Jury duty is a civic responsibility to ensure that the judicial system operates fairly and justly by allowing citizens to participate in the legal process, evaluate evidence, and make impartial decisions on the guilt or innocence of individuals on trial (if it’s a criminal trial) or on the outcome of a dispute (if it’s a civil trial). However, for many, the prospect of serving on a jury can be daunting or disruptive to daily life, and they will try to find ways to get out of it.

In Texas, there are a few legitimate reasons that can excuse you from jury duty—and there are also some things you can say or do that will likely get you dismissed from the jury pool. In this article, we will discuss the various ways to get out of jury duty in Texas because the reality is that if you really don’t want to be on the jury, then you aren’t going to make a good juror anyway.

Before we dive in, please take a moment to watch this video by Board Certified Criminal Defense Attorney Benson Varghese.

Understanding Jury Duty in Texas

Before we discuss how to get out of jury duty in Texas, let’s first understand what it entails. Jury duty in Texas is a civic responsibility where citizens are called upon to serve as jurors in trials. Here are the key aspects of jury duty in Texas:

1. Selection process: Potential jurors are randomly selected from voter registration lists and driver’s license records.
2. Eligibility: To serve as a juror in Texas, you must be at least 18 years old, a U.S. citizen, a resident of the county where you’re summoned, qualified to vote in that county, and not a convicted felon.
3. Duration: Jury duty typically lasts about one week, although most jurors complete their service in a day or a fraction of a day.
4. Civic importance: Jury service is considered both a duty and a privilege, as it helps protect the constitutional right to an impartial jury and keeps the administration of justice aligned with community standards.
5. Exemptions: While not required, individuals may choose to be excused from jury duty if they are over 75 years old, have legal custody of a child under 12 without adequate supervision, or are full-time students.
6. Hardship excuses: The judge may hear and consider reasonable excuses for personal hardships, though economic reasons generally require approval from all parties involved.
7. Payment: Jurors are typically paid for their service. For example, in some counties, jurors receive $7.50 for the first day and $40 for each additional day of service. In Tarrant County, jurors are reimbursed $20 for the first day of jury service and $58 per day thereafter.
8. Reporting: When summoned, jurors must report to the designated courthouse or jury assembly room as instructed in their summons.
9. Legal obligation: Failure to comply with a jury summons can result in fines ranging from $100 to $1000.
10. Attire: Casual clothing or work uniforms are generally acceptable for jury duty.

Types of Jury Trials in Texas

In Texas, jurors may serve on criminal or civil trials across various courts, each with its specific jurisdiction and types of cases. Here are the primary kinds of trials where jurors may be called to serve:

Criminal Trials

• Definition: These involve cases where a person (the defendant) is accused of committing a crime.
• Process: The state, represented by the district or county attorney, must prove the defendant’s guilt “beyond a reasonable doubt.” Jurors must consider all evidence and determine the defendant’s guilt or innocence.
• Examples: Cases can range from misdemeanors to felonies, including theft, assault, and more serious crimes, such as sexual assault or murder.

Civil Trials

• Definition: These involve disputes between two or more parties, typically over money or property.
• Process: The jurors must evaluate the evidence and testimony to resolve questions of disputed facts. The answers to these questions form the verdict.
• Examples: Cases can include contract disputes, personal injury claims, family law matters, and property disputes.

Types of Courts

Jurors can be summoned to serve in any of the following courts, each handling specific types of cases:

• District Courts: Handle serious criminal cases, large civil cases, and family law matters.
• Constitutional County Courts: Deal with less severe criminal and civil cases.
• Statutory County Courts at Law: Handle a variety of civil and criminal cases, often with specialized jurisdiction.
• Statutory Probate Courts: Focus on matters related to wills, estates, and guardianships.
• Justice of the Peace Courts: Handle small claims, Class C (fine-only) criminal misdemeanors, and other minor civil matters.
• Municipal Courts: Oversee Class C misdemeanors and municipal ordinance violations.

Legal Grounds for Exemption from Jury Duty in Texas

Jury duty is a cornerstone of the American judicial system, ensuring that peers from the community participate in legal proceedings. However, not everyone is able to fulfill this civic responsibility. Texas law recognizes that certain circumstances can make serving on a jury challenging or impossible. Whether due to age, caregiving responsibilities, or other significant factors, several legal grounds exist for exemption from jury duty in Texas. Here are the most common reasons you might be excused:

1. Age: If you are over 70 years old, you can request an exemption.
2. Primary Caregiver: If you are the primary caregiver for a child under 12 or an invalid person and your absence would leave them without adequate supervision.
3. Students: Full-time students enrolled in an accredited institution can be exempt.
4. Active Military Duty: Members of the military on active duty and deployed away from their home county can be excused.
5. Medical Conditions: If you have a physical or mental impairment that makes it impossible for you to serve, you can provide a doctor’s note for exemption.

Other Valid Excuses

While the above are statutory exemptions, other circumstances might also qualify you for excusal or deferral:

1. Financial Hardship: If serving on a jury would cause significant financial hardship, you may be excused. Be prepared to provide documentation or evidence of your situation.
2. Prior Jury Service: If you have served on a jury within the last two to three years, you may be eligible for exemption.
3. Non-Residency: If you no longer reside in the county where you were summoned, you can be excused.

