Property Division

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Why does my spouse get part of my 401k or pension in a divorce?

Spouses in Fort Worth and Dallas are entitled to part of your retirement accounts in Texas because the federal law surrounding retirement plans allows for spouses to earn an interest in your retirement accounts during the marriage. State law allows for family courts to divide these assets based upon a domestic relations order. (That usually becomes a QDRO when the plan qualifies it.) In this case, state law provides the method to divide the accounts. The law states that employment income earned during a marriage is joint marital property. Because retirement savings are part of that income, the spouse has an entitlement...

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Bedford divorce attorney explains community property rules in Texas

Texas is one of nine states in the nation that recognizes marital property as community property. Property owned in Dallas, Fort Worth or Bedford, Texas by a married couple is either community property or separate property. Community property includes property owned jointly by both spouses. Separate property includes property owned by only one spouse. The law presumes all marital property is community property. The law is serious about a marriage being the joining of two people. In a Tarrant County divorce or Dallas divorce the community property rules are key because many people own important community property like homes and 401k plans. Working with...

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If my spouse has a divorce attorney do I need one?

You probably need your own divorce attorney if your spouse has already retained his or her own divorce attorney. Although divorces in the Dallas/Fort Worth area happen all the time with one or even no lawyers involved, that does not mean it is necessarily in your best interest to go without. If your spouse has retained counsel, he or she intends to protect his or her rights. Can you hire one Bedford or Fort Worth divorce attorney? Sometimes both spouses can hire a single divorce attorney to represent in order to facilitate filing the right paperwork for the divorce, custody and child...

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What is a QDRO in a Texas divorce? Fort Worth divorce attorney explains

QDRO stands for Qualified Domestic Relations Order. There are two components to a QDRO. One is the domestic relations order and the second is the qualification. A domestic relations order is an order issued by a state judge under the state’s domestic relations law. These orders are typically part of the property settlement following a divorce. It assigns a property interest belonging to one person to an alternate payee. The two most common alternate payees are former spouses and children, who receive the order for child support. QDROs are complex orders. If you need a QDRO in your divorce you should consider...

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