Family Law Flashcards
In Harris County there are—————family courts,—————–protective order courts and…………………IVD (Child Support Courts)
9
1
4
—————–cases are filed each year in Harris County Family Law courts
36,000
———————-is a confidential settlement process.
Mediation
——————is required by all courts prior to final trial unless agreement on all issues and by some courts before any temporary orders hearings.
Mediation
Kind of marriages in Texas
Informal
Ceremonial
Who cant you marry?
Ancestor or descendant Sibling Aunt, uncle, niece, nephew Cousin Stepkids or stepparents Same sex
What age do you have to be to get married?
18 or have parental consent
What is annulment?
Is voiding the marriag
Grouds for annulment
underage or UTI
impotent
mentally incompetent
forced to marry by fraud
What are the residency Requirements for divorce in TX
Must live:
In Texas, 6 months
In county, 90 days
Mention the legal beginning for divorce
File a petition Pay filing fees Service of process Waiver of service Petitioner and Respondent
name two types of emergency filings
Temporary Restraining Orders
Protective Orders
What are temporary Restraining Orders
Ex parte (without a haering) Affidavit required Duration is 14 days unless extended
What are protective orders?
Family violence
280th District Court
If you are—————————you can not get divorced or if the baby was born within—————-days of divorce
pregnant
301
Divorce is final when a—————— is issued after all property and child-related issues are resolved.
Decree of Divorce
Community property is ——————Split in TX
not 50/50
How many states do have Community Property division for divorce?
9, Tx is one of them
How is community property done in Tx
Just and Right
Is there Alimony in Tx
yes
————————————-is an agreement between the 2 people involved.
Contactual alimony
—————————–is the support ordered during the pendency of divorce.
Temporary Spousal Support
The amount for a temporary spousal support is what the court finds to be—————-
necessary and equitable
Maintenance is granted in two circumstances:
- Spouse convicted of crime of domestic violence w/i 2 years of filing; or
- Married 10 yrs & either unable to self-support or child who requires substantial & continuous care.
What is the cap for maintenance in TX?
$5000 or 20% of your salary
How is it called to keep the kids in TX?
And in the other states it is called?
Conservatorship
Custody
How is it called to visit your kids in Tx?
And in the other states?
Possession
Access
At what age can a child decide with what parent to live?
at the age of 18 years old
What is Manamus?
to sue a judge action
What are the Child Support guidelines?
20% of net for 1 child; 25% for 2 children; 30% for 3 children; 35% for 4 children; 40% for 5 children;
Who can be considered a pressume father?
- If married to the mother at the time of the child’s birth or within 301 days of the child’s birth; or
- If he files an assertion of paternity with Bureau of Vital Statistics; or
- If he is voluntarily named as the child’s father on the birth certificate
who files a pressumed father document?
the father
who files an acknowledged father document?
the mom and dad
What does AoP mean?
Acknowledgment of Paternity
What does SAPCR
Suit afecting the parent child relationship
What can be done to enforce the law against a person who violates court orders?
- Lawsuit against a person who violates Court Order.
- Child support (IVD Courts or CCJ), possession and access, property, support
- Remedies: Judgment, punishment by jail and/or $, compliance hearing.
………………. Is to sue a judge action
Manamus
