Werner Law OfficesWerner Law Offices2026-06-29T11:17:25Zhttps://www.wernerlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1301972/2020/03/cropped-favicon-32x32.pngOn Behalf of Werner Law Offices<![CDATA[What happens if you die without a will in Texas?]]>https://www.wernerlawfirm.com/?p=501652026-06-29T11:17:25Z2026-06-29T11:17:25ZHow does Texas distribute your assets?
If you die without a will, Texas law determines who inherits your property based on your family situation. The distribution depends on whether you are married and what type of property you own.
Here is how the state typically divides your estate:
If you are married:
Your spouse may receive all community property if you have no children or if all children are from your marriage with your spouse
Your spouse receives one-third of separate personal property and a life estate in one-third of separate real estate if you are survived by children or descendants, regardless of which relationship they are from.
Your children receive the remaining portions
If you are single:
Your children inherit everything equally
If you have no children, your surviving parents inherit your estate. However, if only one parent is alive and you have siblings, that parent receives half of your estate and your siblings split the remaining half. Your siblings inherit the entire estate only if both parents are deceased.
If your parents are deceased, your siblings become the beneficiaries
These rules apply automatically and leave little room for special circumstances or personal preferences.
Why consider creating a will?
Dying without a will can create complications for your loved ones during an already difficult time. The probate process may take longer and cost more when the court must determine heirship and distribute assets according to state law.
Consider these potential issues:
You cannot choose a guardian for your minor children
You cannot leave specific items to particular people
You cannot exclude someone you would prefer not to inherit from you
You cannot designate an executor you trust to handle your estate
Creating a will gives you control over these important decisions. It allows you to specify exactly how you want your property distributed and who should manage the process.
While intestate succession provides a framework, it treats everyone in similar situations the same way. Your family dynamics and wishes are unique and a will ensures your estate reflects your individual circumstances and desires. It is essential to understand your options so you could create a plan that works for your situation.]]>On Behalf of Werner Law Offices<![CDATA[3 major mistakes to avoid during the divorce process in Texas]]>https://www.wernerlawfirm.com/?p=501642026-06-08T11:19:30Z2026-06-08T11:19:30ZAllowing your emotions to affect your decision-making
Divorce naturally brings intense feelings of anger, hurt and frustration. If you let these emotions guide your decisions, you may regret the results later. You might be tempted to fight over items that hold little actual value simply to spite your former spouse, or you may make impulsive financial decisions that seem satisfying at the time but prove costly later.
Consider taking time to cool down before making major decisions. A therapist or counselor can help you manage your emotions and stay focused on your long-term goals.
Being dishonest about your assets and finances
Texas is a community property state, which means most assets and debts acquired during marriage are divided between spouses. Some people attempt to hide money, undervalue assets or fail to disclose accounts, thinking this will give them an advantage. However, this approach typically backfires.
Unlike states that require a strict 50/50 split, courts in Texas divide community property in a manner it deems just and right, which may not always be equal. Factors such as disparities in earning power and each spouse's education or employability may influence how the court divides property.
Courts take financial dishonesty seriously. If they find hidden assets, it can hurt your case. Full transparency about your financial situation, even when difficult, tends to lead to fairer outcomes and helps maintain your integrity throughout the proceedings.
Using your children as messengers
Children should never become pawns in divorce disputes. Using them to deliver messages to your former spouse, asking them to choose sides or speaking negatively about the other parent in their presence can cause lasting emotional harm. Texas courts prioritize the best interests of children when making custody decisions.
State law typically presumes that appointing both parents as joint managing conservators serves the best interest of the child, though this does not necessarily mean equal parenting time. Courts consider factors including the emotional and physical needs of the child, the parenting abilities of each parent, the stability of each home environment and any history of family violence when determining conservatorship and possession schedules.
With these factors in mind, proving that you can work well with the other parent may help your custody case. Texas courts often look favorably upon parents who encourage and support the relationship between the child and the other parent.
