Katie L. Lewis, P.C. Family Law
Speak with a Family Law Attorney
214-461-5028 | 817-476-1223

Expert Strategy For Your Family |Texas Board of Legal Specialization Family Law Attorney

Practice Areas

Dallas Family Law Blog

How often do paternity tests show infidelity?

While some families begin with parents getting married and planning to have children, some occur unexpectedly between unmarried couples. In some cases, it may not be clear who the father is. This could be at question even when parents are married. When paternity is at issue, parents can take certain steps to not only get an answer but also options when the results are in.

How often do paternity tests show infidelity? It is been told that roughly 10 percent of all assumed biological children are actually the result of infidelity. Although this statement has survived decades, the fact of the matter is that this assertion is actually a myth. In fact, many of the men questioning paternity are not the ones who believe infidelity took place. It is often the man's new partner suggesting the testing to help them avoid child support obligations.

Protect your inheritance, get a prenup

Your parents or grandparents left you something in their wills because they love you and wanted to secure your financial future. What they probably did not have in mind was for you to split that inheritance up during your divorce. However, this does not necessarily have to be your situation.

When you receive your inheritance and how you treat it afterward can influence whether to view it as separate or marital property. If it is separate property, then it is yours to keep and will not have to go through property division. However, if it is marital property, then you could have to say goodbye to some of your inheritance. Here are a few things to keep in mind.

Factors that could impact the timing of a divorce

Ending a marriage seems like a daunting task. On top of that, the media and the silver screen make it look like an extremely emotional, unpleasant, contentious and life-altering event. For some, this is there reality; however, others are able to navigate the process with more ease. No matter the situation, many couples take measures to avoid such fates, especially when law changes could make matters worse for them.

For couples contemplating divorce this past year, many of them decided to pull the trigger before the close of 2018, as changes in laws impact how taxes are handled. A major change this year impact alimony. There are no longer tax breaks for those required to pay alimony starting this year.

Why you should consider a prenuptial agreement

The holidays are now behind us and the New Year is here. There is no better time than now to consider ways to protect yourself and your finances. When it comes to romantic conversations, nothing is less romantic than talking about including a prenuptial agreement in a marriage. However, the benefits of a prenup can be tremendous, making it a vital topic to discuss.

Questions to ask before moving forward with divorce

It is never easy to make the decision to move forward with divorce. For most Texas couples, the step comes after months or years of difficulty, discussions and disagreements. Even if you think you are ready to end your marriage, it can still be beneficial to carefully consider every aspect of your decision.

Divorce will impact every member of your family, your finances and virtually every aspect of your life. If you are not sure that this is the right course of action for you at this time, it is helpful to take the time to think about your options before you move forward. Ending a marriage is a major legal and financial decision, and it is not a choice that a person should take lightly.

How do you know if you need a prenuptial agreement?

Getting married is an overwhelming and emotional time for couples in Texas and elsewhere. The excitement of the process, along with the costs associated with it, can be a lot to take in. Thus, it is often not an ideal time to bring up the possibility of a future divorce. It is certainly not romantic to discuss divorce before a marriage has begun. However, the reality remains that roughly half of all marriages end in divorce.

With that fact in mind, many couples choose to include a prenuptial or postnuptial agreement in their union. While it was once more common to do this if a spouse was wealthy or famous, this is no longer the case. Nonetheless, spouses still pause and ask: How do I know if I need a prenup?

Guiding and supporting you through the divorce process

For each couple, the best part of marriage is something different. Each marriage is unique to the spouses involved, and much like the good parts often shape the marriage, so do the bad parts. In some cases, the bad can outweigh the good, causing spouses in Texas and elsewhere to consider the longevity of their union. While they may have a lot of good to fight for, ultimately, if ending the marriage is in their best interest, divorce will likely be the best step for them to take.

Even when one or both spouses are confident with their choice in filing for divorce, it is by no means an easy decision to make or process to go through. Emotions can run high and the matter can become complex when spouses seek to maintain ownership of certain property. The matter can become further complicated when children are involved and the divorcing parents cannot agree on custody and support issues.

Not sure if you need a prenup? You probably do

Few things can spoil a romantic mood quite as thoroughly as suddenly bringing up finances. However, that does not mean this is a conversation you should avoid having. When protecting yourself and your property, seeking for a prenuptial agreement can be one of the best decisions you ever make.

Despite a increased use in recent years of prenups, there are still many misconceptions. Some people in Texas believe prenups are only necessary for the ultra-rich; others think prenups spell doom for a marriage.

How long will spousal maintenance be paid in Texas?

When a couple in Texas gets a divorce, it is common for one spouse to pay maintenance, also referred to as alimony, to the other spouse. This can lead to disputes between the parties. The paying spouse might not want to support the other spouse indefinitely. The supported spouse could want the payments for an extended period of time. There could be disagreements as to how much the payments will be. There are many issues that could be part of the case when it is decided and even after the case is completed. Understanding state law regarding the duration of spousal maintenance is imperative to a case for both sides.

When deciding on the duration of spousal maintenance, the court cannot order it for more than five years after the date, if the couple was married for less than 10 years unless there is an establishment of maintenance based on family violence within two years of filing for divorce or while the case is pending and the spouse cannot earn enough to provide for reasonable needs because of a disability, or there is a child for whom the receiving spouse will be the custodial parent. It cannot go beyond five years if the couple was married for 10 years, but not more than 20 years.

Three methods divorcing couples could choose from

When it comes to ending a marriage, spouses in Texas and elsewhere are often focused just on that, dissolving the marriage and moving forward. However, that is simpler said than done. In today's era, divorce can get messy, hostile and very costly. There are often many things to argue over, and when it is a toxic environment and emotions are running high, the process can be extended. But much like no two marriages are alike, there are no two divorces that are alike. In contrast, divorcing couples do have the same choices and resources.

There are three methods couples can chose from when ending a marriage. No single method is better or the best; however, based on the factors and circumstances surrounding the divorce, the benefits experienced by one method over another may be clear for a specific couple.