Divorce

https://www.kielichlawfirm.com > Family Law  > Divorce (Page 6)

Is it better to keep divorce uncontested or fight for what you deserve? Bedford divorce lawyer explains

Uncontested divorce participants comment after the fact that they liked the idea of an uncontested divorce; but along the way there were some tense discussions that made them feel like because they chose an uncontested divorce they were stuck giving in to whatever demands their spouse wanted to prevent the divorce from becoming contested. Often the basis for the fear of a contested divorce came from myths or misunderstandings of the divorce process. Let's break down some of these misconceptions and discuss what they mean: Once you file a Texas uncontested divorce you have to start over for a contested divorce: This is...

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Do I have to have a standard possession order in my Texas divorce? Fort Worth divorce lawyer explains

In a Texas divorce with kids the divorce decree must contain a possession order for custody (conservatorship, visitation/access and possession) or the possession information must be included in a mediated settlement agreement incorporated into the divorce decree. The order must also include medical support for the children and may include additional child support. The typical possession order known as the "standard possession order" is the possession order in the Texas Family Code. In any divorce you should strongly consider consulting with a Fort Worth divorce lawyer about your rights and how to protect your relationship with your children. The standard possession...

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What happens when the divorce decree doesn’t include the 401k and other retirement assets? Bedford divorce lawyer explains

I receive this common question from people in the midst of a divorce, particularly those attempting a pro se divorce. (Divorce without the help of an attorney.) The story is sometimes different but the question is always the same. Sometimes the spouses agree not to mess with dividing retirement accounts in the divorce to keep things easy; but then one of the parties has a change of heart down the road. If you have a QDRO issue in a divorce then you should contact Fort Worth divorce lawyer Adam Kielich. Sometimes spouses fails to realize the value or how much retirement assets could...

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Fort Worth divorce lawyer: What do diminished value claims and prenups have in common?

I mean other than two legal issues that I can help you with? Diminished value claims and prenups have two things in common: 1. they both preserve the value of property; and 2. they both become legal issues after a wreck. Ok, so diminished value claims have to do with car accidents but prenups have to do with marital property. So why am I writing about these two subjects together? Let's call it a mental exercise in legal analysis. First let's start off briefly describing each: What is a prenup? A prenuptial agreement (prenup) is a contract by two parties that becomes...

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Child support payments not paid through the Attorney General: Fort Worth child support lawyer

A common mistake child support obligors make is paying child support payments directly to the obligee-parent rather than to the Texas Attorney General's State Disbursement Unit (SDU). This mistake can be costly for the obligor even if the obligor believes he or she can pay less by making child support payments directly to the other parent. Today's post will discuss: why child support payments must go to the SDU; how obligors end up not making payments directly to the SDU; the financial implications of not paying child support directly to the SDU; and what to do if you have been paying child...

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5 Things You Need to Know about Divorce in Your 20s: Fort Worth divorce lawyer explains

Marriages that begin before the age of 23 are most likely to end up in divorce. Of marriages beginning when the spouses were under twenty, 48% will end in divorce. For those beginning in the ages 20-23, 31% will end in divorce. Statistics also indicate that the average length of a person's first divorce is roughly eight years. The average age for men at the time of their first divorce is 32 and women at 30. So what does all this mean? A large number of those late teen/early 20s marriages end in the mid to late twenties. In Texas, many people considering in...

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Dividing property and uncontested divorces in Texas: Fort Worth uncontested divorce lawyer

One of the areas in which I help people in family law is with uncontested divorces. An uncontested divorce is a divorce in which the spouses have agreed on their own to divide the property and settled the child issues. The spouses are just looking for a family law attorney to take care of the judicial process. You do not pay for lawyers to hash everything out. There's nothing wrong with an uncontested divorce in Texas. If the spouses can reach an agreement on how to sever their relationship then that makes moving on much easier. Dividing property in a Dallas or...

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Does my spouse have to sign the divorce papers before I can get a divorce? Bedford divorce lawyer explains

This question is an extremely common question in divorce law. Hollywood wants you to believe the only way a divorce occurs is your spouse voluntarily agrees to "sign the papers". Almost every show or movie involving a divorce has this situation where one spouse wants it and the other doesn't; so as long as one spouse refuses to "sign the papers" the other spouse is held hostage. The answer, at least here in Texas, is that no, your spouse does not have to "sign the papers". Sometimes there are papers your spouse may choose to sign; but there is no requirement under Texas law that...

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How a defined benefit QDRO works: Dallas QDRO lawyer

I have written frequently about QDROs on my blog this year because, in my experience working with 401k and pension plans, there are a lot of misconceptions about QDROs in a Texas divorce under our community property rules. (You can read more about QDROs on the main QDRO page, and several posts including this one, this one, this one, this one, this one, and don't forget this one.) 401k QDROs are easy because the assets are more easily tracked and divided. Typically a QDRO on a 401k plan will divide the marital portion in two halves or carve out a amount. In a...

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Do I need a QDRO in my divorce? Fort Worth QDRO lawyer explains

I have been receiving an abnormally large number of questions recently about splitting retirement assets in a divorce. Many of these questions involve spouses dividing 401k plans by taking a distribution, rather than the QDRO process. Following the wrong process in your Texas divorce can result in substantial tax implications for the 401k account holder. So it is important that you understand why you should use a QDRO to divide your 401k plan. QDRO in a Dallas and Fort Worth divorce The questions I receive at my Bedford, Texas law office go something like this. Husband owns a 401k account and the spouses have...

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