In Texas, if you are ready to get divorced, you have the option to file on either fault-based or no-fault grounds. Cheating is considered a form of “marital fault” in Texas, and Section 6.003 of the Texas Family Code provides that, “[t]he court may grant a divorce in favor of one spouse if the other spouse has committed adultery.”

For many people, a revocable living trust can be an effective tool for addressing a variety of estate planning needs. So, is a revocable living trust right for you?

In the approximately three-and-a-half years since the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, many same-sex couples have used the Supreme Court’s proclamation of equal rights to bring their marriages to an end in Texas. While gay and lesbian couples continue to face some unique challenges, when it comes to getting divorced, the core legal principles apply equally to spouses seeking to end same-sex and opposite-sex marriages. If you are thinking about filing for a same-sex divorce in Texas in 2019, here is a list of the key legal issues you will need to consider:

Although same-sex couples now have full marriage equality in the United States under the Supreme Court’s decision in Obergefell v. Hodges, from a practical perspective, gay and lesbian couples can still face some undesirable challenges when it comes to having their relationships acknowledged and respected in Texas and other parts of the country. This makes it particularly important for same-sex spouses to thoughtfully prepare comprehensive estate plans. A comprehensive estate plan will address much more than the distribution of a person’s property after death, and will provide clear and unambiguous direction for limiting court involvement to the greatest extent possible.

In Texas, as in most states, the law presumes that it is in a child’s best interests to be raised by both parents, at least in a limited capacity. However, in appropriate cases, the Texas courts will take away parents’ custody rights. As in all child custody matters, the key focus is on protecting the “best interests” of the child involved.

Whether you already have an estate plan or you have been putting off putting a plan in place, the start of a new year is always a good time to reexamine your goals and needs. While there have not been any significant legal developments that are likely to have a drastic impact on currently-existing estate plans, changes in family, financial and health circumstances could warrant re-examination of your estate plan for 2019.

As 2018 comes to a close, we thought we would take the time to revisit some of our articles from earlier in the year. The following are 10 articles we published on our blog discussing topics related to filing for divorce in Texas.

Each year, we publish numerous articles on the topic of estate planning. Here are 10 of our top articles from 2018.

When going through a divorce, one of your primary goals should be to ensure that you will have adequate financial resources to support yourself and your children once your marriage is over. For many divorcing spouses (both parents and non-parents), a key financial consideration during the divorce process is health insurance. While health insurance is something that some divorcing spouses are lucky enough to take for granted, for others, ensuring access to coverage can be a critical component of a successful outcome.

As a parent with minor children, planning your estate involves certain special considerations. While it is difficult to think about not being around to watch your children grow, this is unfortunately a possibility; and, as a parent, you owe it to yourself, your children and your other loved ones to have a plan in place.