Yes, Texas requires a divorce to dissolve a common law marriage; but the question is not as simple as you might think. Texas recognizes a common law marriage or an informal marriage as equal to a formal marriage. It requires a divorce (or annulment or death) to dissolve the marriage. The Texas Family Code has […]
Do I need a divorce for my common law marriage in Texas? Read More »
As a Texas divorce lawyer, I have written about dividing employer-sponsored retirement plans in a divorce through a qualified domestic relations order, or QDRO. These benefit plans are not the only retirement assets to divide in a Texas divorce. Individual Retirement Accounts, or IRAs, are also divisible in a divorce. A key misconception by many suffering through a
Dividing IRAs in a Dallas or Fort Worth Divorce Read More »
Many large and longstanding employers, like AT&T, General Motors, Hewlitt Packard and Bank of America, have defined benefit pension plans that offer retirement benefits more complicated in their benefit formula than a 401k plan where the participant receives the vested benefit on the distribution date. These defined benefit plans determine benefits out of a combination of service
AT&T Pension Benefits and QDROs in a Texas divorce Read More »
This is a fairly common question I receive at my Texas law office from potential divorcees who feel trapped by their spouse because the spouse is adamant about remaining in the marriage for one reason or the other. At fault divorces in Texas Once upon a time in Texas a divorce could only occur for very
My spouse doesn’t want a Texas divorce but I do. What can I do? Read More »
Once upon a time I practiced a fair amount of family law in Texas where I assisted clients with divorces, child custody, child support, modifications and enforcements. I can say that the judges in family courts care a lot about the presence and appearance of the parties in front of them. Judges only see parents
How to prepare for family court in Texas Read More »
There are a lot of lawyers and non-lawyers offering services for cheap uncontested divorces in Texas. Many of these entities offering cheap uncontested divorces offer prices far below what most divorce attorneys charge. Truthfully, divorce attorneys in Texas often charge $250-400 per hour. Some partners at large law firms charge as much as $1000 per
Are you getting what you pay for with a cheap divorce in Texas? Read More »
Many people exit a divorce with children with the desire to balance the custody relationship so the parents split time with the children in a 50/50 custody arrangement. I have written several times about the risks involved in 50/50 child custody arrangements. As great as they are when they work, they are terrible for everybody
The importance of a well constructed 50/50 custody arrangement in a divorce in Texas Read More »
There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its family relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas, Houston, Austin and around other part of Texas, to grant any type of spousal
A few months ago I wrote a post about problems with 50/50 custody arrangements. Generally, the problems I discussed are relevant to any kind of custom or creative custody arrangement deviating from the standard possession order or extended standard possession order schedule found in the Texas Family Code. 50/50 custody arrangements are not the only type
Creative Custody and Possession Schedules in a Texas Divorce Read More »
Military pensions, or military retirement, is a complex and tedious part of a Texas divorce. Generally, dividing retirement plans in divorces can be complex legal and financial undertakings; but military pensions carry unique functions that affect how they fit into a divorce in Texas. What works in one divorce may not be remotely close to the
Military retirement and Texas divorces Read More »
In Texas divorces with children, child support is almost always awarded. Along with the support comes an income withholding order (IWO) to garnish child support from the paying parent’s paycheck. The paying parent, the obligor, will have payments deducted and paid through the Attorney General or a domestic relations office. The income withholding order is often a
The Hidden Danger of Child Support Income Withholding in Texas Read More »
During the asset division in a Texas divorce, an employer-sponsored retirement plan may be subject to the property division. Texas follows the community property rules, which distinguishes between property acquired during the marriage as marital property (community property) from property acquired before the marriage or during the marriage as the individual’s property (separate property). Community
Planning for a QDRO in your Texas divorce Read More »
Parents in Texas sometimes decide they want to terminate another parent’s rights to their children. Often this occurs after a divorce or child custody case issued orders assigning rights to each parent. At some point after the end of the case relationships break down and one parent decides it is time to sever the parent-child
Terminating a parent’s rights in Texas: The Financial Risks Read More »
When a Texas family court issues a custody order in a divorce with children or child custody case the court makes decisions based upon the facts of the family at that time. As parents start living separate lives and children grow older their lives change and sometimes that requires revisiting the original court order. If
Six Risks in Child Custody Modification Lawsuits in Texas Read More »
Last Wednesday I was at the Dallas County Family Courts helping a client wrap up an uncontested divorce. The early morning court sessions are typically open to what are called “prove ups” in which parties present testimony on uncontested issues (such as name changes, uncontested divorce decree signing, etc.) and the judge grants the orders
What it takes to get an uncontested divorce on your own in Texas Read More »
I’m going to tell you something many people would find shocking. Although I offer uncontested divorces in Dallas and Fort Worth, I don’t believe everybody needs a lawyer for uncontested divorce. Seriously. You can get an uncontested divorce in Texas without a divorce lawyer. People do it every day. There are basic forms available online that
7 Surprising Reasons Why You Might Want a Lawyer for your Uncontested Divorce Read More »
“Divorce Corp.” is a documentary released in late 2013, narrated by radio and television personality Dr. Drew, that focuses on addressing the issue of the cost and time involved in divorce. From its initial publicity campaign it positioned itself as a hatchet piece on the judicial process. I finally got around to obtaining a copy.
“Divorce Corp” Review by a Divorce Attorney Read More »
Retirement accounts like pensions, 401ks, ESOPs and other employer-sponsored retirement plans are often divided in a divorce. The property award goes into the divorce decree or incorporates into the decree through a settlement agreement. That is not the end of the process to divide those retirement accounts in a Texas divorce. A separate order orders the
Retirement account divided in a Texas divorce without a QDRO Read More »
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
5 Problems with 50/50 Custody in Texas Divorces Read More »
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
Is it better to get an uncontested divorce or fight for what you deserve? Read More »