Comments for Houston Divorce Lawyer Blog http://houstondivorce.com/blog By Board Certified Family Law Attorney Scott Morgan Wed, 23 Jun 2010 22:45:22 -0700 hourly 1 http://wordpress.org/?v=3.0 Comment on Relocation Cases by Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1465 Scott Wed, 23 Jun 2010 22:45:22 +0000 http://houstondivorce.com/blog/?p=16#comment-1465 Mary, the term in the Decree you will need is the "right to establish the child's residence without geographical restriction." However, this is extremely difficult to get in court, without the other party's agreement. Mary, the term in the Decree you will need is the “right to establish the child’s residence without geographical restriction.” However, this is extremely difficult to get in court, without the other party’s agreement.

]]> Comment on Relocation Cases by Mary Lee http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1464 Mary Lee Fri, 18 Jun 2010 19:27:40 +0000 http://houstondivorce.com/blog/?p=16#comment-1464 I am filing for divorce and may need to relocate next year. Is there anything I should try to put in my final decree to help me next year with the relocation? Of course I am going to try to put no restrictions on the geo. location part of the final decree, but I am sure my ex will not agree, and not sure if the judge will agree with the no geo. restrictions. I am filing for divorce and may need to relocate next year. Is there anything I should try to put in my final decree to help me next year with the relocation? Of course I am going to try to put no restrictions on the geo. location part of the final decree, but I am sure my ex will not agree, and not sure if the judge will agree with the no geo. restrictions.

]]> Comment on Fort Bend Divorce by Scott http://houstondivorce.com/blog/2010/01/fort-bend-divorce/comment-page-1/#comment-1462 Scott Mon, 26 Apr 2010 01:31:15 +0000 http://houstondivorce.com/blog/?p=131#comment-1462 Michael, that is a very common misconception. Actually the 60 day waiting period only means the judge CAN grant your divorce on day 61. Nothing automatically happens at that time. Only if all other requirements have been met (either service or waiver of service signed and filed, Decree of Divorce prepared and signed by both parties unless a default, prove up hearing done correctly, etc.) will the judge actually grant the divorce and sign the Decree. Michael, that is a very common misconception. Actually the 60 day waiting period only means the judge CAN grant your divorce on day 61. Nothing automatically happens at that time. Only if all other requirements have been met (either service or waiver of service signed and filed, Decree of Divorce prepared and signed by both parties unless a default, prove up hearing done correctly, etc.) will the judge actually grant the divorce and sign the Decree.

]]> Comment on Fort Bend Divorce by Michael Wheatley http://houstondivorce.com/blog/2010/01/fort-bend-divorce/comment-page-1/#comment-1461 Michael Wheatley Wed, 21 Apr 2010 23:52:50 +0000 http://houstondivorce.com/blog/?p=131#comment-1461 Scott, I am going to file for a divorce and in Ft. Bend County. Everywhere I have read says divorces are final 61 days after the day from filing. Are you saying it could take MONTHS before a trial date is given?? My wife and I agree on everything and she will sign the papers and we have no childen or property to split up. I thought I could just file myself with the court and the divorce be final 61 days from that time, no? Please help me, thanks so much... Scott,

I am going to file for a divorce and in Ft. Bend County. Everywhere I have read says divorces are final 61 days after the day from filing. Are you saying it could take MONTHS before a trial date is given??

My wife and I agree on everything and she will sign the papers and we have no childen or property to split up. I thought I could just file myself with the court and the divorce be final 61 days from that time, no? Please help me, thanks so much…

]]> Comment on Fort Bend Divorce by Scott http://houstondivorce.com/blog/2010/01/fort-bend-divorce/comment-page-1/#comment-1459 Scott Wed, 07 Apr 2010 22:39:35 +0000 http://houstondivorce.com/blog/?p=131#comment-1459 Hi Lloyd, I actually only take cases in two counties (Harris and Fort Bend), so it is not that tough. Hi Lloyd, I actually only take cases in two counties (Harris and Fort Bend), so it is not that tough.

]]> Comment on Gay Divorce in Texas? by Lisa http://houstondivorce.com/blog/2009/01/gay-divorce-in-texas/comment-page-1/#comment-1451 Lisa Tue, 23 Feb 2010 19:40:00 +0000 http://houstondivorce.com/blog/?p=47#comment-1451 You cannot have all authority and no responsibility nor can you have all responsibility and no authority. I believe that the few states that opened the front door to this issue must also take responsibility and provide for the means of divorce through THEIR OWN STATE CONSTITUTION. THEY should have to alter THEIR OWN residency requirements to incorporate what THEY have started. Period. You cannot have all authority and no responsibility nor can you have all responsibility and no authority. I believe that the few states that opened the front door to this issue must also take responsibility and provide for the means of divorce through THEIR OWN STATE CONSTITUTION. THEY should have to alter THEIR OWN residency requirements to incorporate what THEY have started. Period.