Your vigilance can protect your interests during the divorce
Divorce can present difficult choices, but the steps you take now can shape your future for years to come. By approaching decisions thoughtfully, remaining honest about your finances and prioritizing your children's well-being, you can navigate the process more effectively.]]>On Behalf of Werner Law Offices<![CDATA[6 valid grounds for child support modification orders in Texas]]>https://www.wernerlawfirm.com/?p=501632026-05-11T14:56:47Z2026-05-11T14:56:47ZChild support orders do not have to be permanent. If your circumstances have changed since the last order was issued, you may have valid grounds to request a modification in Texas. Hence, knowing your rights gives you the confidence to take the right action for your child's well-being.
How Texas courts define a valid change
Texas courts follow a clear standard when evaluating modification requests. They will generally consider a modification valid if circumstances have changed materially and substantially since the last order. Additionally, if three years have passed and the current monthly support amount deviates by at least 20% or $100 from what current guidelines would calculate, you may also qualify. Therefore, understanding this standard sets the foundation for the six grounds outlined below.
Six common grounds for a support modification
Now that you know what Texas courts look for, it helps to see how that standard applies to real-life situations. Several common circumstances qualify as material and substantial changes. Here are six valid grounds that Texas courts commonly recognize:
Significant income changes: Either parent receives a raise, a bonus, a new higher-paying job or experiences a job loss or pay cut.
Increased needs of the child: Your child develops a medical condition, requires specialized therapies or faces growing educational expenses.
New family responsibilities: When either parent has another child with a different partner, which can affect their financial obligations.
Cost of living adjustments: Health insurance premiums, daycare costs or medical expenses have increased significantly.
Relocation: A parent moves and takes on new travel or housing expenses.
Incarceration: A parent serves time in jail, which directly affects their capacity to meet support obligations.
Each of these situations reflects real life, and Texas courts recognize them as legitimate grounds for review. If any of these apply to you, the next step is understanding how proper guidance can help you move forward effectively.
Keep your order current and fair
Life changes and your child's support order should reflect that. If your circumstances have shifted, you have viable options. With the right guidance, you can better understand your grounds, evaluate your choices and take purposeful steps that keep your child's best interests at the center of every decision.]]>On Behalf of Werner Law Offices<![CDATA[What rights do you lose under guardianship in Texas?]]>https://www.wernerlawfirm.com/?p=501622026-04-15T16:03:01Z2026-04-15T16:03:01ZWhat a court looks at before limiting your rights
Before placing you under guardianship, a court must decide whether you can manage certain decisions on your own. The court also decides how much authority, if any, to give a guardian. In making that decision, the court will consider the following:
Whether you meet the legal definition of incapacity
What medical evidence shows about your condition
Whether you can manage daily or financial decisions
Whether a less restrictive option could meet your needs
Whether there is a risk to your health or property
These factors guide the court in shaping the order. The court will list which rights you keep and which rights transfer to the guardian.
What decisions a guardian may take over
Guardianship can cover different parts of your life; one person may handle personal decisions, while another may handle financial matters.
A guardian of the person may decide where you live, what medical care you receive and how to meet your daily needs. This includes housing decisions and consent to treatment. A guardian of the estate may manage your finances, including income, bills and property or accounts.
The court order defines the guardian’s authority and the guardian must stay within those limits.
Rights that may be limited in some situations
Courts review certain rights more closely and may limit them only after making specific findings about your ability in those areas. These rights can include your right to marry, your right to vote, your ability to drive or your ability to create or change a will. A court does not remove these rights in every case and will evaluate your situation before deciding whether any limits are necessary.
What rights you may still keep
Even if a court appoints a guardian, you may still keep certain rights because Texas courts aim to preserve your independence where possible. You may continue to make some personal choices, maintain relationships and take part in daily activities, and in some cases, you may also retain limited control over your spending.
Guardianship is meant to support your safety while allowing you to remain involved in your own life, not to remove control without a clear reason.
How guardianship will affect your control and planning
Guardianship can protect you if managing certain decisions has become difficult, but it also shifts legal authority over parts of your life to another person. Before you move forward, you should consider whether a less restrictive option could meet your needs, since tools like a power of attorney may allow you to keep more control.
