced personal injury attorney at the Bowen Law Firm, PLLC today before you lose any rights to ensure maximum compensation for your injury.

Managing Your Own Case

Attempting to handle a claim on your own only to hire a lawyer later may complicate the claim process, so it’s important to understand what you’re capable of and what’s at stake if you mishandle your case. If you are unsure about what to do or how to handle a claim, you may consider contacting an attorney immediately after your injury for a consultation to find out if an attorney is worth the cost.

Here are a few examples of cases that you may be able to handle without an attorney:

You Were In A Car Crash With No (Or Very Minor) Personal Injuries

One of the most common types of case involves injuries caused in car crashes. Someone might rear-end you at a low speed and cause minor damage to your vehicle. The injuries to yourself or your passengers might result in a few visits to the doctor’s office. Filing a claim with your insurance, or the other person’s, will often be efficient and enough compensation to cover the costs of repair to your car and the medical expenses incurred because of the accident. If this is the case, and you are satisfied with the coverage and service you receive from the insurance claim, there could be no need to call an attorney or seek further legal advice.

You’re Already Receiving The Maximum Amount Available

Insurance companies will only pay out to their policy limits. This means if the defendant who injured you has a $30,000 maximum insurance policy and you’ve been offered a $30,000 settlement, even getting a larger verdict may not be useful to you. Any additional dollars over what the insurer is offering would have to be collected from the defendant directly. If the defendant has assets or money, then it may be worth it to try to collect additional damages if you believe you deserve them. However, if the defendant has little in the way of assets, then accepting the settlement is probably the best move.

You’re Comfortable Researching The Law And Settlement Process

Ensure you learn about the most important issues, including fault and legal liability that affect your case, and the various compensation available for different types of damages.

This can involve a lot of time and research in order to understand the particulars of the law. Many people do not have the energy to put into this research and there are professionals who have already undergone that training and have intimate knowledge of the law: attorneys. If you find yourself spending more time than it’s worth, and getting frustrated by the complications of the details, it could be time to consider consulting a legal professional.

That is why is it important to reach out for a free consultation with an experienced personal injury attorney at the Bowen Law Firm, PLLC today before you lose any rights to ensure maximum compensation for your injury.

While there is no requirement to hire a lawyer for a minor collision, you should think about doing so to cover your bases.

Consider this scenario: While heading to work or leaving the grocery store parking lot, the unexpected happens. Another driver hits your car. You think, should I simply exchange insurance information with the other driver, and both of us can be on our way? Should I hire a lawyer for a minor accident?

Depending on how the crash happened, the damage to the vehicles, and any possible injuries, it might be in your best interest to hire a lawyer—even for a minor collision.

The Damages May Be More Than You Think

When another driver hits you in a minor car crash, you might think that you will just file a claim with your insurance company or the other driver’s insurer, get a check to repair the vehicle damage, and put all this in the rearview mirror.

The truth is, however, that it is not always that easy. What may seem like a minor car crash can turn into a major legal battle you may not feel equipped to fight on your own if you suffered an injury that does not present itself immediately after the crash.

Possible Injuries You May Have Suffered

The Centers for Disease Control and Prevention (CDC) reports that motor vehicle-related injuries send more than 2.3 million people to the emergency room annually. However, after a minor car accident, you may still feel an adrenaline rush, and you may believe you are not hurt, so you do not see a doctor right away.

Following a minor car crash, you might have suffered injuries that do not present until days or even a few weeks later. These injuries can result in chronic pain from disorders that might require long-term treatment and rehabilitation.

Soft Tissue Injuries

A soft tissue injury causes damage to muscles, tendons, and ligaments. Even low-speed crashes can generate a lot of force. Drivers may hit the brakes, causing the vehicle to come to a sudden stop that can jerk the neck back and forth in a forceful manner. This motion could cause a condition called whiplash. The Cleveland Clinic explains that symptoms may not manifest for several days after a crash and may include:

• Neck swelling and stiffness
• Neck pain with movement
• Muscle spasms
• Headaches
• Shoulder pain
• Tingling or numbness in arms
• Memory loss
• Fatigue

Head Injuries

When the other driver hit you, you may have bumped your head on the steering wheel but barely noticed. If this happened during your car crash, you might have suffered a concussion. Concussions can be severe, although the symptoms may not show up right away. The Mayo Clinic describes the symptoms of a concussion as:

• Headache
• Ringing in the ears
• Nausea
• Vomiting
• Drowsiness or fatigue
• Blurry vision
• Confusion

See A Doctor After Your Car Crash

Both soft tissue injuries and concussions are common ailments following even a minor car crash. Either may eventually require a hospital stay, doctor visits, imaging tests, rehabilitation, prescription medications, and more.

These medical expenses can quickly add up. That is why it is essential to seek medical attention after your car crash, even if you do not think you were injured. If you quickly settle an insurance claim and accept an initial payment, you might waive your legal right to pursue compensation for your crash-related injuries in the future.

It is best to have a doctor document your injuries as soon after the crash as possible if you want to hold the at-fault driver responsible with an insurance claim or personal injury lawsuit.

Economic and Noneconomic Damages

If another driver caused your injuries or vehicle damage in a minor car crash, you should not incur these expenses on your own. You may be eligible to receive compensation for your losses through an insurance claim or personal injury lawsuit. You may be entitled to economic damages such as, but not limited to:

• Medical bills
• Lost wages
• Property damage
• Loss of earning capacity

You may also receive compensation for noneconomic (less tangible) damages such as, but not limited to:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life activities

Keep in mind, if you choose to hire a car crash lawyer for a minor crash and file a personal injury lawsuit, you have a limited time to do so. Every state has its statute of limitations, or deadline, for filing a case. If that time limit runs out, you might miss your opportunity to pursue compensation for your losses and injuries in court.

Why you should hire an attorney if you were injured through no fault of your own?

• Working with a car crash lawyer can help you receive reasonable compensation that may exceed the amount that the insurance company would offer you on your own. A personal injury attorney will help you present every detail about your case to the insurance company or a judge. He or she might bring up information that you would have missed if you did the negotiations yourself.
• Reimbursement for your car repairs and medical bills will almost always be determined by the amount that you paid. The lawyer will help you negotiate an adequate settlement for pain and suffering.
• It’s the insurance company’s job to offer you the lowest acceptable amount for a settlement. That’s how the organization makes the most of their own income and profits. An insurance adjuster may try to prove that you underwent unnecessary treatment. They may attempt to say that you were able to go to work.
• If you want to maximize your settlement, you’ll need to do more than submit a claim through an insurance company. An attorney will help persuade the insurance company that they should look into the matter further. A lengthy investigation may be initiated, and the personal injury lawyer will negotiate the settlement with the insurance company.
• You don’t always have to file a lawsuit to get a settlement payout for whiplash or another auto injury. The insurance company and your attorney may reach a suitable agreement. If they don’t, you may need to take the matter to court. A personal injury attorney can answer your questions about filing a lawsuit following a crash.

