by Mokolo LawDividing the Marital Home in Texas
For many divorcing couples in Texas, the marital home is not just a property; it’s a place tied to memories, routines, family traditions, and deep emotional significance. It’s also often the largest financial asset shared between spouses. As such, deciding what happens to the home during divorce is a high-stakes decision that blends legal rights, financial obligations, and personal needs.
At Mokolo Law Firm, we understand the complexity and sensitivity of these decisions. We offer the legal guidance and negotiation strength you need to protect your equity, secure your future, and move forward with confidence.
Understanding Marital Property in Texas
Texas is one of only a few community property states, which means that most assets (and debts) acquired during the marriage are presumed to be owned equally by both spouses. However, not all property is treated the same. Understanding the legal classification of the marital home is the first step in dividing it fairly.
Property Classifications
1. Community Property
- Acquired during the marriage (regardless of who paid or whose name is on the title).
- Includes the marital home if purchased using joint funds or during the marriage.
2. Separate Property
- Owned by one spouse before the marriage.
- Acquired as a gift or inheritance, even during marriage (if not commingled).
- Increase in value may still be subject to division if community funds contributed to improvements or mortgage payments.
Note: Even if the home was purchased before the marriage, it may become partly community property if both spouses contributed to mortgage payments, renovations, or equity during the marriage.
Key Factors in Deciding Who Keeps the House
Texas family courts aim for a “just and right” division of community property, which doesn’t always mean a perfect 50/50 split. The court considers various factors when deciding who retains the home, or whether it should be sold:
1. Best Interests of the Children
- Courts often favour awarding the home to the primary custodial parent to provide stability for minor children.
2. Ability to Maintain the Home
- Which spouse can afford mortgage payments, taxes, insurance, and upkeep post-divorce?
- Can one spouse qualify to refinance the mortgage independently?
3. Emotional and Practical Considerations
- Is one spouse particularly attached to the home?
- Are both parties able to cooperate if co-ownership is considered temporarily?
4. Financial Standing and Earning Capacity
- The court may consider disparities in income, employability, or access to alternative housing.
5. Debt Allocation
- Who is better positioned to assume the mortgage or handle related debts?
Options for Dividing the Marital Home
1. Sell the Home and Split the Proceeds
This is often the cleanest option.
Benefits:
- Eliminates shared financial ties.
- Each spouse receives their share of the equity to use toward a fresh start.
- Avoids disputes over future property value changes.
Challenges:
- Emotional difficulty in letting go.
- Market timing and costs of sale may impact final proceeds.
2. Buyout by One Spouse
One spouse retains the home and compensates the other for their share of equity, often by refinancing.
Key Steps:
- Home appraisal to determine market value.
- Mortgage refinancing in the name of the retaining spouse.
- Legal release of liability for the departing spouse.
Benefits:
- Offers stability, especially for families with children.
- Keeps the asset in the family.
Challenges:
- Requires sufficient income and credit.
- Tied to interest rates and refinancing costs.
3. Deferred Sale (Temporary Possession)
The court may allow one spouse (often the custodial parent) to stay in the home for a specified period usually until children reach a certain age after which the home is sold.
Benefits:
- Protects children from major transitions during key years.
- Delays division to a later, potentially more stable time.
Challenges:
- Ongoing co-ownership and expense-sharing require strict agreements.
- May delay financial independence for both parties.
4. Co-Ownership After Divorce
Rare but possible, especially if the couple wants to delay sale for financial reasons or until market conditions improve.
Requirements:
- Written agreement outlining responsibilities, cost-sharing, and exit strategy.
- Clarity on who can live in the home, pay for repairs, and claim tax deductions.
Risks:
- Relies on post-divorce cooperation.
- Legal complexity if one party wants to sell later and the other does not.
Protecting Your Financial Interests and Equity
Equity in a home can represent decades of savings and investment. Whether you’re keeping the home or walking away with your share, Mokolo Law Firm helps you protect what you’ve earned.
We Help You:
- Accurately assess home value.
- We collaborate with real estate appraisers and forensic accountants as needed.
- Determine Your Share of Equity.
- Accounting for contributions, liens, tax obligations, and improvements.
- Ensure Proper Refinancing or Debt Allocation
- Removing your name from the mortgage is essential if you’re not keeping the house.
- Negotiate clear, enforceable agreements
- Written into the divorce decree to prevent future disputes.
Final Thoughts on Dividing Marital Home in Texas
Dividing the marital home isn’t just about who gets the keys; it’s about housing stability, financial security, and a clean foundation for the next chapter of your life. Each decision carries long-term consequences, and mistakes can be costly.
At Mokolo Law Firm, we provide the insight, advocacy, and compassion you need to make sound choices. Whether your case involves negotiation, mediation, or court intervention, we stand by your side every step of the way.
Ready to protect your home and your future? Contact Mokolo Law Firm today to schedule a confidential consultation.
by Mokolo LawBusiness Valuation in Divorce
When divorce involves a closely held or family-run business, the process becomes significantly more complex than dividing typical marital assets. For many couples, a business is not just a source of income but also one of their largest financial assets. Determining its value fairly and ensuring that value is accurately represented in divorce proceedings is critical.
At Mokolo Law Firm, we understand the unique challenges of business valuation in divorce. We work closely with financial experts, forensic accountants, and valuation professionals to protect your interests and ensure equitable outcomes.
Why Business Valuation Matters in Divorce
The valuation of a business directly influences several key aspects of your divorce, including:
- Property Division – Texas is a community property state, meaning that businesses (or portions of them) acquired or grown during the marriage may be subject to division.
- Spousal Support (Alimony) – The value and profitability of a business often factor into whether spousal support is awarded and in what amount.
