Prater, Ridley & Llamas – Attorneys at Law Temple Family Law Attorneys | Prater, Ridley & Llamas - Attorneys at Law 2026-06-19T07:22:06Z https://www.prater-ridleylaw.com/feed/atom/ WordPress On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[Can a Texas divorce proceed while your spouse is deployed?]]> https://www.prater-ridleylaw.com/?p=47994 2026-06-16T07:22:49Z 2026-06-19T07:22:06Z Divorce is never simple but deployment adds legal layers that can stall or reshape the entire process. Federal protections and Texas family law both apply when a spouse is on active duty.

How the SCRA protects a deployed spouse

The Servicemembers Civil Relief Act (SCRA) is a federal law that shields active-duty military members from default judgments in civil proceedings. Under the SCRA, a deployed spouse may request a stay, a court-ordered pause for the duration of active duty plus up to 90 days after return. A stay is not automatic. The service member must submit a written request and a letter from their commanding officer. Courts must grant at least one 90-day postponement. The service member may also waive SCRA protections to let an uncontested divorce move forward on a faster timeline.

Filing requirements and serving divorce papers

Texas has specific rules for both residency and service of process. You must meet these requirements before a court can hear your case:
  • Texas residency: At least one spouse must have lived in Texas for six months before filing.
  • County residency: The filing spouse must have lived in the county for at least 90 days.
  • Military domicile: A service member stationed in Texas may claim Texas residency even if their legal home state is elsewhere.
  • Personal service: Texas requires divorce papers to be personally served. Email and certified mail do not satisfy this requirement.
Meeting these rules can take longer when a spouse is deployed overseas, especially in a combat zone.

Dividing military retirement pay

The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how Texas courts may divide military retirement pay in a divorce. Texas community property rules treat retirement pay earned during the marriage as jointly owned, so courts typically divide it between spouses. The 10/10 rule affects payment method only. A former spouse may still receive a share of retirement even if the marriage overlapped with fewer than 10 years of service. In that case, the service member pays the former spouse directly rather than through the Defense Finance and Accounting Service. If children are involved, Texas Family Code § 153.702 allows courts to issue temporary custody orders during deployment to protect parenting arrangements.

What to consider before moving forward

Military divorce involves both state and federal law. An attorney can help you understand how the SCRA, the USFSPA and Texas community property rules apply to your situation. Speaking with a military divorce attorney may clarify your options and help the process move forward.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[How Texas courts divide businesses during divorce]]> https://www.prater-ridleylaw.com/?p=47991 2026-03-23T09:08:16Z 2026-03-26T09:07:43Z Dividing property during divorce becomes more complex when a business is involved. Texas courts must determine ownership, value and how the company fits into the marital estate before deciding how to divide it.

Community vs. separate property

Texas follows community property rules. Most property acquired during marriage belongs to both spouses. This rule often applies to businesses as well. Under Texas Family Code § 3.002 , property obtained during marriage is usually presumed to be community property. A business started or purchased during the marriage may fall into this category. Separate property may include a business owned before marriage or received as a gift or inheritance. The spouse claiming separate ownership must prove it with clear and convincing evidence. Even if a business started before the marriage, its growth during the marriage can still create a claim. For example, the court may look at whether shared money or work during the marriage helped the business increase in value.

The process courts use to evaluate businesses

Texas courts usually follow a clear process when a business is part of a divorce. Each step helps the judge understand how the business should be treated in the case. Courts often move through the following stages:
  • Identification: The court determines what the business is and who owns it.
  • Classification: The judge decides whether the business is community or separate property.
  • Valuation: A financial professional may estimate the business’s fair market value.
  • Division: The court decides how the business fits into the property division.
This process helps the court understand the business before deciding how to divide it.

How courts may divide a business

After determining value, the court must decide how to distribute the asset fairly. Texas judges aim for a “just and right” division rather than an automatic 50/50 split. Common outcomes include:
  • Buyout: One spouse keeps the business and pays the other spouse for their share.
  • Sale of the business: The company is sold and the proceeds are divided.
  • Asset exchange: One spouse keeps the business while the other receives property such as a home or retirement funds.
  • Co-ownership: In rare cases, former spouses continue running the business together.
These options help preserve the company while balancing the marital estate.