Depends, some estimates put the average car accident settlement for a minor to moderate collision at $20,000 to $30,000. Severe cases could be worth much more depending on circumstances. Some victims in Texas have obtained six- and seven-figure settlements for their car accident damages.

If you’ve been involved in a car accident, your insurance or the other driver’s coverage might be responsible for compensating you for injury and damages. Or you have collision coverage on your own vehicle and the crash was your fault, the insurance company will pay a certain amount to fix your car. If the cost to repair the damages is more than the value of your vehicle, the insurance company may consider your car totaled and give you a lump sum based on how much it’s worth.

When the wreck was caused by another driver’s negligence, his or her insurance company should compensate you for any losses, damages, pain and suffering. The sum that the company offers may be much lower than you expect. It’s easy to get reimbursed for funds that you’ve paid out. First, let’s be clear. We cannot give you an exact answer. It’s challenging to put a fair price on pain and suffering.

Average Auto Accident Settlement Amounts

It is difficult to determine average settlements, as each case is unique. However, this is a basic guideline to expect, based on various circumstances.

• $10,000 to $25,000 for minor injuries (soft tissue damage or whiplash)
• $50,000 to $75,000 for long-lasting injuries that require surgery or physical therapy
• $75,000 to $100,000 for spinal injuries (not resulting in paralysis)
• $100,000 and $250,000 for brain injuries (cognitive impairment, loss of brain function, requiring surgery)
• For debilitating injuries such as paralysis or severe brain injuries requiring daily assistance, settlements can cost well into the hundred-thousands or millions

Unfortunately, some insurance policies have limits. While the other driver may have had insurance, their company may not compensate the full amount you are due because of their limit. They will give you as much as they can to a point. If your settlement should be worth $20,000 but they will only give up to $10,000, that may be all you’re granted. You would have to sue the other person directly for the other portion of your due settlement.

Factors That Affect How Much Your Personal Injury Settlement Is Worth

The settlement amount you receive for your injury causing incident could vary based on several factors. Depending on

• what or who has been harmed
• damage solely to the car, if you sustained physical injuries
• if you experienced further pain and suffering after the immediate event

You could either receive a settlement that only covers the cost of your vehicle’s damage, or you could be granted a higher settlement due to long-lasting injuries and/or compensation for the time you could not work due to your recovery.

How Do You Calculate Pain and Suffering?

Pain and suffering involve the emotional distress brought on after you’ve been injured in an incident. Several facets of distress fall under the pain and suffering umbrella:

• Physical pain, both temporary and long-lasting
• Emotional and psychological disorders (depression, anxiety, insomnia, etc.)
• Physical limitations (disabilities)

Calculating pain and suffering can be done through several means. The simplest option: Total your bills, between medical expenses, therapy bills, lost wages, and vehicle damage. These are considered Special Damages. However, this is not the only method you can use, as those bills are separate from your personal pain and suffering, which are General Damages.

To accurately calculate your pain and suffering, you must determine what category your pain and suffering falls under: Current pain and suffering, or current and future pain and suffering. The first includes your pain and suffering until the conclusion of your medical treatment. The second extends into the foreseeable future. As would be expected, your claim will be higher for current and future pain and suffering.

Unfortunately, there is no set calculation as each person’s injury, recovery, and impact on their personal life is unique. That is why it is critical to contact an experienced personal injury attorney who can maximize your financial recovery for the pain and discomfort thrust into your life through no fault of your own.

Many companies have specific programs aimed at avoiding work related injuries. Safe work practices and efforts to avoid injuries are important for employers and employees alike. They create a safe working environment while saving money for the employer. However, once an injury happens, you are not doing yourself or your employer any favors by failing to report it.

If you suffer an injury while working, one of the most important things you can do is to report it. This might seem fairly obvious. However, there are many times a person is injured without requiring immediate medical attention, so it might seem like a good idea to take a wait and see approach and not mention the incident. When an injury is not reported, an employer can deny you medical treatment and benefits for missed time from work. Reporting injuries properly will prevent many potential problems.

Failing to report an injury can lead to several problems. If you do not report an injury on time, your employer can deny you medical treatment and out of work benefits. The workers’ compensation insurance carrier will also question why your employer did not report the injury on time. Your private health insurance carrier will not pay for treatment for work related injuries.

If you do not report an injury when it happens, your employer can deny the injury occurred or may claim it happened outside of work. Many employers also impose strict internal deadlines for reporting injuries, for instance, within 24 hours of an incident. If you fail to report the incident on time, you can receive a formal reprimand and/or suspension without pay. You can actually find yourself in the position of receiving a formal reprimand for not reporting an accident that your employer denies happened.

If you injure your back lifting a heavy box or twist your knee climbing off a piece of machinery, you may not require immediate medical treatment. It might also seem like a good idea not to mention this to your supervisor unless it reaches the point that you’ll need to see a doctor. Then, if you wake up the next morning with severe pain or stiffness at the site of the injury your or your back starts to act up weeks later, your employer can deny medical treatment because you did not report the injury when it first happened.

What should you do?

Report the injury to your employer, even if you think you are not seriously hurt. By reporting the injury, you protect yourself against the employer who might claim that you were injured away from the workplace. If possible, report the injury in writing or in the presence of a reliable witness. If you are a union member, you should also report the accident to your union representative in addition to your employer. Using an accident report form provided by your employer or union is best.

It is also important to know your co-workers. In the event of an injury, your co-workers are your best witnesses as to the happening of an accident as well as the cause. They may also be in a position to verify the happening of the accident if your account of what happened to you is challenged.

Even if you are reporting an injury late, you should still follow the above recommendations.

In Texas, injured workers are allowed up to 30 days in most situations to report an injury, however, employers can impose much shorter internal deadlines. You may eventually be able to receive workers’ compensation benefits, but if an injury is not properly reported, you will face more hurdles along the way.

Injured on the job? Contact a Worker Injury Lawyer Today

If you are injured at work, you are entitled to workers’ compensation benefits. You should consult with an attorney to inform you of your rights and obligations under the law and strongly recommend that you call an attorney today if you have been hurt at work.

After going through a car crash in Texas, filing a claim for it might be the last thing on your mind. However, the statute of limitations in Texas means that you’ll need to think about filing your claim sooner than later. A statute of limitations (SOL) is a law that determines how long a person has to file a lawsuit in civil court.

Texas’ Statute of Limitation on Car Crash Claims:

• In Texas, the statute of limitations for car crash claims is two years from the day of the crash.
• This limit also applies to those who want to make a claim for property damage resulting from the crash.
• For wrongful death claims, the two-year limitation begins on the date of the person’s passing, not the date of the accident.