If a court determines that guardianship is necessary, the terms of the order will define what changes, so reviewing those details in advance can help you plan ahead and make choices that reflect your preferences.
]]>On Behalf of Werner Law Offices<![CDATA[Parallel parenting: 5 steps to plan an effective strategy]]>https://www.wernerlawfirm.com/?p=501612026-03-03T09:22:26Z2026-03-03T09:22:26ZDivorce is often a pressure cooker for years of pent-up emotions; when children are involved, the risk of those feelings boiling over can create a volatile environment that no child should have to experience.
For families facing ongoing conflict, parallel parenting offers a practical way to protect children while reducing daily tension. Unlike traditional co-parenting, this approach relies on a clear plan instead of constant interaction. Done correctly, it creates stability and significantly limits conflict Here are five strategies to make parallel parenting work in Texas:
1. Use a clear, Texas-specific parenting plan
In Texas, the term “custody” is replaced by conservatorship. Most parents are named Joint Managing Conservators (JMC), which gives both parents rights and duties. A parallel parenting plan can limit these rights in daily life, avoiding overlap that can cause conflict. Include schedules for school, activities and holidays, and spell out who handles routine tasks. A well-defined plan maintains steady routines for children, creating predictability that benefits both parents and their child.
2. Set communication boundaries
Parents in frequent dispute benefit from limited direct contact. Use approved channels like email or parenting apps and share only essential updates. Written communication prevents arguments over small issues and keeps the focus on the child’s health, schooling or urgent needs.
3. Assign decision-making responsibilities
Decision-making is where many parallel parenting plans fail. In Texas, parents can give exclusive or independent rights in key areas. For instance, one parent may have the exclusive right to make school decisions. This “tie-breaker” avoids constant disputes over tutors, field trips or school projects. It lets each parent act independently while keeping big choices collaborative.
4. Plan transitions carefully
High-conflict moments often happen during hand-offs. Use neutral locations such as the child’s school. Stagger pick-up and drop-off times so parents rarely meet. An organized routine promotes a sense of safety for children and prevents unnecessary tension.
5. Address social media and the right of first refusal
Friction can also stem from disagreements online or over childcare. Include clauses that stop parents from posting negative comments about each other. You may also remove the right of first refusal, which normally requires offering childcare to the other parent first. Skipping this rule reduces unnecessary contact.By following these steps, parents create clear boundaries and give children a healthy environment.
Turn your parenting plan into a legal safeguard
Parallel parenting is not just a strategy; it can be ordered by the court, giving it legal weight. A Texas family law attorney can help you create a plan that meets legal requirements and protects your children’s well-being.]]>On Behalf of Werner Law Offices<![CDATA[How long does a divorce take in Texas?]]>https://www.wernerlawfirm.com/?p=501602026-01-28T16:21:31Z2026-01-28T16:21:31ZTexas residency requirement
To file for a divorce in Texas, either you, your spouse or both of you must have lived in the state for at least six months. You would also need to have stayed in the county where you filed your divorce case for at least three months (90 days).
60-day mandatory waiting period
Under Texas law, all divorcing couples must enter a 60-day waiting period before a judge can grant their divorce. This “cooling-off” timeline allows couples to reflect on their personal thoughts and consider their decisions.
This 60-day waiting period starts as soon as you or your spouse files a petition for divorce. After this step, the “petitioner” must serve their spouse with a copy of the petition.
Once the “respondent” receives the divorce notice, they must submit an answer within the court’s given due date. If they do not respond on time, the court can proceed with the divorce case without their input. This action is called a “default judgment”.
Factors that may help speed up the divorce process
While each couple’s situation and divorce case are unique, there are some common variables that can help fast-track the legal process. Three of these factors include:
You and your spouse do not have children
You and your spouse do not have high-value property and have no hidden assets
Once both you and your spouse agree on all aspects of your divorce and the court’s rulings have been outlined, the judge will sign your final divorce decree.