Steps to Request an Exemption

1. Review Your Summons: Carefully read the instructions on your jury summons. It will outline the process for requesting an exemption or deferral.
2. Submit a Written Request: Most counties require a written request for exemption. Include your reason and any supporting documentation.
3. Attend Court if Required: In some cases, you may need to appear in court to explain your request in person.

How to Not Get Picked for a Jury in Texas

Serving on a jury is a civic duty many people are called to perform. However, there are circumstances where you might not want to be selected. If you are trying to avoid being picked for a jury in Texas, here are some strategies that might help:

1. Express Potential Bias

During jury selection, attorneys on both sides are looking for impartial jurors. You might be dismissed if you express any potential biases or preconceived notions. For instance, you could mention that you:

• Can’t Be Fair: Clearly state that you have a strong opinion about the case or the parties involved, making it difficult for you to remain impartial.
• Have Life Experience That Prevents You from Considering the Evidence Fairly: Explain that personal experiences, such as being a victim of a similar crime or having a close relationship with someone involved in the case, would hinder your ability to objectively evaluate the evidence.

2. Show Reluctance or Disinterest

While it’s important to be honest, showing a lack of enthusiasm for jury service might influence the attorneys’ decision. You could possibly get out of jury duty if you:

• Appear Uninterested: Displaying disinterest or reluctance to participate may suggest that you won’t be an attentive juror.
• State Inconvenience: Highlight any personal or professional reasons why serving on a jury would be a significant inconvenience for you.

3. Question the Legal System

If you question the fairness or effectiveness of the legal system, it might signal to the attorneys that you are not an ideal juror. You might get out of jury duty if:

• Express Doubts About the Legal System: Mention your skepticism about the justice system or law enforcement, which could suggest you might not follow the court’s instructions or be biased against one side.

4. Medical or Financial Hardship

You can be excused from jury duty for valid medical or financial hardships. You should:

• Present Medical Documentation: Provide evidence of a medical condition that makes it difficult for you to serve.
• Describe Financial Hardship: Explain how serving on a jury would cause significant financial strain, especially if you are self-employed or do not receive paid leave from your job.

5. Personal Beliefs

Certain personal beliefs might make you unsuitable for jury service. For example, if you:

• Oppose the Death Penalty: In capital cases, if you have strong beliefs against the death penalty, you may be dismissed.
• Have Strong Religious Beliefs: If your religious beliefs prevent you from sitting in judgment of others, you can express this to the court.

While serving on a jury is an important responsibility, there are legitimate reasons and strategies that might lead to your dismissal from jury duty. It’s essential to be honest and respectful when explaining your situation or expressing your concerns during the jury selection process.

The Process for Challenging a Juror in Texas

In Texas, “challenging a juror” means that an attorney requests the removal of a potential juror from serving on a jury for a particular trial. This process ensures that the jury is impartial and fair. Attorneys can use two primary types of challenges to dismiss a juror. Here’s an overview overview of the process:

Types of Challenges

• Challenges for Cause: These are used when there are statutory grounds to disqualify a juror, such as bias, interest, or medical impairment. Challenges for cause can be made during or after voir dire and must be based on statutes governing juror qualifications. Grounds for challenges for cause include bias, inability to follow the law, or any other statutory disqualification. There is no limit to the number of challenges for cause.
• Peremptory Challenges: These allow attorneys to dismiss a juror without providing a reason. The number of peremptory challenges varies by case type: up to 15 in death penalty cases, 10 in felony and non-death penalty capital cases, and fewer for misdemeanor offenses. However, peremptory challenges are limited by the Batson challenge, which prevents discriminatory use based on race, ethnicity, or gender.

Process

During voir dire, attorneys question potential jurors to identify biases or disqualifying factors. If grounds for a challenge for cause are found, the attorney presents this challenge to the judge, who decides whether to grant it. Peremptory challenges are typically exercised after challenges for cause.

Timing

Challenges must be made before the jury is sworn in. Some judges may specify when they will address for-cause challenges.

Hearing

When a challenge is made, the court promptly hears evidence and decides whether to sustain it.

Outcome

If a challenge to the array (the entire panel) is sustained, the court will summon new jurors.

By understanding and following this process, attorneys can work to ensure an impartial jury for their clients in Texas courts.

Consequences of Ignoring a Jury Summons

Even if you don’t want to be on a jury, ignoring a jury summons is not advisable. Failing to respond or appear can result in fines or other penalties. It’s always best to address your summons promptly and follow the legal procedures for requesting an exemption.

Some potential consequences of ignoring a jury summons include:

• Fines: In Texas, failure to appear for jury duty can result in a fine of up to $1,000. Under Texas law, specifically Section 62.0141 of the Government Code, the court can impose a fine ranging from $100 to $1,000 for failing to respond to a jury summons
• Contempt of Court: If you disregard a court summons or fail to show up for jury duty without valid reason, the court may hold you in contempt. This can lead to additional fines and even jail time.
• Warrant for Arrest: If you repeatedly ignore jury summonses, the judge may issue a warrant for your arrest. This could result in being taken into custody and brought before the court.