Why speaking with an attorney may help

Business ownership can complicate property division in a Texas divorce. Courts must evaluate ownership history, financial records and the company’s role in the marital estate. If your divorce involves significant business interests, reviewing your options with an attorney may help you understand how these issues apply to your situation.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[Does the higher-earning parent always lose custody in Texas?]]> https://www.prater-ridleylaw.com/?p=47968 2026-02-02T07:25:25Z 2026-02-05T10:21:16Z Many Texas parents worry that earning more money could hurt their chances of keeping custody. That concern often comes up during divorce or separation when one parent has been the primary wage earner. In Texas, income alone does not decide custody. Courts focus on your child’s best interest and not which parent earns more.

How Texas courts decide custody

Texas law requires judges to base custody decisions on what best supports the child’s well-being. Financial status is only one factor in a broader legal analysis. Courts commonly evaluate several considerations when determining conservatorship and parenting time:
  • Best interest of the child: This legal standard guides every custody decision in Texas.
  • Parent-child relationships: Judges examine emotional bonds and daily involvement.
  • Stability of the home: A safe and consistent living environment matters.
  • Parental involvement: Courts consider who handled school, medical care and routines.
  • Equal parental rights: Mothers and fathers begin with the same legal standing.
These considerations come from Texas statutes and case law. Courts often rely on factors which focus on a child’s needs, each parent’s abilities and the stability each parent can offer.

Why earning more does not cost you custody under Texas law

Texas Family Code §153.002 states that custody decisions must reflect the child’s best interest. The statute does not give preference to a parent based on income. Judges are required to look at parenting ability. A higher income may show an ability to provide financially. It does not establish stronger emotional support, better judgment or greater involvement. Courts avoid using custody to balance finances between parents. In many cases, a lower-earning parent may have spent more time as the primary caretaker. Texas courts may weigh that history heavily if it supports the child’s stability. When both parents are capable and involved, judges often favor shared parenting time regardless of income differences.

When legal guidance can help

Custody disputes often involve overlapping issues like child support, work schedules and caregiving history. Understanding how Texas courts apply the best-interest standard can be difficult without context. Speaking with a family law attorney can help you understand how these laws apply to your specific situation and what factors a judge may focus on in your case.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[Serving divorce papers to deployed military spouses in Texas]]> https://www.prater-ridleylaw.com/?p=47961 2025-10-03T08:08:08Z 2025-10-08T08:07:36Z Understanding residency requirements The process begins with jurisdiction. In Texas, you must meet certain residency standards before filing for divorce. Military families often move frequently, raising important questions about eligibility. Texas law provides flexibility for deployed service members and their spouses if:
  • At least one spouse has lived in Texas for six months
  • One of the spouses holds 90 days residency in the filing county prior to filing
  • The serving spouse is currently deployed, relocated or living outside the state

Serving divorce papers: procedures and challenges

Texas law requires personal service of divorce documents. Standard methods, such as certified mail or online notification, do not apply if your spouse is on active duty. You must have papers physically delivered to your spouse, whether on base, overseas or at another U.S. location. Delivering papers to a deployed spouse can involve:
  • Military-approved process servers or coordination with base authorities
  • Notification through legal military channels or foreign consulates if abroad
  • Direct delivery by a professional process server
  • Using a waiver of service, which allows your spouse to formally acknowledge receipt before a notary, often used in uncontested divorces
If deployment or combat makes service impossible, courts may delay the divorce until the spouse returns. In rare cases, the military may forward documents but cannot force service on unwilling service members. Safeguards for active-duty members Active-duty service members are afforded extensive protections under a federal statute designed to ease civil obligations. You will notice these rules when serving deployed spouses:
  • Minimum 90 extra days to respond to the petition
  • Right to request a stay, delaying proceedings until the service member can participate
  • Protection against default judgments due to deployment
These federal guidelines ensure service members can defend their interests and make informed decisions.

