Blog Posts - Divorce
The New Year Brings More Divorces: An Overview of the Data
Divorce happens. The American Psychological Association (APA) estimates that somewhere between 40 percent and 50 percent of marriages end in divorce. While a divorce can be filed at any time, a disproportionate number of couples opt to file for divorce within the first three months of the year—particularly in January....
Continue ReadingDivorce Consultation Questions: What to Ask the Attorney
Finding a lawyer is easy. Finding the right lawyer is not easy. At first, finding the right family law attorney seems like a matter of searching Google. Texas has one of the highest number of lawyers per capita in the country. On the surface, all lawyers seem the same. After...
Continue ReadingNavigating the Divorce Process: Steps and Considerations
Recent legal changes make it more important than ever to work with a Fort Worth family law attorney. The overall divorce rate has leveled off since the 1990s. But divorce’s moral acceptability rate recently hit an all-time high. Marriage dissolution has moved from one of the most controversial moral issues...
Continue ReadingWhat are the Requirements for a Prenup?
A prenuptial agreement (prenup) can provide clarity for a couple in the event of a divorce. Although not the most romantic thing in the world, there are several different tangible benefits associated with a prenup. Texas law allows couples to sign prenuptial agreements—but they must meet certain legal requirements to...
Continue ReadingHow Long Does a Divorce Take?
Are you preparing for a divorce in Texas? It is normal to feel stressed out, even overwhelmed by the prospect. Like most people, you probably want the process to be done as soon as possible so that you can start to move forward with your life. This raises an important...
Continue ReadingWhy Does the Divorce Process Take So Long?
Divorce is part of life for many couples. The American Psychosocial Association (APA) cites data showing that as many as half of married couples will eventually get divorced. Going through a divorce is never easy—it has the potential to be a long, drawn-out process. **Why does divorce take so long...
Continue ReadingWhat are My Rights When I am Going Through a Divorce in Texas?
While your divorce case is pending, you have the right to parenting time with your children, and if you depended on your spouse financially during your marriage, you might be entitled to pendente lite alimony. Even if you are a highly organized person who is used to adapting to changes...
Continue ReadingSteps to Take to Start the Divorce Process in Texas
Before you file for divorce, think about whether it is the right decision and think about why you want a divorce. The overall divorce rate has leveled off since the 1990s, partially because the marriage rate is lower. But the subsequent marriage divorce rate has continued to increase, mostly because...
Continue ReadingCan Social Media Posts Be Used Against Me in a Divorce?
Our Fort Worth divorce attorney explains how social media posts can jeopardize your rights in a divorce settlement. Posting on social media is a regular part of life for many people. Pictures, status updates, and other types of content provide an intimate window into our personal lives and daily activities....
Continue ReadingIs Litigation Necessary to Complete Your Divorce?
Most divorce cases do not go to trial; after attending mediation, most couples are able to finalize a marital settlement agreement and complete their divorce. The percentage of legal disputes that go to trial is low; this applies in many areas of the law, from criminal cases to personal injury...
Continue ReadingHow Does Your Spouse’s Addiction Affect Your Divorce Case?
People with substance use disorder have the same rights to equitable distribution and to parenting time with their minor children as everyone else, but your spouse’s addiction may continue to affect your finances and family relationships even after your divorce becomes final. Drug and alcohol addiction has destroyed many marriages....
Continue ReadingThree Ways That Divorce Makes Filing Taxes Complicated
The IRS requires you, your estranged spouse, and your lawyers to sort out many tax-related matters when you file tax returns before and shortly after your divorce. Texas is one of only nine states that still follow community property laws, where each spouse walks away from the marriage with 50%...
Continue ReadingThree Common Divorce Mistakes and How to Avoid Them
Lack of organization, being dishonest with the court about your financial situation and making exaggerated claims about how horrible your ex-spouse is will not help you get a fair divorce settlement but being transparent with your divorce lawyer will. Most divorced people will tell you that they never felt angrier,...
Continue ReadingWhat Happens if Your Spouse Hides Assets During a Divorce?
