Divorce


uncontested divorce
Divorce is often portrayed in movies as something quite arduous and always has the courts involved, but the reality of it all is that there are options to avoid such painful experiences. While that is true, it does not mean that divorce is without pain, however, it is always good to know that there is something known as an uncontested divorce in Texas. What is an uncontested divorce, you may ask? Just like it sounds, an uncontested divorce means that you and your partner have agreed to the terms of your divorce and don’t need to get the courts involved. As you can tell, there are a lot of positive things that can come with an uncontested divorce and one of the biggest bonuses is that it is much cheaper than a contested divorce. Aside from that, the whole amicable breakup is always a better way to end relationships and it can really help reduce the stress of an already difficult situation. To qualify for an uncontested divorce, it really is quite simple, just make sure you have these following points ticked off: 1) You and your soon to be ex-spouse agree on the divorce terms – Before anything else, you need to make sure that the terms are agreeable to both you and your partner, if this isn’t something that can be confirmed, then you may need mediation or someone to flesh it out, unless it’s a major disagreement then there is still no need to involve the courts. 2) One of the two must have lived in Texas for a minimum of 6 months – Either you or your partner must have lived in Texas for the minimum amount if you plan to file an uncontested divorce in the state of Texas. 3) One of the two must […]

How to Get an Uncontested Divorce in Texas   Recently updated !


prenup
In case you’re wondering what a post-nuptial agreement is, it’s basically just like a pre-marital agreement. The only difference is that pre-marital ones are signed before the marriage and post-nuptial ones are signed after the wedding. Usually, the motivation between a prenup agreement and a post-nuptial agreement are not the same. In Texas, you are allowed to sign a post-nuptial agreement that includes part or all of your community property. The separation of one spouse’s income or both spouse’s income is commonly a part of such agreements as well. This means that when you sign the agreement, you agree that your spouse’s income will be his or her separate property and your income will be yours as well. Furthermore, this means that if a divorce were to occur, your spouse will not be able to claim any part of that income. If you sign a prenup or a post-nuptial agreement, the court will not try to ‘meddle’ in your affairs at the time of your divorce, if you were to divorce. Turning Separate Property Into Community Estate If you want your separate property to be a part of your community property, you can also specify this condition in your pre-nuptial or post-nuptial agreement. When you sign the agreement, the separate property will automatically become part of the community estate. This is of course different from transferring the title of your property to your spouse. Requirements for Post-Nuptial Agreements So you think that you and your spouse are into this idea of signing a post-nuptial agreement. What must you do? First, you need to comply with the requirements set by the state of Texas. If you fail to meet these requirements, your post-nuptial agreement may not be considered valid and therefore cannot be enforced. So what do you need? The post-nuptial […]

What a Post-Nuptial Agreement Can Do For Your Family   Recently updated !



high net worth divorce
When push comes to shove, and both of you are not having it, divorce might be the answer. There’s no more sugarcoating to the fact that life is constantly changing and the same goes with your partner. Yes, you may have initially thought that you see things eye to eye and respect differences if not but some people are not just tolerant or resilient when it comes to fixing things or accepting it.  Some people need space apart to thrive, and that may mean full separation especially if the relationship is riddled with lies, abusive behavior, and intolerable behavior. But what if the divorce is not just a typical case of two individuals separating? What if both of them contributed and earned a hefty amount of properties, cash, and resources over the course of their marriage? What happens next?  This article aims to discuss how one could deal with divorces under the context of the Texas Law. In Texas, there is what they identify as “community property state” it is a property or resource that came to be during the couple’s marital state. When something is tagged as a community property state, it will be split and divided into equal parts for you and your spouse. The issue lies when one spouse tries to hide it or characterize it as his own personal property because, under the legislative regulations, it is not subject to equal division.  Trace, plan and talk to legal counsel  Well, inevitably the first step is to speak to a lawyer and identify all of the properties and determine if it is a community property state or a separate property. With help from one that knows the loopholes of the law governing this civil issue, you will have an objective look regarding the whole situation.  Enterprises that […]

Dealing with High Net-Worth Divorces   Recently updated !


money
Marriage is a union between two people who want to share their life together “for richer, for poorer.” It is common knowledge that they are to share their assets, and that is usually a pleasant discussion. However, when liabilities are the topic, specifically debt, how much accountability does a spouse have? The laws in Texas have specific guidelines with regards to the extent of responsibility you have for your spouse’s debt. Here are some factors that need to be considered: Community Property Laws One key factor to consider is that the state of Texas recognizes Community Property Laws. Thus, every property that the couple acquires or purchases is deemed community property. The exceptions are the property acquired prior to the marriage or property inherited or received as a gift to him/her alone. How does this apply to liabilities? Under typical circumstances, both spouses are equally liable for the debts incurred, regardless of whose account it was charged to. However, there are different situations which often result in different extents of liability. Divorce It is a misconception that Community property also translates into community debt. While it is true that spouses are responsible for each other, that concept is limited to “necessities.” That extends to the purpose of the debt incurred. If the debt was used to acquire necessary items like food, shelter or clothing, it is considered community debt. A credit card charge for a luxury bag, for example, may be disputed as an exception to community debt. It may not seem equitable for the spouse to be liable for that after divorce. However, there are also exceptions to this. Debts Incurred as a Couple There are instances when debt is incurred as a couple, and this agreement is recognized by the divorce court. Thus, if both spouses agree to […]

