Michael B. Suffness, P.C. Michael B. Suffness, P.C.2026-06-29T16:29:38Zhttps://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[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.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[Uncontested divorce in Texas: A 5-point checklist]]>https://www.suffness.com/?p=495042025-11-05T21:09:27Z2025-11-05T21:08:12Z5 must-agree issues for spouses
Choosing the uncontested route requires complete consensus in the following five key areas. If you find yourselves disagreeing on any of these points, the case becomes a contested matter, which generally requires a much longer and more complex process.
Dividing community property
Texas is a community property state, meaning you must agree on the division of all assets acquired during your marriage in a manner that the court deems "just and right," which typically means a fair and equitable division. These assets include:
Home equity or other real estate
Bank and investment accounts
Retirement funds like 401(k)s and pensions
You must clearly define what each person receives to prevent future disputes over financial ownership.
Dividing community debt
In addition to assets, you must agree on how to assign all marital liabilities. This agreement must be clear and legally binding for both spouses. Marital debts often include:
Mortgages and home equity loans
Credit card balances and personal loans
Auto loans and other financed purchases
The agreed-upon division must clearly assign all responsibility for repaying these debts.
Child custody and conservatorship
If you have children, you must agree on the legal rights and duties regarding them, collectively called conservatorship. This includes, but is not limited to, which parent has the right to make major decisions. You also need a detailed possession and visitation schedule. Remember that Texas courts require any arrangement to serve the child's best interest.
Child support and medical support
Parents must come to a consensus on the exact amount of child support payments. Furthermore, you must agree on who will provide the child's health, dental, and vision insurance. You also need a plan for how you will share any uncovered medical expenses.
Spousal maintenance
You must agree on whether one spouse will pay spousal maintenance to the other. While court-ordered maintenance has strict eligibility rules, the parties may also agree to contractual alimony, which is enforceable but not bound by the same statutory eligibility limits.
Protect your future
Any breakdown in your agreement on the points listed above forces your case onto a contested track, a shift that significantly slows the entire process. Even when you agree on everything, the legal technicalities of drafting a proper divorce decree underscore the importance of securing skilled legal representation.
An experienced divorce lawyer protects your rights and helps secure your future by thoroughly examining every detail in your final document, thereby allowing you to begin a new, secure chapter of your life.]]>On Behalf of Michael B. Suffness, P.C.<![CDATA[Addressing transition times in a parenting plan ]]>https://www.suffness.com/?p=495012025-10-08T16:10:43Z2025-10-08T16:10:43ZA strong parenting plan does more than outline when each parent has time with their children. It also addresses important sources of potential conflict and/or stress. For example, by addressing how transitions between households will occur in a parenting plan, co-parents can minimize certain tensions and create a set of enforceable expectations so that everyone can plan accordingly. Transition protocols help create structure and minimize conflict, especially when parents are adjusting to new routines or a child’s schedule is changing dramatically for one reason or another. Without clear guidance, exchanges can become stressful, confusing and potentially contentious. Setting thoughtful transition protocols in advance can be helpful for these reasons and more.
What works for one family may not be the best approach for another
The first step in creating effective transition protocols is identifying when and where exchanges will happen. Some families find that school drop-offs or pickups make the most sense because they eliminate direct contact between parents. Others prefer a neutral location such as a park, police station or a trusted relative’s home. The goal is to choose a setting that feels safe, comfortable and predictable.Timing is also an important consideration. Clearly stating the day and time that transitions occur can help to prevent misunderstandings and late arrivals. For example, specifying that the exchange takes place at 5:00 p.m. on Fridays rather than “Friday evening” leaves less room for confusion. Some parenting plans also include language about what happens if one parent is running late or if unexpected events, like bad weather or illness, make the regular protocol for an exchange unusually difficult.Transition protocols should also address emotional preparation. Children often need time to adjust when moving between two homes. Parents can support them by maintaining consistent routines and by communicating calmly and positively about a transition. Avoiding negative talk about the other parent and keeping personal disagreements out of earshot can make exchanges less stressful for everyone. Parents might also agree to use communication tools like parenting apps to handle logistical updates without confrontation. When transition protocols are handled thoughtfully, they create predictability and stability that benefit both children and parents. Working with an experienced legal team can help ensure that these details are carefully drafted and enforceable, creating a parenting plan that supports a healthy co-parenting relationship over the long term. ]]>