Parents wanting 50/50 custody in a divorce is a growing desire in Tarrant County and across Texas. Often 50/50 custody is desired by the parents for good reasons. Sometimes 50/50 custody is desired for less noble reasons, such as avoid child support payments or to try to make things difficult on the other parent. In Tarrant County […]
50/50 Custody in a Texas Divorce Read More »
For many people divorce is about the emotional issues and sorting out the children. There is a very important financial aspect to a divorce. The property division of a divorce is about more than fighting over who gets the house and cars. These are important property issues but they may not be the most important issues.
7 Financial Issues in a Texas Divorce Read More »
Unpaid child support is a significant problem in Texas. At the end of 2013 Texas had over $13 billion in child support arrears unpaid. That is a significant sum of money unpaid in support of Texas children. Many parents who should receive child support do not receive the child support obtained through a divorce or custody
When should I try to get child support enforcement in Texas? Read More »
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
Income Withholding for Support Form – Child Support in Texas Read More »
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
5 key retirement plan issues in a Texas divorce Read More »
As a Dallas employment lawyer and divorce lawyer in Texas it is important to stay on top of developing legal issues in our area. Here is some north Texas legal news from the past couple weeks: Texas Attorney General bleats “legal chaos” if same-sex marriage is not deemed void. Last month an Austin state judge declared
March 2015 Dallas and Fort Worth Legal News Roundup in Texas (updated 2021) Read More »
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
10 Issues That Will Make Your Texas Divorce More Expensive Read More »
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
When to start thinking about a QDRO in your Texas divorce Read More »
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
What happens when somebody evades service in a Texas divorce? Read More »
The purpose of a judgment nunc pro tunc is to correct a clerical error in the judgment after the court’s plenary power expired. A motion for judgment nunc pro tunc asks the court to correct the or der so the order matches the judgment. It does not allow a party to ask the court to
What is a judgment nunc pro tunc? Read More »
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 »
One issue dividing retirement accounts in a Texas divorce is whether the division is on shared interest or separate interest. This issue is technical and can be a confusing aspect of dividing retirement plans in a divorce. Often this issue arises when the parties are determining the final language of the divorce decree and the
Shared Interest vs. Separate Interest in a QDRO 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 »