- Future Financial Security – For many business owners, the company represents their livelihood, retirement plan, and legacy. For spouses, it can represent years of contributions—direct or indirect—to its success.
An undervalued business could leave a spouse with far less than they are entitled to, while an inflated valuation could saddle an owner with unfair financial obligations. In contentious divorces, it is not uncommon for one party to attempt to hide income, overstate liabilities, or underreport assets, making professional scrutiny essential.
Common Business Valuation Methods
Courts and financial experts typically rely on three recognized approaches to valuing a business:
1. Asset-Based Approach
- Focuses on the company’s tangible and intangible assets (real estate, inventory, equipment, intellectual property, goodwill, etc.).
- Best suited for businesses with significant physical holdings.
2. Income Approach
- Projects future earnings and cash flow, then calculates present value based on risk and industry factors.
- Commonly used for professional practices and service-oriented businesses.
3. Market Approach
- Compares the business to similar companies recently sold in the marketplace.
- Useful when reliable market data exists for comparable businesses.
Often, multiple methods are applied and reconciled to produce a defensible, court-accepted value.
Key Legal Considerations in Texas
When valuing a business in divorce, Texas law raises several important questions:
- Timing of Ownership – Was the business started before the marriage (separate property) or during the marriage (community property)?
- Community Contributions – Even if the business was founded before marriage, did community funds or labor contribute to its growth?
- Spousal Roles – Did one spouse manage the business full-time while the other contributed indirectly (e.g., maintaining the household or supporting financially)?
- Pre-Existing Agreements – Is there a buy-sell agreement, prenuptial, or postnuptial agreement that dictates ownership division?
Courts will also examine whether one spouse should be compensated for their share, either through a buy-out, structured settlement, or allocation of other assets of equal value.
How Mokolo Law Firm Supports You
Navigating business valuation in divorce requires both legal skill and financial expertise. Our team helps clients by:
- Partnering with valuation professionals to secure an accurate, court-accepted appraisal.
- Investigating financial records for hidden income, misreported expenses, or manipulated cash flow.
- Negotiating creative settlement options, such as buy-outs, installment payments, or asset swaps.
- Protecting sensitive business data during discovery to minimize disruption to operations.
- Ensuring that property division and spousal support outcomes reflect a fair balance of contributions and future needs.
Final Thoughts on Business Valuation in Divorce
Dividing a business during divorce is never simple. It requires a skilled legal team, meticulous financial analysis, and a strategy tailored to your goals whether you want to retain ownership, divide assets fairly, or uncover hidden value.
At Mokolo Law Firm, we fight to protect your financial security while preserving the integrity of your business. With the right legal and financial guidance, you can navigate this process with confidence and clarity.
Call us today for a confidential consultation to discuss your business and divorce strategy.
by Mokolo LawDividing The Marital Home In Texas
For many couples, the marital home represents more than just real estate. It’s a shared investment, a place of emotional attachment, and often the most significant financial asset in a marriage. When a divorce becomes necessary, determining what happens to the family home can be one of the most challenging and consequential decisions you face.
In Texas, which operates under community property laws, the division of the marital home involves legal analysis, valuation considerations, and strategic planning. At Mokolo Law Firm, we help clients navigate this process with a focus on fairness, long-term stability, and protection of their financial future.
Dividing The Marital Home In Texas
Who Gets the House?
Texas is a community property state, which generally means that assets acquired during the marriage belong equally to both spouses. However, exceptions exist, and the marital home may be classified as either:
1. Community Property: Acquired during the marriage with marital funds.
2. Separate Property: Acquired by one spouse before the marriage or through gift or inheritance, even during the marriage, if properly documented.
Key Factors to Determine How to Divide the Home
When determining how to divide the home, the court evaluates several key factors:
a. Custody of Children: Courts often favour allowing the primary custodial parent to remain in the home to maintain stability for the children.
b. Financial Resources: The ability of each spouse to afford the mortgage, taxes, and maintenance, including qualification for refinancing.
c. Equity and Contributions: How much equity exists and each party’s direct or indirect contributions to the property’s value (e.g., mortgage payments, improvements).
d. Debts and Obligations: Outstanding mortgage balances, liens, or property tax arrears.
e. Feasibility of Sale: Whether it’s practical or necessary to sell the home and divide the proceeds.
Options for Dividing the Marital Home
1. Sell the Home and Split the Proceeds
This is often the most straightforward approach. After the sale:
a. Proceeds are divided based on community property rights or as negotiated.
b. Joint liabilities are paid off (e.g., mortgage, home equity loans, closing costs).
c. Neither party retains emotional or financial ties to the property.
2. One Spouse Buys Out the Other
In this option, one spouse retains ownership by:
a. Paying the other spouse their share of equity (often by refinancing the mortgage).
b. Releasing the other from future liability on the loan.
c. This requires accurate home valuation, financial qualification, and sometimes negotiation of payment terms.
3. Deferred Sale (Temporary Possession)
Often used when children are involved, one spouse (usually the custodial parent) remains in the home for a set period. Later:
a. The home is sold, and the proceeds are split.
b. Conditions for sale (e.g., child graduation, specific date) should be outlined in the divorce decree.
4. Co-Ownership Post-Divorce
Though rare and complex, some spouses agree to co-own the property temporarily:
a. For investment or children’s stability.
b. Requires clear agreements on expenses, tax deductions, and future sale terms.
Protecting Your Equity and Legal Rights
At Mokolo Law Firm, we work to ensure you don’t leave value on the table. We will:
1. Determine the accurate value of the home through appraisal, market comparisons, and real estate expert input.
2. Calculate your share of Equity by subtracting debts from the market value and identifying each party’s stake.
3. Evaluate refinancing and mortgage obligations, including possible credit impacts and post-divorce payment responsibilities.