Exception for Government Workers:

If a person working for the state of Texas caused your crash, you only have six months to file a claim. This requires an injury claim to be submitted to the department of the Texas government that the person was working for when they caused the crash.

Should You Settle With An Insurance Company Before Filing A Claim?

No one should ever settle with an insurance company before speaking with an attorney. At the core of every insurance company is a business that’s looking to protect profits. So, low settlement offers, delays, and denials are all strategies used by insurance companies to try and lose as little money as possible to a claim. Speaking with an attorney will help you determine if the insurance company is offering a fair settlement or if you should file a claim before the statute of limitations passes.

At The Bowen Law Firm, PLLC, we’re prepared to help you recover losses after a Texas car crash, dog bite, or slip and fall. We’ve helped obtain billions of dollars for customers, and we’re ready to fight for you. Car crashes can trigger years of struggle caused by medical issues, debt, and the loss of the ability to work. Our Texas car crash attorneys can look at your claim and help you obtain the full compensation you deserve instead of just a small portion of what’s fair.

Although there are many similarities, each person’s case is different and the amount of time to resolve can vary depending on certain factors. Specifically, the amount of time required to reach maximum medical improvement is different for each person — the amount of time needed to fully recover from the injuries thrust into your life through no fault of your own.

4 Key Factors Affecting the Length of Your Case:

1. The Nature of Your Injury

It is essential to understand that you only have one opportunity to sue for your pain and suffering, medical bills, and other financial burdens you have experienced. Once a settlement is accepted, or a verdict is issued at trial, your case is over. Based on the nature and extent of your injury, an experienced attorney may advise you to wait before filing your lawsuit.

2. The Opposing Insurance Company’s Level of Cooperation

During the various stages of a lawsuit, your attorney will be interacting frequently with an insurance company. If the insurance company responds to your attorney in a timely fashion, your case will move along at a quicker pace. However, insurance companies are sometimes less than fully cooperative, which will delay your case.

3. Whether Your Case Can Be Resolved Without a Trial

Most personal injury lawsuits are settled and do not go to trial. Should your case go to trial, it can sometimes take months to get the trial date set in court. Trials typically take two days to two weeks, depending on the complexity of the case.

4. The Complexity of Your Case

Some personal injury claims can be resolved quicker than others depending on the complexity of the claim. Complex cases can take two or more years to resolve. Most personal injury lawsuits involving medical negligence, wrongful death, slip and fall, and defective products, involve some degree of complexity and may take an extended period of time to resolve.

In Texas, child custody is decided based on the best interests of the child. In determining the custody of a child, Texas courts encourage mediation as a first step. If the parties are unable to resolve custody issues on their own, then child custody will be decided by a court (usually, a family court judge) based on the best interests of the child.

In determining the custody of a child, Texas courts may presume that parents will share parental rights and duties. The duties do not need to be shared equally. If the divorcing parents cannot agree on custody themselves or through mediation, a Texas court will make a determination.

A Texas court may use social studies or psychological evaluations to help it make a custody decision. A child who is 12 years old or older can sign an affidavit if they would prefer living with one parent, although the judge is not obligated to follow the child’s wishes.

In Texas, child custody decisions will be made by a court based on the best interests of the child. A Texas court will presume that joint legal custody will be best unless one parent can prove otherwise. A court will consider many factors in deciding primary physical custody, including:

• The history of contact between the parent and child
• The relationship between each parent and the child
• The health, safety and welfare of the child
• The health of the parents
• Where the parents live
• How close the parents live to each other
• Each parent’s finances
• Any child abuse

A court may take steps to ensure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interests of the child, even if that parent does not have custody. After awarding custody of a child, Texas divorce courts encourage parents to share in the rights and duties of raising their children.

After the finalization of a Texas child custody order (and divorce order, if applicable), both parents are bound by the court order. If a parent is denied court-ordered access to their child, they may bring the issue back before the Texas court.

To calculate your net income for child support purposes and to calculate the child support percentage, Texas law provides a number of guidelines. These include those below.

Sources of income

If you have multiple sources of income, you may need to combine these to figure out your income for child support purposes.

All income you actually receive counts toward this calculation, including:

• All salary and wage income, tips, overtime, bonuses and commissions
• Self-employment and business income
• Royalty income, interest and dividends
• Retirement benefits, Social Security and pensions
• Disability, unemployment and workers’ compensation benefits
• Annuities, trust income and capital gains
• Gifts and prizes
• Net rental income
• Alimony
• Child support paid for children from another marriage

However, you don’t count the following items as income for child support purposes:

• Any income or resources of a new spouse
• Accounts receivable
• Return of capital or principal
• Benefits paid from federal assistance programs
• Foster care payments

If the court decides that you are intentionally unemployed or underemployed, the court can impute a higher income to you for child support purposes. This means that the court will calculate your income based on your earning potential rather than your actual earnings.

Calculating income

Once the court adds all sources of income together, it will subtract the following items to calculate your net income:

• Federal and state income taxes
• Social Security taxes or non-discretionary retirement plan contributions
• Union dues
• The amount you spend on health and dental insurance and uninsured medical expenses for the children

Once it calculates your yearly net income, the court divides that number by 12 to get your monthly net income.

To illustrate, let’s say you earn $50,000 per year, pay 20% of that amount in taxes and spend $3,000 per year on your children’s medical and dental insurance and expenses. Your net income for child support purposes will be $37,000 per year, or $3,083 per month.

Calculating child support obligations

There are two ways the court may calculate child support under the guidelines, depending on whether your net income is above a certain amount. This amount changes every six years based on inflation, but it is currently $9,200 per month.

If your income is $9,200 or less, the guidelines require you to pay a percentage of your total net income based on the number of children you have:

• One child = 20% of net resources
• Two children = 25% of net resources
• Three children = 30% of net resources
• Four children = 35% of net resources
• Five children = 40% of net resources
• Six or more children = At least 40% of net resources

So, in our example above, someone with $3,083 per month in net income who has two children will pay $771 per month in child support.

If your income is more than $9,200, then your child support will be the greater of:

• The same percentage you would pay above but applied to only your first $9,200 of net income
• Up to 100% of your children’s actual needs

For example, if you have two children and you earn $20,000 per month, you would pay at least $2,300 per month (20% of $9,200). However, if your children’s actual monthly needs are $5,000 per month, the court may instead require you to pay up to $5,000 per month.

Other ways to calculate support

The guidelines are presumed to calculate a child support amount that is in the children’s best interests. However, it is possible for a court to order more or less support than provided in the guidelines.

This happens only if the court finds that the amount prescribed by the guidelines is “unjust or inappropriate under the circumstances.”

