Law Office of Randy Mora, PLLC Law Office of Randy Mora, PLLC 2026-05-21T11:03:11Z https://www.randymoralaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1303469/2019/12/apple-touch-icon-75x75_3061a3ab31c86ae81dad8d6d9cb956a0-75x75.png On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Mediation may help in custody cases involving misconduct]]> https://www.randymoralaw.com/?p=240941 2026-05-21T11:03:11Z 2026-05-21T11:03:11Z How can custody mediation help? Parents concerned about the safety and stability of their children can ask judges to consider substance abuse, mental health challenges, a history of abuse, evidence of neglect and even physical limitations caused by medical issues when allocating parental rights and responsibilities. However, the parent asking the courts to consider those details generally needs to have objective evidence validating the claims they make in court about the best interests of their children. Additionally, everything they say then becomes part of the public record. They may worry about damaging their co-parent’s reputation, which could affect their earning potential or their future relationship with their children. Custody mediation, and divorce mediation in general, are a confidential processes. Parents have the freedom to discuss deeply personal and private matters in a mediation session without worrying about causing permanent reputation damage for the other parent or a judge dismissing the concerns due to the lack of verifiable evidence. An attorney can help assess whether a family’s circumstances make the parents good candidates for divorce mediation or not.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Child support: How Texas courts address irregular military pay]]> https://www.randymoralaw.com/?p=240940 2026-05-13T00:01:23Z 2026-05-13T00:01:23Z The courts employ a big-picture perspective When determining child support obligations, the Texas family courts must look at the recent verifiable income of both parents, as well as any valuable assets in the name of either parent. They consider the unique expenses related to children's needs and the number of children in the family. The income of both parents is another key factor. Under current Texas statutes, the courts look at all sources of income, including hazard pay and living allowances. They try to establish a baseline average income amount that accounts for fluctuations in income appropriately. The calculations focus on creating an accurate estimate based on recent pay. The funds received for housing and other living expenses are part of the income calculation. The temporary nature of combat zone pay may limit its influence on the final income amount used to calculate support obligations, but the courts may consider it a temporary increase of base earning potential, much like they may account for the sporadic nature of overtime wages for non-exempt employees. Military service members anticipating a request for child support and co-parents of service members may need help reviewing financial evidence and presenting their case effectively in Texas family court. Thorough documentation and adequate representation are both important in contested child support cases. Having legal guidance can help ensure that all terms set are reasonable and appropriate.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[What occurs during a default divorce in Texas?]]> https://www.randymoralaw.com/?p=240939 2026-05-06T15:34:41Z 2026-05-06T15:34:41Z Many divorces in Texas are contentious and require months to resolve. In cases involving complex marital estates or minor children, the timeline for divorce can easily extend beyond a year. Some people may be eligible for much more rapid divorce proceedings. Default divorces are among the fastest uncontested divorces finalized in Texas. Understanding what constitutes a default divorce can help people understand when they may be eligible for this.

A default involves a failure to respond

The standard divorce process begins when one spouse petitions the courts for divorce. They must then serve the legal paperwork to the other spouse. The spouse served with divorce papers has roughly three weeks from the date of service to file a written response with the local family courts. The failure to do so can lead to default proceedings. The spouse who petitioned the courts for the divorce submits proof of service and asks that the divorce proceed according to the terms that they proposed due to the lack of response from the other spouse. Default divorces can be faster than contested or litigated divorces. They also frequently result in the petitioning party setting the terms for the divorce. However, they are also subject to post-decree litigation in some cases. Working with a spouse to establish mutually agreeable terms for an uncontested divorce may not be as fast as a default divorce, but it can be a very effective approach to the end of a marriage. Every unique marital situation requires a custom approach to divorce. People who understand the different rules that govern divorce proceedings can take the necessary steps to expedite the process, even if their spouses refuse to participate.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[When is a spouse eligible for maintenance in a Texas divorce?]]> https://www.randymoralaw.com/?p=240938 2026-04-30T23:50:43Z 2026-04-30T23:50:43Z What are the unique Texas requirements? The first consideration when a spouse petitions the courts for spousal maintenance is whether they actually need the support. Their limited current income and potentially reduced long-term earning potential are key factors for the courts to consider. The courts also assess whether the higher-earning spouse is capable of paying spousal maintenance without experiencing financial hardship. The law also requires that the petitioning spouse meet one of four very strict requirements. They must show that the marriage has lasted at least 10 years, that incapacitating and debilitating medical conditions prevent them from working, that they were victims of domestic violence or that their responsibility to care for a shared child with special needs prevents them from maintaining full-time, gainful employment. Provided that the situation meets the standards outlined in Texas state law, the courts may issue a spousal maintenance order requiring that the higher-earnings spouse provide a specific amount of financial support for a set amount of time.