4. Negotiate equitable solutions that reflect your contributions, financial needs, and future goals.
5. Secure legal protections in the divorce decree to avoid future disputes over payments, taxes, or missed deadlines.
Final Thoughts on Dividing the Marital Home on Dividing the Marital Home in Texas
The marital home often holds both emotional significance and financial weight. Whether you want to keep the home, sell it, or negotiate an alternative arrangement, the key is informed legal planning.
At Mokolo Law Firm, we understand the personal and financial stakes involved. Our compassionate, strategic approach helps you make decisions that secure your housing stability and financial independence, both now and in the years ahead. Contact us today to schedule a consultation and discuss your best path forward.
by Mokolo LawHow to Handle Suspected Hidden Assets During Divorce In Texas
Divorce is never easy especially when you suspect your spouse may be hiding assets. Whether it’s undisclosed income, secret accounts, or property transferred to others, hidden assets can significantly impact the fairness of your settlement.
If you believe your spouse isn’t being honest about money or property, you’re not alone and you don’t have to navigate this process by yourself. Your first step should be to consult a divorce attorney with experience in asset discovery and financial investigations. They can guide you through legal procedures to ensure full financial disclosure and use discovery tools to uncover hidden assets.
How to Handle Suspected Hidden Assets During Divorce In Texas
In this guide, we’ll explain the steps you can take to spot red flags, gather evidence, and work with legal and financial professionals to protect your rights.
What Are Hidden Assets and Why Do Some Spouses Try to Hide Them?
Hidden assets are any property, income, or financial accounts that one spouse intentionally conceals from the other during a divorce. This can include undisclosed bank accounts, underreported income, transferred property, or even valuable items like artwork or jewelry tucked away out of sight.
Common Types of Hidden Assets:
- Secret savings or investment accounts
- Undisclosed business revenue or profits
- Real estate or vehicles titled under another name
- Cash withdrawals or “loans” to friends and family
- Cryptocurrency or digital assets
Why Do Spouses Hide Assets?
During a divorce, all marital assets must be disclosed to ensure a fair and equitable division. Some spouses, however, attempt to hide assets for personal gain or out of spite. Motivations may include:
- Reducing the marital estate: To walk away with more than their fair share
- Avoiding spousal or child support: By appearing less financially capable
- Punishing the other spouse: Especially in high-conflict or emotionally charged divorces
- Planning for post-divorce financial security: By secretly preserving wealth
Hiding assets is unethical and illegal. Courts take these actions seriously and may impose penalties, including awarding a greater share of the assets to the honest spouse.
How to Handle Suspected Hidden Assets
1. Consult a Divorce Lawyer
Engage an attorney who specializes in high-conflict divorces and asset tracing. He will explain your rights and legal options, develop strategies to uncover concealed assets and initiate the legal process for disclosure and investigation.
2. Gather Financial Documents
Start collecting all relevant financial records such as; bank statements, tax returns, investment accounts, real estate and business records. And be at alert for warning signs like,unusual cash withdrawals or transfers, changes in spending habits, transfers to family or third parties, account password changes and new or unexplained debts
3. Hire a Forensic Accountant
A forensic accountant can analyze financial records for inconsistencies or unusual transactions, trace assets through financial paper trails ans provide expert testimony if needed.
4. Use the Legal Discovery Process
Your attorney can request documents, submit questions under oath, and conduct depositions to reveal concealed assets. Requests to examine emails, texts, or physical items like safe deposit boxes, requests for specific records like tax filings or loan applications, etc.
5. Consider Court Intervention
If your spouse resists cooperation, your lawyer may request court orders mandating full disclosure, seek to freeze assets or impose sanctions and reopen the case if assets are discovered after the divorce is finalized.
6. Watch for Dissipation of Assets
Dissipation involves one spouse wasting or hiding assets, often through, gambling, excessive spending, or reckless investments and unauthorized transfers to friends or relatives.
7. Keep Thorough Documentation
Documentation is critical if the case proceeds to court. Record everything such as, suspicions and supporting evidence, communication with your spouse and professionals and steps taken to uncover hidden assets
8. Avoid DIY Investigations
Avoid conducting your own investigation. Unauthorized surveillance or access to private information can harm your case and may be illegal. Leave the investigation to your lawyer and financial experts.
Common Signs That Your Spouse is Hiding Assets in Divorce
If you’re approaching a divorce, it’s important to stay vigilant for signs that your spouse might be concealing assets. Here are some of the most common red flags to watch for:
1. Suspicious and Unusual Financial Activity
Keep an eye on your joint accounts. Large or unexplained withdrawals could suggest that your spouse is stashing away cash. Similarly, transfers you don’t recognize may mean they’ve opened new, undisclosed accounts or are funneling money to trusted friends or family members, possibly with the intent of retrieving it after the divorce.
2. Missing Account Statements and Bills
In the digital age, most financial documents are sent by email. If you’ve lost access to shared email accounts or if paper statements suddenly stop arriving your spouse may be trying to hide financial information. You should have full access to any account where financial alerts or statements are received.
3. Changed Passwords
A sudden inability to log in to shared financial accounts is a something to worry. If your spouse changes passwords and doesn’t share the new ones with you, it could be an intentional move to conceal financial activity.
4. Inconsistent Financial Documents
Now’s the time to pay close attention to tax returns, loan applications, and financial disclosures. These documents often reveal assets or income streams that weren’t obvious before. Watch for discrepancies what appears on a tax return should line up with other financial statements. If not, there may be more to uncover.
