The Harris Law FirmFort Worth Family Law Attorney | The Harris Law Firm2026-09-10T13:02:32Zhttps://www.harrislawtx.com/feed/atom/WordPressOn Behalf of The Harris Law Firm<![CDATA[Can you get a divorce in Texas without going to court?]]>https://www.harrislawtx.com/?p=500322026-09-10T13:02:32Z2026-09-10T13:02:32ZWhat an uncontested divorce actually means
An uncontested divorce means both spouses have reached a full agreement on every issue involved in ending the marriage. This includes how property and debts will be divided, whether either spouse will receive spousal maintenance, and if children are involved, custody and parenting arrangements.
If even one issue remains unresolved, a judge will need to step in to decide it. When it works, an uncontested divorce tends to move faster, cost less and carry less emotional strain than a disputed case.
What Texas law requires before a divorce can be finalized
Even in the most cooperative divorce, Texas law sets requirements that apply to everyone:
At least one spouse must have lived in Texas for six months and in the filing county for at least 90 days
A judge must review and approve the Final Decree of Divorce
That last step is a prove-up hearing. Many Texas courts now handle this through a sworn written statement or a brief Zoom session, so neither spouse has to appear in person. Most uncontested divorces finalize between 61 and 90 days after filing.
When an out-of-court divorce works and when it does not
An uncontested divorce works well when both spouses are genuinely willing to cooperate and have a clear picture of what each person is walking away with.
It becomes more complicated when one spouse changes their position after the process has started, when the finances are more complex than they first appeared, or when one party feels pressured into agreeing to terms that do not reflect their interests. A decree with mistakes or gaps can create problems that are difficult and expensive to fix later.
How to set yourself up for a smoother process
The more clearly both spouses know what to resolve before filing, the smoother things tend to go. That includes taking stock of all assets and debts and understanding what Texas community property rules mean for your situation.
Even in an uncontested divorce, having a family law attorney review your Final Decree before it goes to the court can help you catch any issues before the judge approves and finalizes it, and make sure it reflects exactly what you and your spouse agreed to.
]]>On Behalf of The Harris Law Firm<![CDATA[Enforcing possession schedules in Texas custody disputes]]>https://www.harrislawtx.com/?p=500312026-09-04T08:59:04Z2026-09-04T08:59:04ZThe order must be specific enough to enforce
A judge cannot enforce a vague parenting schedule. The order needs exact dates, times and exchange terms so the court can compare what the order required with what the other parent actually did. If the wording is too general, a motion to enforce becomes harder.
Texas rules for enforcing possession orders make it clear that the court must be able to match the written order to the violation being alleged.
Documented evidence can support an enforcement case
A parent who asks for enforcement usually needs documented evidence, not just a general sense that the other parent is not cooperating. The court often looks for details showing what the order required, what happened instead and when each violation occurred.
Useful documentation may include:
The signed possession order
Messages or emails about missed exchanges
Calendars or logs showing denied visits or missed exchanges
Witness statements
Notes about pickup locations, times and failed drop-offs
The court may deny relief if the parent does not document the violations well.
Organized records can help the court order a remedy
A motion to enforce may lead to make-up possession, fines or other remedies allowed by Texas law. Well-documented evidence of violations often shapes custody enforcement disputes before the court decides what remedy to order. A family law attorney can organize the evidence, match it to the order’s language and request the specific relief – including make-up possession, fines or both – that the documented violations support.]]>On Behalf of The Harris Law Firm<![CDATA[Who gets the car when you divorce in Texas?]]>https://www.harrislawtx.com/?p=500212026-08-24T19:39:59Z2026-08-24T19:39:59ZHow Texas classifies vehicle ownership
Separate property includes vehicles owned before marriage or received as a gift or through inheritance. However, if community funds or a spouse's labor were used to pay off, repair or improve the car during the marriage, the other spouse may pursue a valid claim for financial reimbursement.
