Michael B. Suffness, P.C. Michael B. Suffness, P.C.2026-08-24T08:00:02Zhttps://www.suffness.com/feed/atom/WordPress/wp-content/uploads/sites/1101685/2019/05/cropped-favicon-32x32.pngOn Behalf of Michael B. Suffness, P.C.<![CDATA[Who keeps the house after divorce? 3 things to know]]>https://www.suffness.com/?p=495332026-08-19T13:27:08Z2026-08-24T08:00:02ZFor some spouses, the hardest part of dividing property is not deciding who gets the furniture or how to split a bank account. It is deciding what happens to the house where their family built a life. A parent may want to keep the home so the children can stay in familiar surroundings and avoid another major change. Another spouse may need to sell the property to gain financial stability after the divorce. Neither choice necessarily means one person cares more about the family. Instead, each choice may reflect a different way of handling the financial and emotional changes that come with ending a marriage. Here are three things to know about the family home and property division in divorce.
1. The court first determines whether the home is community property
Texas treats property acquired during marriage as community property. This rule can apply even when only one spouse's name appears on the deed. A spouse who claims the home as separate property generally must provide clear and convincing evidence to support that claim. Property owned before marriage or acquired through certain gifts or inheritances may qualify as separate property.
2. One spouse may keep the house
The spouses do not always have to sell the home after divorce. They may agree that one spouse will keep the property and compensate the other for their share of its value. They may also use other marital assets to offset that share. If the spouses cannot reach an agreement, a judge may award the home to one spouse as part of the overall division of the marital estate.Keeping the house also raises practical financial concerns. The spouse who stays may need to pay the mortgage, property taxes, insurance and maintenance costs alone. A divorce judgment may require one spouse to make the mortgage payments, but the lender may still hold both spouses responsible for the loan. Refinancing may become necessary if one spouse needs to remove the other from the mortgage obligation.
3. The court does not always split the value 50-50
Texas courts must divide the marital estate in a manner they consider "just and right." That standard does not necessarily require an equal division. A court can consider the circumstances of the marriage, each spouse's financial position and the needs of any children when deciding how to divide the property.As a result, deciding who keeps the house involves more than determining which spouse wants it more. The property's classification, value and mortgage can affect the decision, as can each spouse's financial circumstances and ability to maintain the home.
Consider what comes after the divorce
Walking away from a house can feel like losing part of a shared history. Keeping it, however, can create financial obligations that become difficult to manage alone. A decision that feels right emotionally may not work financially, while selling may provide needed flexibility but bring its own sense of loss. Before agreeing to sell, transfer or keep the home, a Texas divorce attorney can review the property, mortgage and broader division of marital assets and provide legal guidance based on the circumstances.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[Common mistakes to avoid during a custody dispute in Texas]]>https://www.suffness.com/?p=495312026-07-08T14:08:19Z2026-07-24T13:51:51ZInvolving your child in conflict
You may feel frustrated with the other parent during a custody dispute. However, involving your child in adult conflict can create stress and emotional challenges. Speaking negatively about the other parent, asking your child to choose sides or sharing details about the custody case may place pressure on your child.
Try to keep discussions about the case private. If you need support, consider talking with a trusted professional instead of your child. You should also be careful about what you write in emails, text messages or social media posts because these communications may become part of the custody process.
Ignoring possession orders
Following temporary court orders and agreed possession schedules can show that you take your responsibilities seriously. You may want to keep a calendar that tracks your periods of possession and access. Keeping your child longer than scheduled, refusing court orders or making decisions outside your role may increase conflict.
Unexpected issues can happen. If a problem affects the parenting schedule, communicate as soon as possible and try to work toward a solution. Keeping records of schedule changes and parenting exchanges may also help if disagreements happen later.
Failing to keep organized records
Documentation can play an important role during a custody dispute. Keeping records of your involvement in your child’s education, healthcare, activities and daily care may help show your role as a parent.
You may want to keep a calendar that tracks parenting time, important events and communication with the other parent. Saving emails, text messages and other written conversations can help create a clear record if details are later questioned.