5. Suspicious Gifts or Transfers
Some people attempt to hide assets by “gifting” money or property to friends or family with the understanding it will be returned after the divorce. Be wary of any significant or sudden transfers—especially if they don’t align with past behavior.
6. Claims of Financial Trouble
If your spouse suddenly reports business losses, reduced income, or financial hardship especially from a previously stable source dig deeper. Business owners may manipulate earnings, inflate expenses, or defer income. In some cases, employers may even delay bonuses or commissions to help a spouse minimize reported income during divorce proceedings.
7. Lavish Spending That Doesn’t Match Income
If you’re living apart and your spouse’s lifestyle seems inconsistent with their reported income luxury items, travel, or unexplained purchases it could be a sign that some assets or income are being concealed.
8. Rushed Agreements or Pressure to Sign
Be cautious if you’re being urged to sign financial documents or a settlement without adequate time to review them. Never agree to anything without fully understanding the implications. Always consult a lawyer or financial advisor if you’re unsure.
9. Reluctance to Discuss Finances
If your spouse dodges financial questions, gives vague answers, or refuses to provide full access to records, it’s time to dig deeper. While there could be innocent explanations, consistent avoidance or secrecy is a strong signal that something may be amiss. In these cases, speaking with a divorce attorney is essential.
Do You Need a Lawyer to Help Uncover Hidden Assets?
While you may be able to begin reviewing financial records and tax documents on your own, uncovering hidden assets during a divorce can quickly become complex. If you notice red flags or have reason to believe your spouse is concealing assets, it’s time to speak with a qualified attorney ideally one experienced in family law and asset investigations.
At Mokolo Law Firm, we understand that identifying hidden property or income often requires more than just intuition. Properly navigating the discovery process demands a thorough understanding of court procedures, evidentiary rules, and strategic legal tools. Our team is skilled in using formal discovery methods to ensure all relevant assets are disclosed.
In more intricate cases, we collaborate with trusted forensic accountants who specialize in tracing assets and uncovering financial irregularities. If you’re considering challenging a finalized divorce settlement based on newly discovered assets, we’ll explain your rights and options under your state’s laws.
Let us at Mokolo Law Firm help protect what you’re entitled to. Contact us today for a confidential consultation.
by Mokolo LawSame-Sex Divorce in Texas
Divorce can be an emotionally and financially stressful process for any couple. However, same-sex couples face specific legal issues that differ from those faced by heterosexual couples. While same-sex couples can now enjoy marriage equality, divorce equality is still catching up. From splitting assets to child custody rights, the details of divorce that are often clear in a heterosexual marriage can be more complex for same-sex couples.
Texas has a history of banning and restricting these unions, which can create additional challenges for same-sex couples seeking divorce. If you’re in a same-sex relationship and considering divorce, it’s important to understand the legal issues involved and to hire an experienced lawyer to guide you through the process. In this blog, we’ll examine the laws and procedures related to same-sex divorce in Texas, and explore ways to navigate the process more easily.
Same-sex marriage wasn’t legal until 2015, when the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges. That decision made same-sex marriage legal across the entire country, including in Texas.
Before 2015, same-sex couples in Texas couldn’t legally marry or divorce. Many had to travel to other states just to end their relationships legally. This made things complicated and confusing, especially for couples trying to understand how to get divorced.
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Legal Rights and Challenges of Same-Sex Divorce in Texas
1. Marriage Status
One of the first legal hurdles for same-sex couples divorcing in Texas is determining the legal status of their relationship. While same-sex marriage is now legal across the U.S., some couples may have been married in a jurisdiction where it wasn’t recognized at the time, or they may have entered into a domestic partnership or civil union. In such cases, they may need to take additional legal steps to confirm that their relationship qualifies as a legal marriage under Texas law. A lawyer can assist with this process and ensure everything is handled appropriately.
2. Property Division
Another legal issue same-sex couples may encounter during divorce is property division. In Texas, property division is governed by community property law, which generally splits marital property based on what was earned or acquired during the marriage. However, many same-sex couples lived together in long-term relationships before they could legally marry. Texas law does not automatically count those years as part of the legal marriage for property division purposes.
If a couple acquired property before their legal marriage—even jointly—the court may treat it as separate property unless there is a legal agreement (such as a partnership or cohabitation agreement) or clear evidence of joint ownership.
3. Child Custody and Support
Child custody can be particularly complex in same-sex divorces. Texas law does not distinguish between same-sex and opposite-sex parents when deciding custody and support; what matters is the best interest of the child. A couple might have adopted a child, used a surrogate or sperm donor, or one partner may have brought a child into the relationship from a previous marriage. If both partners are not legally recognized as the child’s parents—such as when only one party legally adopted the child—custody matters can become complicated.
An attorney can help protect the parental rights of both parties and ensure decisions are made based on the child’s best interest.
4. Spousal Support (Maintenance)
Spousal maintenance in Texas is limited and granted only under specific circumstances:
- The marriage must have lasted at least 10 years, or
- The paying spouse was convicted of family violence within two years of filing, or
- The requesting spouse is disabled or caring for a disabled child, making them unable to earn sufficient income.
Although same-sex couples have equal rights to request maintenance, challenges may arise when there is disagreement about when the “real” relationship began compared to when the marriage was legally recognized.
5. Right to File for Divorce in Texas
Same-sex couples are fully entitled to file for divorce in Texas. However, they must meet the residency requirements. At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for at least 90 days. This can present a hurdle for couples who have recently relocated to Texas and do not yet meet these requirements.
Even if the marriage took place in another state or country, Texas recognizes same-sex marriages legally performed elsewhere, and Texas courts have jurisdiction as long as residency conditions are met.