To deviate from the guidelines, the court must consider a long list of factors listed in the Texas Family Code. These factors consider whether there are unusual circumstances relating to a parent’s earning capacity, a parent’s monthly expenses or a child’s needs.

Child support is just one of the many issues you will need to resolve when you get a divorce. Our knowledgeable and compassionate Houston divorce attorneys at Bowen Law Firm, PLLC, can help.

They will negotiate and advocate on your behalf to help you get the outcome you want. Contact us to schedule a consultation.

Child support payments will likely be unaffected by the remarriage of either parent. While spousal support payments are paid for the benefit of the divorced individual, child support payments are paid purely for the benefit of the child, not the parent who receives the support. For this reason, a remarriage does not often alter the financial responsibility either parent has for their child.

That being said, if the remarriage comes with serious financial changes, the court may consider a modification to the support payments. For example, if the paying parent is now responsible for supporting other children from another relationship, their financial situation may require an adjustment to the child support payments. A parent who makes child support payments may also wonder why payments are still necessary when the custodial parent and their new spouse are financially well-off. Even if the custodial parent is capable of taking on full financial responsibility for the child, the point of child support is to ensure that both parents take equal financial responsibility for their child. Therefore, it is in both parents’ best interests to continue making payments.

In some cases, when a divorced parent remarries, they may wish to make adjustments to child custody. If they wish to relocate, for example, they may need to agree to a change in custody or seek permission from the child’s other parent. In other instances, the parent’s new spouse may wish to adopt the children from a previous marriage. This is not typically doable unless the noncustodial parent has relinquished all parental rights.

It is important to remember, however, that every situation is different. If you are remarrying or your ex-spouse has remarried, it is important that you seek the professional advice of a family law attorney, especially if you have any concerns about your divorce settlements. Our attorneys can go over your settlements and help you determine your next step.

No-fault divorce is the most common modern type of marriage dissolution. … Rather, the filing spouse simply claims as grounds for the divorce that the couple cannot get along and the marriage has factually broken down.

Initiating a no-fault divorce does not require proving a spouse’s infidelity, wrongdoing, or other marital misconduct. However, the presence of such factors may influence the judge’s final decisions regarding child custody and division of community property.

No-fault divorce proceedings generally take less time than a fault-based divorce. In a fault-based divorce, the spouse filing will need to have evidence of the other spouse’s fault or wrongdoing that led to the dissolving of the marriage. In a no-fault divorce, the only time-consuming parts are determining property and asset division, child custody, and spousal maintenance or child support payments, if necessary, and waiting for the court filing to finalize. A couple can greatly speed up the process if they agree to the terms of their divorce before filing.

A no-fault divorce is for spouses who are no longer able to get along and live together due to various differences. In a no-fault divorce in Texas, neither party is responsible for the fact that the marriage did not work out. The ground for a no-fault divorce in Texas is dissolution of the marriage based on irreconcilable differences. No fault divorces are the most common type of divorce in Texas.

In this case, the two spouses agree that they do not want to be married anymore and jointly agree to file a no-fault divorce. This formally states that neither party is to blame or guilty of any misconduct that caused the marriage to end.

Texas also has a type of divorce called uncontested divorce. This type of divorce falls into the category of no-fault divorces and allows the couple to create an amicable plan for resolving custody, asset division, and other aspects of their divorce.

For those who do not agree on the separation, it may be necessary to seek a fault-based divorce. In this case, the person filing will allege that their spouse has specifically done something to make the marriage no longer work.

For example, if one spouse cheated, the other spouse can file for divorce on grounds of adultery. If you file for a Texas fault divorce, you will have to prove that your spouse is responsible for the end of your marriage. At-fault divorce in Texas usually takes longer than no-fault divorce because there are more opportunities for disagreement during the case.

An uncontested divorce is one where you do not expect your spouse to disagree with any aspect of the divorce or when your spouse does not respond to the court papers served on him/her. In cases of uncontested divorce, you may represent yourself, but an attorney might still be helpful, especially if your spouse has one.

A divorce is uncontested if:

You and your spouse are eligible for a divorce (one of you has been a D.C. resident for six months prior to filing, and you and your spouse have been separated the required period of time), and

You and your spouse both SIGN the required COURT PAPERS stating that you AGREE that you are eligible for a divorce, you agree about what you want the court to do, and you are not asking the court to make any decisions about anything in dispute.

A divorce is not uncontested, even if you and your spouse agree to divorce, if there is an issue that you and your spouse do not agree on that one of you is going to ask the court to decide as part of the divorce case – for example, custody of your children, child support, or division of your marital property.

It is possible for parents to have different ideas on what it means to protect their child during their divorce. Though every family’s situation is unique, the ways that parents can keep their kids healthy and protected during this process often look similar across the board. Get a clearer picture of what it means to protect your child during divorce by considering these tips.

Encourage time spent with each parent. When one parent leaves the picture entirely, it can lead a child to feel extremely troubled. As long as no issues are surrounding your child’s safety, children deserve to spend quality time with each of their parents and continue cultivating close relationships with them individually.

Never use your child as a messenger. The responsibility of having to send messages between homes for their parents puts a lot of pressure on a child. They can experience anxiety and stress by having to bear the burden of the messages as well as the responses to them. Find an effective way to manage your shared parenting communication between one another without putting your child in the middle of it.

Manage your shared expenses and child support payments responsibly. This may not seem evident at first, but children do suffer consequences when one or both parents are not providing them with adequate financial support. Even though your family situation has changed, it’s essential to work as a team to protect your child’s financial standing and maintain a lifestyle for them that is similar to how it was before your divorce. Be smart about how you handle shared finances, including child support payments.

Keep up with a routine. Many kids can quickly adapt to change, but it’s not always so easy when the changes carry substantial emotional weight. Preserve as much of your old routine as you possibly can, and stick to new parts of your routine as soon as you fall into them. A sense of normalcy is likely to help your child maintain a healthier emotional state throughout this process.

Bring new significant others into the picture slowly. Entering a relationship right after ending another can seem exciting but can also be emotionally draining on both you and your child. As new individuals enter your life, be slow to let them into your child’s life. Don’t rush a meeting or expect your child to fall in love with this new person right away.

Talk to your child. Regularly checking in with your child about the changes going on in your family might not always be easy to face, and there might be times when they don’t want to say much. As difficult as it might sometimes be, letting your child express their feelings to you can be a positive step toward them moving forward. Listen attentively and respond lovingly, even if what they say feels hurtful.

Work to end conflict in your co-parenting. At the onset of your divorce, the thought of having to interact with the other parent of your children can seem daunting and tiresome. This isn’t abnormal, and things can evolve. At the onset, find a way to communicate effectively, sharing the most important details related to your child’s schedule, health, schooling, etc. When parents are on the same page about the essential information about their children’s lives, they are better equipped to each offer the best support possible to their kids.

