Posted on December 23, 2024 in Divorce

Divorce is not just an emotional turning point; It can also be a financial one, especially when retirement savings are involved. Separating a lifetime of shared assets often requires the untangling of complex retirement accounts, which may leave you wondering how to secure your financial future. Knowing how these funds are divided and planning ahead can make a significant difference as you navigate this new chapter of life. With the guidance of an experienced Texas divorce attorney, you can protect your rights and approach the property division process with confidence.

Are Retirement Funds Considered Community Property in Texas?

Texas follows a community property model for the division of assets, meaning that most assets acquired during a marriage are considered jointly owned by both spouses. This includes retirement savings such as 401(k) accounts, pensions, and IRAs. If you contributed to these accounts during the marriage, the amount saved during that time is generally subject to division in a divorce. However, depending on the circumstances, any funds from before the marriage or after separation may be treated as separate property. 

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 Posted on December 10, 2024 in Family Law

More and more couples are choosing to live together without getting married. While this arrangement can be ideal for many couples, it does not provide the same legal protections as marriage. A cohabitation agreement can help establish financial planning, property agreements, and other aspects so that both parties are protected. 

Understanding whether this type of agreement is right for you depends on your circumstances and future goals. An experienced Texas family law attorney can help you determine whether a cohabitation agreement aligns with your needs and ensure it complies with state law.

What Is a Cohabitation Agreement?

A cohabitation agreement is a legally binding contract between two unmarried people who live together. It outlines how financial and property matters will be handled during the relationship and if the couple separates. In Texas, cohabitation agreements are enforceable as long as they are in writing, signed by both parties, and meet general contract requirements. These agreements address issues like:

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 Posted on November 25, 2024 in Child Support

In many families, one parent focuses more on a livelihood and the other takes on more of the child-raising responsibilities. Neither would be able to do this without the other. A parent cannot be dedicated to career development without having someone else to handle their child’s physical and logistical needs. On the other hand, being a stay-at-home parent is often not reasonable unless someone else is handling the family’s finances.

Child support payments are there to ensure that parents can continue living similarly to the way they did during the marriage even after a divorce. A parent who spends more time at work can keep doing so, generally if the other parent has more visitation and therefore handles more of the child-raising responsibilities. That parent can continue as a stay-at-home parent if the other parent continues working and earning a living that can cover child-related costs.

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 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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