All good things take time
With the right guidance and a solid support system by your side, you can navigate the complexities of your divorce and slowly transition into your life’s new chapter.]]>On Behalf of Werner Law Offices<![CDATA[Can bankruptcy affect child or spousal support orders?]]>https://www.wernerlawfirm.com/?p=501582026-01-05T11:17:05Z2026-01-05T11:00:19ZYou face tough financial times and wonder if bankruptcy changes your child support or spousal maintenance orders in Texas. Federal law generally protects these family obligations from discharge, yet details matter in your situation. Consider how these rules might apply as you explore your legal options.
Child support stays non-dischargeable
Child support obligations are strictly non-dischargeable in both Chapter 7 and Chapter 13 bankruptcy. They always survive the discharge. You keep responsibility for both ongoing payments and past due amounts after discharge.This protection stems from federal bankruptcy code sections that prioritize family support. In Texas, the Attorney General can pursue collection even during the automatic stay. Such steps help ensure continuity for the child involved.
Spousal maintenance faces limits
Spousal maintenance or alimony, follows similar patterns but with some nuances. Payments truly meant for your former spouse's basic support generally do not discharge in bankruptcy. Texas courts classify many as domestic support obligations, keeping them enforceable.Exceptions may arise if a divorce decree labels something as maintenance yet it functions more like a property split. You might challenge classification, though success depends on specific facts. Always review your order carefully.Key distinctions include:
Child support always prioritizes the child's welfare
Spousal payments protect the recipient's necessities
Property settlements could discharge more readily
These differences guide how bankruptcy interacts with your orders.
Enforcing payments amid bankruptcy
The automatic stay pauses many collections, but support claims often bypass it. You or the recipient can file proof of claim to seek arrears from bankruptcy estate funds. In Chapter 13 plans, courts require full payment of these priority debts over time.Texas enforcement tools persist, such as wage withholding or state agency actions. Recipients might request stay relief to continue pursuits. Strategies like these maintain payment flow during proceedings.
Steps to consider next
Gather your divorce decree and support orders for review. You may contact the Texas Attorney General's office if arrears build up. You can also consult a Texas family law or bankruptcy professional to assess your unique circumstances.
Protect your family's future
Bankruptcy offers debt relief paths, yet support orders demand careful planning in Texas. You gain clarity by understanding these protections and enforcement options. Reach out to a qualified divorce attorney soon to tailor steps to your needs.]]>On Behalf of Werner Law Offices<![CDATA[Does getting a divorce affect my will?]]>https://www.wernerlawfirm.com/?p=501572025-12-11T13:19:06Z2025-12-11T13:19:06ZLegal status of wills after a divorce
Per the Texas Estates Code, any gifts or appointments you made to your former spouse are treated as if your former spouse died before you. This means they cannot inherit property through your will or serve in any fiduciary role you assigned to them.
State law also revokes provisions that benefit your former spouse's relatives who are not also related to you. If you named your former sibling in-laws as an alternative executor or left property to your former in-laws, those terms become void as well.
This protection takes effect the moment the judge signs your divorce decree. You do not need to take any additional action for these specific agreements to stop applying. However, the rest of your will remains valid.
If you wish for your former spouse to continue receiving benefits or serving in a fiduciary capacity, you must explicitly state this in a new will created after the divorce. The automatic revocation cannot be overridden by the terms in your pre-divorce documents.
Assets that bypass can your will
Separately, some assets transfer by beneficiary designation or contract, not by your will. These include:
Employer-sponsored retirement accounts such as 401(k) and 403(b) plans
Individual retirement accounts and Roth IRAs
Life insurance policies with named beneficiaries
Annuities and pension benefits
Bank accounts with payable-on-death designations
Many of these assets do not follow the original beneficiary designations that name a spouse once the divorce becomes final. You will need to file new beneficiary forms so your assets transfer to your intended recipients. If you do not update these forms, your assets may go to the alternate beneficiary listed on the original documents or they may shift into your estate.
Importance of creating a new will after divorce
Drafting a new will gives you the opportunity to name specific individuals or organizations to receive your assets. You can designate primary and contingent beneficiaries for each portion of your estate.
You can also select a new executor who reflects your current relationships and circumstances. They can address all administrative tasks for your estate, including locating assets, paying debts and distributing property.
