Name Changes, Protective Order, Common Law Marriage
Name Changes
How can I change the name of my minor child?
A parent, managing conservator, or guardian may file a petition to change the child's name in the county where the child resides. If the child is 10 years or older, the child’s written consent must be attached to the petition. The filing fees differ for each county, but range from approximately $200 to $250 dollars. A citation must also be issued and served to any parent, managing conservator, or guardian of the child whose rights have not been terminated.
How do I change my name if I am an adult?
As part of the divorce, you may change your name. Your divorce decree is the order changing your name and will have to be presented to the Social Security and DMV in order to change your name on official documents. Some counties offer a "Change of Name Certificate" which is a one page documents reflecting your name change, which is much easier to use than a forty page divorce decree.
If you do not have a divorce decree to change your name, you may file for a name change in the county of your residence. A set of fingerprints suitable for the FBI and DPS must be included with the petition. You can have your fingerprints taken at your local police department, just be sure to call ahead to find out what times they do fingerprints and what the fee is, if any.
There are some limitations on changing your name if you have been convicted of any criminal offense above a traffic ticket or if you have filed bankruptcy. Speaking with an attorney would be advisable if you have any questions about your eligibility to file for a name change.
Protective Orders
What is a protective order?
A protective order is a civil court order that is designed to stop an abuser from continuing acts of violence, threatening, harassing, or stalking. A judge can create various conditions of a protective order, such as to leavea residence, pay child support, attend counseling, and/or not possess a firearm. Abusers who violate a protective order can be fined, arrested, or both.
Who is eligible for a protective order?
Victims of family violence are eligible for a protective order. In Texas, “family violence” means an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defense measures to protect oneself. An application for a protective order may be filed by an adult member of the dating relationship or any adult may apply for a protective order to protect a child from family violence.
How do you obtain a protective order?
The first step is to complete an application which may be obtained through the office of the county or district attorney, a private attorney, or a legal aid program. The application must be filed in either the county where the victim lives or the county where the offender lives and the applicant’s address can be kept confidential.
How much does a protective order cost?
Applying for a protective order is free. However, if the applicant
chooses to use a private attorney for assistance, the applicant may still have to pay for the attorney’s time in assisting with the protective order. In this case, the court can order a respondent who has committed family violence to pay the private attorney’s fees.
How long does a protective order last?
If the court determines there is a real threat of immediate family violence, the court may issue a temporary ex parte order that is valid for up to 20 days. A final hearing will then be set, usually no more than 14 days after the application is submitted. At this hearing, the court will decided to grant a final protective order, which if granted may be effective for up to two years. A new protective order can also be requested if the earlier protective order is set to expire within 30 days.
Common law marriage information
What exactly is a Common-Law Marriage?
Common-Law Marriage, or informal marriage, is a real marriage in which parties are legally entitled to all the same property rights as a traditional marriage in the State of Texas. The parties to a common-law marriage must meet the same personal requirements as those seeking to establish a ceremonial marriage: they must be of the opposite sex, of legal age, posses no legal disqualifications, such as those of kinship or existing marriage.
How Do I Know if I Have a Common-Law Marriage?
In order to have a common-law marriage, there must be (1) an agreement to be husband and wife, (2) you must be living together as husband and wife, and (3) holding each other out to the public as husband and wife.
Do I Have to Get a Divorce if I have a Common-Law Marriage?
Once a common-law marital status exists, it, like any other marriage, it can only be terminated by death or court order. Once the marriage exists, the spouses' later denials of the marriage, do not undo the marriage.
However, if a court proceeding to prove a marriage is not begun within two years after the parties cease living together, it is presumed that they did not enter into an agreement to be married. Once the second anniversary of the date of the separation, common-law divorce has been created and no legal process to dissolve the “marriage” is necessary.
How Do I Prove I’m in a Common-Law Marriage?
Proof of common-law marriage may be shown by the conduct of the parties, or by such circumstances as their addressing each other as husband and wife, acknowledging their children as legitimate, joining in conveyances as spouses, and living together. Typical documents presented in these types of cases include leases signed as husband and wife, tax returns filed jointly as a married couple, and insurance policies listing one person as the other person's spouse.
How Can I Make My Common-Law Marriage Equivalent to a Ceremonial Marriage?
You can make a declaration of informal marriage at the County Clerk’s Office.