Poor communication with your co-parent
How you communicate with your co-parent may affect how the custody dispute develops. Responding calmly and focusing on your child’s needs can help reduce unnecessary conflict. Try to keep conversations respectful and centered on parenting issues. Clear communication and careful recordkeeping may help show your efforts to support your child’s best interests throughout the custody process.
What steps can help you navigate a custody dispute?
A custody dispute can be difficult to work your way through, but being thoughtful can help you stay focused on your child’s well-being. Following parenting arrangements, keeping organized records and communicating respectfully may help you handle the process more effectively. Preparing carefully can help you approach each step with greater confidence and clarity.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[What to know before filing for divorce in Texas]]>https://www.suffness.com/?p=495282026-06-29T16:29:38Z2026-06-29T16:29:38ZUnderstand Texas divorce requirements
Before filing for divorce, you must meet Texas residency requirements. Generally, either you or your spouse must have lived in Texas for at least six months and in the county where you plan to file for at least 90 days.
Texas also imposes a mandatory 60-day waiting period after filing before a court can finalize most divorces. While some exceptions exist, this waiting period gives spouses time to consider settlement options and address important legal issues.
Prepare for key divorce issues
Every divorce involves different circumstances, but most cases require spouses to resolve several important matters, including:
Division of marital property and debts
Child custody and parenting time
Child support
Spousal maintenance, when applicable
Gathering financial records before filing can make the process more efficient. Documents such as bank statements, tax returns, retirement account information, mortgage records, and business records may become important during the case.
Consider whether settlement is possible
Not every divorce ends in a courtroom. Many couples resolve disputes through negotiation or mediation, allowing them to maintain greater control over the outcome while reducing the time and expense of litigation.
Even if you disagree on certain issues, working toward a settlement may help preserve important relationships, especially when children are involved.
Why planning ahead matters
The decisions you make before filing can affect the entire divorce process. Understanding your financial situation, organizing important documents, and learning about your legal rights can help you approach your case with greater confidence.
An experienced family law attorney can explain how Texas law applies to your circumstances, identify potential challenges, and develop a strategy that protects your interests throughout the divorce process.
If you are thinking about filing for divorce in Texas, speaking with an experienced family law attorney can help you understand your rights, evaluate your options, and prepare for the next stage of your life.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[When should you contest a will?]]>https://www.suffness.com/?p=495262026-05-29T13:01:14Z2026-05-29T13:01:14ZWhat can make a will legally invalid?
When you contest a will, the court will examine whether the document meets Texas legal requirements and whether your loved one signed it voluntarily. Common grounds for a will contest include:
Showing that your loved one lacked the mental capacity to understand the will when signing it
Proving that another person pressured or manipulated your loved one into making changes
Identifying fraud or forgery involving the document
Raising questions about major revisions made shortly before death
A will contest requires evidence connected to one or more of these issues. The court will focus on the facts surrounding the creation and signing of the will rather than whether the distribution seems fair.
What evidence may support a will contest?
If you are questioning the validity of a will, evidence will play an important role in the case. The court will evaluate the information available to determine whether a legal problem affected the document.
Medical records may show cognitive decline around the time the will was signed. Witness testimony may provide information about your loved one's condition or relationships. Earlier estate planning documents may reveal a different pattern of inheritance. Financial records, emails and text messages may also help explain what occurred before the will was created.
Who can contest a will?
Even if you disagree with the contents of a will, you may not automatically have the right to challenge it. Texas law generally limits will contests to people whose financial interests could change depending on the outcome of the case.
Interested parties may include beneficiaries named in the current will, people who appeared in an earlier will, surviving spouses and heirs who could inherit if the court invalidates the document. Before considering the merits of a challenge, the court will determine whether you have a direct interest in the estate.
When might contesting a will become an issue?
