Divorce

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7 Ways You Are Mishandling Retirement Plans in Your Tarrant County Divorce: Bedford divorce lawyer

, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pension plans, many couples mishandle these accounts in divorces. The result can be a substantial financial loss for one spouse, sometimes even for both. Today's post will detail some of the most common ways people in Texas divorces mishandle their retirement plans. The best way to protect your retirement assets is with the help of a divorce lawyer who understands retirement plans. 1. Ignoring retirement assets in a divorce in Fort Worth, Texas I hear often people about to divorce decided not to bother with dividing the...

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Fort Worth divorce lawyer: Family court cannot refuse mediated settlement agreement over best interests of a child

The Texas Supreme Court issued its opinion In re Stephanie Lee. This addressed whether a family court can refuse a mediated settlement agreement when the judge does not believe it is in the children's best interest. The court held a judge may not reject an MSA believing it is not in the child's best interest. This ruling strengthens the authority of mediated settlement agreements in a Texas divorce. If you face a divorce or custody lawsuit it may be worth considering using an MSA to craft a custody agreement. What is a mediated settlement agreement? A mediated settlement agreement is a settlement agreement in a divorce reached with...

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Ways to resolve Fort Worth contested divorces: Tarrant County family law attorney

Among the top concerns in any Texas divorce is the issue of financial cost. It's not just the cost of hiring lawyers but the costs of all the mechanics of a Texas divorce, including filing fees with the Family Court, appraisals, retrieving financial records, expert testimony and so forth. Admittedly, the cost of attorneys represents the majority of the cost of litigating a Texas divorce; but that is because litigation involves an enormous amount of preparation and time. As a result, many people understandably prefer to avoid costly litigation of their Texas divorce. It's not a good option for most people. It...

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Should I get a prenup in Texas? Fort Worth prenup lawyer explains

The Texas Family Code allows parties to enter into a prenuptial agreement, or prenup, before marriage. It makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code. A prenup in Texas is an agreement between two people prior to entering into marriage that contractually determines property issues. A prenuptial agreement stays in effect during the marriage. In the event of divorce, it will govern property treatment during the divorce. The prenuptial agreement can also govern issues during a divorce, such as spousal support or alimony. Whether you should get a prenup depends on...

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What happens to my beneficiary designations after a divorce in Texas?

During a divorce one of the biggest issues in dividing the marital property is dividing the financial assets. Most married people will designate their spouse as the beneficiary on the account or policy. The Employee Retirement Income Security Act (ERISA) governs most employee benefits. It requires married employees to designate their spouse as the primary beneficiary unless the spouse provides a waiver. The Texas Family Code voids ex-spouses as beneficiaries on financial assets when the final order dissolving the marriage issues. Because those two laws conflict, you can inadvertently end up leaving assets to your ex-spouse. ERISA and beneficiary designations If you...

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Fort Worth divorce lawyers: I received citation/service/divorce papers; what do I need to do?

If you received paperwork on a divorce you need to follow the right steps to protect your interests in Texas. Most likely you received these papers in one of two ways. You may receive citation from a constable, other process server, or certified mail. Citation is notice of a divorce proceeding and the divorce decree. Citation will tell you when you must submit an answer to avoid a default judgment and losing your right to have a say in the divorce. Alternatively, you may have received the paperwork by mail or in person. If you received it from somebody else, you...

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What is a guardian ad litem under the Texas Family Code? Fort Worth divorce lawyer explains

A guardian ad litem is a “guardian at law” that represents an individual’s interest in litigation. The most common cases in Texas with a guardian ad litem is probate and family court to represent a minor. A guardian ad litem, at least in Texas, is almost never an attorney. The guardian ad litem should have an educational background in child welfare. In family law they often appear in divorces and child custody suits to represent the best interests of the child. The reason why a third party represents the child is because often the parents or other family members do not have an objective...

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What is the difference between no-fault divorce and fault divorce in Texas? Fort Worth divorce lawyers

In Texas, you can ask for a divorce for specific reasons of some marital problem (fault divorce) or generalized reasons that the marriage isn’t working (no-fault divorce). This division in divorce in Texas is historical but continues to provide some legal benefit in certain circumstances. Depending on the facts of your case and what you seek to accomplish with your divorce – aside from the obvious dissolution of marriage – it can be advantageous to file a no-fault or fault divorce in Texas. Divorce in Bedford, Dallas and Fort Worth, Texas Historically, most states only granted divorce for very specific reasons. In...

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Bigamy, Texas marriages and the Texas Family Code by Bedford divorce attorney Adam Kielich

Talk about bigamy today and you might find yourself in the middle of a debate about the long term results of the Supreme Court declaring DOMA unconstitutional; but bigamy is a problem for Texas marriages outside of the DOMA issue. Under the Texas Family Code an individual can have only one spouse and all other marriages are void. The Texas Criminal Code also makes bigamy a criminal offense in the state. Bigamy can and does occur in Texas in several situations. There is a history of employees migrating around Texas entering into common law marriages although they have formal marriages elsewhere....

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