Domestic Relations Law

7 Ways You Are Mishandling Retirement Plans in Your Texas divorce

, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pensionĀ 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

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Texas family court cannot refuse mediated settlement agreement over best interests of a child

The significance of Mediated Settlement Agreements (MSA) in Texas divorce cases has been reinforced by the recent opinion of the Texas Supreme Court in the case of In re Stephanie Lee. This ruling clarifies that family courts cannot refuse to accept an MSA solely because the judge believes it may not be in the best

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Fort Worth divorce lawyer explains the presumption of community property

As I discussed in a prior blog post and this page about property division, Texas is a community property state. Simply put, the majority of property acquired during a marriage is community property. That community property is jointly owned by both spouses. Under the Texas Family Code, community property is subject to a just and

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Should I get a prenuptial agreement in Texas?

TheĀ 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 during

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Duress, spousal threats and divorce in Texas

A common concern from divorce clients and people looking for information about divorce comes in the form of, “my husband is threatening to…” or “my wife is threatening to…” with something about taking away the kids or all the property.Ā 99.9% of the time those threats have zero basis in the law and are never going

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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

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Is there a benefit to hiring a divorce attorney of the opposite sex?

There are a lot of misconceptions about how divorce works and how divorce attorneys work. Most of these misconceptions are thanks to television shows and movies that depict divorces wrongly in almost every way imaginable. One of the biggest misconceptions people have about divorce and divorce attorneys is that there is some super secret edge

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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 isnā€™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

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Nothing is private on the internet–Texas employment lawyer

Once upon a time the internet was a shady place because everybody was anonymous. Personal email accounts were usually something like Awesomeblossom43598@aol.com and most interactions online came through similar pseudonyms. Then came social media (Friendster, followed by MySpace) and people realized the need for more professional private email accounts led to people self-identifying themselves online

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Huffington Post blog on divorce almost gets it right

On July 29th, Huffington Post published a blog post entitled, ā€œWeā€™re Getting a Divorce, Now What?ā€ in which a women-focused financial organization offered nine tips about financial issues to consider in a divorce. I was skeptical going into the article/blog post when I saw it was offered by Women & Co. Iā€™m not skeptical because

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If my spouse has a protective order against me but she invites me over can I go without getting arrested?

No. In Texas, protective orders can issue from family courts in divorce suits and child custody actions (suits affecting the parent-child relationship or SAPCR). In these cases, protective orders are commonly issued to prevent somebody from visiting or even being within a certain distance from another person. Typically they will be issued if there are

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Ten Common Mistakes People Make in Texas Divorces

Divorce is a time where preparation, rational thought and a willingness to make long term decisions are critical but these things can be hard to do because divorce is often also a very emotional time. Texas family law attorneys assisting clients in divorces have a responsibility to the legal interests of their client. Some attorneys take

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