Am I Responsible for My Spouse’s Debt?   Recently updated !



post-divorce tips
If you’re not one to live by a calendar and a planner, chances are you have a pretty carefree attitude towards life and that you just go with the flow of the situations. That can be a good attitude for a single person, but chaotic for a divorcee with a child. Imagine all your plans clashing with your kid’s and your ex-spouse’s events, it’s like an explosion waiting to happen. It’s better to keep a system both you and your ex-spouse could adhere to to keep a healthy family-work-life balance. For that, I give you two Cs: Calendar and Communication. Keep a Working Calendar Let’s start with the easiest. First, you have to settle on a calendar to use. You can utilize online calendars that you can keep on your phones, or you could buy a physical calendar where you can write your plans on and move back and forth with your child. It’s your choice. Once that’s settled, you move on to the next part which is maintaining that calendar. It’s easy to forget to maintain a calendar, especially if you already mentioned the specific event to your ex during a conversation. But you have to remember that the human mind is feeble and we tend to forget things, so it’s always better to put everything in writing. Input all your personal planned events in the calendar, all your children’s school calendars and summer and holiday breaks, and tell your ex-spouse to do the same. That way, you can visualize the amount of weekends and holidays you can allot and divide for vacations and family events. If possible, try setting reminders for events so that you won’t miss out on any. It may be a handful to keep and maintain a working calendar, but if you get into the […]

Post Divorce Co-parenting Tips   Recently updated !


happy marriage
Every couple who enters into marriage have the intention for it to last forever. However, the vows of staying together in sickness and in health, for richer or poorer is much easier said than done. The challenge of two different people in a lifetime commitment may seem overwhelming. Despite the reported increase of divorce cases in the country, a successful marriage is not impossible. There are many couples who have truly embodied the “’til death do us part” vow, and they share some of their secrets. Recognize Each Other’s Differences It is often said that Opposites Attract, and it is likely that the quality a person finds attractive is one that he/she does not possess. A shy person may be drawn to someone outspoken, or a person who is always organized may appreciate a partner’s spontaneity. These relationships will be exciting, but when they live and make decisions together, a common complaint that arises is “Why can’t you be more like me?” The first secret to a lasting marriage is to always remember that they remain two unique individuals who simply chose to share their lives together. The goal is to appreciate each other’s differences, not to change the other and make them the same. Understand that Men and Women Have Different Needs Even with the increasing ambiguity of gender roles, the fundamental needs of men and women are still different: women need love and men need respect. It is sometimes difficult to distinguish between the two so we need to define further.  Women need to feel secure and assured that they are the priority in a man’s life. Men need to know that their wives will always support them in his ventures, whether they end in victory and defeat. In most successful marriages, even in modern set-ups where both […]

The Secrets to a Lasting Marriage   Recently updated !



community property
Marriage makes two individuals become one. During the whole period of marriage, couples acquire properties which most of the time are jointly owned. Problems may arise when a couple decides to get divorced. Division of a marital home could get difficult. Separation of assets might lead into conflict and we might not properly exercise our rights over our properties if we do not know the laws that govern it. To understand better the context of property relations between the husband and wife in Texas, let us have an overview of the governing laws in marriage and properties. The State of Texas follow a community property in marriage where most of the property acquired, that was not received as an individual gift or inheritance, during marriage belongs to both spouses. Texas family law defines community property as the property and debt acquired from the moment of the marriage until the time of the termination of the marriage. This can be divided in the event of divorce. An asset can be free from division when one of the spouses shall prove by clear and convincing evidence that the asset is his or her separate property. Any property acquired before the marriage, called the separate property, shall stay with the person who acquired it. Texas law provides that if you and your spouse have purchased a house after being married, it is presumed that the house is your community property. Both of you shall have the same rights for the said house. On the other hand, a piece of land that you have inherited from your parents becomes your separate property and shall be awarded to you upon divorcing your spouse. In addition, things that you have bought before being married shall have your full rights.  So, how do we divide a marital […]

How to Divide a Marital Home in a Texas Divorce   Recently updated !


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  The holiday season may be almost over but it’s not a secret that it remains a challenge for divorced parents in Texas. Divorced parents also have to buy gifts, make and carry out plans for the holidays but it’s a period they have to deal with a little differently. To top that off, the holiday obligations all parents have to deal with can cause them to lose sight of what really counts during the holiday season. This season is still one that’s meant to be celebrated and enjoyed.   Stresses and Challenges of Divorced Parents in Texas   If you are a divorced parent, you must be already well-versed regarding the challenges and the struggles this holiday season brings. For sure you have your own holiday plans, and your spouse also has his or her own plans. Both of your expectations could be different, which poses as a potential risk for disappointments on either side during the holidays. Even if things go well between you and your ex-spouse for the rest of the year in terms of co-parenting, it is the holiday season at the end of the year that will really test your civility towards each other. There can be a stifling tension between you and your co-parent, which could stem from different plans and holiday ideas. Both of you will want to have the children with you for the holidays but since you’re living separately, it’s a difficult thing to accept the fact that one must spend the holiday without the children, as per court orders. Your children will be able to sense the stress and tension and it will hinder them from completely enjoying the holidays.   Civil for the Holidays   An obvious solution to this problem is for both parents to try to remain […]

A Holiday Reminder for Divorced Parents in Texas