6. Protective Orders and Enforcement
All divorcing individuals—regardless of gender or sexual orientation—have the right to seek protective orders in cases of domestic violence, harassment, or threats. They also have the right to request enforcement of court orders regarding child support, custody, or property division when the other party fails to comply.
Texas courts can impose fines, wage garnishment, or even jail time for violations of court orders.
7. Discrimination
Same-sex couples may still face discrimination or bias during the divorce process, whether from the legal system or from their ex-partners. Although the legalization of same-sex marriage has advanced LGBTQ+ rights, prejudice and stereotypes can still influence legal proceedings. A knowledgeable attorney can help ensure your rights are protected and that discrimination does not affect the outcome of your case.
Process for Obtaining a Same-Sex Divorce in Texas
The process for obtaining a same-sex divorce in Texas is essentially the same as for opposite-sex couples. One spouse must begin by filing a petition for divorce with the appropriate court, and the other spouse must be formally served with a copy of this petition.
After the petition is filed, the couple must resolve several key issues: division of property, child custody and visitation (if applicable), and spousal support. These issues may be resolved through negotiation, often with the assistance of attorneys or mediators. If an agreement cannot be reached, the case may proceed to trial.
If the case goes to trial, a judge will make decisions on any unresolved matters. Trials can be both time-consuming and costly, so it is generally in the best interest of the couple to resolve as many matters as possible outside of court.
Once all issues are resolved—either through agreement or by court order—the court will issue a final divorce decree, officially ending the marriage.
Tips for Navigating the Same-Sex Divorce Process in Texas
If you’re considering a same-sex divorce in Texas, here are some important tips:
- Prepare for Potential Challenges
Same-sex divorces may involve unique legal or logistical hurdles, especially for couples married in other states or with complex financial arrangements. Be proactive and work closely with your attorney and any necessary experts. - Seek Legal Counsel
Hire a divorce attorney experienced in same-sex divorce cases in Texas. A knowledgeable attorney can provide crucial legal advice, represent your interests, and help ensure that your rights are upheld. - Consider Mediation
Mediation is often a less adversarial and more cost-effective way to resolve disputes involving property, child custody, or support. It can help reduce both emotional stress and legal expenses. - Take Care of Your Well-Being
Divorce can be emotionally draining. Prioritize your mental and emotional health. Lean on friends, family, or professional counseling, and give yourself space to heal and move forward.
Final Thoughts
Same-sex divorce is a complex legal process that benefits from the guidance of an experienced attorney. Issues such as establishing the legal status of the marriage, property division, child custody, and potential discrimination require a deep understanding of both the law and each couple’s individual circumstances. Attempting to navigate these challenges without legal help can lead to serious emotional and financial consequences. An attorney experienced in same-sex divorce can help protect your rights and ensure you are positioned to start the next chapter of your life with confidence.
Contact Us
If you’re in need of Texas-based divorce mediation or a same-sex divorce attorney, Mokolo Law Firm PLLC is a trusted Houston divorce law firm with the experience to achieve the results you and your family deserve.
by Mokolo LawHow Is Child Custody Decided In Texas?
Child custody is one of the most important and challenging processes that parents face during a divorce. Children are often the most valuable shared responsibility for which a divorced couple must make arrangements. There are several types of child custody agreements that a couple may choose from, or that a court may determine to be in the best interest of the child. While joint custody is a common form of split custody, there is often one parent who holds primary physical custody, even though both parents share legal custody. In other situations, the court may find it more appropriate to grant one parent sole custody of the child.
Under Texas law, courts are required to make child custody decisions based on what serves the best interest of the child. Judges encourage parents to first attempt to reach an agreement through mediation. If the parents are unable to resolve matters on their own, a family court judge will intervene.
Factors That Influence Child Custody in Texas
The court considers multiple factors to determine the best environment for a child’s growth and well-being. Some of the key elements that influence the court’s decision include:
- The specific needs of the child
- The parent–child relationship prior to the separation
- Records of domestic violence or other criminal behavior
- The stability of each parent’s home environment
- The quality and continuity of the child’s education
- Each parent’s employment status
The court may also take into account the child’s personal preferences, depending on the circumstances. Using these factors, the judge will determine the most suitable custody arrangement for the child.
Types of Custody in Texas
Texas recognizes three primary types of conservatorship:
Joint Conservatorship
In a joint conservatorship, both parents share custody. This does not necessarily mean the child will spend equal time with both parents. Rather, it means both parents have the right to participate in decisions regarding the child’s moral and religious upbringing, medical care, and other key aspects of their welfare. They also share duties in providing for and protecting the child.
Sole Conservatorship
Sole conservatorship is the Texas equivalent of sole legal custody. In this arrangement, one parent is given the primary right to raise the child and make key decisions regarding their care.
Possessory Conservatorship
A possessory conservator is a parent who has visitation rights. While they can spend time with the child, they do not hold the same decision-making authority as the custodial parent.
Court orders often define parental rights on a case-by-case basis. For instance, even within a joint managing conservatorship, the court may give one parent the exclusive right to determine the child’s primary residence. Ultimately, the court’s objective is to ensure that the custody arrangement serves the child’s best interests.
Rights of a Parent Without Legal Custody in Texas
In accordance with Texas law, a possessory conservator may still retain many rights similar to those of a managing conservator. The specific rights and responsibilities are outlined in the court’s custody order. A lack of decision-making rights does not exempt a parent from responsibilities. For example, even if a possessory conservator has limited authority over the child’s upbringing or medical decisions, they may still be required to pay child support.
Final Thoughts On How Is Child Custody Decided In Texas?
Texas courts typically presume that shared custody is in the child’s best interests. However, this does not mean that all duties must be divided equally. Parents are expected to create a parenting plan that addresses their child’s needs.