Certain situations may cause you to question whether a will accurately reflects your loved one's intentions. Circumstances that frequently lead to disputes include:
Discovering evidence of serious memory loss before the will was signed
Learning that one person restricted family access to your loved one
Finding that a caregiver received a large inheritance unexpectedly
Locating multiple estate planning documents with conflicting terms
Identifying substantial assets that could be affected if the will is invalid
These do not automatically mean a will is invalid. However, they may raise questions that become part of a probate dispute.
How probate disputes affect families
If you decide to challenge a will, the dispute may involve more than questions about property. Probate litigation can delay estate administration and place additional strain on family relationships during an already difficult time.
Every will contest depends on its own circumstances. Courts review the evidence, apply Texas law and evaluate the specific circumstances surrounding the will before reaching a decision.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[6 critical steps every executor should follow in a Texas probate]]>https://www.suffness.com/?p=495242026-04-29T15:21:02Z2026-04-29T15:21:02ZLosing someone you love is never easy. Administering their estate during your period of grief can feel even more daunting. As an executor, you are responsible for honoring your loved one's final wishes. Thus, having a clear understanding of your obligations can help you navigate this process with greater ease. But before you can take action, though, you need to understand what the Texas probate process actually involves.
What the Texas probate process means for you
Probate is the legal process of settling a deceased person's estate. In Texas, a court oversees estate asset distribution, debt payment and property transfer. As the executor, you guide this process from start to finish. In fact, each phase carries distinct legal obligations that you must fulfill before moving forward. Once you have a clear picture of the process, you can focus on the steps that need your attention.
Six steps every executor must follow
Now that you have a foundational understanding of probate, it is time to examine your responsibilities as an executor. You must complete six key steps to close the estate properly. Here is a breakdown of each one:
File the will and application: Submit the will and a probate application to the county court where the deceased lived.
Attend the court hearing: A judge evaluates the will's validity and formally appoints you as executor or designates an administrator if no will exists.
Post notice to creditors: Notify known creditors directly and publish a notice in a local newspaper to allow potential creditors to file claims.
File an inventory of assets: File a comprehensive inventory of the estate's assets and their appraised values with the court within 90 days of your appointment.
Pay valid debts and taxes: Use estate funds to settle creditor claims, administration costs and any estate taxes owed.
Each step builds on the previous one, so completing them in order keeps the process on track. Therefore, understanding how these steps work together helps you carry out your role with greater confidence and purpose.
Honoring a life well lived
Fulfilling these six steps allows you to carry out one of the most profound obligations you will ever undertake. But you do not have to navigate it alone. In fact, many executors find that surrounding themselves with the right people and resources makes the process more manageable and less overwhelming. At the end of the day, the more informed and well-supported you are, the more effectively you can serve those your loved one cherished most.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[Prioritizing protection: Sole custody in unsafe environments]]>https://www.suffness.com/?p=495202026-03-26T09:58:48Z2026-03-26T09:57:07ZCustody decisions often involve difficult trade-offs, but safety should never be one of them. When a parent believes a child faces harm in the other parent’s care, the focus shifts from shared access to protection. In Texas, courts recognize that not all custody arrangements serve a child’s best interests, especially in unsafe environments. In these cases, pursuing sole custody may become a necessary step to create stability and reduce risk.
When safety guides custody decisions in Texas
Texas courts decide custody, known as conservatorship, based on the child’s best interests. While joint managing conservatorship is the usual starting point, judges may award sole managing conservatorship when credible concerns about abuse, neglect or instability are present.Importantly, being named the sole managing conservator gives one parent primary decision-making authority, but it does not always eliminate the other parent’s access. Courts may still allow visitation, often under supervision, unless the risk to the child is severe.
Key factors that may support a sole custody claim
When determining whether sole custody is appropriate, Texas courts review several key factors to assess risk and ensure the child’s safety.Some of the most common considerations include:
Incidents of family violence, abuse or neglect
Substance abuse or untreated mental health conditions that impair parenting
A pattern of threats, coercion or controlling behavior
Unsafe living conditions or exposure to harmful environments
The child’s emotional and physical well-being in each parent’s care
No single factor determines the outcome. However, taken together, these elements can demonstrate whether a child needs greater protection through sole custody.
