Posted on May 18,2022 in Divorce

Just a few decades ago, women getting divorced in Texas could practically be guaranteed to receive spousal maintenance (also known as alimony) from their husbands. Women working outside the home, to say nothing of pursuing high-income careers, was a relatively rare phenomenon. 

Thankfully that has changed. As women achieve ever greater strides in workplace equity, there is a flip side to being the primary breadwinner in a family that many women do not think about until divorce: Alimony payments to an ex. Texas law provides spousal maintenance in certain situations, but it says nothing about the gender of the person making payments. Under the right circumstances, women in Texas may end up paying their husbands “manimony.”

How Is Spousal Maintenance Calculated in Texas? 

Getting spousal maintenance in Texas is not as easy as it used to be. In fact, Texas divorce cases begin with the presumption that alimony is not appropriate and the spouse requesting financial support must overcome that presumption. For a court to award spousal maintenance, the spouse requesting it must meet at least one of the following circumstances: 

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 Posted on May 03,2022 in Divorce

Getting divorced in Texas changes a lot of things about family life. During the school year, the rigid schedules of school and extracurricular activities often prevent the option of flexibility - and the potential confusion and conflict that can come along with it. But during the summer, the changes that come with a divorce can become more obvious when children are out of school and both children and parents may have more time on their hands. 

If this is your first summer after a divorce, it is important to be prepared for a potentially challenging period. Even if with the best parenting plan, issues with visitation schedules (also known as possession and access schedules) can arise. Here are some tips for Collin County parents managing their first summer break after separation or divorce. 

Maintain Consistency

While the lack of regularity in your children’s schedules may make it tempting to be lax in your parenting agreement, experts say this is not a good idea, especially if you tend to experience a lot of conflict with your spouse. Try to keep a regular schedule and avoid situations that could expose the children to conflict or uncertainty. Consider placing a calendar in a visible location in your home so your children can see upcoming visitation dates and know what to expect. 

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 Posted on April 26,2022 in Divorce

When two busy, ambitious people with successful careers and substantial asset ownership get divorced in Texas, special complications can arise due to the more valuable and complex nature of the assets. High net worth individuals, typically defined as owning liquid assets worth between one and five million dollars, generally have a more difficult time negotiating issues like child support, spousal support, and property division. Here are the ways that a high net worth divorce can affect these issues. 

Child Support

Generally, child support is determined using both parents’ net resources and how much time each parent spends with the children. For high-net-worth parents, net resources will include their income after taxes as well as bonuses, income from rental properties, capital gains, dividends, gifts, and more. While there is a cap on the amount of a parent’s net resources that can be considered when setting child support payments, a child’s actual expenses can make payments higher than the typical formula might suggest. 

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 Posted on April 11,2022 in Divorce

Do-it-yourself projects are all the rage right now. Whether it is updating your home, training your new puppy, or even getting divorced, Texans love doing things themselves. Online software makes it possible to get divorced without the help of an attorney for around $500, making DIY divorces appealing to many people. However, as with all DIY projects, getting divorced by yourself is not a foolproof undertaking and mistakes can end up being very costly and difficult to resolve. If you are considering divorce in Collin County, Texas, here are a couple of things to keep in mind before you choose to do it yourself. 

You Could Save Money - But You Might Not 

The most common reason people seek a DIY divorce is that the expenses associated with hiring an attorney may seem overwhelming. However, it is important to note that divorce topics that initially seem simple can become quite complicated upon further investigation. Couples often end up needing to hire their own attorney when they realize negotiating issues like asset division and child custody is more difficult than they thought. If finances are a concern in your Texas divorce, keep in mind that you can often hire an attorney to provide services as needed. That way, you can handle the parts you are comfortable with and still get knowledgeable legal help for the rest. 

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 Posted on March 21,2022 in Military Divorce

Dividing personal and marital property is a difficult part of almost any Texas divorce, but the addition of military benefits adds an extra layer of complexity. Both spouses want to ensure they are protecting themselves and there is a finite amount of financial resources, so some conflict about property division is inevitable. If you or your spouse are members of the armed services of the United States and you are pursuing divorce, be sure you have a Texas divorce attorney who understands the implications of military benefits on your property settlement. 

Texas is a Community Property State

Texas encourages spouses to reach a property agreement themselves using the community property guidelines, meaning that any assets acquired during the marriage are split as close to 50/50 as possible unless there is a good reason to do otherwise. Spouses can negotiate certain assets for others as they set their own financial priorities. 

