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Collin County military divorce lawyerDivorce rates among military couples are the highest among any profession. Some experts suggest that it is the stress associated with a career in the armed forces that can take a toll on a marriage. This is especially true for those who are deployed. If this is your current situation, there are things you need to consider, and a military divorce attorney can help you understand special protections to keep your benefits. The finances of divorce are often complicated, and special military benefits and rules add an extra layer of complexity.

Requirements and Protections

In a military divorce, there are unique considerations due to state and federal laws. In Texas, at least one of the spouses must have lived in the state of Texas for minimally six months prior to filing for divorce, and they must have been a resident of the county where they filed for at least three months. A service member who uses a Texas residence as a permanent address while serving meets both of these requirements. For military couples, there are two major federal acts that protect the rights of service members and their former spouses.

Servicemembers Civil Relief Act (SCRA)

SCRA is designed to protect active-duty service members from default judgments in civil court. Divorce papers must be served to an active-duty service member. If a military spouse is serving overseas, the process could be lengthier. Active-duty military members have an additional 90 days to respond to being served under SCRA. They can also ask the court for a continuance until they return from deployment.

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Collin County grandparents' rights lawyersIt is only natural for grandparents to want to step in and seek custody of their grandchildren if something is not right with the family. More than seven million grandparents are currently living with a grandchild, and about 33 percent serve as the child’s primary caregiver. While you may think that your precious grandchildren are better off with blood relatives, it can be challenging to pursue your grandparent’s rights in Texas and get physical custody unless there are extreme circumstances involved.

Timing Is Key

The rights of parents take priority under Texas law. But, a parent’s actions can lead to their parental rights being terminated. For a grandparent to assume custody, the child’s physical and emotional well-being needs to be in jeopardy. In extreme circumstances, if the parent poses a danger to the child, Child Protective Services in Texas will place the child with the grandparents temporarily. You would need to act quickly. When a child’s best interest is not taken into account by the parent, a court will be more likely to grant custody to a grandparent who can provide a loving home.

Instances When You May Seek Custody of Your Grandchildren

The court may give a grandparent custody if at least one of the parents had their parental rights terminated. Here are specific instances when grandparents can raise their grandchildren. One of the following would need to apply to the parent: 

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Plano divorce lawyerFinancial pressures can lead to marital discord. As we face the highest inflation rates in 40 years, you may be thinking about divorce. The current divorce rate in the United States is 2.3 per 1,000 people. Traditionally, we have seen divorce rates fall during economic downturns. Couples stayed together during the Great Depression and again in the early 1980s when inflation was about as high as it is now.  

At Law Office of Brian Bagley, we do not believe it is necessary to stay in an unhappy or unhealthy marriage because of a recession. Money problems are often not the sole reason a married couple calls it quits. There could be circumstances involving infidelity or violence that you just cannot tolerate any longer. Today, we will go over key factors that determine if spousal support or spousal maintenance would be appropriate.

Personal Decision

A divorce, although always a difficult decision, can lead to peace of mind. It can also end a toxic marriage. Every couple needs to look at their specific situation before deciding to file for divorce. 

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Two Common Issues in High-Asset Divorces

Posted on in Divorce

Plano high asset divorce lawyerDivorce can often mean the end of the road for the relationships of many couples that have worked together to develop capable lives for themselves, but some spouses that are attempting to exit relationships may have martial estates that are valued in the millions of dollars. When there is considerable money at stake in a divorce proceeding, then a person will want to be sure they are working with an experienced Collin County high-asset divorce lawyer.

There is often bound to be some tension between spouses when there are considerable assets at stake in a divorce case, but people will want to take all of the appropriate steps to protect the property that is most important to them. Businesses, retirement accounts, and various investments can all play roles in these cases.

Asset Division Issues

Texas is a community property state, meaning that all property acquired during a marriage is shared jointly by both spouses. Dividing community property from separate property in a high-asset divorce can be one of the more grueling aspects of the divorce.

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Determining Child Support in Texas

Posted on in Family Law

Collin County child support lawyerThe Attorney General of Texas provides a monthly child support calculator for people to use when trying to determine an estimate for a single source of income. Texas Family Code § 154.125 establishes that child support is issued according to the following percentages of net resources. These apply when the paying parent’s monthly net resources are less than the maximum amount of net resources to which the statutory guidelines apply:

  • 20 percent for 1 child
  • 25 percent for 2 children
  • 30 percent for 3 children
  • 35 percent for 4 children
  • 40 percent for 5 children
  • Not less than 40 percent for 6 or more children

If an obligor's monthly net resources are under $1,000, the court will generally apply the following schedule in creating the child support order:

  • 15 percent for 1 child
  • 20 percent for 2 children
  • 25 percent for 3 children
  • 30 percent for 4 children
  • 35 percent for 5 children
  • Not less than 35 percent for 6 or more children

Additional Child Support Notes

Net resources will include several different kinds of income. A court will take the total amount of money a person receives from all sources and deduct various taxes and the cost of a child’s health insurance to determine net resources.

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