Property Division Attorneys

Military retirement and Texas divorces

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 …

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Planning for a QDRO in your Texas divorce

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 …

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7 Surprising Reasons Why You Might Want a Lawyer for your Uncontested Divorce

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 …

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Retirement account divided in a Texas divorce without a QDRO

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 …

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Is it better to get an uncontested divorce or fight for what you deserve?

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 …

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What happens when the divorce decree doesn’t include the 401k and other retirement assets?

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 …

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Is mediation right for my divorce? Fort Worth divorce lawyer explains

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 …

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Earning the Q in your QDRO

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 …

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7 Ways You Are Mishandling Retirement Plans in Your Texas divorce

, next to perhaps the home. Regardless of the value in these retirement plans, 401k plans and pension plans, many couples mishandle these accounts in divorces. The result can be a substantial financial loss for one spouse, sometimes even for both. Today’s post will detail some of the most common ways people in Texas divorces mishandle …

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Texas family court cannot refuse mediated settlement agreement over best interests of a child

The Texas Supreme Court issued its opinion In re Stephanie Lee. This addressed whether a family court can refuse a mediated settlement agreement when the judge does not believe it is in the children’s best interest. The court held a judge may not reject an MSA believing it is not in the child’s best interest. …

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Fort Worth divorce lawyer explains the presumption of community property

As I discussed in a prior blog post and this page about property division, Texas is a community property state. Simply put, the majority of property acquired during a marriage is community property. That community property is jointly owned by both spouses. Under the Texas Family Code, community property is subject to a just and …

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Should I get a prenuptial agreement in Texas?

The Texas Family Code allows parties to enter into a prenuptial agreement, or prenup, before marriage. It makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code. A prenup in Texas is an agreement between two people prior to entering into marriage that contractually determines property issues during …

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Duress, spousal threats and divorce in Texas

A common concern from divorce clients and people looking for information about divorce comes in the form of, “my husband is threatening to…” or “my wife is threatening to…” with something about taking away the kids or all the property. 99.9% of the time those threats have zero basis in the law and are never going …

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Huffington Post blog on divorce almost gets it right

On July 29th, Huffington Post published a blog post entitled, “We’re Getting a Divorce, Now What?” in which a women-focused financial organization offered nine tips about financial issues to consider in a divorce. I was skeptical going into the article/blog post when I saw it was offered by Women & Co. I’m not skeptical because …

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Why does my spouse get part of my 401k or pension in a divorce?

Spouses in Fort Worth and Dallas are entitled to part of your retirement accounts in Texas because the federal law surrounding retirement plans allows for spouses to earn an interest in your retirement accounts during the marriage. State law allows for family courts to divide these assets based upon a domestic relations order. (That usually becomes …

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What is a living trust and should I have one in Texas?

Known as either a “living trust” or a “revocable living trust”, a trust is a legal creation to simply passing assets from one generation to the next without having to rely on a will and probate courts, which can be more expensive, more complex and financially disadvantageous. While there are many kinds of trusts that …

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Divorce attorney explains community property rules in Texas

Texas is one of nine states in the nation that recognizes marital property as community property. Property owned in Texas by a married couple is either community property or separate property. Community property includes property owned jointly by both spouses. Separate property includes property owned by only one spouse. The law presumes all marital property is …

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