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Recent Blog Posts
Concerns When Dividing a Spouse-Owned Business
A closely-held business is often the most valuable asset in a high net worth divorce, from both a financial and emotional standpoint. Financially, a business is often a couple’s primary income source, and many spouses may be hard-pressed to find alternate employment if the business is removed from their lives. Emotionally, all business-owners know the level of investment required to make a business succeed, particularly from a time standpoint. As a result, for many owners, divorce from their businesses may be as emotionally jarring as divorce from their spouses.
In many cases, the ex-spouses can set aside their personal differences, at least to an extent, and the business can continue operating. In other cases, one spouse is able to buy out the other spouse, through a cash payment, an offset elsewhere in the property settlement, or a combination of both. If neither of these things are in the cards and it is in the best interests of everyone that the business be sold, there are a number of issues that often crop up during the valuation process.
Drafting a Parenting Plan
Since 2005, all couples involved in custody proceedings are required to submit a parenting plan setting out the duties and rights of both parties. Unfortunately, it can be difficult to come to an agreement regarding access to the child or which parent will provide the primary residence. Judges are then required to modify or create the plan themselves, meaning that the couple has little control over the outcome of the custody proceedings. If you or a loved one are involved in custody negotiations, it is important to contact an experienced child custody lawyer who can help you successfully navigate the process while protecting your interests.
Parenting Plan Basics
In order to be approved by a judge, a parenting plan must:
- Set out the rights and duties of a custodian;
- Designate certain periods of possession and access to the child;
- Provide for child support; and
New Law Amends Child Custody Evaluation Requirements
As of March 1st, Texas family courts began applying new standards to child custody evaluations. These court ordered evaluations are performed by experts who are trained to make determinations regarding the fitness of parents as well as the suitability of their respective homes as a residence for the couple’s children. The evaluator’s report is then used as evidence during the custody proceeding. The new law made important changes to evaluator eligibility requirements, conflict of interest and bias issues, and clarified the required elements of an evaluation. Custody evaluations can have a significant impact on the outcome of a custody case, so if you are considering divorce or are involved in a custody dispute, it is important to contact an experienced complex child custody attorney who will aggressively protect the interests of both you and your child.
Evaluation Orders
Dividing Community Property in a Divorce Proceeding
Divorces are notorious for being time-consuming, emotionally draining, and financially taxing. Unfortunately, in Texas, this is often exacerbated by the unique legal process required to divide community property. In many cases, most of a couple’s assets fall under the category of community property and an unfair division could be devastating, so if you or a loved one is considering a divorce, it is vital to speak with a complex property litigation attorney who is familiar with the process and will aggressively represent your interests.
Separate Property v. Community Property
The Texas Constitution specifically defines separate property as any property that was:
- Owned or claimed by the spouse before marriage;
- Acquired by the spouse during marriage by gift or as an inheritance; and
- Recovered by a spouse during marriage for personal injuries, although this does not include any compensation ordered for the loss of earning capacity.
Child Custody Issues
In Texas, the legal rights and responsibilities of a parent who retains custody of a child is referred to as a conservatorship. Although a family law judge can set the terms of a conservatorship, it is much simpler and less stressful if the parents can come to an agreement outside of the courtroom, so if you are considering a divorce, it is important to contact an experienced complex child custody attorney who can help explain your options.
Types of Conservatorships
There are two main types of conservatorships, or custody arrangements in Texas, including:
- Joint managing conservatorship; and
- Sole managing conservatorship.
Joint Managing Conservatorships
In a joint managing conservatorship, both parents share certain rights and duties, including the right to:
- Obtain information from the other parent about the child’s health, education, and welfare;
Property Dispute Roadblocks in High Asset Divorce
When a couple has difficulty seeing eye to eye as they begin the process of ending their marriage, it often takes an aggressive divorce attorney to step in and help address the core legal issues and ensure that the client’s best interest is protected. It is not uncommon for disagreements to arise about everything from alimony and child support to the division of assets and parenting plans.
Property Division According to What Is “Just and Right”
One area in particular that can cause problems for divorcing spouses is the ownership and division of property. Usually, courts in the state of Texas will divide property based on what they believe is best for everyone, taking into consideration the needs of the family, instead of dividing property equally.