Steps parents can take to protect their child
Parents can strengthen their child’s safety and custody case by:
Documenting incidents of abuse, neglect or unsafe behavior
Seeking professional evaluations from doctors, therapists or counselors
Maintaining a stable and secure home environment
Consulting a family law attorney for guidance
Requesting temporary or protective orders if immediate safety is needed
Proactive actions help guide the court toward decisions that truly protect the child.
Building a safer future for your child
Pursuing sole custody in unsafe environments is not about limiting a parent’s role without cause. It is about protecting a child and creating a more stable future. In many cases, the process begins with immediate protections and continues as courts evaluate long-term arrangements.By focusing on credible evidence and the child’s well-being, Texas courts aim to reach decisions that prioritize safety above all else. Each case is unique, and outcomes depend on the specific facts involved. Seeking legal guidance can help build a stronger case to help promote the child’s safety and long-term stability.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[Can you get a divorce without going to court in Texas?]]>https://www.suffness.com/?p=495182026-02-25T16:15:40Z2026-02-25T16:15:40ZUnderstanding the uncontested divorce process
An uncontested divorce is the most common way for couples who wish to hasten the divorce. This type of divorce requires:
That either spouse has lived in Texas for six months and in the filing county for 90 days.
That both parties agree on all terms such as property division, debt allocation, any support arrangements and all terms regarding child custody and visitation if minor children are involved
That neither spouse disputes the grounds for divorce, most commonly “insupportability”
State law also generally requires a 60-day waiting period after either you or your spouse files the petition before the court can finalize a divorce. Once this period concludes, many uncontested cases wrap up with a brief hearing, or in some counties, without an in-person appearance at all.
Minimizing court involvement through waivers and defaults
Under Texas law, your spouse can waive formal service by filing a signed acknowledgment with the court after you submit the petition. They must sign the waiver in front of a notary public who is not an attorney involved in your case. Without this, you would need to arrange for a process server or constable to deliver the papers, which adds both time and cost to your case.
If your spouse does not file a response after you serve them, you may proceed with a default divorce. This allows the judge to grant the divorce based on your requests, provided they determine your proposed property division is "just and right" and your child arrangements serve the child’s best interest.
Weighing the key factors before filing
Before starting the divorce process, it is worth taking time to evaluate whether an uncontested divorce fits your situation. One important consideration is whether both parties fully understand the marital estate. If one spouse has limited knowledge of shared finances, debts or retirement accounts, rushing into an agreement could mean leaving important assets unaddressed.
Emotional readiness matters as well. Even an amicable divorce involves difficult decisions, and moving too quickly without proper preparation can lead to regret. Mediation is a valuable tool that helps couples reach agreements outside of court while still benefiting from professional guidance.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[What to do if a will is contested in a Plano probate case]]>https://www.suffness.com/?p=495122026-01-29T14:31:16Z2026-01-28T11:34:34ZWhen someone contests a will, it can turn what should be a straightforward probate process into a confusing and emotional situation. You may be dealing with family disagreements, questions about the deceased’s intentions or claims that the will is not valid. Knowing what steps can help protect your interests and keep the process moving can make a big difference.
Recognizing common reasons of contested wills
Only a small percentage of wills filed for probate — generally around 0.5% to 3% — are ever contested in court. However, those disputes can become complicated, emotional and time-consuming. Recognizing why someone challenges a will helps you anticipate potential issues and gather relevant information.People often question a will for several reasons. These challenges often include:
Questioning whether the testator had mental capacity at the time
Applying pressure or undue influence on the testator
Altering or forging parts of the will
Excluding certain heirs without explanation
Being aware of these possibilities can help you understand the nature of the dispute and what kind of documentation may be relevant.
Steps that may support your position in a contested case
Handling a contested will involves several careful steps that can strengthen your case. This may include:
Collecting financial records, emails or letters showing the deceased’s intentions
Keeping a detailed timeline of events related to the will
Communicating respectfully with other heirs to reduce misunderstandings
Attending probate hearings and mediation sessions as required
Taking these actions can create a clear record that supports your perspective while helping the probate process stay on track. Working with an attorney experienced in probate disputes can also help you respond to challenges strategically and with confidence.
