Divorce more often than not means the division of finances. Whether it’s bank accounts and retirement funds being divided or merely no longer having a second income to rely on, divorce brings about significant financial change. Establishing a solid financial foundation post-divorce can help you regain control of your finances and keep you from sinking into debt. This week, we’ll discuss some essential steps to consider regarding your finances once your divorce is all said and done. Take Stock of Your Assets and Liabilities The first step in post-divorce financial planning is to assess your cur ..read more

The division of real estate is just one more thing to be considered in a divorce. If that divorce is highly contested it can be a challenging aspect to navigate as both parties want the property and will fight for it tooth and nail. On the other hand, in an amicable divorce neither party may want the property and aren’t sure what they want to do with it. In this blog post, we will discuss the potential options for dealing with community real estate during a divorce. Community Property As always, remember that Texas is a community property state. Meaning that in most cases, any property acquire ..read more

There are times in a case when one parent doesn’t necessarily have it together. This can take many forms; whether they are struggling with addiction, involved with an abusive partner, or currently transient. In one way or another their current circumstances leave them unfit to have the children overnight or for more than a couple hours. However, you may not want to cut the children off from their other parent completely, but you understandably don’t feel comfortable leaving the children with them. So how do you navigate this situation? By implementing a step-up possession schedule. What is a S ..read more

Sometimes a potential client has a case and there is no grand story with dramatic facts. No one has cheated and there is no abuse, there are just two people who have grown apart and do not want to be married anymore. Often they have already physically separated and divided up the property in a manner that they believe to be fair. What they are missing is the knowledge of how to complete the process legally. So, taking a step back from the unique situations family law can bring, this week we’ll look at a more common and simple occurrence and the steps taken to get it done properly. As I have pr ..read more

In Texas family law cases, the concept of “nesting” has emerged as a distinctive and progressive arrangement, offering families an alternative approach to co-parenting during and after a divorce. Nesting, also known as “bird’s nesting,” involves maintaining a single-family home for the children while the parents take turns residing there. This allows the children to remain in a stable environment by not having to go back and forth between two homes. However, this arrangement raises novel legal considerations that both parents and legal practitioners should be aware of when exploring this optio ..read more

In today’s interconnected world, our lives are intertwined with digital assets, ranging from social media profiles to cryptocurrencies and online accounts. However, these intangible resources often become a tangible concern when it comes to divorce proceedings in Texas. Digital assets encompass a wide array of virtual possessions, including but not limited to: Cryptocurrencies such as Bitcoin, Ethereum, and yes even Dogecoin. Intellectual property such blogs, eBooks, and other creative works developed during the marriage may have financial worth and thus will need to be divided. Social media p ..read more

Every now and then in matters of divorce the issue of paternity arises. A husband during a divorce may question whether they truly are the father of the child subject to the suit. While at times this may be a valid question, under Texas law he is the father until proven otherwise. This is because Texas has what is called a presumption of paternity. This week we’ll discuss what this means and how to overcome it. The presumption of paternity in Texas is a legal concept that assumes a man is the father of a child if he meets certain criteria. These criteria are listed Section 160.204 of the Texas ..read more

Texas is a community property state, which means that any property or debt acquired during the marriage is generally considered community property, and both spouses share an equal interest in it. However, it’s important to note that not all debts are divided equally during divorce. Instead, Texas courts aim for a just and right division of debts, taking various factors into account. The first step in handling debts in a Texas divorce is to identify and classify them as community or separate. Separate debts are those that either spouse incurred before the marriage, through a gift, or inheritanc ..read more

Divorce proceedings can often lead to contentious battles over asset division. For the most part, parties go through the process and play by the rules. But every now and then, some individuals attempt to hide assets to gain an unfair advantage. This week we’ll talk about the potential consequences of such behavior and why you shouldn’t engage in it. As usual when I’m writing about one of the shady parts of family law, I want to stress do not do this. You will be found out, and it will lead to your case going South faster than a goose in November. Hiding assets during a divorce involves various ..read more

Spousal maintenance is a legal concept designed to provide financial support to a lower-earning or non-earning spouse after a divorce. In Texas, spousal maintenance is governed by specific laws and guidelines that aim to balance the financial needs and abilities of both parties involved. In Texas, eligibility for spousal maintenance is not automatic and requires meeting specific criteria to qualify. The spouse seeking maintenance must demonstrate that they lack sufficient property or income to meet their reasonable minimum needs following the divorce and they must meet one of the following con ..read more