Many parents in a divorce are able to work out a custody schedule that balances time between the parents more fairly than the standard possession order. These schedules are often a 50/50 schedule with equal time between the parents or something similar. These arrangements are great when they work. They require a high level of […]
What happens when 50/50 custody fails in Texas? Read More »
Under the Texas Family Code a family court must order a possession schedule for parents when a suit for divorce with kids is granted or when the court issues an order in other child custody cases. The court order often will address other issues involving the children, such as conservator rights of the parents, child
What is visitation in a Texas Divorce? Read More »
After six months of contemplation, the Supreme Court of Texas issued its opinion in Campbell v. Wilder in which it helped out our local District Clerk understand that zero equals zero. The Supreme Court of Texas instructed the Tarrant County District Clerk in Fort Worth, Texas to stop its policy of abusing poor people in
Supreme Court of Texas Smacks Down Tarrant County District Clerk on Indigent Fees Read More »
QDROs–qualified domestic relations orders–are special court orders that divide certain types of employer-sponsored retirement plans as either part of the property division in a divorce, to pay child support, or to pay spousal support. Retirement plans that require a QDRO do so because a state or federal law requires this type of order to lawfully
What retirement plans can be divided by a QDRO in a Texas divorce? Read More »
Family legal issues, including divorce and child custody, are emotional issues that sometimes drive people to cause harm to others. Domestic violence may occur before, during, or even after a divorce or child custody case. The Texas Family Code provides restraining orders and other protections against domestic violence in divorces. These protections can be temporary or
What are restraining orders and protective orders in a Texas divorce? Read More »
People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to
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Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support obligor hides money, dodges process servers, or does not have the income
Enforcing child support with child support liens and QDROs in Texas Read More »
In Texas child support is usually a huge issue in a divorce with children or child custody case. The Texas Family Code sets out guidelines for how to calculate child support in these cases. As a result of the wide range of income across the state, family law attorneys also see a wide range of
Child support above the guidelines in Texas Read More »
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
Do I need temporary orders in my divorce in Fort Worth, Texas? Read More »
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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The Texas Constitution and Texas Property Code set out powerful protections for Texans against creditors. For the average person these protections prevents most creditors from attaching property to satisfy a judgment on a debt. This protects the homestead and a significant amount of personal property in Texas. Property may be foreclosed to satisfy a debt
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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
Can my license be suspended for not paying child support in Texas? Read More »
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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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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Often divorces divide retirement plans like a 401k or defined benefit pension. A judge signs a QDRO (qualified domestic relations order) ordering the retirement plan administrator to divide the benefit. The ability to take funds from the plan under the QDRO depends upon the terms of the QDRO and plan rules. Some plans allow the alternate
Can I take my QDRO money early after my Texas divorce? Read More »
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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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
No Contest Divorces and Waivers of Service in Texas Read More »
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
10 Keys to Tackling Defined Benefit QDROs in a Texas Divorce Read More »
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
Will the Ashley Madison hack lead to more divorces in Texas? Read More »
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