Posted on November 11,2024 in Divorce

One of the most intensive aspects of a divorce involves the division of the marital estate. Texas follows a community property model for the distribution of their assets, meaning anything owned jointly by the spouses and acquired during their marriage is to be divided equally, with a 50/50 split. Couples need to work out how much their joint assets are worth so they can calculate an equal division.

Unfortunately, when divorce is approaching, some people decide to hide assets so that they will get a disproportionate amount of what should be divided equally. Hiding assets is illegal, but proving it can be challenging without knowing the signs. If you are preparing for a divorce and believe your spouse is hiding assets, contact an experienced Frisco, TX family law attorney who can offer helpful guidance.

What Are Hidden Assets?

Hidden assets are assets that one spouse intentionally conceals from the other during divorce proceedings to avoid dividing them. These can include:

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 Posted on October 30,2024 in Divorce

While most couples who get a divorce would probably say that the process was not simple or carefree, same-sex couples in Texas face some unique challenges when they decide to end their marriages. Most of these challenges stem from the fact that same-sex marriage was only legalized in 2015, and therefore same-sex couples can only have been married for around ten years at this point.

Couples who were in committed relationships for many years before they were legally married might face some unique challenges in divorce proceedings. If you and your spouse are considering marriage, speak with an experienced Frisco, TX LGBTQ divorce lawyer to understand your options.

Property Division Complexities for Same-Sex Couples

Texas follows a community property model for the division of property in a divorce. That means that everything considered part of the marital estate - any property, assets, or debts acquired during the marriage - will be split equally between the two spouses.

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 Posted on October 17,2024 in Divorce

Laws constantly evolve to meet the new demands of reality. As with every other field of law, the same is true for divorce law. If you initially looked into a divorce years ago but then managed to reconcile with your spouse, the laws might be different now. It is always important to make sure you have an up-to-date understanding of laws relating to your life, but if you are considering divorce, it is crucial that you know what you can expect.

Divorce proceedings, custody arrangements, property division, and all other aspects of divorce can be impacted by new laws. An experienced Denton County, TX family law attorney can review the laws with you and answer any questions you might have about your personal situation.

How Have Texas Divorce Laws Changed Over the Past Few Years?

Laws pertaining to several aspects of divorce have seen some changes lately. Some of these changes include:

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 Posted on September 20,2024 in Property Division

A prenuptial agreement is a legally binding document people can sign before their wedding. Its purpose is to outline what property and assets would be considered part of the marital estate and subject to an equitable division during divorce and which would be considered each spouse’s individual property. There are many advantages to having a prenuptial agreement. However, there is a major disadvantage when someone has been manipulated into signing one that does not equally protect their rights and interests. Fortunately, there are several standards a prenup must meet to be considered a valid legal document. If you were forced into signing a prenup that unfairly protects your spouse’s interests over yours, speak with a skilled Frisco, TX family law attorney to see whether it is invalid.

What Makes a Prenup Invalid in Texas?

A prenup is supposed to help eliminate a lot of the confusion about what legally belongs to who so that in a future hypothetical divorce, the process of dividing the marital estate can be smoother. Unfortunately, some families, particularly those with means, are worried about someone marrying into their family to get their money. If they have a family lawyer, they can draw up a prenup that disproportionately protects their family’s interests at the future spouse’s expense.

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 Posted on September 09,2024 in Child Support

One of the most commonly debated issues that comes up when parents divorce is child support. There are legal procedures to help them figure out which spouse will have to pay and how much the payments will be. Of course, like all aspects of the divorce settlement, this arrangement will be calculated based on the facts at the time of the divorce.

If either parent’s circumstances change later on, they might wonder whether this would also mean a change in their divorce decree. For example, if you are the paying parent and you lose your job, will you be able to stop making those payments? What if you get a promotion and a nice raise? Will your child support payment reflect this, with anything extra you earn going straight to your child’s other parent? If you have questions about how changes in your life might lead to modifications in your child support payments, speak with a qualified Denton, TX child support attorney to learn more.

