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Recent Blog Posts

Getting a Prenuptial Agreement for Your Second Marriage

 Posted on April 26,2024 in Prenuptial Agreements

Austin prenuptial agreement lawyerPrenuptial agreements are a debate for some couples, but these agreements have their place in many marriages, whether you are on your first or second. In some cases, people who are marrying for a second time may be more agreeable to a prenuptial agreement so that they can effectively protect themselves from repeating the divorce experience of their first marriage.

A skilled Texas prenuptial agreement lawyer is necessary to help you figure out your prenuptial agreement and ensure that this important document is suitable for both you and your spouse.

When Do Texas Marriages Need a Prenuptial Agreement?

While prenuptial agreements in Texas are a good idea for most marriages, some marriage situations may call for a prenuptial agreement more than others. You should strongly consider a prenuptial agreement for your marriage if any of the following apply:

  • You are marrying again and wish to create an agreement that helps you easily navigate a potential divorce.

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Can I Stop My Ex from Wasting Child Support on Herself?

 Posted on April 19,2024 in Child Support

Austin child support lawyerChild support payments can be a heated topic, and if you are making payments to your ex-wife regularly, it may upset you if you suspect she is spending them on herself instead of to benefit your shared child. Navigating child support once it has been paid to your ex-spouse is complex, and a seasoned Texas child support lawyer is necessary to help you aggressively advocate for your child support payments to be used properly.

Can I See What My Ex is Spending Child Support On?

Many people who pay child support are curious to see what their ex-spouse is spending the payments on, though that is not typically possible. Once you pay your ex, they have full discretion on what to do with your child support payments, as long as they are being used to provide for your shared child.

Your ex-spouse is not required to disclose the nature of their spending habits, though you may be able to see if your ex suddenly has brand new clothing, expensive appliances, or a new vehicle or seems to be living at a higher standard than during your marriage. These actions can indicate that your ex is not using her child support payments properly.

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How Do I Get Spousal Support After My Texas Divorce?

 Posted on April 11,2024 in Divorce

Travis County spousal support lawyerSpousal support, often referred to as spousal maintenance in Texas, is payments made to one spouse from the other to support them after a dissolution of marriage. The state of Texas has certain rules surrounding spousal maintenance payments, and it is important to work with a skilled Texas spousal support attorney to understand your rights.

Who Is Eligible for Spousal Support in Texas?

There are two main ways that you may be eligible to receive spousal support in Texas, and either spouse can request spousal support during a divorce. If you have a prenuptial or postnuptial agreement that outlines spousal support in the case of a divorce, the court will generally honor it. Alternatively, you may be able to request that the court order spousal maintenance payments.

To be eligible to receive court-ordered spousal support payments, the  Texas Family Code states that the spouse requesting payments must show evidence that he or she will not be able to meet his or her needs after the divorce, even after receiving community property divisions and possessing separate property.

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Can I Relocate with My Kids After My Divorce in Texas?

 Posted on April 04,2024 in Divorce

Travis County child custody lawyerAfter your Texas divorce settles, you may be considering a move out of state to start over fresh or to get a new beginning for yourself and your children. However, depending on your child custody agreement and the details of your divorce, you may be unable to move your kids out of Texas after your divorce. In many cases, you must petition the court to allow you to relocate. An experienced Texas child custody lawyer can help you further understand your options.

How Can My Custody Order Affect Relocation?

Your child custody order is one of the first things you will need to consult if you are considering relocation out of Texas. How you go about your relocation depends on the type of child custody you are dealing with. In Texas, this is either a sole managing conservatorship, where one parent is qualified to care for the child, or a joint managing conservatorship, where both parents split the duties of caring for a child.

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What Is a Temporary Restraining Order in Texas Divorce?

 Posted on March 28,2024 in High Asset Divorce

Travis County, TX divorce lawyerProperty and asset division in a divorce is often highly contested, especially if both spouses have high assets or a divorce is particularly contentious. A temporary restraining order (TRO) in a Texas divorce can sometimes be used to ensure that your spouse is prevented from committing fraud with finances or draining accounts and selling assets to avoid splitting property and assets as part of the divorce agreement.

A knowledgeable Texas divorce lawyer can help you obtain a TRO and navigate the asset division process in your divorce.