Jury Duty Requires Attention & Commitment

While jury duty is a crucial part of our justice system, Texas law recognizes that there are valid reasons why someone might be unable to serve. If you believe you qualify for an exemption, following the correct procedures and providing the necessary documentation is essential. If you want to get out of jury duty because it’s inconvenient or boring, then you probably won’t make a good juror anyway, as being a juror requires commitment, attention, and impartiality.

If you are selected, it is important to embrace the role with a sense of civic duty. However, if serving truly presents a hardship or significant inconvenience, be honest and forthright about your situation during the selection process. The court values transparency and will carefully consider valid reasons for exemptions.

Remember, participating in jury duty is a valuable opportunity to contribute to the justice system and ensure fair trials. Your role as a juror is vital to upholding the principles of justice and democracy.

At Varghese Summersett, we understand the challenges of jury duty and appreciate those who serve. We know this is a commitment you didn’t ask for, but your service helps ensure that justice is served in our community.

Being served divorce papers can be an overwhelming and emotionally charged experience. For decades, our lawyers have helped individuals in Fort Worth and throughout Tarrant County through this difficult process. While every situation is unique, some key steps and considerations apply in most cases when responding to a divorce petition. This comprehensive guide will walk you through the process and provide practical advice on protecting your interests and navigating this challenging time.

Don’t Panic – Take a Deep Breath

The moment you’re handed divorce papers, it can feel like the ground is falling out from under you, even if you knew it was coming. The natural response is often panic, anger, or despair. However, it’s crucial to stay as calm and level-headed as possible. Remember, being served means the legal process is beginning – it doesn’t determine the outcome.

Take a deep breath, and know you have time to respond thoughtfully with the guidance of an experienced divorce lawyer.

Read the Petition Carefully

Once you’ve collected yourself, sit down and read through the divorce petition in its entirety. Pay close attention to:

• The grounds for divorce cited. In Texas, most divorces cite insupportability rather than a more specific basis.
• Any temporary orders requested;
• Child custody and support proposals;
• Division of assets and debts;
• Spousal support requests; and
• Deadlines for responding.

Make notes of anything you disagree with or find concerning. This will help you discuss the petition more effectively with your attorney.

Be Mindful of Deadlines After Being Served Divorce Papers

In Texas, you generally have 20 days from the date you were served to file a response with the court. This is called your “Answer.” While you may be able to get an extension in some cases, it’s best not to delay. Missing this deadline could result in a default judgment against you, meaning your spouse could be granted everything they’ve requested in the petition.

Contact an Experienced Family Lawyer

Remember that the next steps, including gathering documents and formulating the best responses and getting ready for a preliminary hearing and temporary orders all need to be done with the assistance of an experienced family lawyer. This is the best time to reach out for a consultation and hire an attorney to be your advocate and advisor.

An experienced divorce attorney can:

• Explain your rights and options
• Help you understand the likely outcomes of various approaches
• Ensure your response is properly filed and legally sound
• Negotiate on your behalf with your spouse’s attorney
• Represent you in court if necessary

When choosing an attorney, look for someone with extensive experience in family law, a track record of success, and a communication style that makes you feel comfortable and heard.

Secure Important Documents

As soon as possible, gather and secure important financial and personal documents. This includes:

• Tax returns
• Bank statements
• Investment account information
• Retirement account statements
• Mortgage documents
• Vehicle titles
• Life insurance policies
• Social Security statements
• Birth certificates and marriage license

Having these documents readily available will be crucial for your attorney and protecting your interests as the divorce proceeds. The more of this you have together before your consultation, the better. But this is where you should start immediately after hiring an attorney if you have not already gathered this information. Depending on several factors, the attorney will also tell you what other information you may need to gather.

Decide on Your Approach

Based on the circumstances of your marriage and divorce, as well as your goals, you and your attorney will need to decide on an overall approach to your response. This could range from an amicable, cooperative stance focused on mediation and negotiation, to a more aggressive posture if your spouse is being unreasonable or if there are serious disputes over child custody or significant assets. Our deep bench makes it possible for us to pair you with just the right attorney for your needs.

Filing an Answer

Your formal response to the divorce petition is called an Answer. This document should address each point raised in the petition, either admitting, denying, or stating that you lack sufficient information to admit or deny each claim. Your Answer may also include:

• Counterclaims if you disagree with aspects of the petition
• Affirmative defenses if applicable
• Requests for temporary orders if needed

Your attorney will draft this document, but it’s important that you review it carefully and ensure it accurately reflects your position.

Consider Temporary Orders

Temporary orders can address crucial issues while the divorce is pending, such as:

• Who will live in the family home
• Temporary child custody and visitation schedules
• Temporary child support or spousal support
• Who will pay which bills
• Restrictions on selling or transferring assets

If your spouse has requested temporary orders, you’ll need to respond to these. If they haven’t, you may want to request them yourself. These orders can provide stability and protect your interests during the divorce process.

Prepare Financial Disclosures

In most divorces, both parties are required to provide detailed financial disclosures. This typically includes a sworn inventory and appraisement listing all assets and debts, along with supporting documentation. Be thorough and honest in these disclosures. Hiding assets or providing false information can severely damage your case and may result in penalties from the court.

Develop a Parenting Plan

If you have children, one of the most critical aspects of your divorce will be determining custody and visitation arrangements. Start thinking about what kind of parenting plan would be in your children’s best interests. Consider factors like:

• Each parent’s work schedule
• The children’s school and extracurricular activities
• Each parent’s ability to care for the children
• The children’s relationships with extended family members
• Any special needs the children may have

Remember, Texas courts prioritize the best interests of the child above all else when making custody decisions.

