Archives: Divorce

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Income factors in evaluating financial life beyond divorce in an over-50 divorce

The sources of income for an older divorcing spouse can look very different from younger counterparts. Here are some considerations: Social security income: Social security is not a marital asset to be considered in the division of marital property. But, social security can be considered in examining a spouse’s cash flow for looking at property … Continue Reading

Stages of grief in losing a relationship to divorce

Often I am reminded of the grief and loss that spouses must go through emotionally while I handle the legal aspects of the divorce. Sometimes, clients have already processed through the grief before they come to us and their point of acceptance makes handling the divorce from a logical, business standpoint much easier. However, frequently, … Continue Reading

Are you ready for divorce?

Being emotionally prepared for divorce is a crucial part of working through the process. It is particularly difficult if one spouse is emotionally prepared and the other spouse is not ready yet. If you are not emotionally ready for divorce, then the emotion will be intertwined with the decision-making that must happen to effectively work … Continue Reading

What is adultery in Texas?

This is another in my Super Simple FAQs series… What is adultery in Texas? Adultery is a legal term in Texas that means the voluntary sexual intercourse of a married person with one not the spouse. Texas Family Code § 6.003. Adultery does not have to occur pre-separation for it to be a ground for … Continue Reading

Do the 12 divorce myths apply in Texas? (part 2)

This post is a continuation of the discussion about the 12 Top Divorce Myths. Here’s the link to part one: Do the 12 divorce myths apply in Texas? Myth 7: You can avoid paying child support. Child support is a mandatory order in Texas and must be ordered absent extreme circumstances. If you are ordered to … Continue Reading

Do the 12 divorce myths apply in Texas? (part 1)

Do the 12 divorce myths apply in Texas? The Huffington Post ran an article recently about the 12 Top Divorce Myths. The article was written by Daniel Clement, renowned divorce lawyer in New York, and they all hold true in Texas divorces as well. My favorite myth is #8. Read on to learn why. Myth … Continue Reading

5 things you will wish you knew after your divorce

Making the decision to divorce is one of the hardest, most emotional decisions in a person’s life. Dealing with the heartbreak and disappointment that comes along with divorce can be enough to overwhelm the strongest person. Then, dealing with the legal issues of the breakup can push a person beyond where they thought their limit … Continue Reading

Does your Texas county have Standing orders in divorce and family law cases?

Most petitions for divorce or seeking relief in a suit affecting the parent child relationship in Texas include a request for a two-week temporary restraining order. This is intended to maintain the status quo and prevent one spouse from taking any action that harms the other until a hearing may be held. The temporary restraining … Continue Reading

5 Tips for Planning for Divorce in Texas in the New Year

We all have family members or friends who have been through divorce. Although societal stigmas may still exist to some extent, divorce is far less scandalous these days, and often viewed as something that just happens to some couples.  If you are divorcing, this is a healthy perspective for you to take and remember as … Continue Reading

Texas family law courts accept digitized signatures for parties and lawyers in certain divorce cases

Effective September 1, 2015, digitized signatures will be accepted on pleadings or orders in proceedings for divorce and protective orders. The new law provides as follows: A digitized signature on an original petition under this title or any other pleading or order in a proceeding under this title satisfies the requirements for and imposes the duties … Continue Reading

Standard divorce orders coming into 21st century

A new law effective 9/1/15 expands the scope of prohibited actions that may be contained in a temporary restraining order granted during a Texas divorce proceeding. The laundry list of prohibited actions comes further into the 21st century, prohibiting parties from communicating and threatening each other via electronic voice transmission, video chat, or electronic messaging … Continue Reading

Divorce in the New Year Protecting Your Business

January is the month of renewal - closing the door on the negativity of the prior year and planning for the challenges of the new year. Many commit to weight loss, exercise, or stopping smoking at the start of a new year as an opportunity to make improvements in their lives. On the other hand, some people use the beginning of a new year to make new personal beginnings, such as ending their marriage.… Continue Reading

Reasons not to file a joint tax return during a Texas divorce

Texas marital property law is different than most other states because it is based on a scheme of community property. In dealing with filing of tax returns, this difference can cause a significant impact on divorcing spouses. In community property states, each spouse, if filing separately, reports one half of the other spouse’s community income, … Continue Reading

Strategic Tax Filing During Divorce in Texas

Filing income tax returns while a divorce pends can be an especially contentious issue. When one spouse lacks trust in the other spouse, even filing a joint return can be troublesome. Usually filing jointly results in reduced overall tax burden for the still-married couple. But, sometimes filing jointly may result in a greater benefit to … Continue Reading
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