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Kicking Out My Spouse During Divorce Case!

Ashley Green • May 17, 2024

Kicking Out My Spouse During Divorce Case!

In Texas, both spouses typically have equal rights to the marital home during a divorce, regardless of whose name is on the title or lease. This means that neither spouse can unilaterally "kick out" the other from the marital residence without a court order. If one spouse wishes to exclude the other from the marital home during divorce proceedings, they would need to petition the court for a temporary restraining order, protective order, or temporary injunction.

This would require demonstrating to the court that there is a legitimate reason, such as concerns for safety or the preservation of property, to justify excluding the other spouse from the home. However, it's important to note that even if one spouse obtains a court order to exclude the other from the home temporarily, it does not necessarily affect their ownership interest in the property. Both spouses typically retain an ownership interest in the marital home until a final division of property is determined through the divorce process.

If you are facing a situation where your spouse is attempting to force you out of the marital home, it's advisable to seek legal advice from a divorce attorney in Texas. They can assess your specific circumstances, advise you on your rights, and help you navigate the legal process to protect your interests during the divorce proceedings.

Please contact us today to determine your options during your divorce case. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.

Attorney, Ashley Nicole Green is a divorce and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com

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My Child Died and I Want to See My Grandchild

By Ashley Green • April 25, 2025

The death of a parent is heartbreaking—and it often raises urgent questions about who will care for the child left behind. In Texas, when one parent passes away, custody typically goes to the surviving parent. Can Grandparents or Relatives Get Custody? Yes—but it’s not automatic. Texas courts favor placing children with surviving parents unless doing so would significantly harm the child’s physical or emotional well-being. To request custody (called conservatorship), a grandparent or third party must show: The surviving parent is unfit, OR t he grandparent/relative has cared for the child for at least 6 months, and t aking the child from them would cause harm. What About Visitation? If a grandparent is being denied access to the child after the parent’s death, they can file for court-ordered visitation. They must show: One parent is deceased, and d enial of visitation would harm the child’s emotional or physical well-being. Act Quickly If you're a grandparent or relative concerned about a child's care after the loss of a parent, it’s important to act fast. Courts will always prioritize the child’s best interest—but you need legal standing and strong evidence. Please contact us today to determine the best way to navigate your legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677. Attorney, Ashley Nicole Green is a family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! C ontact the Law Office of A. Green today to schedule consultation! You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com

What to Do If Child Support Payments Are Missed?

By Ashley Green • April 23, 2025

Missing child support payments in Texas can have serious legal and financial consequences. If you've missed a payment or are at risk of doing so, it's crucial to take immediate action to address the situation. Here's a guide on steps to consider to help: 1. Contact the Child Support Division Immediately If you're struggling to make your payments, reach out to the Texas Child Support Division as soon as possible. Proactively communicating your situation can demonstrate your commitment to fulfilling your obligations and may open up options for assistance or modification. 2. Understand the Consequences of Non-Payment Failing to pay child support can lead to severe penalties, including: Wage Garnishment: The state can order your employer to withhold a portion of your wages to cover unpaid child support. License Suspension: Your driver's, professional, and even recreational licenses can be suspended due to unpaid child support. Liens on Property: Liens may be placed on your property, bank accounts, retirement plans, and other assets. Tax Refund Interception: Federal and state tax refunds can be intercepted to cover child support arrears. Passport Denial: Owing money can result in denial of a new or renewed passport. Credit Score Impact: Delinquent payments can negatively affect your credit rating. 3. Seek Legal Guidance Consulting with a family law attorney can help you understand your rights and obligations. An attorney can assist in negotiating payment plans, representing you in court, and exploring options like modifying the existing child support order if your financial circumstances have changed significantly. 4. Consider Mediation Services Mediation involves a neutral third party helping both parents reach an agreement on handling arrears. This can be a less adversarial and more cost-effective method than going to court. 5 . Utilize State Support Programs Texas offers various programs for parents facing financial hardship, including job training and employment placement services. Engaging with these resources can improve your financial stability, enabling you to meet child support obligations more effectively. Please contact us today to determine the best way to navigate your legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677. Attorney, Ashley Nicole Green is a family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! C ontact the Law Office of A. Green today to schedule consultation! You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com