Contact a Texas Child Custody Attorney
Working with an experienced Texas lawyer is crucial when dealing with child custody matters. A child custody attorney can assist in negotiating custody arrangements or recommend mediation if discussions break down. At Mokolo Law Firm, we are here to help if you have further questions or need legal support with a child custody case.
by Mokolo LawCross-Border Divorces Between Texas and Nigeria
Going through a divorce can be one of the most complicated and challenging times in one’s life. When it involves two countries like the U.S. and Nigeria, the process becomes even more complex.
Cross-border divorces between Texas and Nigeria require a deep understanding of the laws governing both countries and how they interact. Legal systems, cultural expectations, and international laws all play a major role on how a cross-border divorce unfolds.
This blog provides a guide to exploring the legal complexities, jurisdictional issues, and key considerations for spouses seeking a divorce across these two regions.
Recognition and Validation of Divorce Between Texas and Nigeria
One of the biggest concerns in a cross-border divorce is whether both countries will recognize the divorce decree and where the case should be filed.
1. Divorces Granted in Texas
For a divorce to be filed in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the petition is filed for at least 90 days. For instance, if a couple married in Nigeria but later relocated to Texas, they can file for divorce in a Texas court, provided one of them meets the residency requirement under Texas law.
To have a Nigerian divorce recognized in Texas, one might need to go through a legal validation process, which could involve:
- Filing a petition in a Texas court to acknowledge the foreign divorce.
- Proving that the Nigerian court had proper jurisdiction over the case.
- Showing that both parties had fair representation in the Nigerian proceedings.
Texas courts only recognize a Nigerian divorce that meets due process standards, meaning that both parties must have been properly notified and given the opportunity to present their case.
2. Divorces Granted in Nigeria
Nigerian courts recognize both customary and statutory marriages. For statutory marriages (those registered under the Marriage Act), divorce proceedings are handled by the High Court. Customary and Islamic marriages follow different dissolution processes, depending on local customs and religious laws. If a couple married in Texas but wants to divorce in Nigeria, the case would fall under Nigerian law, specifically the Matrimonial Causes Act.
Once a divorce has been concluded in Texas, it is generally recognized in Nigeria, especially under private international law. However, to ensure full recognition, the divorced party may need to file for reaffirmation of the divorce in a Nigerian court where they initially got married.
Challenges in Cross-Border Divorces Between Texas and Nigeria
1. Child Custody and Support
One of the most sensitive issues in cross-border divorces is child custody and support, as it directly affects the well-being of the child. Enforcing a child custody agreement can be challenging if one parent is in Texas and the child is in Nigeria (or vice versa), especially if the child was taken without permission. This is because The Hague Convention on the Civil Aspects of International Child Abduction does not apply to Nigeria.
If custody disputes arise, the best approach is to secure a legally binding agreement in both countries to prevent future conflicts.
2. Grounds for Divorce
In Texas, one can file for either a fault-based or no-fault divorce. Common grounds include irreconcilable differences, adultery, abandonment, and cruelty.
In Nigeria, under the Matrimonial Causes Act, statutory marriages can be dissolved on grounds such as adultery, desertion, lack of consummation, and irretrievable breakdown of the marriage.
3. Division of Assets
Texas follows community property laws, meaning that both spouses are entitled to an equal share of assets acquired during the marriage.
In Nigeria, asset division depends on whether the marriage was conducted under customary or statutory law. Nigerian courts do not always follow the same principles as Texas courts when dividing marital property. Enforcing a Texas court’s division of assets in Nigeria (or vice versa) may require additional legal steps.
4. Polygamy & Religious Divorces
Nigeria recognizes customary and Islamic marriages, which may include polygamous unions. However, Texas does not recognize polygamy. A divorce under Islamic or customary law in Nigeria may not automatically be valid in Texas unless it meets legal requirements.
A couple married under Islamic or customary law in Nigeria may need both a religious and a civil divorce to avoid complications in Texas.
5. Enforceability of Court Orders
A major challenge in cross-border divorces is ensuring that court orders, such as custody arrangements and financial settlements, are enforced in both countries. While the U.S. has mechanisms for enforcing foreign judgments, Nigerian courts may require additional steps for recognition and enforcement.
Steps for a Smooth Cross-Border Divorce Between Texas and Nigeria
1. Hire Family Law Attorneys Familiar with Both U.S. and Nigerian Laws
- Engage a Texas-based attorney to guide you through U.S. legal processes.
- Hire a Nigerian attorney to ensure the divorce is recognized in Nigeria.
2. Confirm Jurisdiction
- Decide where to file for divorce based on residency and legal recognition factors.
3. Address Custody and Property Issues Early
- Secure agreements in both countries to prevent future disputes.
4. Validate the Divorce Internationally
- Determine how to get a Texas divorce recognized in Nigeria and vice versa.
- If divorcing in Texas, file a petition if required.
5. Consider Mediation
- If both spouses are willing, mediation is a faster and less expensive way to reach agreements.
6. Understand Immigration Implications
- If one spouse’s visa or residency status is tied to the marriage, a divorce may impact their ability to remain in the U.S.
7. Keep Proper Documentation
- Maintain records of marriage certificates, residency proof, and any prior legal agreements to support your case.
Conclusion
Cross-border divorces between Texas and Nigeria require careful legal planning. By understanding both legal systems and working with professionals in both countries, major complications can be avoided. Taking the right steps early can help you move forward with peace of mind.
