Uncontested Divorce

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5 Problems with 50/50 Custody in Dallas-Fort Worth Divorces

50/50 custody refers to custody arrangements outside of the standard possession order that split time evenly between the parents. This arrangement might work as alternating weeks or an alternating group of days. Although these arrangements are not the norm, they can be approved by a family court and sometimes work very well. If you believe you will have a divorce or custody suit with 50/50 custody then you should contact a divorce lawyer to discuss your situation. However, sometimes these arrangements can start off as a good idea and turn into a real mess. Here's some common reasons why: 1. A...

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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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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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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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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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