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 Posted on August 26,2024 in Adoption

Adopting your wife’s child, also known as stepparent adoption, is a significant legal process that can strengthen family bonds and provide legal recognition of your relationship with your stepchild. Stepparent adoption is sometimes possible but involves several important steps and considerations with a Texas lawyer.

What You Should Know About Stepparent Adoption in Texas

Stepparent adoption is a process that allows you to become the legal parent of your spouse’s child. This significant step grants you full parental rights and responsibilities, profoundly impacting you and the child. As an adoptive parent, you gain the ability to make important decisions about the child’s education, healthcare, and upbringing. 

In the event of a divorce, you would continue to have legal custody and visitation rights. The adoption also ensures that the child can inherit from you and becomes eligible to receive your social security benefits. However, you must understand that stepparent adoption permanently terminates the parental rights of the child’s other biological parent. This means the other parent will no longer have legal rights or responsibilities toward the child.

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 Posted on August 09,2024 in Military Divorce

Military service members face unique challenges when it comes to child custody arrangements. Active duty can involve frequent relocations, deployments, and unpredictable schedules, which can complicate custody agreements and visitation schedules. If you are a service member, a Texas lawyer can help you. It is important to understand your rights and options.

The Impact of Military Service on Child Custody

Active military duty can significantly affect child custody arrangements in several ways. Deployment often leads to extended periods away from home, disrupting established custody schedules. Frequent relocations may require modifications to existing custody agreements. The unpredictable nature of military obligations can make it difficult to maintain consistent visitation. Deployment to remote areas may limit regular contact with children.

Despite these challenges, Texas law recognizes the importance of maintaining parent-child relationships for service members. The state has implemented protections to ensure that military parents are not unfairly disadvantaged in custody proceedings due to their service.

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 Posted on July 29,2024 in Divorce

In 2020, the digital world experienced a major boom with the arrival of COVID-19. And while people have trickled back to the office since the pandemic faded, many continue to replace their physical presence with virtual attendance. Videoconferencing is used more than ever for work meetings, chats with friends and family, classes, and even mediation.

Mediation is a form of alternative dispute resolution, which means it is a way to resolve disputes outside of court. Most divorcing couples reach settlements through mediation and are thereby spared time-consuming and expensive court battles.

This article will discuss the pros and cons of virtual mediation. Keep in mind that whether mediation is online or in person, having a Texas divorce mediation attorney present is a major advantage.

What Is Mediation?

Mediation is a private negotiation process. It is facilitated by a mediator, a neutral party who is trained in negotiation and certified to conduct mediation. The process may contain one or more sessions, with each usually lasting between two to four hours. 

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 Posted on July 14,2024 in Divorce

Not every divorce starts out the same. Sometimes the decision comes suddenly, perhaps in reaction to abuse or adultery. Other times, the decision to get divorced is expected and a long time coming, usually after the couple has been drifting apart for a while. In those cases, a spouse may have become involved in a serious romantic relationship and might even be ready to marry by the time the divorce is finalized.

However, while many states allow spouses to remarry immediately after the divorce decree, Texas is one of the states that usually do not. States that have mandatory waiting periods for remarriage after divorce include:

• Kansas — 30-day waiting period

• Washington, D.C. — 30-day waiting period

• Alabama — 60-day waiting period

• Massachusetts — 90-day waiting period

• Rhode Island — Three-month waiting period

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 Posted on June 27,2024 in Divorce

Divorce is known for being a complicated and trying ordeal, but it does not always have to be. A great Texas divorce lawyer can be the difference between a nightmare divorce and a relatively smooth process. He or she can also be the difference between a divorce where you are saddled with extra debt and financial obligations, and a divorce where you walk away with as little financial strain as possible.

A great divorce lawyer, however, is more than just a law degree. Some law school graduates walk out of Harvard and cannot explain basic legal principles. Others graduate from third-tier colleges and start successful firms. 

What makes a great divorce lawyer comes down to several factors, including five qualities that the best divorce attorneys share.

Honesty

Some attorneys will use any means necessary to rope in a client, even if it means skewing the truth. Some decent attorneys might even promise their clients results they cannot achieve. A great attorney, on the other hand, is always straight with his or her clients. If something cannot or should not be done, he or she will explain that.

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