Look after yourself. As many times as you may have heard it, it’s true that you can’t always provide the best degree of love and support to someone else if you can’t find a way to love and support yourself. Take care of yourself to uphold your emotional and mental well-being. Spend time with loved ones and friends, and spend time doing things you like to do. If you feel you need extra support, don’t hesitate to reach out to a therapist or other mental health practitioner. They can offer professional guidance to help you move forward and care for yourself.

Protecting children through a divorce may look a bit different for every family, but at its heart, it means that both parents are always looking out for their children’s emotional and mental health. With your co-parent, work as a team to help your whole family move forward positively into this new life chapter.

When the decision to seek a divorce is made, the next step is to file. But what are the steps to filing for divorce in Texas?

The decision to get a divorce is never easy. But once it’s made, the next step is to file. But what exactly does this mean? What are the steps to filing for divorce?

It’s first important to note that all jurisdictions, counties, and courts are different. The laws and procedures in one state may differ from those in another. However, regardless of the place the divorce is filed, the process is always fairly complex and should be done with the assistance of an experienced divorce attorney who can help you avoid serious financial and legal pitfalls.

However, the general steps include the following:

Filing the petition: One of the parties must first file a petition with the court called the “Original Petition for Divorce” (along with paying the requisite court fee). This petition essentially starts the divorce process. The appropriate jurisdiction where the petition must be filed will depend on the length of the residence of either of the parties. After the petition is filed, the court clerk will assign a case number.

Legal notice: After the first party, now known as the Petitioner, files the petition, the other spouse, now referred to as the Respondent, must be provided notice; simply telling the other spouse that a divorce has been filed is insufficient. Depending on the circumstances, the Respondent can either be served-an action where he or she is provided legal notice-or sign a Waiver of Service if he or she has agreed to receive notice. The waiver does NOT mean that the signer agrees to the allegations in the Original Petition, however.

The hearing: A petition for divorce generally will require at least one hearing to make a final decision on all of the issues in the divorce, such as property and debt distribution, and child custody arrangements, among others. During the hearing, the parties present evidence to the court on their behalf.

However, if the divorce is uncontested and the parties have already come to an agreement on all of the issues, the non-filing party may not need to attend the hearing.

The final decree: Once the issues are all decided, the final divorce decree is signed. Getting to this step can take months or take very little time if the situation is amicable. However, it’s important to note that many states require a waiting period before a divorce decree is signed. The “cooling off” period in Texas is 60 days. Certain jurisdictions also have stipulations on how long parties must wait to get remarried.

The assistance of a family law attorney

The above information is provided as a general overview of the divorce process and there are various intricate areas and procedural requirements not stipulated. If you are contemplating a divorce, seeking the assistance of an experienced family law firm, like The Bowen Law Firm, PLLC; one who knows the laws in depth and can provide individualized guidance is advised.

The average cost of getting divorced is $15,000 in the US — but here’s why it can be much higher.

Working out how much does a divorce cost in Texas will depend on whether you file for divorce with or without using a lawyer. But when you file for divorce in Texas, you pay a filing fee of between $250 to $300 or more. This fee is mandatory.

A divorce means the dissolution of a marriage on the initiative of one or more of the parties. A forced dissolution is called the dissolution of a marriage

Divorce marks a change – a goodbye to the person who has shared your life with you for a certain number of years. Separating or moving apart is seldom easy. You are separated from someone you have loved, or still love. In the midst of a divorce or separation, there are also practical and sometimes difficult legal issues that need to be resolved around housing, finances, and perhaps children. You have got to think about how much does a divorce cost in Houston Texas too because the financial side of things to the legal dissolution of your marriage will inevitably involve an attorney. Whether you feel relief, shame, heartbreak, or gladness, when you sever your relationship with a spouse, a thread of your own being is cut as well.

When a husband and wife get divorced in Texas, especially if the husband was the primary wage earner, it is more than likely that he will cut the wife off from having any access to his money. When you have got no money, the question ‘how much does a divorce cost in Texas will be on your mind because you want the divorce to happen, but you believe you may not be able to even afford it.

To answer and understand the above question you have to consider all the divorce options and their costs.

You have to remember that how much does a divorce cost in Texas can work out being costly. If you are determined to go ahead with your divorce, it is something that just has to be processed and paid for. Understanding the entire divorce process can at least give you a rough idea of what to expect in terms of costs.

Divorces in Texas can take months or years to complete, and each divorce has its own set of unique circumstances, even though there are some things that are common to all of them. Deciding on what particular divorce process to use in Texas – litigation, mediation, collaborative divorce, etc. will give you an idea of how to move forward.

When determining how much does a divorce cost in Houston, Texas, it boils down to what options you look at. It is important to understand all of your options and how they will impact your finances. Yes, using an attorney is going to cost more money, but you can at least know that your divorce will be handled in a professional way. It is often easier to sort out the issues in the event of a divorce or separation if you take the help of an outsider who knows which laws and regulations apply.

Texas does not require parties to be physically or legally separated before filing for divorce. The only thing required is a 60 day waiting period to give couples a chance to cool off. We recommend not moving out or separating immediately but rather continue living in the house and spending time with your kids to maintain your position in the household, especially if you have children.

A divorce petition does not expire, but most courts in Texas have what is known as a “dismissal docket,” where any case that is over a certain age with little or no activity in it is set for dismissal and a Motion to Retain must be filed with a firm trial date. If this is not done, the case is “dismissed for want of prosecution”.

Due to the Texas mandatory 60 day waiting period, the absolute quickest that a divorce can be finalized is 61 days. Realistically, however, it will take a bit longer for most couples to be granted a divorce in Texas; typically, anywhere from 6 months to a year and a half. And the more assets you have, and the more lives affected by the divorce, the longer it will take.

Bowen Law Firm, PLLC is dedicated to not only moving the divorce process along but also fighting to get you the best resolution possible. Learn more about and what an “average” divorce timeline looks like, what factors may complicate and draw the divorce process, and how Bowen Law Firm, PLLC can help.

Before we get into the nitty gritty of answering, “How long does a divorce take in Texas?” we want to clarify something about how long a divorce takes if absolutely everything runs as smoothly as possible.

If both parties agree to the divorce, distribution of assets, and custody arrangements, then the filing process and waiting period are the only steps before the final divorce hearing and the marriage could potentially be dissolved after 60 days. However, most courts have full dockets, so even an uncontested divorce hearing will usually be scheduled well beyond the 61st day.

So when making your post-divorce plans, keep in mind that even if you and your spouse have an extremely amicable divorce, you may still be legally attached longer than the minimum 60 days due to court delays.

Just like every marriage is different, so is every divorce. However, the average divorce process goes as follows:

1. Pre-filing (a few weeks)

Pre-filing for a divorce involves two main steps: deciding whether you actually want a divorce and working with a lawyer to prepare to file.