Mediation

Many Texas courts require couples to attempt mediation before taking their divorce to trial. Even if it’s not required, mediation can be a valuable tool for resolving disputes and reaching agreements on various aspects of your divorce. It’s often less costly and time-consuming than litigation, and it gives you more control over the outcome. Discuss with your attorney whether mediation might be appropriate in your case.

Protect Your Privacy

Be cautious about what you share on social media or with friends and family regarding your divorce. Anything you say or post could potentially be used against you in court. It’s generally best to limit discussions about your divorce to your attorney and perhaps a trusted therapist or counselor.

Take Care of Yourself

Divorce is one of life’s most stressful experiences. While it’s important to focus on the legal aspects, don’t neglect your physical and emotional health. Consider seeing a therapist to help process your emotions. Maintain healthy habits like regular exercise, a balanced diet, and adequate sleep. Lean on your support network of friends and family. Taking care of yourself will help you make better decisions and cope with the challenges ahead.

Be Prepared for Negotiations

As your case progresses, there will likely be negotiations with your spouse’s attorney over various issues. Be prepared to prioritize what’s most important to you and where you might be willing to compromise. Your attorney can guide you on what’s reasonable to expect based on Texas law and the specific circumstances of your case.

Consider the Long-Term Impact

When making decisions during your divorce, try to think beyond the immediate future. Consider how choices about property division, spousal support, or custody arrangements might affect you 5, 10, or 20 years down the road. This long-term perspective can help you make more informed decisions.

Be Realistic About Outcomes

It’s rare for either party to get everything they want in a divorce. Texas is a community property state, which generally means a 50/50 split of marital assets, though there can be exceptions. Child custody is typically shared unless there are compelling reasons for one parent to have sole custody. Understanding these realities can help you set realistic expectations and focus your energy on achievable goals.

Keep Communication Professional

If you need to communicate with your spouse during the divorce process, keep it businesslike and focused on necessary issues, especially if you have children together. Avoid rehashing old arguments or making accusations. If direct communication is difficult, consider using a co-parenting app or communicating through your attorneys.

Be Prepared for Court

While many divorces are settled out of court, you should be prepared for the possibility of a trial. This might involve:

• Giving depositions
• Responding to discovery requests
• Preparing exhibits and witness lists
• Testifying in court

Your attorney will guide you through this process and help you prepare thoroughly if a trial becomes necessary.

Consider the Tax Implications

Divorce can have significant tax consequences, particularly regarding property division, spousal support, and child-related tax benefits. Consult with a tax professional or ask your attorney to bring in a tax expert to ensure you understand the tax implications of various settlement options.

Plan for Your Post-Divorce Life

As your divorce progresses, start thinking about and planning for your life after divorce. This might involve:

• Creating a new budget based on your changed financial situation
• Finding new housing if necessary
• Updating your estate plan and beneficiary designations
• Considering career changes or additional education
• Developing new routines and traditions, especially if you have children

Conclusion

Responding to divorce papers is just the beginning of what can be a complex and emotionally challenging process. By taking a thoughtful, strategic approach and working with an experienced divorce attorney, you can protect your rights and interests while working towards the best possible outcome for yourself and your children. Remember, while divorce marks the end of a marriage, it’s also the beginning of a new chapter in your life. With proper preparation and support, you can navigate this transition and emerge stronger on the other side.

Varghese Summersett is a board-certified family law attorney practicing in Fort Worth, Texas. With over two decades of experience in divorce and family law matters, he is committed to helping clients navigate the complexities of divorce with compassion and skilled advocacy.

Navigating child custody can be particularly challenging for fathers. Despite evolving societal norms, many fathers feel disadvantaged in custody disputes. There’s a common misconception that Texas law favors mothers. This misconception about child custody for fathers is so prevalent that we have pointed directly to the statutory authority in each section of this article to help you address it. This guide aims to provide valuable insights and practical advice for fathers seeking custody in Texas, emphasizing the importance of paternal involvement in children’s lives.

Understanding Child Custody in Texas

Types of Custody: Legal and Physical

In Texas, custody is referred to as “conservatorship” and is categorized into legal and physical custody:

• Legal custody (conservatorship): The right to make important decisions about the child’s upbringing, including education, healthcare, and religious instruction.
• Physical custody (possession): Determines where the child will live and the visitation schedule.

Statutory basis: Texas Family Code, Title 5, Subtitle B, Chapter 153, Subchapter C

Joint Managing Conservatorship vs. Sole Managing Conservatorship

Texas law favors Joint Managing Conservatorship (JMC), where both parents share decision-making responsibilities. Sole Managing Conservatorship (SMC) is granted when one parent is given exclusive rights to make significant decisions for the child, often due to the other parent’s inability to provide a stable environment.

Statutory basis: Texas Family Code Section 153.131

Common Misconceptions About Father’s Rights in Child Custody

Debunking the “Mother Bias” Myth

A prevalent myth is that courts favor mothers in custody cases. However, Texas law mandates equal consideration for both parents, focusing on the child’s best interest rather than gender.

