Frequently Asked Questions:

What is a Qualified Domestic Relations Order (”QDRO”)?

Section 7.003 of the Texas Family Code provides that: In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an... [Read more of this review]

What is an Agreement Incident to Divorce?

An Agreement Incident to Divorce is a document that can be used in a divorce proceeding along with a Final Decree of Divorce. Typically, an Agreement Incident to Divorce is used in limited circumstances where the parties wish to keep the division of their property, division of their liabilities, and spousal maintenance, if any, in a separate agreement... [Read more of this review]

What is the standard possession order in Texas?

What is the standard possession order in Texas under the Texas Family Code? The Texas Family Code provides a standard possession order (”SPO”) in cases to allocate the amount of time a child spends with his or her parents. The SPO creates a rebuttable presumption that it provides the possessory conservator or joint managing conservator with... [Read more of this review]

What is collaborative law and does Texas law allow it?

What is collaborative law? Collaborative law is a procedure spouses (and their attorneys) can use to dissolve their marriage without court intervention. With the skyrocketing costs of divorce litigation and the further damage that can be done during divorce litigation, collaborative law is becoming more and more popular. According to The Collaborative... [Read more of this review]

What is the difference between a joint managing conservator and a sole managing conservator?

The Texas Family Code establishes a rebuttable presumption that appointing parents as joint managing conservators is in the best interests of the child. More information on how this presumption can be rebutted will be the subject of a future post. For now I want to simply explain the major differences between a joint managing conservator and a sole... [Read more of this review]

What is spousal maintenance (a.k.a. “alimony”) and am I entitled to it?

Spousal maintenance is temporary support paid by one spouse to the other after a divorce. Is spousal maintenance different than alimony? Yes. Spousal maintenance can be court-ordered whereas alimony cannot. Texas courts are not authorized to order alimony. What is alimony? Alimony consists of periodic payments that are ordered by a court for the support... [Read more of this review]

What is a motion to enter judgment?

Most divorce cases settle either through an informal settlement conference or at mediation. Typically, a Rule 11 Agreement or a Mediated Settlement Agreement is signed at the informal settlement conference or the mediation. These agreements contain the material terms of you and your spouse’s agreement which will thereafter be incorporated into... [Read more of this review]

Does the State of Texas keep a record of marriages and divorces?

Yes. The Bureau of Vital Statistics is required by state law to maintain a statewide alphabetical index under the names of both parties of each marriage and each divorce or annulment. Here is a link to the index (last visited November 1, 2008).  Read More →

What is a “kick-out” order?

A “kick-out” order is an ex parte order issued by the Court for the protection of a spouse or child that kicks the other spouse out of the house. Ex parte means the spouse kicked out of the house had no notice of the hearing and was not present for the hearing when the Court heard evidence on the motion for a protective order. When a divorce... [Read more of this review]

Read More Posts From This Category