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 Posted on March 07,2022 in Family Law

Domestic violence is a serious matter and victims are offered protection under Texas law. While it can be difficult to take a stand against your abuser, Texas offers several protective orders that are intended to keep an abuser away from a victim, his or her children, or other family members.

Restraining orders are often mixed up with protective orders, and it is important to note that restraining orders only require one party not to contact the other. Protective orders, on the other hand, are more comprehensive and can require an abuser to stop engaging in abuse, threats, or stalking. Here is an overview of the protective orders available to Texans. If you or someone you love is suffering from domestic violence, consider getting the help of a Texas family law attorney right away. 

Order of Emergency Protection

Given in the most serious situations, a magistrate in a criminal court can approve an order of emergency protection when a victim of domestic violence, an arresting officer, a guardian, or a prosecutor requests it. Orders of emergency protection are issued after an alleged abuser commits sexual assault or other sexual abuse, human trafficking, indecent exposure, or stalking and has been arrested. 

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 Posted on February 16,2022 in Child Custody

As marijuana use becomes more acceptable all over the U.S., it has increasingly become legal for recreational purposes in many states around Texas. This has made marijuana easy and inexpensive to get, and many parents may use marijuana without thinking twice about potential consequences for a child custody case. 

Unfortunately for Texans who enjoy THC, recreational marijuana is still illegal. If you are getting divorced or are trying to get custody of your children, using marijuana - even when you are not around them - can negatively impact your case. 

Marijuana and Texas Family Courts

When Texas judges are making decisions about which parent will have conservatorship of or possession and access to a child, they will consider the child’s best interests first and foremost. If a parent is using marijuana illegally, this could easily reflect poorly on a court’s perception of that parent. Even if a parent is using medical marijuana, allegations that marijuana or any other substance is used unsafely or irresponsible could negatively impact a judge’s willingness to see a child spend significant time with that parent. 

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 Posted on February 05,2022 in Child Custody

 Divorces with minor children and custody disputes in Texas can be emotionally charged and hard to resolve. Parents with the best intentions often find themselves locked in disagreement or vengefulness, and the best interests of a child may end up getting overlooked. 

In cases involving minor children, Texas courts may appoint a person called a “guardian ad litem.” While this may seem like a fancy Latin name, a guardian ad litem is simply a person who is in charge of finding out what would be in a child’s best interests. In this blog, we will discuss what a guardian ad litem is and what she does in a Texas divorce or custody dispute. 

What is a Guardian ad Litem? 

A guardian ad litem is an agent of a Texas family court. Her job is to act as a representative for a child and speak for the child’s interests when necessary. Guardians ad litem are often appointed in complex cases in which it may be difficult for a judge to determine a child’s best interests. Guardians ad litem are only involved during the court case and do not continue to represent a child forever. One parent or both parents may be ordered to pay for the cost of the guardian ad litem in their case. 

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 Posted on January 31,2022 in Divorce

During the divorce process, a couple will need to divide multiple different types of marital property. In addition to physical property, spouses will also need to address ownership of financial accounts and other complex assets, including retirement accounts or pensions. When dividing retirement assets, spouses should use a qualified domestic relations order, or QDRO. Understanding the purpose of these types of orders and the benefits they provide will ensure that spouses can protect their financial interests during the divorce process and in the years to come.

Dividing Funds in Retirement Accounts

For employer-sponsored retirement accounts such as 401Ks, a person will have a certain amount deducted from their income before paying taxes. The money saved, which will grow through investments made by the plan holder, will usually remain in an account until a person reaches retirement age, and they will pay taxes when the funds are withdrawn. 

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 Posted on January 28,2022 in Uncategorized

Many spouses considering divorce have concerns about the financial ramifications of the split. Divorce can be costly, and divorce expenses can grow even more if you make financial mistakes along the way. Knowledge is power, and thankfully, when you know what to look out for, you can minimize the amount of money you spend in the process of getting a divorce. 

Not Realizing That Marital Debt Becomes a Shared Responsibility 

Many couples carry the weight of debt together. In many cases, two partners will come to an understanding about who is responsible for what percentage of the marital debt. However, when spouses decide to get a divorce, casual agreements do not always apply in the eyes of the law. 

For instance, imagine that you and your partner verbally agreed that you are responsible for 20% of the debt and your spouse will take care of the 80% remaining. Unfortunately, this type of agreement is not enforceable by the court. If your spouse fails to hold up his or her end of the bargain, creditors may come after you for payment. Paying off debt before the divorce is finalized can help mitigate this financial stressor.  

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