Important tips for Texas professionals

If you face military divorce and need to serve papers, consider these strategies:
  • Confirm your spouse's current assignment, duty station and military status before attempting service
  • Document all efforts and maintain clear records for court review
  • Communicate with military legal offices or JAG when your spouse is stationed on base
  • Remain patient, as deployment and overseas procedures may cause delays

Keeping your divorce fair

Military divorce requires patience, organization and close attention to laws. Navigating the service of divorce papers during deployment is often complex but ensures fairness for both spouses. Following the rules outlined by Texas and federal statutes allows you to move forward with confidence, even when your spouse's military duty takes them far from home.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[The role of mediation in high-conflict Texas divorces]]> https://www.prater-ridleylaw.com/?p=47956 2025-06-18T04:45:56Z 2025-06-24T04:45:26Z Mediation helps divorcing couples reach agreements without going to trial. A neutral third party, called a mediator, helps spouses discuss their issues and find common ground. The mediator does not decide the outcome but guides the conversation. Moreover, mediation is confidential, which allows for open discussion without fear of court use. Here are more insights on how it works and its benefits.

How mediation works in Texas

Mediation is often used in family law cases, especially when high-conflict divorces. A judge may order couples to try mediation before the case goes to trial. Mediation can address property division, custody, support and other disputes. If the couple reaches an agreement, they sign a Mediated Settlement Agreement (MSA). If the MSA meets specific rules, the court approves it and make it part of the final divorce order.  However, if there are conditions beyond the MSA that warrants a non-approval, the court may not approve the agreement. For example, if: 
  • The agreement is unfair because one spouse is at a disadvantage.
  • The agreement violates the law, such as waiving child support.
  • The other party has proof that they were forced to sign the agreement.
  • What was agreed upon by the couple is not in the child’s best interest.
Unfortunately, mediation might not work in certain cases, like for couples with a history of domestic violence because it can prevent one partner from speaking freely. In these situations, the victim might feel pressured to agree to terms that are not in their best interest.

Benefits of mediation in high-conflict cases

Mediation can reduce stress and delay in high-conflict divorces. It provides a private and calmer setting than the court. It also allows the couple to control decisions instead of leaving them to a judge. Through this process, couples could better cooperate, especially when children are involved.

Why you still need a family law attorney

While mediation can ease divorce, it does not replace legal advice. A mediator must stay neutral and cannot protect either party’s interests. A family law attorney ensures that any agreement is fair and legally sound. An attorney can also help prepare for mediation and review the final agreement. Even in mediation, having a trusted advocate is essential for long-term peace of mind.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[Do service members need to worry about divorce while deployed?]]> https://www.prater-ridleylaw.com/?p=47955 2025-04-02T19:23:32Z 2025-04-02T10:27:21Z Service members have legal protection Divorce statutes technically allow the filing party to request a divorce by default if the other spouse doesn't respond to their petition in a timely fashion. Someone deployed may not be able to communicate with their spouse or the courts before that default date passes. Without legal protection, service members might face unfair divorce proceedings. Thankfully, there are federal laws in place that protect service members from malicious mid-deployment filings. Under the Servicemembers Civil Relief Act, service members have the option of delaying divorce when they are not available because of their service. The law does not affect the terms of the divorce, but it does protect service members from unfair outcomes due to an inability to respond or attend hearings. Both training and deployment can make a service member eligible for delayed divorce proceedings. In theory, they can ask to halt the process until they return from training or active duty. Service members anticipating divorce may need help learning about the rules that apply and the legal protections established to prevent unfair situations. Discussing a potential upcoming military divorce with a skilled legal team can help service members push for the best outcome regardless of when their spouses decide to file.  ]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[How to gain financial security in a Texas divorce ]]> https://www.prater-ridleylaw.com/?p=47952 2025-02-11T03:38:28Z 2025-02-12T05:26:52Z Divorce can be a financially challenging experience, particularly for the lower-income spouse. Such spouses can find solace in the fact that the Lone Star State follows community property laws. This means they stand to get a fair portion of the marital assets during the property division.  According to state law, all assets that a couple acquires in the course of their marriage are divided equitably during divorce. However, lower-earning spouses should understand that “equitable” is not synonymous with a 50/50 split. Furthermore, securing financial stability post-divorce goes beyond property division; it requires strategic planning and legal awareness. Individuals who are lower-income spouses can benefit from learning how to protect their financial future during and after a Texas divorce.

