Divorce

https://www.kielichlawfirm.com > Family Law  > Divorce (Page 4)

What is a judgment nunc pro tunc in a Fort Worth, Texas divorce?

The purpose of a judgment nunc pro tunc is to correct a clerical error in the judgment after the court's plenary power expired. A motion for judgment nunc pro tunc asks the court to correct the order so the order matches the judgment. It does not allow a party to ask the court to change the judgment rendered or to add relief. For example, if a court granted child support in a Texas divorce suit for $400 per month but the order states $350 then the party receiving child support would want the court to sign an order that states the right...

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Do I need a divorce for my common law marriage in Texas?

Yes, Texas requires a divorce to dissolve a common law marriage; but the question is not as simple as you might think. Texas recognizes a common law marriage or an informal marriage as equal to a formal marriage. It requires a divorce (or annulment or death) to dissolve the marriage. The Texas Family Code has a statutory definition of a common law marriage as an "informal marriage". This makes it equal in force to a formal marriage created by a marriage license and marriage ceremony. As a result, you will need the help of a Fort Worth divorce lawyer to...

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Dividing IRAs in a Dallas or Fort Worth Divorce

As a Fort Worth divorce lawyer, I have written about dividing employer-sponsored retirement plans in a divorce through a qualified domestic relations order, or QDRO. These benefit plans are not the only retirement assets to divide in a Texas divorce. Individual Retirement Accounts, or IRAs, are also divisible in a divorce. A key misconception by many suffering through a divorce and some family law attorneys including dividing an IRA in a divorce like an employer-sponsored retirement plan. That is incorrect. An IRA and an employer's retirement plan like a 401k or defined benefit pension follow different rules in a divorce in Texas. Today's post will discuss how an...

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AT&T Pension Benefits and QDROs in a Texas divorce with Dallas QDRO lawyer Adam Kielich

Many large and longstanding employers, like AT&T, General Motors, Hewlitt Packard and Bank of America, have defined benefit pension plans that offer retirement benefits more complicated in their benefit formula than a 401k plan where the participant receives the vested benefit on the distribution date. These defined benefit plans determine benefits out of a combination of service years, compensation and a variety of other factors. These benefits can be substantial and among the property divided in a divorce. Dividing these retirement benefits requires a special court order known as a qualified domestic relations order, or QDRO. A QDRO describes the method to divide the...

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My spouse doesn’t want a Texas divorce but I do. What can I do? Bedford divorce lawyer explains

This is a fairly common question I receive at my Bedford, Texas law office from potential divorcees who feel trapped by their spouse because the spouse is adamant about remaining in the marriage for one reason or the other. At fault divorces in Tarrant County, Texas Once upon a time in Texas a divorce could only occur for very specific reasons. The spouse pursuing divorce had to allege and prove one or more of these reasons to obtain a divorce. If the party could not prove the alleged reason for divorce then the marriage remained. This approach to Texas divorce continues to exist...

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How to prepare for family court in Tarrant County, Texas

The majority of my family law practice is in Tarrant County where I assist clients with divorces, child custody, child support, modifications and enforcements. I spend a lot of time in the Tarrant County Family Courts and that gives me opportunities to see how a lot of people appear and behave in the courthouse and courtrooms. Although the family court judges in Tarrant County are generally fair-minded, there is a lot of information they can glean from you and your claims based upon your appearance and behavior. The last thing you want is to spend money on court costs and...

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Are you getting what you pay for with a cheap divorce in Texas? Fort Worth uncontested divorce lawyer discusses

There are a lot of lawyers and non-lawyers offering services with uncontested divorces in Tarrant County and Dallas County. Many of these entities offering low cost uncontested divorces offer prices far below what most divorce attorneys charge. Not all uncontested divorce services in north Texas may provide the right services, even if they offer the right prices. You may be able to get away with using a low cost option; although down the road you may regret the decision when you find out low cost also came with low value. In other situations low cost uncontested divorce services turned into...

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The Kielich Law Firm Podcast Episode #2: Uncontested Divorce in Texas

So this is episode two of my podcast. I didn't realize until posting episode #1 that it sounds robotic. (I left the warp function active in Ableton, if that means anything to you.) This episode is the first to discuss a legal topic and I chose uncontested divorces in Bedford for this episode. I've written about uncontested divorces multiple times on this blog and it is a service I am happy to provide to many clients to help them achieve a low cost divorce in Texas. In this episode I discuss what an uncontested divorce is, the process to obtain an uncontested...

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The importance of a well constructed 50/50 custody arrangement in a divorce in Texas

Many people exit a divorce with children with the desire to balance the custody relationship so the parents split time with the children in a 50/50 custody arrangement. I have written several times about the risks involved in 50/50 child custody arrangements. As great as they are when they work, they are terrible for everybody when they go wrong. The risks are so great that many Texas family judges are hesitant to approve 50/50 custody in a divorce. The reason for the refusal is that the judge believes the standard possession order (the typical 1-3-5 weekend schedule) is a good default...

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What is the difference between alimony, spousal maintenance and spousal support in Texas?

There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its family relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Bedford, Dallas, and around other part of Texas, to grant any type of spousal support following a Texas divorce. Along with changes to the Texas Family Code, the legislature adopted specific terms to refer to types of spousal support. Outside of divorce lawyers and family courts, these terms are often used interchangeably. As a result there is confusion about what...

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