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Can my spouse pursue a divorce if I'm deployed overseas? If you are in the military and are deployed overseas, you have a right to ask the court to stop proceedings until you return. If you do not make such a request, however, the proceedings may continue even while you are overseas. Back to the top. How does an unmarried man protect his rights as a father? It is presumed that a man who has sexual intercourse with a woman should know that the act can result in a pregnancy. Therefore, in order to protect his rights, a man who is not the presumed biological father, who has not been found by a court order to be the biological father, or who has not signed an acknowledgment of paternity, should register a claim of parentage with the Bureau of Vital Statistics. These forms are found in hospitals, birthing centers, the Harris County Clerk's office and other locations. The registration should occur prior to the child's birth, and may not be filed more than 31 days after the birth of the child. If the registration is not filed, the man must sign an acknowledgment or file a suit to determine parentage. Back to the top. Do the rates charged by attorneys differ? Rates will vary depending upon an attorney's knowledge, experience, qualifications and the circumstances of the case. Back to the top. What is a temporary restraining order? A temporary restraining order is a court order that sets forth the acts which either one or both parties are prohibited from doing immediately after the petition is filed. Sometimes this order is called a "TRO." A TRO usually prohibits bad acts such as committing family violence, harassment, hiding money from the other spouse, attempting to hide a child of the parties, etc. If the court approves the request for a TRO, it is effective only for a limited amount of time before you must go before the judge at a court hearing and ask that the TRO be put into effect until the divorce is granted. If a person violates a TRO, or any other court order, he or she can be held in contempt of court and punished by a fine and/or a jail sentence. Back to the top. What is alimony? Alimony is a periodic payment of money from one spouse for the support of the other spouse. In Texas, if such support is ordered while a divorce is still pending, it is referred to as "temporary spousal support". If it is agreed upon by the parties as part of the terms of a final court order, it is referred to as "contractual alimony". If it is court-ordered in a divorce decree, it is referred to as "maintenance." Back to the top. What can I do if my spouse doesn't pay the alimony? Depending on the type of alimony, if your spouse doesn't pay the alimony, you may do one or more of the following: (1) ask for a wage-withholding order; (2) sue to enforce the contract if the alimony is contractual; (3) sue for enforcement by contempt of the court's order; or (4) seek a money judgment if the alimony is maintenance ordered by the court. Back to the top. What is an ad litem? An ad litem is a special person appointed by the judge to protect or represent the interests of a person involved in a lawsuit, usually a child or children. The services of an ad litem end when the lawsuit is over. Back to the top. Can I represent myself? You can represent yourself. Such a person is referred to as a "pro se" litigant. A "pro se" litigant must follow the same rules as an attorney, including rules for procedure and evidence. Back to the top. What is mediation? Mediation is a process through which parties to a dispute meet with a neutral person, called a "mediator," to resolve areas of conflict. The parties, their attorneys, if applicable, and the mediator discuss the goals of each party and the reality of each party's position. Mediation is generally required in family law matters. Back to the top. |
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