The goal of Collaborative Divorce is to assist people choosing to end their marriage without destroying their family in the process.

Mistaken paternity is when a man who has been legally declared the father of a child later learns that he is not the father. Texas law allows courts to terminate the parent-child relationship and the duty to pay child support in circumstances of mistaken paternity.

Men who meet the requirements of the law may seek court-ordered genetic testing.

If testing excludes a man as the child’s biological father, the court may terminate the parent-child relationship and the duty to pay future child support.

The man is still responsible for arrears that accrued up to the termination date.

If a relationship has already formed between the man and child, the man can obtain visitation, even though he does not pay child support.

FORMAL MARRIAGE

A formal marriage license can be obtained from any county in Texas and the marriage can be performed anywhere. If the marriage takes place outside of Texas, contact the appropriate state office, consulate or embassy to learn the marriage requirements for that state or country.

Q: What is the legal age to obtain a Marriage License?

A: 18 without parental consent 16 with parental consent

Q: Can two people of the same sex get married?

A: Yes

Q: When can we get married after we purchase the license?

A: The license must be purchased at least 72 hours prior to but no more than 90 days before the date of the ceremony.

Q: If my boyfriend/girlfriend is in the military, do we still have to wait 72 hours?

A: The 72-hour waiting period is automatically waived for military personnel. However you will need to show your military ID.

Q:  Is there any other way to waive the 72-hour waiting period?

A:  An applicant may obtain a waiver from District Court, or an applicant can complete a premarital education course and provides the County Clerk with the completion certificate.

Q:  I just got divorced – can I remarry right away?

A:  If divorced in Texas, there is a 30-day waiting period after the divorce is final before remarriage–unless waived. If the 30-day waiting period is waived, a certified copy must be presented at the time the license is purchased.

Q: Who can marry us?

A: The following people are authorized to conduct marriage ceremonies:

Licensed or ordained Christian ministers, and priests; Jewish rabbis; persons who are officers of religious organizations and who are duly authorized by the organization to conduct marriage ceremonies; justices of the supreme court, judges of the court of criminal appeals, justices of the court of appeals, judges of the district, county, and probate courts, judges of the county court at law, courts of domestic relations and juvenile courts, retired justices and judges of such courts, justices of the peace, retired justices of the peace, judges of a municipal court, retired judge of a municipal court or judge or magistrate of the federal court of this state; and a retired judge or magistrate of a federal court of this state.

Q: Do we need to have a blood test performed?

A: No blood test is required in the State of Texas anymore.

Q: What kind of I.D. do we need to get a license?

A: You must have a valid I.D. such as a driver’s license, I.D. card issued by DPS, valid passport, resident alien card, or other government issued identification.

El 15 de Junio, John F Kelly secretario del Departamento de Seguridad Interna (DHS), firmó un memorándum cancelando el memorándum del 20 de noviembre del 2014 que creaba el programa conocido como Acción Diferida para Padres de Ciudadanos Americanos o Residentes Permanente (DAPA). La razón dada para la cancelación de dicha política fue que la misma se encontraba atorada en las cortes y nunca podría ser implementada.

Qué es importante que usted sepa:

1. La cancelación del programa DAPA no tendrá efecto en la ley migratoria de los Estados Unidos; una vez que dicha política nunca se implementó, el hecho de que desaparezca no representa un problema legal.
2. La historia de la póliza DAPA muestra que tan débil puede ser “Gobernar con Orden Presidencial” – cualquier política promulgada por un Presidente puede ser derogada por litigio en las Cortes y ser cancelada por un Presidente subsecuente. Nuestros oficiales de gobierno necesitan ser guiados por la Constitución, y los representantes populares (Congreso) deben formular las leyes, no el Presidente.
3. Es significante hacer notar que el programa DACA (Acción Diferida para los Llegados en la Infancia) no se ha afectado ni por cualquier demanda judicial o por la cancelación del DAPA. Aunque muchos quienes apoyan al Presidente Trump para cancelar las políticas de la era Obama, en este momento el DACA permanece como un beneficio viable para ayudar a aquellos que califican. Hasta Enero del 2017 solamente 740 mil personas se habían registrado con el DACA – muchos más individuos calificados podrían tomar ventaja del programa DACA.

