In Texas, common law marriages are as legally binding as formal marriages. If you are in a common-law marriage and decide to separate, you need to go through the official divorce process just like any other married couple. Establishing a common law marriage First, it is essential to establish whether you have a common-law marriage. In Texas, common law marriages have recognition just like formal marriages.  A common law marriage happens when a couple lives together, agrees to marriage, and presents themselves as a married couple to others. If you meet these conditions, the state recognize ..read more

Court-issued custody orders in Texas are always decided according to the child’s best interests. Therefore, if circumstances change and the existing orders do not serve or prioritize the child’s well-being, they can be modified or adjusted. To modify a child custody order, you must demonstrate a substantial change in circumstances since it was issued and how the modification is best for the child. There is no hardline legal definition of what constitutes this material change. It could be a parent’s relocation, a change in the child’s needs or changes in the parent’s ability to care for the chi ..read more

As a business owner, you may wonder if your business is among the assets you will split with your spouse after parting ways. The answer depends on the particulars of your situation, as explained below. The first step in determining whether your business is subject to division is understanding if it is considered marital or separate property. Marital property includes assets acquired during the marriage, regardless of whose name is on the title. On the other hand, the assets you owned before the marriage, as well as some inheritances or gifts, are collectively known as personal or “separate” pr ..read more

Divorce can bring significant changes to your life, including how you plan for retirement. Understanding the potential long-term effects is crucial to ensuring a secure future. You might not think about retirement right away, but divorce can impact it in various ways. Division of retirement assets In Texas, the law often considers retirement accounts community property, which means the court may divide them between spouses. It can include 401(k) plans, IRAs, and pensions. When these assets get divided, it might reduce the amount you have set aside for retirement. Adjusting your retirement goal ..read more

Texas is a community property state. Typically, that means that all marital property has to be divided 50/50 in a divorce – but the reality is often very nuanced. According to the state statute, the court must also divide marital property “in a manner that the court deems just and right,” which means that facts specific to the individual case can actually skew the asset division process in favor of one spouse. Factors that the court may consider when dividing marital property Every situation is different, but the court may choose to look at: Each spouse’s capacity to become self-supporting: Th ..read more

When you file for divorce, property division is an important aspect of the process. Understanding how it works and what you are entitled to will help you prepare for this.  You can learn more about property division in a Texas divorce here.  Community property  Texas follows community property rules. This means if property is purchased or acquired while you are married, it is owned by you and your spouse.  When a couple divorces, the court will divide this community property in a manner that it deems “just and right,” which may not always be a 50/50 split. The court will co ..read more

Divorce can be tough and often leaves people worried about their financial future. Rebuilding your finances after a divorce may seem overwhelming, but you can get back on track with careful planning and smart decisions. Here are five ways to help you rebuild your finances and move forward confidently. 1. Create a new budget Creating a new budget is one of the first steps to rebuilding your finances. List your income and expenses to see where your money is going. Make sure to include all necessary costs like rent, utilities, groceries and transportation. This will help you understand your finan ..read more

Prenuptial agreements (prenups) are useful legal tools that help couples outline their financial rights and responsibilities before marriage. However, there are certain limitations to what you can include in these agreements. Understanding these restrictions can help ensure your prenup is valid and enforceable. 1. Child custody and support Courts make child custody and support decisions based on the best interests of the child. Prenuptial agreements cannot predetermine these issues. The court will assess the child’s needs, the parents’ circumstances, and other relevant factors to make a fair d ..read more

Shortly after the “honeymoon phase” of your marriage was over, you realized that your spouse had a dark side. Eventually, you realized they were a narcissist or deeply narcissistic in their behavior and you decided to get out. Divorce is going to be a challenge. Narcissists cannot stand losing power and control over others, nor can they tolerate rejection – so you can expect to become the target of all their rage and abuse.  How do you protect yourself during this time? Here are some tips: Establish firm boundaries You need to put some emotional distance between you, and there’s no better ..read more

No couple wants the details of their divorce becoming fodder for gossip. If you are known in your community or your profession, it can be even more crucial for the details of your personal divorce process to remain private. For example, if you’re a business owner or partner, it may also be necessary that the financial documents you have to disclose don’t become public. Competitors can potentially use this information to gain an advantage over you. Confidentiality is a big reason why many couples choose to have a mediated rather than litigated divorce. This helps keep the divorce out of court ..read more