If you have minor children, a new will can help you designate guardianship. While your divorce decree addresses conservatorship, state law allows you to name who should care for your children if both parents are unable to. The court will consider your nomination as long as the nominee qualifies and the arrangement serves the child's’ best interests.
Working together with an attorney familiar with estate planning can make the process simpler to navigate. Part of their work includes reviewing all your assets and identifying which documents need updating beyond your will. They can also explain how federal and state laws interact to affect your beneficiary designations and help you coordinate your entire estate plan.]]>On Behalf of Werner Law Offices<![CDATA[4 reasons an uncontested divorce can be a better way to separate]]>https://www.wernerlawfirm.com/?p=501562025-11-14T06:16:46Z2025-11-14T06:16:46ZEnding a marriage is never easy, even when both spouses know their marriage has reached a natural end. For many couples, an uncontested divorce offers a calmer and more predictable process at a time when emotions can already run high. Understanding why this option often feels “better” for families can help you choose a path that supports stability rather than conflict. Here are four reasons an uncontested divorce is an ideal way to move forward.
1. It keeps families in control of the outcome
In a contested case, a judge decides the future of your property, your schedule and, in many cases, your children. An uncontested divorce allows spouses to keep those decisions in their own hands. When both sides collaborate, they can shape agreements that reflect the realities of their daily lives instead of relying on a court to do it for them. This sense of control can reduce stress and help both spouses feel respected throughout the process.
2. It often reduces emotional strain
Courtroom disputes can intensify tension at a time when many families want the opposite. An uncontested divorce usually involves fewer confrontations, which helps preserve communication rather than break it down. That can make a meaningful difference for parents who will continue raising children together or spouses who still share responsibilities in their community or workplace. A calmer process helps everyone move forward with less resentment.
3. It usually saves time and money
While every case is different, uncontested divorces are often more efficient because there are fewer obstacles to resolve. Fewer hearings and less back-and-forth also mean fewer expenses. Those savings can ease financial pressure during a time when families are reorganizing their budgets and adjusting to new routines.
4. It creates a stronger foundation for life after divorce
When spouses work together to reach fair agreements, they lay the groundwork for stability down the road. Clear expectations reduce misunderstandings, and well-structured parenting plans support children as they adapt to two households. This cooperative approach can build trust, which may make future communication easier if circumstances change.Together, these advantages show why an uncontested divorce often feels like a more balanced and less disruptive path for families.
A smoother path ahead
Choosing an uncontested divorce does not minimize the difficulty of the moment. It simply offers a more peaceful and practical way to move forward. For guidance tailored to your circumstances, consider speaking with a Texas family law attorney who can help protect your rights and support your next steps.
]]>On Behalf of Werner Law Offices<![CDATA[3 Common misconceptions about guardianship for minors]]>https://www.wernerlawfirm.com/?p=501552025-09-29T17:04:44Z2025-09-29T17:04:44ZIf you are thinking about guardianship for a child in Texas, you may feel unsure about what it really means. Guardianship can help keep a child safe when parents cannot provide care, but people sometimes misunderstand the process. Here are three misconceptions you should know about to help you make informed decisions for your child’s best interests:
Misconception #1: Guardianship never changes
Some people believe guardianship lasts forever. In truth, courts can review and change guardianship if the child’s situation improves or new concerns arise. The court always seeks to do what is best for the child and not to create a fixed arrangement that cannot change.
Misconception #2: Guardians have the same rights as parents
Guardians do not have the same legal rights as parents. A guardian can make many daily decisions for a child, such as where they go to school or how they receive care. Texas law handles other rights, such as inheritance or adoption, differently.
Misconception #3: Only relatives can be guardians
Courts often consider relatives first, but they do not limit guardianship to family members. If another trusted adult can provide a stable, safe home, the court may allow them to serve as guardian. The most important factor is who can meet the child’s needs.When you understand what guardianship can and cannot do, you gain the knowledge to decide if it is right for your family.
A safety net for your family
Guardianship does not replace your role as parents. Guardianship provides your children with stability during difficult times. If you are considering guardianship, speaking with an experienced Texas guardianship attorney can help you understand your options and take the best step for your family.
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