DACA cubre a individuos que no podrían, por si mismos, haber tomado la decisión de ingresar a los Estados Unidos sin permiso – esto reconoce que aquellos traídos a los Estados Unidos como niños no pueden ser culpados por su presencia en los Estados Unidos. Es infortunado que el Congreso no haya actuado para proteger a esos niños, pero la legislación del “Dream Act” no ha conseguido los votos necesarios para ser aprobada y firmada para convertirse en ley (El último intento para el Dream Act fuera aprobado por el Congreso fue en el 2011).

4. Para aquellos que se encuentran en los Estados Unidos sin permiso, es importante que sepan que el Dream Act, DACA/DAPA, y casi todos los demás beneficios migratorios tienen algo en común; el requerimiento de obedecer la ley. He encontrado a muchas personas que estarían calificadas para algún tipo de programa migratorio o permiso de trabajo, pero que han desarrollado un historial delictivo durante su estancia en los Estados Unidos, lo que no solamente los hace no elegibles, sino que también los pone en riesgo de estar en la cima de prioridades de las listas de deportación. Alguien que espere encontrarse legalmente en los Estados Unidos no deberá conducir un vehículo alcoholizado, no cometer violencia familiar, no robar, no poseer drogas o cometer CUALQUIER crimen.
5.  La políticas DACA/DAPA y el debate nacional en migración en general ilustrar un hecho crítico que debe de ser tomado en consideración por toda persona en los Estados Unidos y que cuentan con una tarjeta verde de residente legal; si usted quiere permanecer en los Estados Unidos debe de hacer su deber el naturalizarse y convertirse en Ciudadano de los Estados Unidos para que posteriormente pueda votar y ayudar a dar forma a la política migratoria.  Con un incremente de nuevos votantes que tengan un historial como inmigrantes, nuestros legisladores en el Congreso se verán forzados a tomar con mayor seriedad la voluntad de la gente.

On June 15, Department of Homeland Security Secretary John F. Kelly, signed a memorandum canceling the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). The reason given for the policy cancellation was that the policy was stuck in the courts and would never be able to be implemented.

What it is important for you to know:

1. The canceling of the DAPA program will not have an effect on U.S. immigration law; since the policy was never implemented, the fact that it is now gone is a non-issue.

2. The history of the DAPA policy shows how weak “governance by Presidential Order” can be – any policy enacted by a President can be defeated by litigation in the courts and by cancellation by a subsequent President. Our government officials need to be guided by the Constitution, and the representatives of the people (Congress) should make the laws, not the President.

3. It is significant to note that the DACA program (Deferred Action for Childhood Arrivals) is unaffected by either lawsuits or by the DAPA cancellation. Although many who support President Trump want both of the Obama era polices cancelled, at this time DACA remains a viable benefit to pursue for those who qualify. As of January 2017, only 740,000 people have registered through DACA – many more qualified individuals should be taking advantage of the DACA program.

DACA covers individuals who could not, on their own, have made the decision to enter the U.S. without permission – it recognizes that those brought to the U.S. as children are blameless as to their presence in the U.S. It is unfortunate that the Congress has not acted to protect these children, but the “Dream Act” legislation could not earn enough votes to be passed and signed into law (The last attempt to get the Dream Act through Congress was in 2011).

4. For those who are in the U.S. without permission, it is important to know what the Dream Act, DACA/DAPA, and nearly every other immigration benefit has in common; a requirement to obey the law. I have encountered many persons that were otherwise qualified for some type of immigration program or work permit, but they had developed a criminal record during their time in the U.S. which not only made them ineligible, but also put them at the top of the priority list for deportation. One who hopes to be in the U.S. legally should not drive drunk, commit family violence, steal, posses drugs or commit ANY crime.