Need expert legal advice? Consult Mokolo Law Firm. Our family law attorneys in both Texas and Nigeria will ensure your rights are fully protected.
by Mokolo LawStatute of Limitations in Texas Family Law
Divorce can be complicated and emotional, with many legal factors to consider. One important but often overlooked rule is the statute of limitations on divorce settlements. This sets a time limit on how long a person has to enforce their settlement agreement. Understanding this deadline is important for protecting your rights after a divorce. In this guide, we’ll explain why the statute of limitations matters, review common time limits in Texas and share tips on how to handle this legal time frame effectively. Family law disputes are subject to several time limits that can impact how your matter is resolved. The time limits that most separated people might encounter relate to divorce applications and property settlements.
Under Texas law, married spouses can seek a fair division of their marital property, but they must do so within specific time limits. The deadlines are as follows:
- A suit for property division must be filed before the divorce is finalized; Texas follows community property laws, meaning the court divides assets during the divorce process.
- If a spouse believes there was fraud on the community (such as hidden assets), they generally have two years from when the fraud was discovered to file a claim.
- If a spouse passes away, property division disputes may be handled through probate proceedings, but there is no strict six-month deadline for filing a claim.
A court may allow a late claim if there is a valid legal reason to grant relief, the delay occurred in good faith (meaning it was not intentional or due to negligence), and granting the claim would not cause significant harm to the other party.
Other family law claims, such as spousal maintenance, have specific eligibility requirements but must generally be requested before the divorce is finalized. However, enforcement actions for unpaid spousal maintenance may have different time limits.
Similarly, child support can be pursued as long as the child is legally entitled to support. In Texas, child support obligations generally continue until the child turns 18 or graduates from high school, whichever is later. Retroactive child support may also be requested, but there are limits on how far back a claim can go.
What is Statute of Limitations?
A statute of limitations is a law that defines the maximum amount of time in which parties involved in a dispute must initiate legal proceedings following an alleged offence. The duration of a statute of limitations varies depending on the nature of the offence and the location of the jurisdiction.
The law applies to both civil and criminal cases. More serious offenses, such as murder or war crimes, often have no statute of limitations. It’s also applied in civil law to matters like consumer debt, where the debt becomes time-barred debt after the statute of limitations has passed.
Benefits of a Statute of Limitations
A statute of limitations is sometimes controversial due to cases where legal action cannot be brought against an offender because the maximum length of time has elapsed. However, proponents of a statute of limitations argue that, for practical reasons, it is most equitable to limit the initiation of legal proceedings to a reasonable period after the event. As time goes on, important evidence may be lost, and the memories of witnesses can grow foggy. Legal proceedings brought under these circumstances may not be fair to all parties.
Common Statutes of Limitations for Family Law Cases in Texas
In Texas, the statutes of limitations are provided by the Texas Civil Practice and Remedies Code Chapter 16. While most civil statutes of limitations are from one to four years, some may be much longer. These time limits vary depending on the type of case. Below are some common statutes of limitations and time periods:
1. Child Support Enforcement: The statute of limitations for enforcing child support orders in Texas is generally ten years from the date the payment was due.
2. Child Custody Modifications: A parent can request a change to a custody order anytime before the child turns 18, as long as there is a valid reason—such as significant changes in the child’s needs or concerns about the other parent’s ability to provide proper care.
3. Paternity Claims: A paternity suit to establish a father’s legal rights must be filed before the child turns 4, unless fraud or mistake prevented the claim earlier.
4. Termination of Marriage: The statute of limitations for annulment depends on the grounds;
Underage marriage: Must be filed before the underage spouse turns 18.
Fraud, duress, or force: Must be filed within four years of the marriage.
5. Property Division and Debts: In Texas, the statute of limitations for enforcing property division orders is generally ten years from the date of the divorce decree.
6. Spousal Maintenance (Alimony): For spousal maintenance orders, the statute of limitations in Texas is generally ten years from the date of the divorce decree.
7. Enforcement of Decrees: There is no specific statute of limitations for the enforcement of divorce decrees in Texas, but it’s advisable to take legal action promptly.
These time limits ensure legal matters are addressed within a reasonable period while protecting the rights of all parties involved. It’s important to note that these are general guidelines, and the specifics can vary based on the circumstances of each case. Additionally, laws may have changed since my last update. Therefore, for the most accurate and up-to-date information, consult with a family law attorney in Texas or refer to the Texas Family Code.
In Conclusion
Statutes of limitations in family law ensure that legal disputes are resolved within a reasonable timeframe while protecting the rights of all parties involved. These time limits vary depending on the type of case such as child support enforcement, paternity claims, or property division after divorce. Delays in family law cases can have serious consequences. For example, they may affect child custody arrangements or make a judge think one party is being unreasonable. In most cases, delays do not completely take away a person’s right to go to court, but in some situations, waiting too long can mean losing the right to seek certain legal remedies.
Watch: The best advice I can give to single men and women
At Mokolo Law Firm, we are sensitive to the needs and the rights of our clients while helping them cope with the realities of their divorce, child custody or family law case. Our staff of attorneys have the experience and knowledge to help guide you through this challenging time.
Our goal is to empower our clients to take control of the issues that will affect their lives and when necessary to provide an aggressive stand in court. Call us today for a free consultation!
by Mokolo LawHow to Get Visitation Rights in Texas
One of the most contested issues involving children is the issue of possession and access, more commonly known as visitation. Trying to get visitation rights in Texas can feel confusing, especially if you don’t know where to start. Whether you’re a non-custodial parent, grandparent, or another family member wanting to spend time with a child, it’s important to understand the law and your right. Texas courts always focus on what’s best for the child, but getting visitation isn’t always easy.
In this article, we’ll explain the steps to request to securing visitation rights in Texas, what the court looks at when making a decision, and how to handle any challenges. If you’re struggling with a custody issue or just want to know your rights, this article will help you understand what to do next.
Understanding Visitation Rights in Texas
Visitation can be broken down into two categories: Standard Possession and Custom Orders.