Both parties must be honest about their finances during a divorce; if your spouse is hiding marital assets, your lawyer will find the assets and the court will award you a share of them. Money and dishonesty are two of the biggest issues that lead couples to divorce; it is...
Continue ReadingHow Does Divorce Affect Your Taxes?
Alimony and child support do not count as taxable income or as tax-deductible expenses, but your divorce could affect the taxes on capital gains from the salary of the marital home or on income from a pension earned by one of the former spouses. If filing your taxes is the...
Continue ReadingWhat if My Ex-Spouse Will Not Follow the Child Custody Order?
Going through a custody case is never easy. It can bring a great sense of relief when a custody agreement is reached or a custody order is entered. Under Texas law (Tex. Fam. Code § 153.002), courts will always default to the “_best interests of the child_” when adjudicating custody...
Continue ReadingRun a Business With Your Spouse? What to Know About the Divorce Process
Getting a divorce is never easy. Spouses invariably have a lot of financial, logistical, and emotional issues that need to be addressed. Divorce is even more challenging for business owners–especially those who run a company with their spouse. It is imperative that you protect yourself and your business. In this...
Continue ReadingCan I Keep My Health Insurance After Divorce?
Regardless of which state you’re getting a divorce in, health insurance coverage under the policy of a spouse will be terminated after the divorce has been finalized. Most policies, however, permit dependent spouses to obtain coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA) for 36 months after the divorce....
Continue ReadingDoes An Affair Really Impact The Terms of a TX Divorce?
Cheating, adultery, infidelity, or an affair, regardless of what it’s called, has permanently damaged countless marriages worldwide. In general, marriages that involve extramarital affairs often end in divorce. If you are considering divorce, you’re probably wondering if an affair would impact the terms of your divorce. Spoiler alert – yes,...
Continue ReadingHow Does Moving Out Affect Divorce?
Divorce is usually an incredibly trying and overwhelming time for the divorcing couple and any kids involved. Depending on your situation, you may be looking forward to moving out of the marital home as soon as you can but are also worried about how it may affect the impending divorce....
Continue ReadingWhat If I Can't Find My Spouse During TX Divorce Proceedings?
It can be challenging to get a divorce when you do not know where your spouse is and how you can serve them the divorce papers. In the past, both spouses were legally required to agree to the divorce before the court would grant them one. Nowadays, however, you might...
Continue ReadingCan a Divorce Affect My Retirement Funds?
Divorce can be very challenging not just emotionally but financially as well. You will have to make a lot of decisions regarding the division of your assets and property, which includes your retirement funds. In most cases, retirement savings are among the most sizable assets that married couples own. This...
Continue ReadingSteps to Take if Ex Doesn't Comply with Divorce Decree
A divorce decree is a lawful court order that must be fully complied with by both parties. If your ex-spouse does not fully comply with the obligations as stated in the decree, then you have the option to take legal action to make sure he or she is brought to...
Continue ReadingCan Receiving a Stimulus Check Affect Your Asset Division in a Divorce?
There is no denying that, in 2020, we are living in unprecedented times that seem to have changed just about everything. As such, it’s no surprise that the divorce process has also been affected. If you’re facing divorce, you may have questions or concerns about how the stimulus checks most...
Continue ReadingIs property split 50-50 in a Texas divorce?
Texas, like most states, treats property and assets obtained during a marriage as shared property, and it gives both spouses an equal right to it. But some people hear the words “equitable distribution of assets” and they think that means an equal distribution of property – like an imaginary line...
Continue ReadingDivorce Checklist
Life is busy. And complicated. Sometimes it doesn’t take much to throw us off course. When it comes to divorce, staying organized and on track is key — the divorce process itself can be challenging, emotionally draining, and stressful. Having a divorce checklist can guide you through the process, keeping...
Continue ReadingHolidays and Parenting Time
While the holiday season can be stressful for many, for parents who are divorced and sharing joint custody of their children, navigating time sharing around the holidays can be particularly challenging. Advance planning, coordination, and cooperation are key to ensuring a happy holiday season for all involved. Texas courts are...
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