Establishing separate property status requires meeting a high legal standard of proof by presenting clear and convincing evidence, such as financial tracing records or original title deeds.
You must show the vehicle was yours before the wedding date or came from a source outside the marital estate. Without solid proof, the court generally treats the car as community property subject to division.
What factors influence vehicle division
Courts consider practical needs when dividing automobiles during a divorce. Texas law requires the court to divide marital property in a manner it finds fair and equitable, taking into account the rights of both spouses and any children involved in the marriage. Custody arrangements, earning capacity and financial standing all influence this decision. The court also checks each person's ability to maintain the car, including insurance costs and loan payments.
Equity in the vehicle matters as well. If you keep a car with significant value, your spouse may receive offsetting assets to balance the overall division. Courts aim for a fair split, though equal does not mean identical.
Understanding your options
Texas courts and parties generally rely on two primary routes. One spouse may be awarded the car outright and pay the other their share of its equity. Both parties may agree to sell the vehicle and divide the proceeds. Temporary orders may allow shared use of the vehicle during the case, but final divorce decrees almost always award sole ownership to one spouse.
Vehicle division depends on your unique situation, including when you bought the car and how you use it daily. Getting legal guidance can help clarify available options and protect your interests throughout the process.]]>by The Harris Law Firm<![CDATA[Can adoption proceed without finding the biological father?]]>https://www.harrislawtx.com/?p=500162026-08-10T11:14:52Z2026-08-10T09:39:19ZWhat happens when a biological father cannot be located?
If the court determines that a diligent search has been conducted and the father still cannot be located, it may authorize service by publication. This process places a legal notice in a local newspaper where the father was last known to live. The notice gives him one final chance to respond before the court moves forward. If the father does not respond, the court may consider terminating his parental rights if the petitioner proves the applicable statutory grounds and all legal requirements are satisfied.
After the court ends those rights, the adoption may continue. The court reviews the facts of each case and considers the child's best interests before making a decision. Seeking legal guidance early can help families meet court requirements, document each step and avoid delays during the adoption process.
Steps to take before an adoption can move forward
Texas courts protect a biological father’s parental rights, even when his location is unknown. Before an adoption process can move forward, the court usually requires proof that a diligent search was made to find and notify him. A simple statement that the father cannot be located is not enough. The court needs clear records showing that reasonable efforts were made.
A diligent search may include:
Contacting known people: Reaching out to the father’s relatives, friends, former employers and other known contacts who may have information about his current location.
Checking available records: Searching public records, jail records, social media accounts and vital records databases for possible information about the father.
Making contact attempts: Calling known phone numbers and sending notices to past addresses linked to the father while keeping records of each attempt.
The court reviews all documented search efforts before deciding whether the adoption can proceed. Keeping complete records helps show that every reasonable step was taken to locate the missing father.
Moving forward with the adoption
Families must meet court requirements, document every search effort and resolve parental rights before the adoption can move forward. Even a minor mistake can delay the process. An experienced attorney can help families complete each step correctly, prepare the required filings and present the evidence the court needs. Early legal guidance can help avoid delays and bring families closer to finalizing a stable, permanent placement for the child.]]>On Behalf of The Harris Law Firm<![CDATA[How is a gray divorce different?]]>https://www.harrislawtx.com/?p=500152026-07-23T18:17:02Z2026-07-23T18:17:02ZOne thing that researchers have found over recent decades is that the gray divorce rate continues to go up. Younger couples have a falling divorce rate, in part because cohabitation is more common than it used to be. But older couples have a rising divorce rate, such as those over 65, who have seen their divorce rate triple since the 1990s.
Because gray divorce is on the rise, these couples must understand what can be different about these divorce cases and some of the legal complexities they may face.
Retirement plans
One key area to consider is how to divide retirement savings and related assets. Couples who are getting divorced in their 60s may be very close to retirement age, so there is no time to plan independently after the divorce.Fortunately, there are ways to divide these assets. For instance, if one spouse has been earning retirement benefits that both were planning to use, those benefits can be split up with a qualified domestic relations order.
