Texas Divorce Attorney Blog
Alex Graves, award-winning director of “The West Wing” recently finalized his divorce from his wife of 19 years. Pursuant to the final order, the spouses’ property was divided evenly. Does the State of Texas mandate a fifty-fifty division of property upon divorce? The short answer is “no.” Continue Reading ›
It’s Not Too Late to Get a Prenup!
I know what you’re thinking…. “I’m already married; how is it not too late?” Don’t worry; the solution is a postnup! The Texas Family Code allows for couples to enter into a postnuptial agreement (or marital property agreement), which will offer many of the same protections and advantages that a prenuptial agreement offers.
Current Property. At the time of marriage, both spouses often have separate property interests and liabilities that were acquired prior to marriage. Without a prenup, the spouses’ separate property estates often become commingled and indistinguishable from the community estate of the spouses that begins upon marriage, especially if the spouses have been married for a substantial period of time. For example, during marriage, a spouse may inherit a large estate from a relative, gifts, buy a house, sell or trade property, or put separate property money in the same bank account. Although you and your spouse did not execute a premarital agreement, it is not too late to distinguish your separate property in a marital property agreement.
Chapter 4 of the Texas Family Code, Subchapter B, outlines the statutory requirements and guidelines for a marital agreement. Section 4.102 states:
Protective Orders: Who is Protected from Family Violence Under the Texas Family Code?
As a family law attorney, we are involved in a wide array of domestic issues ranging from a husband and wife who have simply fallen out of love and grown apart over the years, to situations involving infidelity and the very real emotional damage that echoes for years to come even after the divorce is finalized, to situations involving children—who will take the kids to baseball practice? Who will be responsible for paying for their health insurance? How will their expenses be handled?
But above all of the complications and struggles that pervade the separation and dissolution of a family unit, there is one issue that the parties, their attorneys, and the Courts place a priority on addressing, and that is family violence. Continue Reading ›
Protect Yourself with a Prenuptial Agreement Before You Wreck Yourself with a Divorce
Wedding season will be upon us soon, and if you or somebody you care about will be getting married this summer, now is the time to strongly consider getting or recommending a premarital agreement Continue Reading ›
Court Emphasizes Importance of Honesty During Collaborative Law Divorce
A Court in Houston recently reinforced the importance of honesty and full disclosure during the Collaborative Law process when it found that a husband potentially committed fraud by failing to disclose changing job circumstances. See Rawls v. Rawls, 2015 WL 5076283 (Tex. App.–Houston [1st Dist.] 2015, no pet.).
A husband and wife in Houston chose to use Collaborative Law to complete their divorce proceedings in 2014. They successfully reached a settlement that included provisions for the wife to receive portions of her husband’s bonus over the next few years. Unfortunately, before the settlement agreement was signed, the husband received a job offer, which he failed to disclose to his wife, and he resigned from his job. Full and complete disclosures of such information is a critical part of the Collaborative Law process, because the goal is to make both parties feel safe to make informed decisions. The Houston Court is currently examining whether the husband committed fraud and breached a fiduciary duty under the Collaborative Law agreement he signed by concealing his job change from his former spouse during the collaborative law process. Continue Reading ›
FedEx May Have to Honor Same-Sex Widow’s Benefits
In a positively surprising ruling, a federal Court refused to dismiss a hearing where FedEx denied survivor benefits to a same-sex spouse. The Plaintiff is Stacy Schuett and she was in a committed relationship for 27 years with her spouse when they were finally married in a civil ceremony in Sonoma County in June of 2013. A day later, her wife, Lesly Taboada-Hall passed away after a long struggle with cancer. The deceased wife worked for FedEx for 26 years and was fully vested in her company’s retirement plan. It was not until six days after her death that same-sex marriage licenses were available in the state of California. At this time, the surviving spouse, Stacy Schuett, submitted a claim as a surviving spouse entitling her to her deceased wife’s pension plan, but FedEx immediately denied her claim because they said she did not meet the definition of “spouse.”
To Move Out or Not To Move Out – That is the Question
When it comes to divorce, we have all heard that timeless adage that is passed between friends, co-workers, neighbors, and the rowdy crowd of stampers that amass for Saturday-night Bingo – “Never voluntarily move out of the marital residence.” A majority of the time, people are not exactly sure why they need to stay in the family residence, they just know that somewhere along the way, this sage proverb was firmly engrained into their psyche and should never be challenged.
Cohabitation Agreements: The Wave of the Future?
With more and more unmarried couples cohabiting these days (regardless of whether they have plans to eventually “tie the knot”), cohabitation agreements are becoming more popular. A cohabitation agreement specifically allows cohabitants to legally define their rights and obligations toward each other. Cohabitation agreements can be very useful when one of the cohabitating parties dies or if the cohabitants decide to end their relationship. They can also be very useful Continue Reading ›
Title IV Family Violence Protective Orders
The Texas legislature has taken a strong stance against family violence. Title IV of the Texas Family Code codifies the injunctive remedy of Family Violence Protective Orders. In Texas, an Applicant for a Title IV Protective Order must first satisfy the venue requirements and have a qualifying relationship with the Respondent. In limited situations, an Applicant may be afforded the opportunity to apply for a Title IV Protective Order on behalf of another. Continue Reading ›
With Child Support Off the Table, Celebrity Asks for “Pet Support”
Nearly a year after separating, Mandy Moore and Ryan Adams are still trying to negotiate a settlement for divorce. The reason for the drawn out divorce? Alimony. Continue Reading ›