Statutory basis: Texas Family Code Section 153.003

Equal Rights for Both Parents Under Texas Law

Texas law ensures that both parents have equal rights and opportunities in custody disputes. Fathers are entitled to pursue custody and visitation rights on an equal footing with mothers.

Statutory basis: Texas Family Code Section 153.003

Factors Affecting Child Custody Decisions in Texas

Best Interest of the Child Standard

The primary consideration in custody decisions is the best interest of the child. Courts evaluate various factors to ensure the child’s well-being, as outlined in the landmark case Holley v. Adams.

Statutory basis: Texas Family Code Section 153.002

Parental Fitness and Ability to Provide

Courts assess each parent’s fitness and ability to provide for the child’s needs, evaluating factors such as:

• Mental and physical health
• Financial stability
• Overall ability to create a nurturing environment

Statutory basis: Texas Family Code Section 153.134

Child’s Preference (If Applicable)

In Texas, a child 12 years or older may express their preference regarding which parent they wish to live with. However, this is not the sole determining factor in custody decisions.

Statutory basis: Texas Family Code Section 153.009

History of Domestic Violence or Substance Abuse

Any history of domestic violence or substance abuse can significantly impact custody decisions. Texas law mandates that courts consider evidence of domestic violence or abuse when determining conservatorship and possession.

Statutory basis: Texas Family Code Section 153.004

Getting Sole Managing Conservatorship as a Father

In Texas, it is challenging for any parent to get Sole Managing Conservatorship, so that’s true for fathers as well. Here are some key factors and circumstances that may lead to a father being awarded SMC:

Evidence of Abuse or Neglect

If there is evidence that the other parent has abused or neglected the child, the court may consider granting SMC to the father. This includes physical, emotional, or sexual abuse, and neglect of the child’s basic needs.

Substance Abuse Issues

If the other parent has a history of substance abuse that affects their ability to care for the child, the court may favor the father for SMC. This includes alcohol or drug abuse that endangers the child’s welfare.

Domestic Violence

A history of domestic violence by the other parent is a significant factor. The court prioritizes the child’s safety and may grant SMC to the father to protect the child from potential harm.

Mental Health Concerns

If the other parent has severe mental health issues that impair their ability to care for the child, the court may consider awarding SMC to the father. This includes untreated mental illnesses that affect parenting capabilities.

Parental Absence or Uninvolvement

If the other parent is consistently absent from the child’s life or shows a lack of involvement and interest in the child’s upbringing, the court may grant SMC to the father.

Child’s Preference

If the child is 12 years or older and expresses a clear preference to live with the father, the court may consider this preference, especially if it aligns with the child’s best interests.

Parental Cooperation and Ability to Co-Parent

If the father demonstrates a higher capacity for co-parenting and cooperation compared to the other parent, the court may favor SMC for the father. This includes willingness to facilitate the child’s relationship with the other parent and overall parental cooperation.

Challenges in Obtaining Sole Managing Conservatorship

While the above factors can support a case for SMC, obtaining SMC can still be difficult due to several reasons:

High Burden of Proof

The father must provide substantial evidence to support claims of abuse, neglect, substance abuse, or other relevant factors.

Preference for Joint Custody

Texas courts prefer joint custody arrangements to ensure the child maintains a relationship with both parents.

How Fathers Can Improve Their Custody Case

Establishing Paternity

Establishing legal paternity is crucial for fathers seeking custody. This can be done through a voluntary acknowledgment or court order.

Maintaining Active Involvement in the Child’s Life

Active and consistent involvement in the child’s life is vital. Regular visitation, attending school events, and participating in extracurricular activities demonstrate commitment and strengthen the custody case.

Documenting Parenting Time and Contributions

Keeping detailed records of parenting time, financial contributions, and other forms of support can provide valuable evidence in custody proceedings.

Creating a Suitable Living Environment

Ensuring a stable and safe living environment is essential. Fathers should provide adequate housing, ensure the child’s needs are met, and maintain a clean and child-friendly home.

Recent Changes in Texas Family Law Affecting Fathers’ Rights

Landmark Supreme Court of Texas Cases

In re C.J.C. (2020)

In this landmark case, the Supreme Court of Texas unanimously upheld the constitutional rights of fit parents. The court ruled in favor of a biological father who was fighting for custody against his deceased ex-partner’s fiancé. Key points from this ruling include:

• The court held that when a fit parent’s rights are challenged by a non-parent, the “best interest” analysis must include the presumption that a fit parent acts in the child’s best interest.
• This decision reinforced the rights of biological parents over non-relatives in custody disputes.
• The ruling garnered national attention due to its important constitutional implications for parents in Texas.

Legislative Updates

Texas 82nd Regular Session – SB 785

This law, which came into effect after September 1, 2012, addresses paternity issues:

• It allows men who have been ordered to pay child support without genetic testing to request such testing to determine if they are the biological father.
• Men must file a petition to determine genetic parentage within one year of becoming aware of facts indicating they may not be the child’s genetic father.

Current Legal Landscape for Fathers’ Rights in Texas

Texas law now emphasizes equal footing for fathers and mothers in custody, support, and decision-making for their children. Key aspects include:

• Fathers have the same legal rights as mothers regarding care, custody, and welfare of their children.
• Courts aim for conservatorship arrangements that provide frequent and continuing contact with both parents.
• Fathers can be appointed as sole or joint managing conservators.
• The state recognizes various ways to establish paternity, including presumption through marriage, voluntary acknowledgment, or legal proceedings.

