Federal law does provide specific exceptions to the automatic stay rule in bankruptcy cases, which can be particularly relevant in family law matters. These exceptions allow certain aspects of a divorce case to proceed even if one spouse has filed for bankruptcy. For example, actions related to the establishment or modification of child support, the […]
Author: kurtyan
How Does Bankruptcy Affect a Divorce Suit in Texas?
Filing for bankruptcy can have a significant impact on divorce proceedings in Texas, particularly when it comes to dividing marital assets. When a spouse files for bankruptcy, an automatic stay goes into effect, which halts the continuation of any judicial proceedings, including divorce cases. This stay is especially relevant if the divorce proceedings involve dividing […]
What Happens If One Spouse Dies During the Divorce Proceedings?
The death of a spouse during divorce proceedings can significantly affect the case, often leading to the dismissal of the entire action. In Texas, if one spouse dies before the divorce is finalized, the divorce suit, including any incidental issues like property division and child custody, is typically abated. This means the court no longer […]
What Jurisdictional Issues Must Be Considered in a Texas Divorce?
Jurisdiction is a fundamental aspect of any divorce case in Texas, and it can make or break the validity of a divorce decree. Two main types of jurisdiction are essential to consider: Understanding jurisdictional issues is critical because they directly impact the enforceability of any court orders, including those related to property division, child custody, […]
What Are the Different Components of a Divorce Suit in Texas?
When filing for divorce in Texas, it’s important to understand that a divorce suit can be much more than just the dissolution of a marriage. In fact, a divorce suit in Texas can potentially include up to five different legal actions: It’s crucial to note that the first three actions—the divorce itself, the division of […]