Uncontested Divorce Attorneys

The importance of a well constructed 50/50 custody arrangement in a divorce in Texas

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

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 […]

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Creative Custody and Possession Schedules in a Texas Divorce

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

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

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The Hidden Danger of Child Support Income Withholding in Texas

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

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

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Planning for a QDRO in your Texas divorce

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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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What it takes to get an uncontested divorce on your own in Texas

Divorce Law, Uncontested Divorce Attorneys

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

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

1 Comment / Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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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5 Problems with 50/50 Custody in Texas Divorces

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

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

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

Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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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Is the standard possession order required in my Texas divorce with children?

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

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

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

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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

Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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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Child support payments not paid through the Attorney General

Child Custody Law, Divorce Law, Protective orders and Temporary Orders Attorneys, Uncontested Divorce Attorneys

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

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Does my spouse have to sign the divorce papers before I can get a divorce?

Divorce Law, Uncontested Divorce Attorneys

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

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

1 Comment / Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

The significance of Mediated Settlement Agreements (MSA) in Texas divorce cases has been reinforced by the recent opinion of the Texas Supreme Court in the case of In re Stephanie Lee. This ruling clarifies that family courts cannot refuse to accept an MSA solely because the judge believes it may not be in the best

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Fort Worth divorce lawyer explains the presumption of community property

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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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Duress, spousal threats and divorce in Texas

1 Comment / Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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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