Agreements can bypass litigation

Divorcing Texas spouses have the option of working cooperatively with one another to reach a mutual agreement regarding social maintenance. In fact, they may have already done so when establishing terms for a prenuptial or postnuptial agreement. They can set their own maintenance terms without litigating in family court. Consulting with an experienced family law attorney is important for those anticipating a request for spousal maintenance or in need of financial assistance during and after a divorce. Attorneys can help spouses evaluate their circumstances to better predict whether a request for financial support is likely to succeed.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Divvying up marital debts during a Texas divorce]]> https://www.randymoralaw.com/?p=240937 2026-04-30T17:00:22Z 2026-04-30T17:00:22Z Dividing debt evenly isn't mandatory To many people, community property laws are synonymous with a 50/50 split of the entirety of the marital estate. In Texas, judges hearing property division disputes should start with a presumption that an even split is appropriate. However, spouses can present evidence showing that an uneven distribution of property is what is truly just. The division of debt is not separate from the division of marital property. Instead, the division of debt can influence the division of property and vice versa. Spouses may need to determine which debts are marital and which ones may be separate. Debts taken on before the marriage may remain the separate obligation of one spouse. Debts that one spouse hid from the other intentionally and debts taken on for purposes that damaged the marriage or with the intent to diminish the marital estate may also be separate from the pool of marital property and debts. Spouses preparing for divorce may need to do a thorough review of financial records to determine how much debt is marital. They may then need to explore solutions that offer optimal long-term protection. Some couples intentionally liquidate marital resources to pay off marital debts so that neither carries a balance after the divorce. Other times, a higher-earning spouse may take responsibility for more debt. Spouses can also use responsibility for debt to balance the retention of property in a divorce. Every marital estate is unique, which means there is no straightforward solution or formula for fairly dividing debt in a Texas divorce. Reviewing financial records and disclosure paperwork with a divorce attorney can help spouses evaluate their options. Spouses can settle their property and debt division matters privately or can ask a judge to review the marital circumstances and determine a fair way to divide responsibility for marital debt.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Options for a jointly-owned business during divorce]]> https://www.randymoralaw.com/?p=240936 2026-04-23T09:25:06Z 2026-04-23T09:25:06Z You and your spouse are considering a divorce, and you know it is going to be complex because you are also joint business owners. You have both worked together for much of the duration of your marriage, and you both own the company. In this position, you will need to determine exactly how you are going to divide equity in that business, since it is a marital asset. There are three general options to start with.

You can sell the business

First and foremost, you and your spouse could simply sell the business outright. The proceeds from that sale are then a marital asset, and you can divide them appropriately. In many ways, this is the easiest option, but it does mean that you lose the business you have built – and your source of income.

One of you can remain at the business

If you do not want to lose the company, but your spouse is willing to walk away from the business, another option is to buy out their ownership share. You may have to give up other marital assets that you have a right to, such as a family home or a retirement account. Or you may be able to take out business loans and purchase their share from them directly.

Both of you can keep working together

Finally, it is always important to remember that you do not necessarily have to change anything with the business just because your marriage is ending. You can still work together as business partners. This works well for some couples, though not for others, so every situation is unique. Business ownership can certainly complicate the divorce process. Be sure you are well aware of all of your legal options at this time.  ]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Before you file: Essential steps to prepare for divorce]]> https://www.randymoralaw.com/?p=240935 2026-04-08T02:10:02Z 2026-04-08T02:10:02Z make informed decisions.

Get your financial picture in order

Finances are often one of the most complex and contested aspects of the divorce process, and you don’t want to be caught flat-footed. Gather financial documents like bank statements, tax returns, retirement and investment accounts, mortgage, loan and credit card information and income documentation. This will go a long way in protecting your financial interests, speed up negotiations and reduce conflict as you navigate the legal process.

Open individual accounts

If you only have joint accounts, open a personal checking and savings account in your name alone. You're entitled to access marital funds for reasonable living expenses, but having your own account ensures you're not left financially stranded when things get tense.

Think about custody and parenting plans

If you have children, their well-being should come first. Consider what custody arrangement would truly serve their best interests. Write down their routines, school schedules and your parenting priorities. Such preparation helps you advocate for a fair, child-focused arrangement.

Protect your emotional well-being

Divorce is emotionally taxing. Make time to seek support from friends, family or a therapist. Keeping a clear head throughout the proceedings allows you to approach decisions with logic -- not just emotion. It can also go a long way in avoiding unnecessary complications due to heightened emotions or impulsive actions.

