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Question: How do I deal with difficulties in my marriage?

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Divorce is not always the solution and there are ways to save your marriage.  These are a few pointers:

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Question: Can we just be separated and not be divorced under Texas law?

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Texas laws do not recognize a legal separation; albeit, that during the divorce proceeding, the court might order the parties to live separately from each other.

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Question: Can I stop my spouse from getting a divorce?   

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In Texas, once a divorce petition is filed, and one of the parties decides to go through with it, you cannot stop the proceedings.  The only thing that can be done is to change your spouse’s mind in regard to the divorce.  An experienced marriage counselor might be the key to helping you and your spouse work through the difficulties of marriage.

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Question:  What is an uncontested divorce in Texas?

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Uncontested divorce is the dissolution of a marriage when both parties are able to come to an agreement about the property, children, and support issues, if any.

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Question: What is a contested divorce in Texas?

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In a contested divorce, the spouses are unable to come to an agreement on issues such as child custody, division of assets, support, and/or other such issues.  When spouses cannot agree, they go before the court and the court will make the final decision on all issues they were not able to negotiate.  In such situations, the parties hire lawyers to guide them through the process and protect their interest.  In contested matters, the litigation process could take longer to conclude, depending upon issues at controversy.

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Question: What to do if you need to get divorced?   

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Consult with a family law attorney.  Your attorney will explain the process, Texas law, and what you could expect during the proceedings. 

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Question: Can my spouse and I just hire one attorney to represent both of us? 

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No.  Although an attorney can draft the documents for both parties, the attorney cannot legally advise more than one of you during the divorce proceeding. 

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Question: What does it mean that a Texas court must have jurisdiction over a divorce matter?

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Texas Family Code requires that either party to a divorce must have been a resident of Texas for at least 6 months prior to the filing of a divorce action.  Furthermore, one of the parties to a divorce action must be a resident in the county where the divorce petition is filed, for at least 90 days.  These requirements must be met before a Texas court is able to have jurisdiction over a divorce matter.  

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Question: What is a cooling off period?

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A Texas court cannot grant a divorce before the 60th day after the date the divorce petition was filed.  If you are getting an uncontested divorce, typically, you can be ready to complete the process within 60 days, depending on the court’s docket.  However, if your divorce is contested, this process could be a lot longer, depending on many factors such as:  division of property, custody, child support, spousal support (maintenance), inventory appraisement, social study, and other such related matters.

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Question: Is getting a divorce expensive?

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Unfortunately, contested divorce proceedings can become very expensive depending upon the issues between the parties.  Our office is here to help.  Of course, every situation is different, and as a result, we work with our clients on an individual basis.  Give us a call and see if we can help you with your own customized payment plan. 

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Question: Who gets to stay in the house? Do I have to move out?

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Until a Texas court rules on this matter, each spouse has an equal right to remain in the marital residence.  However, a Texas court may, at a hearing, rule and give the exclusive use of the house to one party until the divorce is finalized.  There are many factors that a Texas court will consider in making an exclusive use decision, and you should consult with an attorney before any such hearings. 

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Question:  What does child custody mean in Texas?

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In Texas, when dealing with custody, it is referred to as conservatorship.  The three terms that is often used is joint managing conservatorship, sole managing conservatorship, and possessory conservatorship.

In Texas, child Custody and visitation are based on “what is in the best interest of the child;” specifically, Texas Family Code Section 153.002 states that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”  As a result of this, the default rule is a joint managing conservatorship because the Texas courts have decided that the child’s interest is best served by having both parents involved in the child’s life. 

In Texas, joint managing conservatorship means “sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decisions is awarded to one party.”  In Texas, as stated earlier, there is a presumption that the joint managing conservator relationship is in the best interest of the children.  However, joint managing conservatorship is a rebuttable presumption, when there is a finding of family violence.  In the joint managing conservator relationship, one of the parents will have the primary possession of the child.  This simply means where the child will reside for most of the time. 

When joint managing conservator relationship is rebutted by one of the parents, a Texas court will appoint a sole managing conservator.  The sole managing conservator will have decision making powers that the other conservator will not, for example, the power to authorize invasive procedure, or power to send the child to a specific summer camp. 

The other parent in a sole managing conservator relationship is called a possessory conservator when appointed by a Texas court.  This parent will have visitation rights in accordance with the Texas court order, and more importantly, the child will not live with this parent. 

