Common Law Divorce in Texas: What Counts? | Fort Worth

Common Law Divorce in Texas: What Counts? | Fort Worth

Could you be married without ever having a wedding? In this episode, we dig into one of the most misunderstood areas of Texas family law: common law (informal) marriage — and what it takes to end one. We start by busting the biggest myth in the state (no, there is no "7-year rule"), then walk through the three-part legal test: a present agreement to be married, living together as spouses in Texas, and "holding out" — representing yourselves to others as married. Secret marriages don't qualify. From there, we cover the part that catches people off guard: if a common law marriage exists, ending it requires a formal divorce, with full community property division and custody orders just like any ceremonial marriage. We close with the battle of proof — the burden falls on the party claiming the marriage existed, and we explain the factual evidence courts look for, plus how to navigate the legal maze when one partner denies the relationship was ever a marriage at all. If you've been living with a partner in Texas, this episode answers a question you might not have realized you needed to ask: are you unknowingly accumulating community property? The Law Office of Bryan Fagan, PLLC serves families across Texas. Schedule a consultation at bryanfagan.com/schedule or call our Fort Worth office at 817-406-7230. You Don't Have to Go Through This Alone.

CPS Investigations in Texas: The 5 Phases | Fort Worth

Few things terrify a parent like an unexpected visit from Child Protective Services. In this episode, we walk through the entire Texas CPS case process in five phases — starting with how an investigation actually begins: priority levels, background checks, interviews, and the home visit. From there, we cover the rights every parent has during an investigation (including what you're not required to consent to), how Family-Based Safety Services can keep children in the home, and what happens if the department moves to legal removal. We close with the court timeline every parent needs to know cold — the Day 1 emergency hearing, the adversary hearing at 14 days, status and permanency hearings, and the final trial around the one-year mark — plus why missing even one hearing can jeopardize your parental rights. If CPS has contacted your family anywhere in Texas, this episode gives you the roadmap to respond from a position of knowledge, not fear. The Law Office of Bryan Fagan, PLLC defends parents in CPS cases across Texas. Schedule a consultation at bryanfagan.com/schedule or call our Fort Worth office at 817-406-7230. You Don't Have to Go Through This Alone.

Asset Division in a Texas Divorce Explained | Fort Worth

Who gets the house, the 401(k), the business? In this episode, we walk through how asset division really works in a Texas divorce — starting with the two buckets every asset falls into: community property and separate property. We cover the community property presumption (and why the burden of proof falls on you), the "danger zone" of commingling funds, and how tracing works when separate property has changed form over the years. Then we get into the part most people misunderstand: Texas courts don't automatically split things 50/50 — they divide the community estate in a manner that's "just and right," weighing factors like earning capacity, fault, and the needs of the children. Whether you're in Fort Worth, Tarrant County, or anywhere in Texas, this episode gives you the framework — and the documentation checklist — to protect what's yours. The Law Office of Bryan Fagan, PLLC serves families across Texas. Schedule a consultation at bryanfagan.com/schedule or call our Fort Worth office at 817-406-7230. You Don't Have to Go Through This Alone.

The Texas Alimony Myth, Dispelled | Fort Worth

Ask ten Texans about alimony and you'll get ten confident answers — most of them wrong. In this episode, we dispel the Texas alimony myth once and for all, starting with the fact that surprises almost everyone: the word "alimony" doesn't actually appear in the Texas Family Code. What Texas has is spousal maintenance under Chapter 8 — and it looks nothing like the Hollywood version people absorb from celebrity headlines, where a lifetime of big monthly checks follows every divorce. The Texas reality is far narrower. Eligibility is strict: generally a marriage of at least ten years paired with a genuine inability to meet your minimum reasonable needs, or circumstances like family violence or a disabling condition. Even when a court orders it, the amounts are capped — the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income — and the duration is limited by statute based on the length of the marriage. It's a bridge to independence, not a permanent income stream, which is exactly why so many claims that assume otherwise get rejected. Then we cover the path most people never hear about: contractual alimony, the negotiated agreement between spouses that isn't bound by the statutory caps and is enforced as a contract — often the more flexible tool in settlement. We bring it home to Fort Worth and Tarrant County: what local courts expect, why documentation decides these cases, and how to know which path fits your situation before you build your divorce strategy on a myth. For spouses in Fort Worth and across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.

Conservatorship & Adoption in Texas Explained | Fort Worth

What does "custody" actually mean in Texas? Not what most people think — and in this episode, we trace the entire arc of Texas family law from conservatorship basics all the way to a finalized adoption. We start with the term that surprises every parent: Texas law doesn't say custody, it says conservatorship — the legal framework of rights and duties over a child's education, medical care, and residence. We break down the tiers: sole managing conservatorship (exclusive decision-making and primary residence), joint managing conservatorship (shared rights, with one parent typically designating the primary residence), and possessory conservatorship. Then we follow what happens when the state steps in: the CPS timeline from emergency removal — with or without an ex parte order — through the SAPCR filing, the hearing before a judge, and a grant of temporary managing conservatorship, and how long-term placements become permanent managing conservatorship, often with relatives like grandparents. From there, we cover the most serious step in family law: terminating parental rights — severing the bond — and the crucial distinction between a PMC arrangement, where birth parents retain some rights like visitation, and adoption, which is a complete legal severance creating a new permanent bond. Finally, we walk the adoption steps in order: termination of prior parental rights, strict criminal background checks, the rigorous home study evaluation, and the final hearing where the judge officially grants the adoption decree. Through it all runs the guiding principle of the Texas Family Code: the best interest of the child. For families in Fort Worth, Tarrant County, and across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.