Plan your next steps

Think about how you’ll manage day-to-day life during the process, review your budget and clarify your long-term goals. Thinking ahead helps you stay organized and make the transition smoother while maintaining stability for you and your family. Lastly, consider seeking early legal guidance. It can give you a clearer picture of what to expect, how Texas law applies to your specific situation and what mistakes to avoid as you go through the process.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[How credit cards can complicate a Texas divorce]]> https://www.randymoralaw.com/?p=240933 2026-03-18T23:08:19Z 2026-03-18T23:08:19Z What debts are divisible? Frequently, spouses disagree about what credit card balances they need to share. Especially if each spouse had their own accounts, the obligation to repay the other one’s balance could trigger resentment. Generally speaking, under Texas’ community property laws, any debt accrued during the marriage is divisible when spouses divorce, even if the account was in the name of one spouse. The allocation of debt responsibility can influence the overall distribution of property. Divorcing spouses may need to consider the risk of their husband’s or wife’s future default or bankruptcy making them responsible for the remaining balance owed as they set goals for the property division process. In some cases, taking responsibility for more debts or using marital property to pay off debts may be a better option than trying to get the other spouse to be assigned responsibility for as much debt as possible. Getting experienced legal guidance in reviewing financial records can help people establish property division goals. Clear goals can make it easier to secure a property division order that lays the foundation for a stable financial future.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Do children need to take sides when their parents divorce?]]> https://www.randymoralaw.com/?p=240932 2026-03-05T21:27:06Z 2026-03-05T21:27:06Z The division of parenting time can be one of the most contentious elements of a Texas divorce. Parents may worry about losing their connection with their children. They may also worry about the stress that the divorce and custody proceedings might cause.  Parental conflict and the pressure to take a side are among the most damaging elements of a parental divorce. Children and teenagers may feel compelled to side with one parent, especially if they must speak about their preferences regarding custody arrangements for the family. Do older children and teens need to assert their preferences in a contested custody case? 

Older children have the right to express their wishes

When a Texas family law judge hears a litigated custody case, their priority should be creating a custody order that is in the best interests of the children. The law in Texas gives children the right to express their preferences when they are 12 years of age or older.  A judge considers their wishes along with other information about the family as they create their final custody order. Parents can protect their children from the pressure to take sides and state a specific custody preference by settling parenting disputes outside of court.  In an uncontested custody case, a judge approves the term set by the parents. The children do not need to state their preferences, which can protect them from the pressure they may feel in a litigated custody scenario.  The desire to protect the children in the family can be a powerful motivator for parents trying to settle their child custody disputes. When parents can reach an agreement outside of court, children do not need to state their preferences, which can help limit the emotional turmoil they experience during the divorce.]]> On Behalf of Law Office of Randy Mora, PLLC <![CDATA[Reasons for a postnup go far beyond planning for divorce]]> https://www.randymoralaw.com/?p=240931 2026-02-18T18:25:38Z 2026-02-18T18:25:38Z Many couples get a prenuptial agreement before they get married, and then rarely think about it again if the marriage is going along fine. However, it’s always wise to take a look at it from time to time just to make sure it still applies to your current reality. A prenup isn’t considered voided simply because circumstances have changed, like the amount of assets you have, the decision for one spouse to leave the workplace or one spouse accumulating considerable assets (or debt) on their own. While you can’t technically update a prenup, you can put a new agreement in place. This is considered a postnuptial agreement. Even if you don’t have a prenup, you can develop a postnup, which can address the same matters as a prenup.

Division of assets and debts

Even if you have a prenup addressing division of assets and debts, those could look considerably different than they did before you married. One or both of you may have inheritances, intellectual property rights or other things of value that you didn’t anticipate. Since Texas is a community property state, many couples use a postnup if they don’t want to divide their marital property 50-50.

Spousal maintenance

A postnup can also address spousal maintenance, which is Texas’ legal term for alimony. If one spouse has been the primary or sole earner in the family, the other spouse can use a postnup to help ensure that they get fair spousal maintenance in a divorce. This can be especially critical if they’ve put their career on hold to raise the children, help their spouse in an unpaid role in their career or have had health challenges. Certain things cannot be addressed in a valid postnup. These include child custody and support matters (because a judge has to approve those based on the best interests of the child). Further, behavioral or lifestyle requirements (like losing weight or not engaging in adultery) often don’t hold up in court. Anything that’s egregiously unfair to one spouse would likely be ruled invalid as well. As with a prenup, it’s important that each spouse has their own legal representative when negotiating and signing a prenup. At the very least, each spouse should get to review the document before they sign it. Without that separate representation, it might not hold up in court if it’s challenged. While a well-crafted postnup can certainly make any future divorce go more smoothly, it’s a good insurance policy even if you never need it.]]>