Divorce Law

Do I need temporary orders in my divorce in Fort Worth, Texas?

In a Texas divorce either party may ask the court for temporary orders to protect the people and property involved. Generally most contested divorces seek temporary orders. It is far less common in uncontested divorces and divorces in which the parties lack representation by Bedford, Texas or Fort Worth divorce attorneys. Temporary orders are a …

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Dealing with Debts in a Texas Divorce

Studies suggest the average household in Texas has roughly $7,000 in credit card debt. When adjusted to include only households with credit card debt that number increases to over $15,000. Debts owed by a married couple at the time of divorce may include significant credit card debt in addition to car loans, mortgages, 401k loans, personal …

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Can my license be suspended for not paying child support in Texas?

Yes, absolutely. Under chapter 232 of the Texas Family Code any license issued by a Texas agency can be revoked or suspended for failure to pay child support including a driver’s license, professional licenses, commercial driver’s license, business licenses, hunting licenses, fishing licenses and concealed handgun licenses. This can be more than an inconvenience. For …

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Divorce attorney on real estate in an agreed divorce

Agreed divorces, often called uncontested divorces or no contest divorces, are divorces in which the parties have agreed to the major terms of the divorce. One of the major terms in many divorces is how to deal with the real estate owned between the spouses. In Texas approximately two-thirds of the population owns the home …

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Dividing retirement plans with a QDRO

Retirement plan benefits, like 401k accounts and pension benefits, are often divided in a Texas divorce as part of the property division. Retirement benefits often represent one of the largest assets in the marriage (along with the house and cars). Their division may play an important role in fairly dividing the marital property between the …

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Dealing with Dividends in a Texas Divorce

Dividing property in a Texas divorce can be a complication and expensive affair under the Texas Family Code. The Texas Family Code lays out a complicated framework of community property rules. Property may be community property of the marital estate, the separate property of one spouse, or separate property jointly owned by the spouses. The …

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No Contest Divorces and Waivers of Service in Texas

I recently had a conversation with other divorce attorneys in Tarrant County about uncontested divorce or no contest divorce in which the parties reach an agreement about the terms for the divorce rather than fight over the property and custody issues. While we all have different strategies one thing we agreed on the impact of waivers …

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10 Keys to Tackling Defined Benefit QDROs in a Texas Divorce

Dividing defined benefit pension benefits in a divorce strikes fear into the hearts and minds of divorce attorneys. Defined benefit pension plans, often simply called pensions, are far more complex than the relatively newer defined contribution plans like 401ks and ESOPs. Defined contribution plans are often easy to divide in a divorce. They maintain records of individual accounts …

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Will the Ashley Madison hack lead to more divorces in Texas?

You probably heard about the recent release of a massive database of information about Ashley Madison users by a hacktivist group aimed at challenging Ashley Madison’s business model of creating opportunities for spouses to cheat. If you are an Ashley Madison user then this news might be alarming. Many people, including some divorce attorneys, await …

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Is a contested divorce better than an uncontested divorce in Fort Worth or Dallas, Texas?

An uncontested divorce or no contest divorce in Texas is a divorce in which both spouses have agreed to the divorce and all the terms of the divorce, including property division and child issues. The Texas Family Code does not treat a contested divorce differently from an uncontested divorce or no contest divorce. (These mean …

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Income Withholding for Support Form – Child Support in Texas

In a Texas divorce or child custody case the court will apportion financial responsibility for the well-being of the children by ordering child support. The Texas Family Code deals extensively with ordering, paying and enforcing child support orders. A child support order involves several people and entities–not all lawyers–who need to understand and follow a …

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5 key retirement plan issues in a Texas divorce

In many divorces a major source of assets considered in the property division includes employer sponsored retirement plans and accounts like IRAs funded by prior retirement plans. These retirement plans can house significant financial resources. The parties to a Dallas or Fort Worth divorce may want to conserve them for retirement, may need to spend …

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10 Issues That Will Make Your Texas Divorce More Expensive

Divorce attorneys like myself help clients with divorces and post-divorce actions like enforcement, contempt and modification primarily in Texas. In such a large metropolitan area my clients range in family size, financial assets, post-divorce needs, property ownership and other issues related to their divorce. These divorces can range for very reasonable for clients, particularly with …

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When to start thinking about a QDRO in your Texas divorce

When I draft QDROs in a Texas divorce, one of the parties hires me to draft the QDRO after the judge signs the divorce decree. This is usually not the most efficient or productive method to deal with the QDRO. It is far better to start thinking about the QDRO early in the divorce. Many of …

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What happens when somebody evades service in a Texas divorce?

Under the U.S. and Texas constitutions, all people receive due process. Among due process is the opportunity for awareness of claims brought against you in a court of law. To satisfy due process, the federal and Texas rules of civil procedure require a party sued to receive service of process. Lawyers generally take care of this process …

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