Factors such as the spouses’ incomes, the needs of any children involved, and who was at fault for the breakup are all taken into account when property division decisions are made. In some cases, when both spouses agree on the division of property, the court will sometimes approve the agreement and everything is deemed settled. Regardless of how the court arrives at a decision, state law requires the court to approve an arrangement that is “just and right.” This makes splitting property more complex of a matter than merely dividing the ownership down the middle.
When Child Support Cases Go Wrong
Dealing with child support in the midst of a divorce can go one of two ways: The process can either go smoothly or it gets messy. There is rarely any in-between when it comes to agreeing on arrangements and rights between two parties. While some divorcing spouses make it through the transition seamlessly and with mutual understanding – albeit a few minor bumps in the road – other couples are not quite as fortunate.
Child Support Assistance in the State of Texas
Similar to many states, the Office of the Attorney General in Texas is able to assist divorcing spouses with everything from locating an absentee parent and establishing paternity to establishing, enforcing, and modifying child support orders. The state also helps with medical support orders and collecting and distributing child support money.
Applications for child support are accepted by the Attorney General’s Office from any mother, father, or individual who requests the help. The application process is only the first step, however. The initial application process requires you to present the divorce decree, along with your child’s birth certificate and any documents that provide insight to both you and your spouse’s income and assets. You may be required to provide additional documentation if available, such as an acknowledgement of paternity.
Domestic Violence in the Midst of Divorce: What to Do and Where to Turn for Help
Divorce can be challenging enough under normal circumstances, but when the issue of domestic violence is also in the picture, the divorce process is even more complex. Whereas typical divorce can involve a mixture of minor or major disagreements about finances, property, and lifestyle arrangements, domestic violence in the midst of divorce brings an entirely different level of fear to the surface for those undergoing separation. Partners are forced to worry about everything from their day-to-day survival, money and how they will support themselves without their partner, and whether or not their family will have a safe place to rest when the dust settles.
Protective Orders
The use of protective orders are critical anytime you feel you or your family are unsafe due to violence in the home. You can request a protective order from the courts and you should always keep it with you. If your spouse violates the order at any time, it is imperative that you call the police right away. Make sure all of your family members, friends, and neighbors are aware that you have a protective order in place. Keeping them informed will ensure that they can assist you in providing additional sets of eyes and ears in the event that your partner violates the order. If the order is violated and you do call the police, it is also important to have a personal safety plan in place, should they not arrive right away. A personal safety plan can include a number of preparations, including the following:
Sexual Assault and Child Custody: Understanding Your Rights under Texas State Law
Texas is one of only a handful of states with a provision that is designed to protect sexual assault victims in the event that a child is conceived. This law allows women to seek termination of the father’s rights through family court. Unfortunately, there are some key flaws in this provision. On one hand, women may attempt to abuse the law and deny loving fathers the right to parent. On the other, victims may be denied their petition to sever parental rights and be forced to face their assailant. Regardless of which side of this law you fall on, it is critical that you understand your rights.
Petitioning for Termination of Parental Rights Due to Conception During Sexual Assault
If your child was conceived during a sexual assault, it is critical that you take the proper steps to terminate the assailant’s rights to the child. First, you must be able to provide proof that the rape or assault did, in fact, occur. This requires a guilty conviction, which must be obtained through a court of law. In addition, you must be able to provide proof that the child was conceived during the assault. Lastly, you must actively petition the court to have the rights terminated.
Hidden Assets in a High Asset Divorce
Earlier this year, the Panama law firm, Mossack Fonseca, leaked more than 11 million confidential documents. Said to contain information on how some of the world's wealthiest people hide their assets, those documents gave insight to just how easy it is to swindle a spouse during high asset divorce proceedings. But, until now, the general public did not have access to the names or information they contained.
Taxes, Divorce, and Asset Hiding
Asset concealing is not just done in the name of divorce. Many who commit this act of fraud do so in order to avoid paying full taxes on their millions or billions. But the reason is irrelevant when the spouse is either in the dark about the assets or unable to prove they exist – and therein has been the problem for some of the highest profile divorces in history.
One prime example is the divorce of a Russian billionaire, who was accused of hiding millions from his estranged wife during their divorce. She and her attorneys reportedly spent years trying to chase those assets down, often finding only dead ends. In the end, they settled for an undisclosed amount.
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