Category: Divorce Laws
Questions/Answers
What is a uniform law?
Uniform laws are laws that are written up by a committee, composed of lawyers who are specialists in a particular area of law. These professionals seek to standardize certain laws and procedures throughout the states. The committee, known as the Uniform Law Commission, will distill a law that will combine the best of all laws in a particular area of law, while avoiding the worst, and write, or “draft," model legislation that states and their legislatures can follow when passing their own laws.
Helpful Tips and Facts
How long does it take to finalize a divorce?
In accordance with Texas Laws, a waiting period of 60 days is required. However, the divorce may take longer if the parties are trying to work out the terms of the divorce, such as custody of children, child support, property division, etc. If an agreement is not reached, either party may schedule a hearing at any time after the 60 day waiting period.
Premarital Agreements
When drafting a premarital agreement (prenup) before marrying your true love there are several factors to keep in mind. To be enforceable a prenup: (1) Must be in writing and signed by both parties, (2) It must be signed voluntarily with no coercion whatsoever, and (3) It must be fair. It cannot be unconscionable on its face and there must be fair disclosure. Putting all of this into a less legalese notion all of the above basically means that you should tell your now and forever love about any riches you may have, make sure he or she signs the prenup, and avoid any instances during the signing that could indicate coercion. An example of coercion would be walking into the bridal prep room just moments before the wedding and presenting your bride with the prenup in a "sign or else" fashion.
Texas Temporary Orders Hearing
In Texas, divorce cases typically have contested hearings within 2-4 weeks after a divorce has been filed. They are in essence, like mini-trials and the rules of evidence generally apply. A good divorce lawyer should be thoroughly familiar with this process and even more familiar with any "local rules" that the particular Judges hearing the case may have. The temporary hearings are never to a jury so all issues of fact and law, at that stage, will be submitted to the court.
Same Sex marriage in Massachusetts
Since Massachusetts’s legalization of gay marriages, the "divorcing " population can be divided clearly into two distinctive sets: one group "living together outside of marriage" and the other "married." The legalization of same sex marriage can provide the armor of protection for the "weaker" partner, but other factors can come into play like length of marriage.