Frequently Asked Questions
Do you have questions about estate planning or the probate process? Do you need to know more about family law in Dallas? Are you wondering if you have a personal injury case? Are unsure if you need a lawyer?
The Ashmore Law Firm, PC provides the answers to frequently asked questions (FAQs) about estate planning, probate law, family law and personal injury law. Please select a category from the box below to narrow your FAQ search.
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What is a Temporary Restraining Order?
A Temporary Restraining Order sets forth the acts which either or both parties are prohibited from doing immediately after a petition is filed. Sometimes this order is called a "TRO."
What is Conservatorship in Texas?
In Texas, custody is known as conservatorship. It is a legal term that defines the rights and responsibilities of a parent under the Texas Family Code.
¿Qué es la curaduría en Texas?
En Texas, la custodia se conoce como curatela. Es un término legal que define los derechos y responsabilidades de un padre bajo el Código Familiar de Texas.
Who Gets the Ring in a Broken Off Engagement?
Many people believe that after a proposal, the engagement ring is yours. WRONG. In Texas, engagements rings are “conditional gifts.” This means that if you don’t actually get married and the engagement is broken off, the ring goes back to the person who purchased it. This makes sense, because an engagement ring is seen as a promise to marry someone. Thus, if the promise of marriage isn’t fulfilled, then the person wearing the ring shouldn’t be able to keep it.
Can I Get a Legal Separation in Texas?
The short answer is… ‘No’. The long answer is… ‘No’.
Although legal separation is available and sometimes had in many states, Texas doesn’t have legal separation. In order to protect your interests regarding your property and your children if you are separated from your spouse, you must file for divorce and obtain temporary orders from the Court.
Learn more about separation in Texas.
¿Puedo obtener una separación legal en Texas?
La respuesta corta es no'. La respuesta larga es ... 'No'.
Aunque la separación legal está disponible en muchos estados, Texas no tiene separación legal. Para proteger sus intereses con respecto a su propiedad y a sus hijos si está separado de su cónyuge, debe solicitar el divorcio y obtener órdenes temporales del Tribunal.
Does Texas have an age requirement for marriage?
Yes. Both parties must be at least 18 years old to obtain a marriage license in Texas. If either party is under 18 years of age, parent consent or a court order is required.
What is a Waiver of Disclosure?
A waiver of disclosure is a document that you sign prior to the signing your premarital agreement. It states that you have disclosed all your assets and liabilities to your partner to the best of your knowledge. This is used to make sure no one is hiding anything from each other!
What is a Partition Exchange Agreement?
A partition exchange agreement allows married spouses to divide their community estate into two separate estates. This is similar to a prenuptial agreement, but the spouses are already married.
There is another postmarital agreement called a conversion agreement, that does the opposite of a partition exchange agreement.
If my husband and I are getting a pre-marital agreement or a post-marital agreement, do we both need attorneys?
At What Age is My Child Considered an Adult in Texas?
As a parent, you have control over your children until they are 18 years of age. At the age of 18, they become an adult.
However, prior to the age of 18, a child can be or may be emancipated, or declared an adult in the eyes of the state of Texas. To declare emancipation, the child must have a full time job, be capable of supporting his/herself, and prove to a court that he/she does not need parental supervision any longer. This is a difficult burden for a teenager to overcome.
What is a Modification in Family Law?
A modification in family law is a document you file if you want to modify an order that has been put in place, such as a decree of divorce.
It can modify anything from child custody—if there is a change in the circumstances of who has the children—to child support—if you want to increase, decrease, or eliminate the payments—to decrees that deal with property.
You would file a modification of that order in the family courts and get a subsequent order with that modification as to what your wishes are.
Find out more information on family law here.
What is the difference between Community Property & Separate Property?
In Texas, property is viewed as separate or community. If you are married, unless there is clear and substantial evidence to the contrary, any assets that are acquired during the marriage are deemed to be owned one-half by the husband of the marriage and one-half by the wife of the marriage. If you are single, a single individual’s estate in Texas consists of all property owned by such individual at the time of death.
Many couples are confused and think that once they are married, everything that they have is community property. This is not true. If you are married, here is a list and description of assets that would be considered separate property
1. If you owned any property prior to getting married, that is your own separate property.
2. Any property that was acquired during the marriage by a gift, devise, or descent, which could be from an inheritance from Uncle Ted or some other friend or relative, would be viewed as separate property and not community property.
3. If you acquired property during your marriage that was traceable as a change that occurred from previously owned separate property you had, this property may still be considered as separate property.
4. If you have property that was transferred from one spouse to another in the form of a gift, this is viewed as separate property.
5. Damages awarded from a personal injury lawsuit, except for damages representing your earning power, would also be separate property.
However, income from separate property during the marriage is considered community property. It gets complicated if one of the spouses dies without a Will, especially if there is separate property involved.
If you’re uncertain whether or not your assets are community property or separate property, you need to consult a qualified attorney.
We are adopting a child from a foreign country. How can we legally bring her here?
Your family law attorney can help you to navigate through immigration challenges as well as work to finalize your adoption.
I have a restraining order against my ex-husband. For how long is it in effect?
Not all restraining orders have a time component. Consult with your family law attorney to determine if the protective order is still in force or if you will need to apply for protection again.
My partner and I have lived together for 10 years and want to have our union recognized as a common law marriage. What can we do?
There are very specific requirements in order to establish a common law marriage. By consulting with a local family law attorney, you can get valuable information on how to have your union qualify as a common law marriage.
My 17-year-old child says I have no right to run her life and wants to be declared independent. Don't I have control until she is 18?
Parents are often faced with tough challenges when their children make poor decisions. Your child can go through the courts to be declared independent, but by consulting a family law attorney, other solutions may be found.