5. The DACA/DAPA policies and the national debate on immigration in general illustrate a critical fact that must be taken into consideration by every person in the U.S. with a greencard; if you want to be in the U.S., you should make it your duty to naturalize and become a U.S. citizen so that you can vote and shape immigration policy. With an increase in new voters who have a background as an immigrant, our lawmakers in Congress would be forced to take seriously the will of the people.

Major League Baseball began the 2017 season with a record 29.8 percent of their players being born outside of the United States.  The National Basketball Association has a similar profile, with 25.2 percent of their players being born somewhere other than the United States.  Hockey and American Football are dramatically different; just slightly over 3 percent of the National Football League is composed of international players, while a whopping 72.9 percent of the National Hockey League players were not born in the United States.  Most likely all those professional athletes are living and working in the United States by having an “O” visa.

“O” visas can be obtained by persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, as demonstrated by sustained national or international acclaim, to work in their field of expertise. “O” visas can also be issued to persons providing essential services in support of the person with extraordinary ability, as well as the “O” visa holder’s family.

The “O” visa can be issued for a period of up to three years.  There were 28,171 such visas issued in 2016; to the person with extraordinary ability (O-1), their assistants (O-2), and their family (O-3).

Justice Department Settles U.S. Worker Discrimination Claims Against New Mexico Farm

Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members, physically and by threatening to report them to the USCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser’s assistance or knowledge, to seek safety and independence from the abuser.

Who is Eligible?

To be eligible to file a self-petition you must qualify under one of the following categories:

• Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.
• Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.
• Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries

VAWA applies equally to both women and men.

The basic requirements for the self-petitioning spouse are:

• Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
• Is required to be a person of good moral character.
• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

The basic requirements for the self-petitioning child are:

• Must qualify as the child of the abuser as “child” is defined in the INA for immigration purposes.
• Any relevant credible evidence that can prove the relationship with the parent will be considered.

The steps necessary to obtain approval of a VAWA petition and obtain permission to work in the United States and obtain permanent resident status go beyond the scope of this article.  Persons needing assistance to obtain immigration benefits should contact an attorney.

Victims of domestic violence should know that help is available to them through the National Domestic Violence Hotline on 1-800-799-7233 or 1-800-787-3224 [TDD] for information about shelters, mental health care, and legal advice.

This information is a general summary, and there may be exceptions or additional requirements that apply in an individual case.  Information is given for demonstrative purposes only, and should not be relied on without consulting an attorney.  Specific advice can only be given by an attorney who is familiar with facts pertinent to a specific case.

When you think of divorce, you often think of raging custody battles, people losing big assets, and general disharmony – that’s what the media leads most people to believe. The truth is many people can actually dissolve their marriages amicably and divide property without a fight.

Have you ever thought about an uncontested divorce? It might be a good option for you if you’re looking to be on good terms with your spouse. You won’t be seeing any court time if you take this option, so be sure to write down a list of things that matter to you and try to work out a plan that works best for both of you, a plan that’s fair to both of you.

This way you’ll also be dodging hefty hourly lawyer fees and opting for a flat fee at a fixed rate instead. Not every case is right for this kind of divorce, but if you’re looking for a less dramatic and quicker separation, talk to your attorney.

If you are headed to the courtroom, be sure to at least consider what assets you own, and why keeping them in your possession is best. Remember that most property acquired during a marriage is often considered community property. Anything you own prior to your marriage is still considered yours in most cases.

Bartering can be an effective way to get a fair resolution after you come up with a list of things to be divided. Although offering A for B can be helpful, some people also bring in a third party appraiser to help create a fair balance between items.

If you can’t decide who gets for certain things, you may want to consider putting the items up for sale online, or having a yard sale. The profits would then be split evenly and distributed to both spouses. Keeping your cool, being fair, and expressing a willingness to cooperate can help you avoid fights during this stressful time.

Attorney Candace Peeples practices family law in Birmingham, Alabama.

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