Common Financial Pitfalls in Divorce—and How to Avoid Them

By Ashley Green • April 18, 2025

Divorce isn’t just an emotional journey—it’s a financial one, too. And in the middle of the stress, it’s easy to overlook important money matters that could impact your future for years to come. Whether you’re just beginning the process or finalizing terms, here are some common financial pitfalls to watch out for—and how to avoid them. 1. Underestimating Living Expenses Many people assume life after divorce will cost about the same as it did during the marriage—but that’s rarely the case. Two households mean two sets of bills, and even small expenses can add up quickly. Avoid it by: Creating a detailed post-divorce budget early on Including hidden costs like insurance, child care, or therapy Being realistic (not hopeful) about your income and lifestyle 2. Fighting to Keep the House Without a Plan It’s natural to want stability—especially if kids are involved. But keeping the family home can become a financial burden if you can’t afford the mortgage, taxes, and maintenance on your own. Avoid it by: Looking at the long-term cost, not just emotional value Weighing whether selling or downsizing makes more sense Considering alternatives like nesting (temporarily sharing the home) 3. Not Understanding the Value of Retirement Accounts A $100,000 savings account is not the same as a $100,000 401(k). Why? Because retirement accounts often come with tax consequences and penalties. Avoid it by: Getting a clear valuation of all retirement assets Using a QDRO (Qualified Domestic Relations Order) if needed Consulting a financial advisor before agreeing to any division 4. Overlooking Marital Debt Dividing assets is one thing—but dividing debt is just as important. If you’re not careful, you could be left responsible for debts you didn’t even know about. Avoid it by: Running a full credit report Listing all joint debts (credit cards, loans, etc.) Including clear language in your divorce decree about who pays what 5. Making Emotional Decisions Instead of Strategic Ones Divorce is emotional—but financial decisions should be logical. Some people give up too much just to “get it over with,” while others fight over everything out of anger or fear. Avoid it by: Leaning on your attorney and/or financial expert Focusing on long-term security, not short-term satisfaction Protecting your peace and your pocketbook 6. Forgetting to Update Legal and Financial Documents Your divorce decree is done—but your name might still be on accounts, policies, or beneficiary forms. Avoid it by: Updating your will, power of attorney, and insurance policies Removing your ex from joint accounts and shared logins Making sure beneficiary designations reflect your current wishes Please contact us today to determine the best way to navigate your legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677. Attorney, Ashley Nicole Green is a family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! C ontact the Law Office of A. Green today to schedule consultation! You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com

Co-Parenting and Introducing a New Partner to Your Children

By Ashley Green • April 15, 2025

Divorce is a transition, not an end—and for many, new love comes with the next chapter. But when you’re co-parenting, introducing a new partner to your children can be one of the trickiest emotional milestones to navigate. This moment doesn’t just affect you—it impacts your kids, your ex, and the overall co-parenting dynamic. So how do you handle it in a way that’s respectful, intentional, and healthy for everyone involved? 1 . Timing Is Everything Just because you’re ready to introduce your partner doesn’t mean your kids are. Experts suggest waiting until the relationship is stable and long-term before bringing a new partner into your children’s lives. A general rule: Wait at least 6 months to a year, or until you're confident this person is a consistent presence—not a passing phase. 2. Consider Your Child’s Age and Emotional Readiness Different ages, different reactions: Young children may get confused or feel threatened by someone “new.” Older kids and teens might react with skepticism, jealousy, or even loyalty toward the other parent. No matter the age, be patient. You’re asking them to adjust emotionally—not just logistically. 3. Talk to Your Co-Parent First (Even If It’s Uncomfortable) This is about respect, not permission. Giving your co-parent a heads-up (especially if you share custody) shows that you're putting the kids' emotional well-being first. It can prevent blindsiding and reduce tension between households. Keep the conversation neutral and focused on the kids. Possible Example: "I wanted to let you know I’m planning to introduce [partner’s name] to the kids soon. I’ll make sure it’s a gradual process and keep their comfort in mind." 4. Make the Introduction Low-Key The first meeting should be short, casual, and pressure-free—maybe grabbing ice cream or meeting at a park. Avoid over-labeling the relationship (“This is my boyfriend/girlfriend”) at the start. 5. Avoid Putting the Kids in the Middle Your children don’t need to hear about your new relationship drama—or be asked to “approve” of your partner. They also shouldn’t feel like they’re betraying the other parent by liking someone new. Remind them: “You’re allowed to have a relationship with both of your parents.” “You’re also allowed to get to know the people we care about.” Please contact us today to determine the best way to navigate your legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677. Attorney, Ashley Nicole Green is a family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! C ontact the Law Office of A. Green today to schedule consultation! You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com

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