In a recent post I discussed why parents sometimes want to terminate parental rights of another parent after a Texas divorce or child custody case. In that post I discussed why that is often not a financially advantageous decision. Today’s post takes the other side: whether a parent can terminate his or her own rights […]
The Texas sized myth of terminating rights to avoid child support 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 »
In a Texas divorce with kids with joint custody or sole custody the family court must order a possession schedule for how the parents share time with the children. The judge can sign a divorce decree or child custody order with virtually any schedule as long as the schedule is in the best interests of
Is the standard possession order required in my Texas divorce with children? Read More »
I receive this common question from people in the midst of a divorce, particularly those attempting a pro se divorce. (Divorce without the help of an attorney.) The story is sometimes different but the question is always the same. Sometimes the spouses agree not to mess with dividing retirement accounts in the divorce to keep things
Mediation is a common practice in Texas divorces because it offers the opportunity for the spouses to make decisions between themselves about how to divide parenting issues and property rather than have a judge or jury make those decisions for them. Mediation is a process in which a neutral third party (the mediator) works to
Is mediation right for my divorce? Fort Worth divorce lawyer explains Read More »
In a Texas divorce, one of the major assets to address in a property division include retirement accounts, such as a 401k or defined benefit pension plan. Retirement assets within a private employer’s retirement plan are typically governed by ERISA. ERISA, the Employee Retirement Income Security Act of 1974, establishes particular processes for dividing assets
Earning the Q in your QDRO Read More »
A common mistake child support obligors make is paying child support payments directly to the obligee-parent rather than to the Texas Attorney General’s State Disbursement Unit (SDU). This mistake can be costly for the obligor even if the obligor believes he or she can pay less by making child support payments directly to the other
Child support payments not paid through the Attorney General Read More »
Marriages that begin before the age of 23 are most likely to end up in divorce. Of marriages beginning when the spouses were under twenty, 48% will end in divorce. For those beginning in the ages 20-23, 31% will end in divorce. Statistics also indicate that the average length of a person’s first divorce is
5 Things You Need to Know about Divorce in Your 20s Read More »
One of the areas in which I help people in family law is with uncontested divorces. An uncontested divorce is a divorce in which the spouses have agreed on their own to divide the property and settled the child issues. The spouses are just looking for a family law attorney to take care of the
Dividing property and uncontested divorces in Texas Read More »
This question is an extremely common question in divorce law. Hollywood wants you to believe the only way a divorce occurs is your spouse voluntarily agrees to “sign the papers”. Almost every show or movie involving a divorce has this situation where one spouse wants it and the other doesn’t; so as long as one spouse refuses to “sign
Does my spouse have to sign the divorce papers before I can get a divorce? Read More »