Significant financial assets
Furthermore, couples in this age bracket often have a higher net worth than younger couples, so they have many financial assets to divide. They may have been saving for decades, and they could have investments that are worth millions. This type of property division can become far more complex and even contentious than it would be for a younger couple who has far less to their name.They also have to look at tangible assets that they own jointly. A couple may have purchased a home 30 years ago that is now entirely paid off, and its value may have tripled since they bought it. If their house is now worth over $1 million, deciding exactly how to address it as a shared asset can be complicated.This is especially true if either spouse wants to stay in the home. The simplest way to divide real estate is to sell it and split the revenue, but older couples may want to stay in the home they have lived in for decades, meaning they have to consider other options.While gray divorce can be complex, there are ways to address all of these legal issues, and an experienced divorce attorney can help provide the necessary guidance at this time.
]]>On Behalf of The Harris Law Firm<![CDATA[Moving may require a custody modification for co-parents]]>https://www.harrislawtx.com/?p=500142026-07-17T11:40:59Z2026-07-17T11:40:59Zmodification of that order may be required. Parents should never just take the children and move, violating the court order and their ex's parental rights.
Will the court approve a modification?
If you are hoping to relocate with your child, in general, courts will work with you to appropriately modify the arrangement. But they may ask you for good-faith reasons for the move and the requested modification, just to make sure that you are not doing it only to keep your former spouse from seeing their children.
There are many potential reasons why the relocation could be beneficial, both for you and your child. Examples include taking a new job that will increase your standard of living, looking for a more affordable housing situation or even going back to school to further your education. In many cases, divorced parents want to move closer to extended family members to help care for their children.
No matter what your specific reasons are, the key is always to focus on taking the proper legal steps to obtain the modification in advance. Make sure you understand exactly what legal requirements you face to ensure that this process goes smoothly. Seeking legal guidance can help.]]>On Behalf of The Harris Law Firm<![CDATA[What is the “best interest of the child?”]]>https://www.harrislawtx.com/?p=500122026-07-06T16:15:40Z2026-07-06T16:15:40ZSome parents are surprised to learn during the custody portion of their divorce battles that what is considered to be in the best interest of the kids is not necessarily the outcome they hoped for.
That’s OK, as the Texas family law system is designed to protect the children and allow them to live their best lives regardless of their parents’ marital decisions. Read on to learn more about how to provide the best home possible for your children.
Make sure you are present as a parent
That can mean different things to families, but basically it’s defined by showing up for your kids when they need you and sharing their lives with them. Make sure your parenting time with them is driven by real interaction and not just individual screen time. Simply being a present parent in your child’s life goes a long way toward establishing the boundaries they need to grow and thrive.
Meet all your children’s needs
Not all parents have whole summers off to spend with their children. If you have to work during your custody time with the kids, make sure that you have lined up impeccable child care for those periods. Whether that might include child care professionals or extended family members, the person in charge of your children should be qualified and up to the job.
Track expenses
Good child care is rarely cheap, so make sure to provide the court with proof of payment for daycare services rendered during your custody time. Being able to show that you have sufficient child care options can help persuade the courts that the kids are indeed safe and well-cared for during your designated time with them.
Heed your legal team’s guidance
Don’t play short shrift with the advice provided to you by professionals. Whether it’s your legal team or the children’s therapist, carefully consider their words of wisdom to you now. Learning more about how Texas custody laws work is always prudent.]]>On Behalf of The Harris Law Firm<![CDATA[What is the difference between divorce and annulment in Texas?]]>https://www.harrislawtx.com/?p=500112026-07-01T02:47:18Z2026-07-01T02:41:48ZWhat is divorce in Texas?
Divorce legally ends a valid marriage. Once a court finalizes a divorce, both spouses are free to remarry and move forward as single individuals. Texas is a community property state, so courts divide marital property in a way they consider “just and right,” which may not always mean a 50/50 split.