Implications for Fathers

These developments have significant implications for fathers in Texas:

• Equal Consideration: Courts are required to give equal consideration to fathers and mothers in custody decisions.
• Protection of Fit Parents’ Rights: The Supreme Court rulings reinforce the rights of fit biological parents over non-relatives in custody disputes.
• Paternity Challenges: Fathers now have a legal pathway to challenge paternity if they suspect they are not the biological father.
• Stricter Standards in Drug-Related Cases: The court’s interpretation of “endangerment” means fathers struggling with substance abuse may face stricter scrutiny in custody cases.
• Emphasis on Active Involvement: Fathers demonstrating active involvement in their children’s lives are more likely to secure favorable custody and visitation outcomes.

How Our Fort Worth Family Law Attorney Helps Fathers

Fathers play a vital role in their children’s lives, and asserting their rights in custody disputes is essential. Understanding Texas family law and seeking legal counsel can significantly improve the chances of a favorable outcome. If you are a dad who is fighting for custody of your child in Tarrant County, reach out. We can help. Call 817-203-2220 to schedule a consultation with an experienced North Texas family lawyer.

Lessons from the Momoa-Bonet Divorce – for Texans

Jason Momoa and Lisa Bonet’s divorce became final last week. People often wonder how a non-celebrity divorce compares to a celebrity divorce. There are also good lessons for anyone going through a high-profile divorce. In this article, we will take a look at the Momoa-Bonet for lessons about the divorce process itself. As Texas divorce lawyers, we’ll be discussing how the process would work in Texas.

Momoa-Bonet Origin Story

Jason Momoa and Lisa Bonet are both well-known actors in Hollywood, with Momoa gaining widespread fame for his roles in “Game of Thrones” and as Aquaman in DC films, while Bonet is best known for her role as Denise Huxtable on “The Cosby Show” and its spinoff “A Different World.” The couple reportedly met through mutual friends in 2005 at a jazz club in Los Angeles, where they instantly connected and began their relationship.

Timeline of the Momoa-Bonet Divorce

The two reportedly separated on October 7, 2020, their third wedding anniversary, which they announced in January of 2022.

• January 8, 2024 – Lisa Bonet officially files for divorce.
• January 9, 2024 – The terms of the divorce settlement were reached.
• July 9, 2024 – The divorce became final after California’s mandatory six-month waiting period.

Texas Perspective

In Texas, our minimum waiting period for a divorce is 60 days from the date of filing, significantly shorter than California’s six-month rule. However, most Texas divorces take between 6 to 12 months to finalize, depending on the case’s complexity and the level of agreement between parties. It’s worth pointing out that even though the terms of the Momoa-Bonet divorce were agreed upon the day after filing, the mandatory waiting period still had to be followed. The same is true in Texas. Even if you have an uncontested divorce, you have to wait the mandatory 60 days before the court can finalize your divorce.

Settlement Details

The divorce settlement included several key components:

• Child Custody: Joint legal custody of their two children, ages 16 and 15
• Child Support: No formal child support arrangement; agreement to share living expenses
• Spousal Support: Both parties waived rights to spousal support
• Asset Division: Agreed upon division of assets without dispute
• Travel Expenses: The parent traveling with the children is responsible for expenses during trips

Texas Perspective

In Texas, we use the term “conservatorship” instead of custody. Joint managing conservatorship (similar to joint legal custody) is presumed to be in the child’s best interest unless proven otherwise.

While Momoa and Bonet agreed to share expenses without formal child support, in Texas, child support is typically required and calculated based on the non-custodial parent’s income. However, the court may approve a different arrangement if both parties agree and it’s in the children’s best interest.

Spousal support (called “spousal maintenance” in Texas) is less common and has specific eligibility requirements. It’s typically limited in duration and amount.

Asset division in Texas follows community property laws, meaning assets acquired during marriage are typically split 50/50, though courts can deviate for a “just and right” division.

Basis for Divorce

The official reason cited for the divorce was “irreconcilable differences.” In their public statement, the couple alluded to personal growth and societal changes as factors in their decision to separate.

Texas Perspective

In Texas, we use “insupportability” as grounds for divorce, which is similar to California’s “irreconcilable differences.” This is our no-fault option and is the most commonly used ground for divorce in Texas. We also have fault-based grounds such as cruelty, adultery, and abandonment, but these are less common and not necessary to obtain a divorce.

Impact on Children

The divorce settlement prioritized the well-being of their children:

• Joint legal custody ensures both parents have equal say in important decisions
• Shared living expenses without formal child support suggests flexible financial arrangements
• The couple emphasized their commitment to co-parenting and maintaining family bonds

Texas Perspective

Texas courts prioritize the best interests of the child in all decisions. While joint managing conservatorship is common, the specifics of possession schedules and decision-making rights can vary. Texas has standard possession orders, but parents can agree to customize arrangements that better suit their family’s needs.