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Question: What enforcement measures can be taken in collecting child support in Texas? 

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If a Texas court orders child support, the non-custodial parent must pay the child support.  If a non-custodial parent fails to pay child support, he or she is subject to enforcement measures that have been set up by Texas laws, such as: 

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Question: What is a Parenting Plan?

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A parenting plan is a Texas court order concerning children’s issues, such as, parents’ rights and duties, visitation, child support, health insurance, payment of medical expenses not covered by insurance, and other such matters. 

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Question: What are the rights and duties of parents under Texas law?

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A parenting plan is a Texas court order concerning children’s issues, such as, parents’ rights and duties, visitation, child support, health insurance, payment of medical expenses not covered by insurance, and other such matters. 

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Question: What is a Parenting Plan?

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Question: Is there alimony in Texas?  What is spousal maintenance? 

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Unlike some other states, there is no alimony in Texas.  Texas, however, does allow for spousal support or better known as spousal maintenance.  In considering whether to allow spousal support (spousal maintenance), a Texas court could consider many factors, such as the earning capacity of the spouse, the responsibility of the spouse for the children, health and age of parties, ability to work, the duration of the marriage, and the financial resources and liabilities of the spouse. 

Generally, in order to receive support after the divorce, the parties must have been married for a period exceeding ten (10) years, and if a Texas court decides, a party may be qualified to receive up to $2,500.00 a month for a maximum of three (3) years. 

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Question: What is discovery and does my divorce action need it? 

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Typically, discovery is conducted during the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as disclosures, request for production, request for admissions, interrogatories, and depositions.  Texas law has different discovery control plans and each case is governed in accordance with the discovery control plan.    

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Question: When can I start dating?

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You should not date until the divorce is final.  Your legal status as a married person does not change until your divorce is granted by a Texas court; thus, if you date during the divorce proceeding, it can be argued that you are committing adultery.  However, times have changed, and some judges are lenient regarding dating while a divorce is pending.  Nevertheless, you should be cautious about dating during the divorce proceeding because dating can impact a child custody dispute, asset division, and other such matters. 

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Question: Can I record telephone conversations?

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Texas law allows you to tape record a conversation, if and only if, you are a party to the conversation. Therefore, you may record a conversation between yourself and another person.

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Question: Can I install recording equipment to listen to my spouse’s conversation?

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No.  You cannot legally record a conversation to which you are not a party.  Violation of this Texas law is a felony.

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Question: What does community property mean? 

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Texas is a community property state.  Community property state means that all properties (whether real estate or personal) and any debt acquired during the marriage will be divided based on equitable basis.  Most of the time equitable basis is reviewed as equal basis; the Texas courts, however, could make extra allowances or division to one of the spouses if there are specific circumstances or issues that would make it necessary for justice to prevail.  This is called the just and right division of community property.

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Question: Does a community property mean a “50-50” split of assets in a divorce?

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No.  In Texas, community property is split in a manner that the court deems just and right, and the court can look at projected future earnings of the parties, reason for divorce, family violence, and other such issues in order to award more property to one party. 

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Question: Can I change my name?

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Name changes are commonly done by women who want to restore their maiden names.  If a name change is needed, it is best to do it during a divorce proceeding.  If not done during the divorce proceeding, then another petition must be filed with the court requesting the name change.  Please note that as a separate petition, the requirements are much stricter. 

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The E-1 visa is for nationals from countries with which the U.S. has a treaty of friendship, commerce, and navigation, who are coming to the U.S. to engage in substantial trade between the U.S. and the alien’s country of nationality.

The E1 visa employee must hold a supervisory or executive position or have skills which are essential to the successful operation of an enterprise.  The applicant’s family may join him/her under the same status. The E1 visa is initially valid for two years and may be extended indefinitely.

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The E-2 visa is issued to individuals known as “treaty investors.”  A treaty investor is a national of a country with which the US maintains a treaty of commerce and navigation.  A treaty investor should be coming to the United States to involve themselves in a substantial investment. 

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An F-1 Visa may be obtained for a student who wishes to pursue full-time academic studies in a college, university, seminar, co rivate academic high school, other academic institution, or language training program.

