Property Division

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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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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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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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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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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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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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