When spousal support is applicable

Spousal support comes in two forms: temporary spousal support during the divorce process and post-divorce maintenance once the divorce is finalized. Many lower-earning spouses assume they automatically qualify for alimony in a Texas divorce. However, the Lone Star State has strict rules regarding spousal maintenance. The lower-earning spouse is required to demonstrate that they have a limited ability to provide for their minimum reasonable needs.   The court also has to consider the amount of child support the payor is paying and their ability to meet their minimum reasonable needs. The likelihood of maintenance being awarded is low if spousal support obligations would prevent the payor from meeting their basic needs.   Furthermore, post-divorce maintenance is easier to get in some Texas jurisdictions than others. For instance, in the counties such as Bell, Coryell, Milam and Falls, it is not easy to get post-divorce maintenance.  There are various elements that the family Court can examine to establish that a spouse is eligible for maintenance. To mention a few, a lower-earning spouse may qualify for support if:
  • They were married to their high-earning partner for at least 10 years
  • They have a significantly lower earning potential compared to their partner 
  • Their high-earning spouse was convicted of family violence two years before the divorce
Lower-earning spouses should know that if their higher-earning partner was found guilty of domestic violence two years prior to the divorce filing, the requirement of being married for at least 10 years does not apply. A divorce in the Lone Star State can be financially daunting for the lower-income spouse. However, spouses can safeguard their future by understanding their rights and taking proactive steps during and after divorce. Consulting a skilled legal team can further help lower-earning spouses secure the best possible outcome.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[3 possible ways to address one’s family home during a Texas divorce]]> https://www.prater-ridleylaw.com/?p=47945 2024-06-24T06:22:36Z 2024-06-27T06:22:21Z Sole homeownership The most common solution in a divorce involving real property is for one spouse to keep the home. Factors ranging from income and health to child custody arrangements can influence which spouse has stronger claim to the marital home. Typically, the spouse not staying in the home should receive a fair portion of its equity or other assets worth a comparable amount.

The sale of the home

There are several scenarios in which selling the marital home is the simplest and best solution. Maybe the spouses have very little equity accrued because they just bought the property. Maybe both of them have emotional attachments to the property that they worry could become negative after the divorce. Sometimes neither spouse can afford the home on their own. Spouses can make the decision to sell the home and split the funds from the sale in a specific manner.

Continued joint ownership

There are usually three main scenarios that sometimes lead to continued joint ownership of the marital home after a Texas divorce. The first is when they have children together. Some parents attempt a birdnesting custody arrangements as a way of keeping their children in the same school district. Other times, the house may be in need of repairs or the local market might be relatively weak. Spouses might agree to maintain the home jointly until they can sell it for a better return on their investment. Finally, sometimes people agree to retain joint ownership of a property because it is in a high-demand area where they can rent it to tenants for a premium price. Each of those scenarios creates certain unique challenges and may require a very thorough contract between the spouses. Ideally, spouses can work together to resolve their disagreements about marital property. If they cannot reach a mutual agreement, then a family law judge may need to interpret Texas law for them to settle their disagreement. Having a realistic idea of what outcomes are possible can help those preparing for complex property division matters in a Texas divorce to make informed decisions.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[Mental health and appearance in child custody divorce cases]]> https://www.prater-ridleylaw.com/?p=47943 2024-03-29T06:01:53Z 2024-04-03T06:01:18Z Mental health of the parent First, mental health plays a significant role in determining the well-being of both parents and children involved in custody battles. Courts prioritize the best interests of the child above all else. This means they want to ensure that the child will be in a stable and nurturing environment. If one parent struggles with mental health issues that could potentially endanger the child's safety or emotional stability, it could affect their ability to obtain custody. Examples of conditions that could lead to this include:
  • Untreated depression
  • Anger management
  • Unstable relationships
  • Inability to keep a job
Any of these may raise concerns about a parent's ability to provide a safe and supportive environment for the child. On the other hand, if the parent takes a proactive approach to addressing their mental health issues, such as attending therapy or taking prescribed medication, it can demonstrate to the court that they are committed to their well-being and, by extension, their child's well-being.