The former is not technically part of the legal process but, often, a natural part of the divorce process is deciding whether or not a marriage can be repaired through marriage counseling or some other form of mediation. In situations where there’s abuse directed towards you or your children, call the police and get help immediately. Otherwise, take some time to ensure this is what you truly want.

When you’re ready, the next step is to retain the services of an experienced divorce attorney, like The Bowen Law Firm, PLLC. A family lawyer will advise you on how to get your finances in order and protect yourself and any kids before serving your partner with divorce papers. This is also the time when you determine what you’re requesting in terms of assets and custody.

2. Filing (a few days)

Once you are ready to file, you and your divorce lawyer will begin the marriage dissolution by filing a petition with the court requesting that their marriage to their spouse be dissolved. This petition also lists your requests for the division of property, child support, and alimony, if applicable.

Either spouse can be the Petitioner as long as they have lived in Texas for at least 6 months and been a resident of the county where they filed for the previous 90 days.

3. Waiting period (60 days)

Texas has a mandatory waiting period of 60 days, starting from the moment the petition is filed.  A 60-day waiver may be granted in cases of family violence, but most couples will have to wait it out. During this waiting period, a divorce will not be granted, but the other party still needs to respond, and the case can still move forward.

4. Responding to a petition (roughly 20-28 days)

Once a petition has been filed with the court, it must be served to the Respondent to let them know the case exists. Petitions can be served via delivery service, publication, certified mail, or left in a location where it will be found, depending on what is allowed in your county.

If your spouse’s whereabouts are unknown, the service of process may add some time to your case. Once the petition has arrived, the respondent has between 20-28 days to respond to the petition by accepting demands, contesting, or asking for an extension to try and reach an agreement.

5. Contesting a divorce (a few months to years)

If a divorce is being contested, the two parties will participate in discovery to collect evidence that supports their claims and reasoning. Oftentimes, lawyers from both parties will sit down and battle it out to come up with an agreement before trial. If an agreement can’t be reached, it is common for one lawyer to keep pushing back the court date as an intimidation practice. Grimes & Fertitta will fight to keep your case moving forward so you can move on with your life quicker.

6. Temporary orders (a few weeks)

While more complicated divorces are underway, the judge may also grant temporary orders detailing who will remain in the family home, who the children will spend time with, and how often as well as the payment of temporary child, spousal support or community debts.

7. Final divorce hearing (a few days)

The final divorce hearing is where a judgment is declared. This hearing could take a few days depending on how much evidence is presented and is often scheduled out well in advance.

If you’re wondering, “How long does a divorce take in Texas?” because you want a quick divorce but aren’t sure whether that’s feasible for you, ask yourself the following questions:

Do you have children?
Is this a high-asset divorce?
Do you think your partner will contest the divorce?
Has your partner hired a lawyer?
Are the courts backed up?

If you answered yes to any of the above questions, then you are likely not going to be able to finalize your divorce in the “record” 61 days. For example, A nigh net worth divorce is a prime example of a type of divorce where some lawyers will drag their feet and potentially stall for years claiming it’s impossible to identify every asset and future earnings.

Meanwhile, complex child custody arrangements can also make it take exponentially longer to reach a resolution, specifically in instances where a child has special needs.

If you answered yes to any of the above questions, you are almost certainly going to be in a better position if you hire a qualified lawyer. Our team will not let you make any high net worth divorce, will teach you how to fight for custody of a child, and will fight for your family’s best interests while keeping in mind your desires for a swift resolution.

Texas does not require parties to be physically or legally separated before filing for divorce. The only thing required is a 60 day waiting period to give couples a chance to cool off. We recommend not moving out or separating immediately but rather continue living in the house and spending time with your kids to maintain your position in the household, especially if you have children.

So you want a divorce. But what if you can’t find your spouse? While traditionally, once you file for divorce your attorney must serve your spouse with a divorce action, that can’t really happen if your spouse can’t be located. So what do you do? First off, you must make reasonable efforts to find your spouse.

Once you have filed the Petition for Dissolution of Marriage with the court, a disinterested person over the age of 18 may serve the Petition on your spouse. If your spouse can’t be located, your next option will be to file a motion with the court requesting to serve your spouse by publication. To support your motion to publish, you will be required to establish for the court that you used reasonable efforts to locate your spouse. Many courts will issue a delay prevention order if too much time has gone by and proof of service has not been filed with the court. This generally requires filing a report with the court stating the efforts that have been made to accomplish service.

Some of the things you can do to locate your spouse are:

Document the last time you saw your spouse and where.
Check your spouse’s last address in person.
Send your divorce papers by certified mail to your spouse’s last known address. Also send the papers by regular mail. When they are proven to be undeliverable and returned to you, keep the envelopes and mail as documented proof.
Contact any of your spouse’s relatives.
Contact your spouse’s last know place of employment.
Search local and state court and criminal records, jails, and the Federal Bureau of Prison’s website.
Search local hospitals, food pantries, and homeless shelters.
Search any number of Social Security Death Index websites to see if your spouse’s social security number is listed.
Search the military database of servicemembers to see if your spouse is enlisted.

Strongly consider hiring a process serving company to assist in locating and serving your spouse.

While this list is not comprehensive of everything you can do, it’s a start. No matter what you do, you must be able to document your efforts and keep records of all attempts to locate your spouse. Secondly, ask the court for an Order of Notice by Publication.

After you’ve done everything, you can to locate and serve your spouse and you do not believe further efforts to attempt service will be successful, you can then file a motion with the court requesting permission to serve by publication. Serving the Summons and Petition by publication means that the court has allowed you to run a notice (which is a copy of the Summons) in a newspaper of general circulation in the county where you filed. Every newspaper will be different in the costs of such a notice, and you are responsible for the payment. In general, you have to run the notice for 5 weeks in a row. An affidavit from the newspaper attesting to the publication and a copy of the publicized notice must then be filed with the court.

If your spouse does not respond, you will want to set a default hearing with the court. At this hearing, you will only be able to obtain a Decree of Dissolution. Without personal service, the court does not have jurisdiction to address the division of property, parental responsibilities, parenting time, or support.

Have questions? If you are considering getting a divorce and your spouse is missing, contact Bowen Law Firm, PLLC. It is always better to consult with a legal professional before moving forward, and we will walk you through any concerns or questions you may have.

Under Texas State law, uncontested divorces typically move through the system rather quickly. Most of the actual work required for both spouses to reach an agreement on their divorce terms takes place outside the courtroom.

Usually, at least one spouse will have to go in front of the judge to answer questions. This is known as a “prove up” hearing. The judge will want to know that both parties truly and fully understand the consequences of their actions.

Divorce is a serious legal decision, with lasting consequences. Even in uncontested cases, it is up to the judge to grant the divorce, and ensure that both parties are confident in their decision. The judge will also seek to confirm that both parties are signing the agreement voluntarily, under their own free will.