Turning disputes into direction
A case of contested will does not have to derail the entire probate process. By focusing on careful documentation and seeking professional guidance when needed, you can help ensure that the estate is handled fairly and according to the deceased’s wishes. Staying organized and informed gives you a stronger position and more peace of mind during a difficult time.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[What are the grounds for divorce in Texas?]]>https://www.suffness.com/?p=495102025-12-29T07:09:51Z2025-12-29T07:09:51ZWhat insupportability means in Texas
Under Texas law, a court may grant a divorce if the marriage has become 'insupportable.' This happens when discord or personality conflicts have destroyed the legitimate ends of the marriage and make reconciliation unlikely. Essentially, this means the marriage has broken down beyond repair.
When you file for divorce based on these grounds, you do not have to prove that your spouse did anything wrong. Many people choose this option because it lets you focus on practical issues, such as dividing property, without placing blame.
What fault-based grounds look like
While most Texas divorces rely on insupportability, the state still recognizes fault-based grounds. These include:
Adultery: One spouse engaged in a voluntary sexual relationship outside the marriage.
Cruelty: One spouse treated the other in a way that renders further living together insupportable.
Abandonment: One spouse left with the intent to abandon and remained away for at least one year.
Felony conviction: One spouse has been convicted of a felony; has been imprisoned for at least one year in a state or federal penitentiary; and has not been pardoned.
Proving fault-based grounds requires strong evidence and clear documentation. Together with an attorney, you may need to gather witness testimony, records or other supporting materials. Courts take this evidence into account when deciding fair outcomes in contested divorces.
What filing requirements you should know
Before filing for divorce in Texas, you must meet certain residency requirements. Under state law, at least one spouse must have lived in Texas for six months and in the filing county for 90 days. Additionally, the state has a mandatory 60-day waiting period, and the court cannot finalize the petition until those days are up.
Exceptions exist. If a court convicted your spouse of family violence, granted deferred adjudication for family violence or issued an active protective order, the court may waive the 60-day requirement
Once the court finalizes the divorce, state law requires you to wait at least 30 days before remarrying anyone other than your former spouse.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[The difference between joint and sole conservatorship in Texas]]>https://www.suffness.com/?p=495072025-12-04T12:39:15Z2025-12-04T12:39:15ZHow Texas defines conservatorship
In Texas, conservatorship comes in two primary forms: joint and sole.
A joint arrangement allows you and your former spouse to keep legal rights and responsibilities for your child, but this does not guarantee equal parenting time. You and your former spouse can still take part in major decisions about education, medical care and other important matters.
In a sole arrangement, one parent holds full decision-making power over most parts of the child's life, including where the child lives. The other parent usually serves as a possessory conservator who receives visitation rights and handles routine decisions during their time, but does not control major choices.
Both these agreements require both parents to share important information about the child, such as medical, dental and educational records.
What factors courts consider when determining conservatorship
Texas courts prioritize the child's best interest when determining conservatorship arrangements. These can include:
The child's current and future emotional and physical needs
Each parent's ability to provide a stable and nurturing home environment
The parenting abilities of each parent
Each parent's ability to encourage a relationship with the other parent
The child's preference, if the child is 12 years of age or older
Geographic proximity between parents can affect conservatorship decisions as well. When parents live far apart, courts must balance the child's need for stability with maintaining meaningful relationships with both parents.
What you might want to consider when preparing for court
If you are seeking a specific conservatorship outcome, understanding what courts find persuasive can strengthen your position. Judges look for evidence of parental fitness through documentation such as records of involvement in your child's daily life and communication logs between you and the other parent.
Enlisting the help of a family law attorney can help by gathering appropriate documentation, preparing you for what to expect in court and presenting your case in a way that aligns with the standards Texas judges apply. Mediation also offers an alternative path if you prefer to reach agreements outside of court, which an attorney can guide you through.]]>