Appearance: why does it matter?

While the concept of appearance might seem superficial, appearance can sometimes reflect a person's ability to care for themselves or their children. A well-groomed and presentable appearance can create a positive impression in court, showing that a parent is responsible, capable of managing several things at once and takes care not only of themselves but also of their children. It is not entirely superficial because, if you think about it, a depressed parent may have a difficult time with grooming and ensuring their children are taken care of in every way, including in the way they dress, their hygiene and other physical needs. Appearance can impact perceptions of credibility and reliability, both traits that help anyone make their case when they're in court. A person who appears unkempt or disheveled may be viewed as less reliable and trustworthy than someone who is well-kept and composed at all times.

Striking a balance

While appearance should not be the sole factor in determining whether a parent has what it takes to care for their child, and it certainly does not, it is fair to say that there is some truth to the fact that appearances give us an inkling into the lives of people. In divorce cases, appearance can also refer to the way the spouses communicate. For example, if one of the spouses regularly lashes out in court and the other party remains composed, the court may be more likely to question the first party's emotional ability to self-regulate. In conclusion, mental health and appearance are both important in divorce cases, child custody matters and court proceedings in general. While they may not always be the deciding factors, they can have a significant impact on how courts perceive parents and ultimately make decisions about what is in the best interests of the child. Taking care of yourself, mentally and physically, is important, as is ensuring you put your children first and prioritize their well-being. Remember that divorce is hard for everyone, but children did not choose the divorce, which makes them innocent parties in a mess they did not choose to be a part of.]]> On Behalf of Prater, Ridley & Llamas - Attorneys at Law <![CDATA[2 ways your divorce may affect your teenager]]> https://www.prater-ridleylaw.com/?p=47942 2024-02-09T18:26:43Z 2024-02-09T05:32:53Z Emotional turmoil Adolescents often experience a range of intense emotions when their parents decide to divorce. Feelings of sadness, anger, confusion and fear are common reactions as they grapple with the dissolution of their family unit. Many teenagers may also harbor deep-seated fears of abandonment or rejection, wondering if they were somehow responsible for their parents’ separation. It is crucial for divorcing parents to establish a safe and supportive atmosphere where their teenagers feel comfortable expressing their emotions. Encourage open communication and validate their feelings without judgment. Empathy and compassion also go a long way in helping teenagers feel understood and supported during this challenging time. Additionally, divorcing parents should consider seeking professional counseling or therapy to provide teenagers with the tools and coping mechanisms they need to process their emotions effectively.

Disrupted family dynamics

One of the most significant adjustments teenagers face post-divorce is adapting to new living arrangements. Moving between two households can be emotionally taxing, disrupting established routines and causing feelings of instability. Additionally, navigating conflicting parenting styles and rules in each household can further compound stress and confusion for teenagers. Parents can mitigate the impact of disrupted family dynamics by prioritizing consistency and predictability. Establishing clear routines and expectations in both households can provide teenagers with a sense of stability amidst the uncertainty of divorce. Additionally, divorcing parents should maintain open lines of communication and collaborate on important decisions regarding their teenager’s upbringing. By presenting a united front, parents may help relieve some of the stress and anxiety that comes with juggling two separate households. Preparing for how the dissolution of the marriage may affect their teenage kids – and remaining vigilant about spotting signs of challenges – can help parents who are going through a divorce to facilitate their teenager’s best interests during this difficult transition.]]>