Prenuptial Agreement: Praying for the Best and Prepared for the Worst
Dallas Divorce Law | Divorce
by Miles D. Peterson
1w ago
We’ve all heard the Kanye West lyric “If you ain’t no punk, holla we want prenup!” But what was he talking about and why was it important to the song? Prenuptial (also known as premarital) agreements are contracts that are entered into by future spouses before they are wed. The reasons a couple may to enter into a prenup vary, but they are usually used to define how property will be divided in the event of a divorce. Texas is one of nine community property states. This means that anything earned, bought, or comingled during a marriage is the community property of that marriage. Community prope ..read more
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Divorce: It Doesn’t Have to be a Fight
Dallas Divorce Law | Divorce
by Miles D. Peterson
1M ago
So, you’ve popped the question, walked down the aisle, said I do, and celebrated those closest to you. Time ticks forward, the honeymoon phase passes, and you come to the unfortunate realization that you and your spouse may not be right for each other. Soon after you hear those four dreaded words “I want a divorce”. While I hope none of you find yourselves in that position, the fact remains that it is very much a possibility. My own family has been plagued with divorces. It just seems to be one of those things that is prevalent in every community. But what do you do when you find yourself sudd ..read more
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“I Do” Optional
Dallas Divorce Law | Divorce
by Miles D. Peterson
1M ago
Texas is one of the few states that recognizes common law marriage. Also known as an informal marriage, it allows a couple to be married without having to go through a marriage ceremony. Unless there is a declaration of marriage signed, there are set requirements that must be met to be apart of an informal marriage. First, the couple must agree to be married. I know this one seems obvious, but it is a requirement that can be misconstrued by a party to the relationship. For instance, an engagement does not constitute a present agreement of marriage, but that the couple will be married in the fu ..read more
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Splitting the Puppy
Dallas Divorce Law | Divorce
by Miles D. Peterson
2M ago
These days more and more people are beginning to see and treat their pets as though they are their four legged or winged children. But no matter how much you love them and treat them like family, according to the state of Texas they are property and thus an asset to be divided during a divorce. Unlike for your children, the Court is not going to set a possession and access schedule for your pets, at least not by default. If your pet is separate property, meaning it was adopted before the marriage, then you will likely be awarded the pet in the divorce. However, if it is determined that the pet ..read more
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The Business Owner’s Divorce
Dallas Divorce Law | Divorce
by Michelle O'Neil
5M ago
In a Texas divorce, there are several issues that are unique to considering a business as an asset in the property division. The normal property division issues of identification, characterization, valuation, and division each have intricacies for businesses that need to be considered. Addressing the type of entity (corporation, partnership, sole proprietorship) is important because the rules for a Texas divorce differ depending on the type of entity. Determining the date of formation of the business entity may be crucial to the characterization as either separate property or community propert ..read more
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I Want to Keep My Pet in the Divorce
Dallas Divorce Law | Divorce
by Brook Fulks
1y ago
A common question in a divorce is who gets to keep the pets. Whether it be a dog, cat, parrot, fish, bearded dragon, or snake, most pets are considered members of the family. There is no doubt that many people will advocate for their rights as a pet parent. But is there a required possession schedule so that each person has continued rights to visit the pet? In Texas, the answer is no. Pets are property in Texas Texas law treats animals as property. Beginning in 1858 with the Texas Supreme Court case of Howard v. York, Texas established that, not only are animals property, but they are charac ..read more
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Pre-Litigation Mediation: Is it Right for You?
Dallas Divorce Law | Divorce
by Brook Fulks
2y ago
Mediation is an alternative dispute resolution process that has become a requirement in most family law cases. A mediator is a neutral third-party who helps facilitate the settlement negotiations between the parties. Generally, one party and that party’s attorney stay in one room; the other party and that party’s attorney stay in another room; and the mediator goes between the rooms. The parties can conclude the mediation with a Mediated Settlement Agreement (“MSA”). This is an irrevocable settlement agreement that is filed with the court. Either party can seek a final judgment on the MSA and ..read more
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Considerations Before Filing For Divorce
Dallas Divorce Law | Divorce
by Brook Fulks
2y ago
You’ve been in quarantine with your spouse for six weeks, and you’re seriously considering filing for divorce. One question to consider prior to filing is: “What is my plan?” That question may seem almost unanswerable right now. Six weeks ago, we all had plans which were then derailed by COVID-19. Within a matter of days, children were home from schools; spouses were confined to the home; and divorced parents had to adjust possession schedules. The past weeks with your spouse may have further strained an already difficult relationship. Before rushing to file for divorce, consider the followin ..read more
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4 ways to prepare for your Texas divorce
Dallas Divorce Law | Divorce
by Michelle O'Neil
3y ago
Luck favors the prepared, especially in divorce proceedings. If you are considering a divorce, there are some important steps to take beforehand. By preparing ahead of time, you can cut down on much of the stress and uncertainty that people often face during and after the divorce process. Planning ahead allows you to save time and money during the process, and will enable you to start preparing for your life after divorce. Below are some things to think about as you begin preparing for a divorce. Consult with an attorney. One of the most important decisions you will make will be to hire an at ..read more
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True or False – Family Law Cases are fair
Dallas Divorce Law | Divorce
by Jennifer Satagaj
3y ago
Court is just like television.Reality: If you are prepared, there shouldn’t be any shock and awe moments though you can expect to testify in court.  Texas requires “fair notice” in pleadings. As a result, you must properly plead in advance of trial everything you are requesting in terms of relief such as a disproportionate share of the marital estate, a fault ground for divorce, custom possession schedule and/or restrictions on possession. My spouse knows this asset is my separate property so I don’t need to be worried about it. Reality: Separate property is not considered in the overall prope ..read more
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