A divorce also resolves key issues such as:
Division of marital property and debts
Child custody and visitation
Child support
Spousal maintenance in certain cases
The court recognizes that a valid marriage existed before it ends the legal relationship.
One spouse was underage and lacked proper consent.
One spouse was under the influence of drugs or alcohol at the time of marriage.
One spouse lacked the mental capacity to consent.
Fraud, duress or force led to the marriage.
One spouse was already married to someone else.
The spouses never lived together after marriage in certain cases
Because annulment challenges the validity of the marriage itself, courts apply strict standards.
Key differences between divorce and annulment
Although both processes involve family court, the legal outcomes differ significantly.
With divorce:
The marriage is legally recognized and then dissolved.
Property and debts are divided under Texas community property rules.
Spousal rights and obligations may apply.
With annulment:
The law treats the marriage as if it never existed.
Courts still address issues like property division and child custody when necessary.
Eligibility depends on specific legal grounds, not just the desire to end the marriage.
Which option applies to your situation?
Most couples in Texas end their marriage through divorce because annulments require specific legal grounds and strong evidence. Annulment is not available simply because a marriage did not work out.
Divorce is the appropriate option when a valid marriage exists but the relationship has broken down. Annulment may apply only when a fundamental legal issue existed from the start.
Why legal guidance matters
Whether you pursue divorce or annulment, the process can significantly affect your financial future, parental rights and legal status. An experienced Texas family law attorney can evaluate your situation, determine whether annulment is an option and guide you through the appropriate legal process.
Understanding the difference early can help you take the right steps and avoid unnecessary delays in resolving your case.
]]>On Behalf of The Harris Law Firm<![CDATA[3 top considerations during a Texas adoption home study]]>https://www.harrislawtx.com/?p=500102026-06-17T18:11:10Z2026-06-17T18:11:10Zhome study is typically part of that process. Home studies help ensure that adopted children live with safe and stable families. What factors do professionals typically focus on when conducting a pre-adoption home study?
1. The background of the adults in the home
A criminal background check is a standard component of any pre-adoption home study. Not all criminal records preclude adoption. Typically, the focus is on offenses that could affect a child’s safety, including violent crimes, drug offenses and crimes of exploitation. All adults living in the family home, not just the adoptive parents, are typically subject to a criminal background check.
2. The family's financial stability
One of the most common myths about adoption is that adoptive parents must be homeowners. Adults who rent can adopt, provided that they are financially stable. Validating that the family can meet a child's basic needs and that they have stable income is an important part of the pre-adoption home study process.
3. The dynamics in the family
Home studies often involve interviews with each person in the home, including children who already live with the aspiring adoptive parents. Learning about how the family operates and ensuring that everyone has a positive opinion of the prospective adoption is an important component of the home study process.
Many people find the idea of a home study to be intimidating. Learning more about what occurs during a Texas adoption can help people approach the entire process confidently. Aspiring adopted parents who have legal representation have the best chances of navigating legal proceedings and home studies to successfully adopt.]]>On Behalf of The Harris Law Firm<![CDATA[What is a commingled asset?]]>https://www.harrislawtx.com/?p=500072026-06-05T12:19:58Z2026-06-05T12:19:58ZMixing assets together
Commingling is the process of mixing assets together. Once they have been mixed, it can change their status. For instance, say that someone gets a $10,000 inheritance from their parents. Even if they were married, that ordinarily starts out as a separate asset.
But if the person deposits the $10,000 into a shared bank account where the couple keeps their joint funds, this gives their spouse access to that money. It may be used to pay the mortgage or buy groceries. Because the funds have been mixed together, the entire account may now qualify as a marital asset that has to be divided.
On the other hand, if the person had opened a personal bank account and deposited their $10,000 where only they could access it, it may remain a separate asset. That could mean that it does not have to go through property division.
Addressing a complex divorce
If you and your spouse are getting divorced, issues like this can certainly complicate the process. Make sure you know what legal options you have moving forward. Seeking legal guidance can help.]]>