]]> Comment on Fort Bend Divorce by Lloyd Billiter http://houstondivorce.com/blog/2010/01/fort-bend-divorce/comment-page-1/#comment-1446 Lloyd Billiter Mon, 01 Feb 2010 17:52:04 +0000 http://houstondivorce.com/blog/?p=131#comment-1446 Scott, Curiosity, how do you keep track of the different procedures in each county? Scott,
Curiosity, how do you keep track of the different procedures in each county?

]]> Comment on Relocation Cases by Scott http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1444 Scott Tue, 26 Jan 2010 23:18:47 +0000 http://houstondivorce.com/blog/?p=16#comment-1444 Karla, based on the details you provided I think you got pretty accurate advice from the consult you did with your lawyer. Karla, based on the details you provided I think you got pretty accurate advice from the consult you did with your lawyer.

]]> Comment on Relocation Cases by Karla http://houstondivorce.com/blog/2008/06/relocation-cases/comment-page-1/#comment-1443 Karla Thu, 21 Jan 2010 20:21:42 +0000 http://houstondivorce.com/blog/?p=16#comment-1443 Scott, There's a geographical restriction in my decree that states I am to reside in Harris County and counties contigous to Harris County. The only son in question is my 16 year old who will be 17 years old in 3 1/2 weeks. My ex husband and I were divorced in January of 2009 with "joint managing conservators." As far as possession, the decree states that "... possession of the each child at all times agreeable to between ____ and the child." I am now recently married and my husband lives in a different state. My son hasn't seen his father since August of 2009 and my ex hasn't pursued visitation. He also hasn't spoken to my son on the phone person-to-person since August and has only left a message on his phone at Christmas. My son has expressed his desire for wanting to move out of the state and has no desire to want to see his father and/or talk to him. We want to join my husband at his state of residence as quickly as possible. I emailed my ex asking if he would agree to our son moving to the state where my husband lives, as well as removing the geographical restriction. My ex's response was "no." I've consulted with a lawyer, but felt extremely dismayed after the consult since I was told it would probably be at least six months before we could get a court date, temporary orders MAY allow my son to move out of state with me, but the chances are highly unlikely the judge would agree to that since my son would be moved from our current home, to another state and (quite possible) back to Harris County. I was also told that the Judge may listen to the wishes of my son, but not until we the case actually goes to court, as opposed to him hearing my son's wishes during the temporary orders hearing. Our divorce was originally done in the 245 Judicial District in Harris County. Please advise me if all hope is lost. I'm feeling so hopeless right now and really don't know where to turn. Scott,
There’s a geographical restriction in my decree that states I am to reside in Harris County and counties contigous to Harris County. The only son in question is my 16 year old who will be 17 years old in 3 1/2 weeks. My ex husband and I were divorced in January of 2009 with “joint managing conservators.” As far as possession, the decree states that “… possession of the each child at all times agreeable to between ____ and the child.” I am now recently married and my husband lives in a different state. My son hasn’t seen his father since August of 2009 and my ex hasn’t pursued visitation. He also hasn’t spoken to my son on the phone person-to-person since August and has only left a message on his phone at Christmas. My son has expressed his desire for wanting to move out of the state and has no desire to want to see his father and/or talk to him. We want to join my husband at his state of residence as quickly as possible. I emailed my ex asking if he would agree to our son moving to the state where my husband lives, as well as removing the geographical restriction. My ex’s response was “no.” I’ve consulted with a lawyer, but felt extremely dismayed after the consult since I was told it would probably be at least six months before we could get a court date, temporary orders MAY allow my son to move out of state with me, but the chances are highly unlikely the judge would agree to that since my son would be moved from our current home, to another state and (quite possible) back to Harris County. I was also told that the Judge may listen to the wishes of my son, but not until we the case actually goes to court, as opposed to him hearing my son’s wishes during the temporary orders hearing. Our divorce was originally done in the 245 Judicial District in Harris County. Please advise me if all hope is lost. I’m feeling so hopeless right now and really don’t know where to turn.

]]> Comment on Gay Divorce in Texas? by Marriage Records http://houstondivorce.com/blog/2009/01/gay-divorce-in-texas/comment-page-1/#comment-1428 Marriage Records Wed, 25 Nov 2009 10:36:06 +0000 http://houstondivorce.com/blog/?p=47#comment-1428 I think, that first of all, same sex marriages must not been allowed legally, and then there wouldn't be such a problem like gay divorce. I think, that first of all, same sex marriages must not been allowed legally, and then there wouldn’t be such a problem like gay divorce.

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