How will property be divided during our divorce?
Lisa E. McKnight, P.C. Blog
by willcrainexela
1y ago
When a married couple divorces, they must divide their property according to state law. In Texas, this begins with dividing the community property from any separate property. Separate and community property Examples of separate property can include property owned by one of the spouses prior to marriage; property received as a gift or inheritance of one spouse during the marriage; personal injury awards received by one spouse; and stock dividends or capital gains on separate property investments of one spouse. Debts will also be treated in similar fashion. Generally, community property includes ..read more
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What happens when a custody dispute crosses borders?
Lisa E. McKnight, P.C. Blog
by willcrainexela
1y ago
Custody battles can be damaging to all involved, but they take on a special dimension when they become international border disputes. Hundreds of children leave the United States with one parent every year, leaving the other parent behind to desperately seek a remedy that would allow them to stay connected to their child. Recent reporting from KXAN-TV cited the plight of a Central Texas father whose son was taken by the child’s mother back to Mexico after he had begun a court-supervised process to establish a relationship with his child. Even though the couple were never married, the father be ..read more
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Are lesbian couples disproportionately affected by divorce?
Lisa E. McKnight, P.C. Blog
by indraneildeyexela
1y ago
Everyone has heard the much-touted statistic that half of all marriages end in divorce. What many do not delineate though is that this statistic (whether true or not) only relates to heterosexual, or opposite-sex marriages. Same-sex marriages have much lower divorce rates, but over time, their rates of divorce are moving up. Same-sex divorces As same-sex divorces increase, there appears to be a stark contrast between male-male divorces (gay divorce) and female-female divorces (lesbian divorce). While same-sex divorce rates are steadily moving up, there appears to be a larger percentage of lesb ..read more
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Mary J. Blige faced money troubles after alimony payments
Lisa E. McKnight, P.C. Blog
by indraneildeyexela
1y ago
Any divorce can prove to be costly, which is why it’s wise for you to do what you can to protect your financial interests throughout the marriage dissolution process. Yet, high asset divorces can be especially expensive. And even though the court may try to find a resolution that is fair for everyone involved, the truth of the matter is that the appearance of wealth can lead to some drastic terms that prove excessively burdensome. Mary J. Blige’s case serves as an example To see an example of this, look no further than the divorce case of singer Mary J. Blige. Despite having accumulated a sign ..read more
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How might mental illness impact a Texas family law case?
Lisa E. McKnight, P.C. Blog
by willcrainexela
1y ago
In recent years, greater attention is being paid to mental health. Whereas in the past, it might have been viewed as a clear negative in family law, people seeking help can be a positive. However, it does impact a family law case. Divorce can be granted based on confinement in a mental hospital A person being confined in a mental hospital is grounds for divorce. The person who is filing because of the other party being confined in a mental hospital can do so whether it is a state or private facility. They must have been in the facility either in Texas or in another state for a minimum of three ..read more
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When can spousal support be awarded during divorce?
Lisa E. McKnight, P.C. Blog
by indraneildeyexela
1y ago
When spousal support comes up during the divorce process, it is helpful for the divorcing couple to be prepared. For that reason, it is helpful for divorcing spouses to be familiar with when spousal support, or alimony, may be awarded. When spousal support may be awarded during divorce There are a couple of circumstances when a former spouse may receive alimony. The divorcing couple can agree to it but when they do not The spouse requesting it must first demonstrate that they are eligible to receive spousal support. To demonstrate eligibility for alimony, the spouse requesting it must demonstr ..read more
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Economic abuse may come in the form of insurance revenge
Lisa E. McKnight, P.C. Blog
by indraneildeyexela
1y ago
When we think of domestic violence, we often think of a couple in a heated argument that turns physical. However, violence between partners or former partners does not have to be physical and can occur even during the divorce process. Many divorcing spouses experience economic abuse when their soon-to-be ex attempts to control them financially. Abusive spouses may act out against their partners through insurance. What is insurance revenge? During a marriage, both parties are often covered under the same insurance policies and typically least each other as beneficiaries. Spouses may use these i ..read more
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How retirement accounts are divided after divorce
Lisa E. McKnight, P.C. Blog
by willcrainexela
1y ago
During a divorce Texas couples need to divide the life they shared together during the marriage. For some couples this means determining who will have custody of their children and when the children will be in each parent’s care. However, every couple will need to divide the property that they acquired during the marriage. For some this can be a very complicated process depending on the amount and type of assets that they acquired during the marriage. Couples going through a high asset divorce may need to use appraisers and other professionals to determine the value of their property. People a ..read more
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How are child support orders enforced?
Lisa E. McKnight, P.C. Blog
by willcrainexela
1y ago
When a parent fails to pay required child support, their child can suffer as a result. There are several different ways that child support obligations are enforced and it is helpful for Texas parents to be familiar with what those child support enforcement methods are. Texas child support enforcement methods There are several methods of enforcing child support including: License suspension: Parents who fail to pay their child support may have their driver’s licenses suspended. They may also have a professional, hunting or fishing licenses suspended for failure to pay child support. Passport de ..read more
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Amending an order for child custody in a Texas divorce
Lisa E. McKnight, P.C. Blog
by indraneildeyexela
1y ago
Texas parents often ask if a court has the power to change its earlier order for child custody. The court has this power, but it must be properly invoked. The state of Texas provides a number of do-it-yourself options for use by persons who do not want or cannot afford another attorney. However, the complexity many requests for the modification of a previous court order for child custody or child support will require an attorney’s assistance at some point. The beginning A request for an amendment to a previous order for child custody must be started by filing a motion in the same court that gr ..read more
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