Navigating a High-Profile Divorce

• Private Resolution: Resolving major issues privately before filing can lead to a smoother, faster process. In Texas, collaborative divorce can be an attractive option to keep things out of the public arena.
• Amicable Approach: Maintaining a cordial relationship can facilitate quicker settlements and better outcomes for children. Of course, we have handled local celebrity divorces that could not be resolved amicably, but it is always worth a discussion if there’s an interest in keeping your name out of the news.
• Flexibility: Some couples find that customizing arrangements (e.g., shared expenses instead of formal child support) works well.
• Legal Preparation: Having all documents and agreements ready before filing can expedite the process.
• Public Handling: For high-profile couples, a joint statement can help manage public perception and protect privacy. Our office is uniquely equipped to handle media coverage with a former Star-Telegram reporter (with hundreds of reporter contacts), ensuring we manage public perception.

Texas Perspective

These lessons apply equally in Texas. While our laws may differ in some respects, the benefits of amicable resolution, thorough preparation, and prioritizing children’s well-being are universal. In Texas, we encourage mediation and collaborative law processes to help couples reach agreements outside of court, which can lead to faster, less expensive, and more satisfactory outcomes.

The Momoa-Bonet divorce demonstrates that even complex, high-profile separations can be handled swiftly and amicably when both parties are prepared and cooperative. Their approach to maintaining family bonds and prioritizing their children’s well-being while allowing for personal growth could serve as a model for others facing similar life transitions, both in California and Texas.

Introduction to Mediated Settlement Agreements

In the realm of Texas family law, a Mediated Settlement Agreement (MSA) is a powerful tool for resolving disputes outside of the courtroom. An MSA is a legally binding contract reached by parties in a family law case with the assistance of a neutral third-party mediator. This agreement outlines the terms and conditions that both parties have agreed upon to settle their disputes, whether they involve divorce, child custody, property division, or other family-related issues.

Definition

A Mediated Settlement Agreement is defined as a written agreement reached through mediation that resolves some or all issues in a family law case. It is signed by each party to the agreement and their attorneys (if represented) and meets specific requirements set forth in the Texas Family Code.

Importance in Texas Family Law

MSAs have become increasingly important in Texas family law for several reasons:

• Efficiency: They often result in faster resolution of disputes compared to litigation.
• Cost-effectiveness: MSAs typically cost less than protracted court battles.
• Control: Parties have more control over the outcome than in a court-imposed judgment.
• Reduced conflict: The collaborative nature of mediation can help preserve relationships, which is particularly important in cases involving children.
• Enforceability: When properly executed, MSAs are difficult to overturn, providing certainty and finality.

Legal Framework

The legal framework for MSAs in Texas is primarily governed by the Texas Family Code. The relevant provisions are found in Sections 6.602 (for divorce cases) and 153.0071 (for suits affecting the parent-child relationship).

Texas Family Code Provisions

Section 6.602 of the Texas Family Code outlines the requirements for MSAs in divorce cases:

• The agreement must be in writing.
• It must be signed by each party to the agreement.
• If the parties are represented by attorneys, the attorneys must sign the agreement as well.
• The agreement must state, in prominently displayed text, that it is not subject to revocation.
• It must be signed by the parties and their attorneys (if any) on the day the mediation concludes.

Section 153.0071 provides similar requirements for MSAs in suits affecting the parent-child relationship, with an additional provision that the agreement is binding on the court unless it finds that the agreement is not in the child’s best interest.

Benefits of Mediated Settlement Agreements

Cost-effective

MSAs can significantly reduce the financial burden of family law disputes. By avoiding lengthy court proceedings, parties can save on attorney fees, court costs, and other litigation-related expenses. Mediation typically takes less time than litigation, which translates to fewer billable hours for attorneys.

Time-saving

The mediation process is often much quicker than litigation. While a contested divorce or custody case can take months or even years to resolve in court, mediation can sometimes reach a resolution in a single day or over a few sessions.

Confidentiality

Unlike court proceedings, which are generally public, mediation is a confidential process. This confidentiality allows parties to discuss sensitive issues openly without fear of public disclosure, leading to more honest and productive negotiations.

Control over outcomes

In mediation, the parties have direct input into the terms of their agreement. This control often leads to more satisfactory and sustainable outcomes compared to court-imposed judgments, as the parties themselves craft solutions that work for their unique situations.

Process of Mediation in Texas Family Law

Choosing a mediator

Selecting the right mediator is crucial to the success of the mediation process. Parties should look for a mediator who:

• Is knowledgeable about Texas family law
• Has experience in mediating similar cases
• Possesses strong communication and negotiation skills
• Is impartial and respected by both parties

Preparing for mediation

Proper preparation is key to a successful mediation. This includes:

• Gathering all relevant financial documents and information
• Identifying key issues and priorities
• Preparing a list of possible solutions or compromises
• Discussing strategy with your attorney (if represented)
• Being emotionally prepared for negotiation and potential compromise

Stages of the mediation process

1. Introduction: The mediator explains the process and sets ground rules.
2. Opening statements: Each party (or their attorney) presents their perspective.
3. Joint discussion: Parties identify issues and interests.
4. Private caucuses: The mediator meets separately with each party to discuss positions and explore potential solutions.
5. Negotiation: Parties work towards finding mutually acceptable solutions.
6. Agreement: If successful, the terms are drafted into a written agreement.

