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Family Law Attorney - Rex Dwyer
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Family Law Attorney - Rex Dwyer's posts

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#FamiyLaw - What Are The Laws Regarding Relocating A Child In Your State?

There is no Texas statute directly addressing the issue of relocation in Texas. A court ruling or decision regarding relocation must be based upon the standard “best interest” of the child.

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#FamiyLaw - Can A Parent Move Out Of State After A Divorce?

No. The general rule is that the Final Decree of Divorce usually contains a residency restriction on the primary/custodial parent. With a residency restriction, the custodial parent is usually restricted to living with the child in the county of divorce and all counties contiguous thereto.

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#FamiyLaw - How Is Statutory Spousal Maintenance Awarded In Texas?

If statutory spousal maintenance is being requested based upon the other spouse’s conviction of or receiving deferred adjudication for a criminal offense that also constitutes family violence, there is no statutory requirement for the length of the marriage before maintenance may be awarded.

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#FamiyLaw - How Has Your Experience Been In Handling Family Law Cases?

My name is #RexDwyer. I have been practicing trial work for 33 years and assisting family members with family law matters for the last 18 years. Helping families allows me to assist members within my community and for whom the matter has special importance.

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#FamiyLaw - How Long Does It Take To Draft A Premarital Agreement?

Expect the process of drafting a premarital agreement to take 2 to 3 weeks. However, if you’ve already done your research and know exactly what issues you want addressed in a premarital agreement and you’ve already drafted the assets and debts itemized lists for each prospective spouse, then you can shorten that length of time.

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#FamiyLaw - What Are The Components That Make Up A Valid Premarital Agreement?

Premarital agreement’ means an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage”. The agreement must be in writing and signed by both parties but unlike other contracts, consideration is not required to be enforceable.

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#FamiyLaw - #ChildSupport

Child support is the ongoing financial support made by the non-custodial parent. Federal laws dictate that all states provide guidelines to decide the amount of child support for which the non-custodial parent is responsible.

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#FamiyLaw - #WhatIsAPremaritalAgreement?

The short answer is that prospective spouses who enter into a premarital agreement may agree to a range of issues as broad as their imaginations will allow. All prospective spouses can agree to a division of their respective household responsibilities, the payment of support.

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#FamiyLaw - #ChildCustody

The custody of a child or children is part of the divorce process. If the parents cannot agree upon a custodial resolution then the court will make that decision. The two options are sole custody or joint custody.

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#FamiyLaw - #Divorce

Divorce proceedings are generally started by one of the parties filing an Original Petition of Divorce with the court. Generally, a hearing is set to establish the guidelines to be followed by both parties during the proceedings. Before a divorce can be granted, a 60 day waiting period is mandatory.

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