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A person must go through a multi-step process in order to obtain a permanent resident status.  Typically, a petition is done through an employer or a relative. This requires filing the petition, getting the petition approved, and obtaining a visa number. 

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The Immigration and Nationality Act is a law that governs immigration in the United States.

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These are a few documents that are usually filed when applying for a permanent resident status in the United States: 

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There are four categories for getting a green card (permanent residence status) based upon employment:  1) EB-1 priority workers; 2) EB-2 Professionals with advanced degrees or persons with exceptional ability; 3) EB-3 Skilled or professional workers; and 4) EB-4 Special Immigrants.

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EB-1 visas are given to foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics.  Typically, EB-1 visas are given to foreign national who are outstanding professors or researchers, and those who are managers and executives, subject to international transfer to the United States.

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EB-2 visas are given to foreign nationals of exceptional ability in the sciences, arts or business.  Typically, EB-2 visas are given to foreign nationals who are advanced degree professionals, and qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.

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EB-3 visas are given to foreign national professionals with bachelor's degrees (not qualifying for a higher preference category).  Typically, EB-3 visas are given to foreign national skilled workers (minimum two years training and experience), and foreign national unskilled workers.

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EB-4 visas are given to foreign national religious workers, and employees and former employees of the U.S. Government abroad.

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When an employer wants to sponsor (petition) for a foreign national to work in the United States on a permanent basis, the employer must file a Form I-140, Petition for Alien Worker.  If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Petition for Alien Worker.

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LPR stands for a lawful permanent resident.  An LPR is a foreign national who has been granted the privilege of permanently living and working in the United States. 

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If a person wants to become an LPR based on the fact that he or she has a relative who is a citizen of the United States, or a relative who is an LPR, then the applicant must go through a multi-process.  The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, and of course, I-130 Petition for Alien Relative must be accompanied by proof of the applicant’s relationship to the requesting relative.  For more detail as to the availability of visa number and processing, please feel free to contact one of our immigration attorneys.   

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IIn order for a relative to sponsor an applicant to immigrate to the United States, he or she must meet the following criteria:

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First, an applicant must establish a new commercial enterprise by: 1) creating an original business; 2) purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business, such that a new commercial enterprise results; or 3) expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months.

Second, an applicant must invest or actively be in the process of investing in a new commercial enterprise at least $1,000,000.00, or at least $500,000.00 if in a targeted employment area. 

Third, an applicant must show that the new commercial enterprise will benefit the United States economy by either creating full-time employment for at least 10 qualified individuals, or maintain the number of existing employees (for more detail on this subsection, please contact our office). 

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The applicant must file a Form I-526, immigrant Petition by Alien Entrepreneur.  Form I-526, Immigrant Petition by Alien Entrepreneur, must be filed with supporting documentation  and evidence that clearly shows that the applicant is able to meet all the necessary requirements such as:  1) establishing a new commercial enterprise; 2) investing the requisite capital amount; 3) proving the investment comes from a lawful source of funds; 4) creating the requisite number of jobs; and 5) demonstrating that the investor is actively participating in the business.  There are other factors to consider when an applicant wishes to submit his or her Form I-526, immigrant Petition by Alien Entrepreneur, for more information, please contact one of our immigration attorneys.

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This simply means that an applicant wants to become a lawful permanent resident (green card holder) based on his or her employment status.

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There are three categories of the employment based process. 

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The answer is that the demand for the visas is a lot higher than the available visas.

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Naturalization is the process by which a person becomes a US citizen. 

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The general requirements are as follow:

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When a citizen of another country wants to come to the United States, he or she must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence.  The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2).

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Our laws are set up as such that there is an automatic presumption that every visitor who comes to the US, does not want to leave; thus, the applicant must show with evidence and overcome this presumption.

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A person with a student visa who needs to apply for work authorization should discuss his or her employment matter with his or her school’s designated person.  There are different options available depending on the student visa type. 

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This is a nonimmigrant category within the immigration law that allows the spouse or child of a US citizen to come to the United States. 

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The eligible applicants are those who are married or are going to be married to a United States citizen. 

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There are multiple steps and processes that need to be completed, such as whether it is a fiancé visa (which will have some requirements), or actual spouse.  Next, work a permit application needs to be filed, I-765, Application for Employment Authorization.  In order to make sure you are on the right track, please contact our immigration attorney and let us help you.