However, this hearing is mostly a formality and usually does not make or break the case. There is no need for a formal trial in an uncontested divorce.

Most of the time, the judge will go ahead and grant the divorce under the agreed terms.

In Texas, there is a mandatory waiting period until the divorce becomes law. This period is 60 days in most cases.

It’s important to note that since the COVID pandemic began, there is a possibility that the proven hearing may be virtual, involving the use of a computer or phone video. Each Texas counties establish its own regulations. Note that mediations and arbitrations are also done virtually.

Collaborative divorce is a method of negotiating a divorce settlement whereby both parties, with their respective lawyers, meet together to reach agreements on each aspect of the divorce contract, including child custody, visitation, and financial arrangements. The main benefits include that parties set the terms instead of the court decreeing them and the resolution can be reached quicker.

Collaborative divorce is a relatively new method of resolving issues that people deal with when ending a marriage. Think of a collaborative divorce as a combination of divorce mediation and a traditional divorce that involves attorneys. Both spouses hire lawyers who agree to resolve issues using non-adversarial techniques. The goal is to negotiate a win-win solution that best meets the needs of both sides while avoiding litigation. Collaborative attorneys are committed to managing conflict, not creating conflict.

Both sides have to be cooperative and open to compromise for the process to be effective. If one or both parties are not willing to negotiate on the issues, the process is futile.

At the beginning of the process, both parties and their attorneys sign a “participation agreement.” A participation agreement disqualifies the collaborative divorce attorneys from representing either spouse if they can’t reach an agreement on the terms of the divorce and they end up litigating. If the collaborative process isn’t successful, both sides have to get new representation before they begin litigation.

In the beginning both parties meet with their attorneys separately and discuss what they want to achieve through. For example, if one party feels that they need a specific amount of money to be paid in child-support or alimony they would make that known to their attorney before meeting with their spouse and his/her attorney.

After both parties know their goals, four-way meetings take place between both parties and their lawyers. These meetings may be joined by other professionals such as:

Child custody experts
Financial experts
Mental health professionals

A trained mediator might even be brought in if both parties are having trouble reaching an agreement. Other than the spouses and attorneys, all parties are neutral and should only be interested in settling the terms of the divorce without going to court.

Once both sides are in agreement on all the issues, the legal part of the divorce is relatively painless. Since the terms of the divorce have been agreed on, your divorce is uncontested and there is no trial.

There are many benefits to choosing collaborative divorce over a traditional divorce or mediation.

The collaborative divorce route might be for you if you want to work out the terms outside of court but you would feel more comfortable having the advice of an experienced attorney who is on your side. Since your collaborative lawyer will be representing you and nobody else, he/she can advise you throughout the proceedings and advocate on your behalf. Depending on the nature of your relationship with your spouse, you may have trouble speaking up or being assertive. You may want an skilled negotiator on your side in this situation.
If collaborative divorce is effective and you don’t have to hire new lawyers and go to trial, the process is more simple and less expensive than traditional divorce. The setting is more comfortable and informal.
Since the point is to come to a result that is fair to both sides, communication is more open. The parties involved are more likely to be honest and free with information that will help the process move forward more easily.
You can decide now how to handle post-settlement disputes. Rather than waiting dealing with future issues as they happen you can deal with them during the collaborative divorce process.
You negotiate a result that works for you. Rather than going to court and having a judge decide, you can negotiate the result that you actually have control over.
Most importantly, a collaborative divorce can spare a great deal of stress to the families that are going through the process. A lengthy, adversarial, trial can do further damage to already broken relationships. Although a marriage is ending people on both sides may still need to function as a family if there are children involved.

If you want to avoid litigation and work through the terms of your divorce with your spouse and the assistance of a trained attorney collaborative divorce is the best option.

Under some states there is a type of marriage called a “Covenant Marriage” where similar legal grounds must be alleged to support a request for divorce from a covenant marriage.

Covenant marriage is a union between spouses that is legally different from a non-covenant or traditional marriage.

Compared to a standard marriage, there are additional requirements for entering into a covenant marriage, such as premarital counseling. There are also specific statutory grounds for divorce from a covenant marriage.

Later, if the couple decides to divorce, there are restrictions, while a couple who enters into a non-covenant marriage can divorce or separate without cause. Arizona, Arkansas, and Louisiana are the only three states in the United States that one can obtain a covenant marriage.

Most people who enter into a covenant marriage do so for religious reasons. However, before a covenant marriage, both parties must understand the full extent of their commitment.

Currently Texas does not have a covenant marriage statute. Every legislative session a bill is introduced but as of this writing has not passed.

In Texas, courts must split all marital property equally between divorcing spouses. Likewise, all debts that either spouse incurs during the marriage are considered community debts and belong to both spouses equally. However, the court may order an unequal division if there are “just and right” reasons.

In Texas, there are seven grounds for divorce spelled out in the family code. These include both fault grounds and no-fault grounds. That’s right – you don’t have to prove fault grounds in order to get a divorce in Texas. However, the grounds on which you base your request for divorce may affect the outcome of your divorce settlement.

Sound confusing? Let’s break it down, starting with the three no-fault grounds, where neither party is at fault for the marriage breaking down but circumstances exist where the marriage is no longer viable for one or both parties. Texas no-fault grounds include the three reasons below.

1. Insupportability

These grounds are commonly referred to as irreconcilable differences. To prove insupportability, you have to show that the marriage is insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Insupportability is one of the most common grounds that people use to file for divorce in Texas. In layman’s terms, the person has filed because either they no longer see eye-to-eye with their spouse or living with the spouse has become intolerable for some reason.

2. Living apart

If two spouses have lived apart without cohabitating for three years or more – at the time of the trial – that could support living apart grounds for divorce. In these types of cases, the court typically views the arrangement as something both parties agreed to, based on the fact that they have lived apart for so long.

Living apart grounds can play a role in the just and right division of the estate. For example, one party might claim that she hasn’t seen her spouse in over five years and she doesn’t know where to find him. The court might award her everything in her possession, provided that she meets certain conditions, such as taking steps to serve him papers, even if that means serving a notice in the newspaper.

3. Confinement to a mental hospital

People become mentally incompetent for a variety of reasons, whether it’s due to mental illness, an accident or another cause. What’s key here is that the party must have been confined for at least three years, the severity of their mental disorder is to the degree that it’s unlikely to improve and, if it does, relapse of the disorder is very likely.

While confinement may be grounds for divorce, the statute was also put in place to help protect the confined person’s interests and the just and right division of property. The court will likely appoint a guardian ad litem to represent the person who is confined. If you say, “Oh well, they’re confined, so I should get everything in the estate,” you probably won’t be granted the divorce.