A Standard Possession Order (SPO) is the default visitation schedule used by Texas courts when determining how a non-custodial parent (the parent without primary custody) will spend time with their child. It outlines specific visitation times, including weekends, holidays, and summer breaks.
The SPO typically includes; weekend visits, extended summer visitation and holiday schedules. The SPO applies unless the court determines a different arrangement is in the child’s best interest.
A Custom Possession Order (CPO) is a personalized visitation schedule created to fit the unique needs of a child and their parents. Instead of following the standard schedule, parents (or the court) can agree on a different arrangement based on factors like work schedules, distance, or the child’s needs. A CPO may include; a different weekday or weekend visitation times, adjustments for parents who live far apart and additional visitation rights based on mutual agreement.
A Custom Possession Order can only be used when the Standard Possession Order does not work well for a family and must be approved by the court.
None custotian parents are usually given visitaion rights in Texas.This order outlines how and when the non-custodial parent can spend time with the child. And this schedule varies, depending on the child’s age, parent’s location and other factors. Usualy, Texas courts use a “Standard Possession Order (SPO)” to determine a visitation schedule.
Who Can Request Visitation Rights?
Anyone can request a visitation right of the child, so long there is a relationship existing between them.
1. Non-Custodial Parents
A parent who doesn’t have primary custody of the child has the right to visitation. Except in some unusual cases where the court feels it is harmful for the child and may deny or limit visitation. Reasons could be;
*A history of abuse or domestic violence on the child or others.
*Drug or alcohol addiction affecting parenting ability.
*Neglecting or abandoning the child
*Mental health issues that put the child at risk.
*A history of kidnapping or not returning the child or threats of abduction.
*Repeatedly violating court orders in the past.
*Having a negative influence on the child. Like, exposing the child to crime, danger, or unsafe environments.
*If the child strongly opposes visitation.
In some cases, courts may allow supervised visitation, instead of full denial. Standard visitation typically includes weekends, holidays, and extended time in the summer.
2. Grandparents
Grandparents play an important role in a child’s life, but in Texas, they do not have an automatic right to visitation. The court typically presumes that a child’s parents have the right to decide who is involved in their child’s life. However, in certain circumstances, grandparents can request court-ordered visitation if they can prove that it is in the best interest of the child. Since Texas law makes grandparent visitation difficult, consulting a family law attorney can help build a strong case.
A grandparent may seek visitation if;
*One parent is deceased, incarcerated, or declared incompetent by the court.
*One parent’s rights have been terminated.
*The child has lived with the grandparent for at least six months.
*When denying visitation would be harmful to the child’s well-being.
Grandparents must show prove that their relationship with the child is beneficial, denying visitation would negatively impact the child and the parent restricting visitation is not acting in the child’s best interest.
3. Other Family Members
In Texas, visitation requests from extended family members are rarely approved unless there are special circumstances, such as the child’s parents being unfit or absent that justify court intervention. Other family members such as aunts, uncles, adult siblings, or even close family friends may want to request visitation with a child. However, unlike parents and grandparents, the law does not automatically grant them visitation rights. Courts generally prioritize the rights of the child’s parents and assume they are making the best decisions for their child.
Unlike parents and grandparents, most relatives have no clear legal path for visitation unless extreme circumstances exist.
Steps to Request Visitation Rights in Texas
When seeking visitation rights in Texas, there are steps thatmust be followed to the letter and they are;
1. Filing a Petition
A legal request, which is called a petition, must be filed with the family court in the county where the child lives by whoever is requesting. This document asks the court to grant visitation and explains why it would be in the child’s best interest.
2. Other Parent Notification
The child’s other parent (or guardian) must be formally notified of the request. It is their choice to agree or disagree to the request.
3. Attend a Court Hearing
If the other parent disagrees with the request, a judge will hold a hearing. Evidences need to be present showing why visitation is in the child’s best interest. This may include witness statements, records of past involvement with the child, and proof that visitation will not harm the child.
4. Receive the Court’s Decision
The judge will decide whether to grant visitation based on the evidence presented. If approved, the court will issue a visitation order outlining when and how visits will take place.
What to do When Visitation Rights are Denied
If the custodial parent refuses visitation in Texas, document every instance, try to resolve the issue through communication or mediation, and if necessary, file a motion for enforcement. Courts may impose fines, jail time, or other penalties on the non-compliant parent. There are also futher steps that can be taken.
File an Appeal: The petitioner may believe the court made a mistake, so he/she can appeal the decision. But this process can be very long and difficult.
Request Mediation: A neutral third party can be of help to the petitioner and the other parent can reach an agreement outside of court.
Modify an Existing Order: If circumstances change (e.g., the custodial parent moves away or prevents visitation), the petitioner can ask the court to modify the order.
Police Intervention: Police generally do not enforce child visitation orders in Texas as these are civil matters. However, if there is an immediate risk to the child’s safety or a court order is being violated, the police can intervene.
In Conclusion
Getting visitation rights in Texas can be challenging, but it’s possible if you follow the right legal steps and the help of a family lawyer who can guide and assist through the case. The most important thing to keep in mind is that courts prioritize what’s best for the child. If you have a strong relationship with the child and can show that visitation will benefit them, your chances of getting a court-approved schedule are much higher.
Need help with your custom or standard visitation schedule in Texas? Mokolu Law Firm is here to support you every step of the way.
by Mokolo LawAnnulment vs Divorce in Texas
When considering the end of a marriage, individuals often confuse annulment and divorce because both legally dissolve a marital relationship. And they find themselves weighing the options between the two. However, they have distinct legal effects and requirements. Both processes are subject to specific legal grounds and procedures under the Texas Family Code.