Key Components of a Valid Agreement

Required elements

To be valid and enforceable, an MSA must include:

• Clear and specific terms addressing all resolved issues
• Signatures of all parties and their attorneys (if represented)
• A prominently displayed statement that the agreement is not subject to revocation
• Date of execution (which must be the day the mediation concludes)

Common provisions

Depending on the nature of the case, an MSA may include provisions related to:

• Property division
• Child custody and visitation schedules
• Child support
• Spousal maintenance
• Division of debts
• Tax considerations
• Insurance coverage
• Dispute resolution mechanisms for future disagreements

Enforceability of Mediated Settlement Agreements

Statutory requirements

To be enforceable, an MSA must meet all the requirements set forth in the Texas Family Code. If these requirements are met, the agreement is binding on the parties and, in most cases, on the court as well.

Exceptions and challenges

While MSAs are generally difficult to overturn, there are limited circumstances under which a court may refuse to enforce an agreement:

• Fraud, duress, or coercion in the making of the agreement
• In child-related matters, if the court finds that the agreement is not in the best interest of the child and that:
  • A party to the agreement was a victim of family violence, and that impaired their ability to make decisions
  • The agreement would permit a person who is subject to sex offender registration to have unsupervised access to a child

Special Considerations

Child custody and support issues

When dealing with child-related matters, the court must always consider the best interest of the child. While an MSA is presumed to be in the child’s best interest, the court retains the authority to reject an agreement if it finds otherwise.

Property division

In divorce cases, MSAs often address the division of marital property. Texas is a community property state, which means that property acquired during the marriage is generally considered to belong equally to both spouses. However, parties can agree to a different division through an MSA.

Spousal maintenance

If applicable, an MSA may include provisions for spousal maintenance (alimony). The agreement should specify the amount, duration, and conditions of any maintenance payments.

Alternatives to Mediated Settlement Agreements

While MSAs are popular, they are not the only alternative to litigation:

Collaborative law

This process involves a commitment by both parties and their attorneys to resolve disputes without going to court. It often involves a team approach, including financial experts and mental health professionals.

Arbitration

In arbitration, a neutral third party hears evidence and makes a binding decision. It’s more formal than mediation but less formal than court proceedings.

Litigation

Traditional court proceedings remain an option when parties cannot reach an agreement through other means.

Best Practices for Successful Mediation

Tips for Parties

• Approach mediation with an open mind and willingness to compromise
• Focus on interests rather than positions
• Listen actively to the other party’s concerns
• Be prepared with all necessary information and documentation
• Consider the long-term implications of any agreement
• Take breaks when needed to manage emotions and avoid rushed decisions

Mediator selection criteria

• Experience in Texas family law
• Strong communication and facilitation skills
• Impartiality and neutrality
• Ability to manage high-conflict situations
• Understanding of complex financial and legal issues

Why Should I Get a Mediated Settlement Agreement?

Faster resolution of disputes, lower costs compared to litigation, greater control over the outcome, preservation of relationships, confidentiality of the process, flexibility in crafting solutions, and reduced stress and emotional toll.

Pros and Cons of a Mediated Settlement Agreement

Pros:

• Cost-effective
• Time-efficient
• Confidential
• Parties retain control
• Can be tailored to unique situations
• Generally less adversarial than litigation

Cons:

• May not be suitable for high-conflict cases
• Requires willingness to compromise
• Can be challenging if there’s a power imbalance between parties

What Makes a Mediated Settlement Agreement Special?

Mediated Settlement Agreements (MSAs) are granted statutory protection under Texas law, giving them a special status. They are difficult to revoke and, once signed, are generally binding. Courts are required to enter judgment on a valid MSA, ensuring expedited enforcement. Additionally, MSAs offer flexibility, allowing for creative solutions that are not always available in court.

How Does a Mediated Settlement Agreement Differ from Other Agreements?

Mediated Settlement Agreements (MSAs) must meet specific legal criteria, ensuring they adhere to statutory requirements. They involve the participation of a neutral mediator and carry a presumption of enforceability. MSAs have limited grounds for challenge and can resolve all issues in a family law case.

How Do I Get a Mediated Settlement Agreement?

• Agree with the other party to attempt mediation
• Select a qualified mediator
• Prepare for the mediation session
• Participate in good faith in the mediation process
• If an agreement is reached, ensure it meets all legal requirements
• Sign the agreement on the day mediation concludes

What Does a Mediated Settlement Agreement Contain?

A Mediated Settlement Agreement (MSA) must include clear and specific terms addressing all resolved issues. It should detail property division, child custody and support provisions, spousal maintenance terms, and any other agreed-upon terms relevant to the case. Additionally, it must contain the required statutory language and the signatures of all parties and attorneys.

What If I Don’t Like My Mediated Settlement Agreement?

Once signed, an MSA is generally binding and not subject to revocation. Limited grounds for challenging an MSA exist (e.g., fraud, duress). It’s crucial to carefully consider all terms before signing. Consult with an attorney before and during the mediation process. Take time to fully understand the agreement before signing.

Conclusion

Mediated Settlement Agreements offer a powerful tool for resolving family law disputes in Texas. They provide a cost-effective, efficient, and flexible alternative to litigation, allowing parties to maintain control over the outcome of their case. While not without challenges, MSAs have become an increasingly popular and effective means of resolving family law matters, benefiting both the parties involved and the Texas legal system as a whole.