The difference between no-fault grounds and fault grounds is pretty straightforward. With fault grounds, someone is actually found at fault for the divorce.

Again, you don’t have to prove fault grounds to get a divorce in Texas. However, if you claim certain fault grounds – like adultery – and the judge doesn’t buy your argument, they could still grant your divorce based on other no-fault grounds, like insupportability. Conversely, the judge could grant the divorce based on fault grounds that surface during the case – say, cruelty – even if you filed on no-fault grounds of insupportability.

There are four different fault grounds in Texas. Let’s break them down, starting with those below.

1. Cruelty

In Texas, the grounds for cruelty are simply defined as cruel treatment of the spouse that was of such a nature that it renders further living together insupportable. The vagueness of this definition certainly leaves it wide open for interpretation, which it has been. Cruelty is a relative term that is determined based on case-specific facts, so it’s not going to be the same for everybody. For example, a devout Christian may find some form of behavior cruel that another person may not.

Cruelty typically needs to be willful, persistent infliction of suffering and can be mental or physical. However, some cases involve one egregious incident – say, a severe beating – or an accumulation of smaller, cruel acts over time that could support cruelty grounds. An unsuccessful attempt to reconcile doesn’t bar a spouse from asserting cruelty.

2. Adultery

Simply put, if you can prove that your spouse cheated on you, then you may have fault grounds for divorce in Texas. You don’t have to show a videotape of your spouse cheating, but you do need to provide positive proof. Adultery can be proven in a lot of circumstantial ways.

It’s also important to keep in mind that acts of adultery that occur after you file your petition and are no longer cohabitating can still support a fault-based judgment against the adulterer. You are considered married until you are divorced – there is no legal separation in Texas.

It is typically best to stay celibate and not get into relationship during a divorce. Otherwise, questions could be raised about how community funds are being used – i.e., gifts, jewelry, loans and trips for a lover – which could be subject to a reimbursement claim for fraud. This all goes to the just and right division of the marital estate, where one party may get a larger portion of the estate, a home or other assets to compensate for the other party’s misuse of community monies.

3. Felony conviction

A felony conviction can serve as fault grounds for divorce if the spouse is convicted of a felony during the marriage, serves for at least two years in a department of criminal justice or a state or federal penitentiary, and isn’t pardoned.

However, if the state’s entire case against the convicted felon was based on their spouse’s testimony, a divorce cannot be granted on felony conviction grounds. The court may still grant the divorce based on insupportability or cruelty but not due to the conviction. Family violence is another factor, and, in some cases, it may be possible to get spousal maintenance due to abuse that has occurred.

5. Abandonment

To prove abandonment, two things need to have occurred: One, the spouse must have left voluntarily, and two, they must have had the intent to abandon the spouse who filed. Intent to abandon typically means that a spouse has an intention not to return to live with their spouse.

The abandonment must also be continuous for a one-year period. So, say your spouse abandons you and comes back home for a few nights. That could disqualify the one-year period. However, if the returning spouse has no intent to continue living together with you after the brief stay, that could still be enough to support abandonment.

With so many options for grounds for divorce, you may be wondering how often fault grounds come into play in Texas. The majority of cases in Texas are no-fault divorces. While the reasons for this vary, one may be that people don’t want their dirty laundry aired in a public forum, especially in their legal paperwork.

For people who don’t want to get divorced, it’s important for Texans to know that no-fault grounds are an option and that there’s not much you can do to stop a divorce if your spouse is determined to get one. Instead of fighting, it’s usually better to participate in the process to help ensure that the divorce and property settlement works out more favorably for you.

If you want a quick divorce but aren’t sure whether that’s feasible for you, consider the answers to the following questions:

• Do you have children?
• Is this a high-asset divorce?
• Do you think your partner will contest the divorce?
• Has your partner hired a lawyer?
• Are the courts backed up?
• Did you skip out on working with a prenup attorney?

If you answered yes to any of the above questions, then you are likely not going to be able to finalize your divorce in the “record” 61 days. For example A high net worth divorce in Houston is a prime example of a type of divorce during which some lawyers will drag their feet and potentially stall for years claiming it’s impossible to identify every asset and future earnings.

Meanwhile, complex child custody arrangements can also make it take exponentially longer to reach a resolution, specifically in instances where a child has special needs.

If you answered yes to any of the above questions, you are almost certainly going to be in a better position if you hire a qualified lawyer. Our team will not let you make any high-asset divorce mistakes, will teach you how to fight for custody of a child and will fight for your family’s best interests while keeping in mind your desires for a swift resolution.

In a legal separation, the marriage remains legally intact, whereas, in a divorce or dissolution, the marriage is ended. The legal separation order can be modified in certain circumstances. However, it’s important to note that there is no legal separation in Texas; you are married until your divorce is final.

Under Texas state law, uncontested divorces typically move through the system rather quickly. Most of the actual work required for both spouses to reach an agreement on their divorce terms takes place outside of the courtroom.

Usually, though, at least one spouse will have to go in front of the judge to answer questions. This is known as a “prove-up” hearing. The judge will want to know that both parties truly and fully understand the consequences of their actions. Divorce is a serious legal decision, with lasting consequences. Even in uncontested cases, it is up to the judge to grant the divorce and ensure that both parties are confident in their decision. The judge will also seek to confirm that both parties are signing the agreement voluntarily, under their own free will.

However, this hearing is mostly a formality and usually does not make or break the case. There is no need for a formal trial in an uncontested divorce. Most of the time, the judge will go ahead and grant the divorce under the agreed terms. In Texas, there is a mandatory waiting period until the divorce becomes law. This period is 60 days in most cases.

It’s important to note that since the COVID pandemic began, there is a possibility that the prove-up hearing may be virtual, involving the use of a computer or phone video. Harris, Fort Bend, Brazoria and other Texas counties have each established their own regulations. Mediations and arbitrations are also done virtually.

If the attorney who has been hired knows how to address the disputed issue and, by doing so will benefit one spouse over the other, this would place the attorney in an ethical dilemma. To avoid these ethical dilemmas, Texas law does not allow divorce attorneys to represent both spouses in a divorce. After all, what is best for one spouse is not necessarily best for the other spouse, so spouses having separate attorneys reduces conflicts of interest.

When you or your ex-spouse remarry, some of the agreements from your divorce may change. After a divorce, especially one involving children, one party may have a financial duty to the other through court-ordered payments of child support or spousal maintenance. When your financial situation changes, as it does in remarriage, this could either justify a modification to your divorce settlements or the remarriage itself could stop payments altogether.

It will have an effect upon death and the distribution of the estate.

Due to the way prenuptial agreements are written, they will often be the overriding documents upon death. The main reason for this is that the prenuptial agreement has been made as a legal contract between partners, and the contract is still binding if one party of the agreement is still alive.