Understanding a Temporary Restraining Order in Divorce

In Texas, assets and property that are acquired during a marriage are considered community property. These assets are divided fairly between each spouse during a divorce. However, if assets are valuable and contended or one spouse does not wish to split their finances and assets equally with the other, they may attempt to dissipate their assets through selling property, spending or gifting large amounts of money to others, or moving and transferring assets without their spouse’s knowledge.

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How Does a Texas Divorce Affect My 401(K) Account?

 Posted on March 25,2024 in QDROs, Pensions and 401(k)s

Austin, TX divorce lawyerFor many people going through a divorce, your 401(K) account is one of the most valuable assets you have. It is natural to assume that each spouse will keep their respective 401(K) account, but Texas is a community property state, and you may need to divide your marital assets during your divorce, including money put into a 401(K) account.

A skilled Texas divorce attorney can help you navigate Texas property and asset division rules and fight for you to keep the assets you are entitled to.

How Will My 401(K) Be Divided in Divorce?

As you start the proceedings for your Texas divorce, it is important to keep in mind specific rules surrounding the division of property and marital assets. In Texas, Family Code states that any property or assets acquired by either spouse during a marriage counts as marital property; this is a “community property” rule. Marital property will need to be divided evenly under this rule, so if you earned or contributed significantly to a 401(K) account during your marriage, your spouse is likely entitled to half of your account.

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What Do I Do if My Spouse Delays Our Divorce?

 Posted on March 13,2024 in Divorce

Austin, TX divorce lawyerDivorce proceedings have the potential to take months, and this process is challenging enough without your soon-to-be ex slowing down the process. There are many different reasons why your divorce proceedings may be delayed, and some of them may be valid. However, your spouse may be causing problems due to high emotions and a contested divorce.

An aggressive Texas divorce lawyer can help you figure out if your spouse is delaying your divorce without a good reason.

Common Delays in a Texas Divorce

Even when a divorce is agreed upon by both parties, divorce proceedings can take at least two months. This is because the Texas Family Code states that divorces must adhere to a sixty-day waiting period before they can be granted, except in divorces where domestic or family violence has been present.

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How Do I Protect My Special Needs Child During Our Texas Divorce?

 Posted on March 08,2024 in Child Custody

Austin, TX special needs child custody lawyerSharing a special needs child during a divorce can be very stressful. Special needs children typically have more rigorous needs, especially when it comes to scheduling and predictability, and this type of complex child custody situation can make the overall divorce process more challenging. Even when both parents are focused on what is best for a child, it can be difficult to figure out how to protect your special needs child during divorce and ensure your child will be fully taken care of after your divorce is finalized.

A compassionate Texas divorce and complex child custody lawyer with experience working with special needs families can help you navigate this process and advocate for the best needs of you and your special needs child.

Navigating a Complex Child Custody Situation

Complex child custody situations are those that involve children with special needs, those that are highly contested, and custody cases involving adoption. In the case of a special needs child, it can be difficult for parents to agree on the best healthcare methods, educational methods, and division of visitation.

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How Do I Stop My Spouse From Getting My Business After Divorce?

 Posted on February 26,2024 in High Asset Divorce

Austin, TX complex divorce lawyerProtecting your major assets like a business during a divorce can be a complex process, especially if your spouse has been involved with the business throughout your marriage. It takes an experienced Texas complex divorce lawyer to aggressively advocate for your rights and ensure that your desires to keep your business after your divorce are recognized.

The Impact of Divorce on Your Business

Divorce is a complicated process, and once you have decided to pursue a divorce in Texas, you may start worrying about how a divorce will impact your business. After all, the majority of divorces include the valuation of assets such as businesses or other properties, and your spouse may be fighting for an equal or majority division of some assets, depending on your specific divorce situation.

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How Do I Act in Court During a Divorce?

 Posted on February 20,2024 in Contested Divorce

Austin, TX divorce attorneyDivorce can be a stressful process full of contention, and if your divorce is contested or especially complex, you may find it difficult to be civil with your spouse. However, there are certain things you should avoid doing while in divorce court and facing your spouse. An experienced Texas divorce lawyer can help you prepare and set your expectations for how to act in court during your divorce.

Tips For Behaving in Divorce Court

As you go through the process of divorce, it is highly likely that you will face your spouse in court or during meditation one or more times. If you are dealing with a stressful or nasty divorce that has lots of conflict, you may find it hard to tolerate being around your spouse, even in divorce court. That being said, you should not behave in certain ways that may hurt the outcome of your divorce.

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