6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
What Counts as Wasteful Spending in a Texas Divorce?
In Texas divorce cases, courts closely examine whether either spouse has engaged in wasteful financial behavior that unfairly reduces the value of the marital estate. If the spending is unauthorized and provides no mutual benefit to the marriage, it is inherently wasteful and will impact the property division process of divorce proceedings. If you believe your spouse could be wasting marital funds or hiding assets leading up to your divorce, something known as the dissipation of assets, an experienced Austin, TX divorce attorney can help you track their spending and hold them legally and financially accountable.
What Is the Dissipation of Marital Assets in Divorce?
Dissipation refers to the misuse or concealment of community property by one spouse, particularly in the context of divorce. Texas Family Code § 3.003 stipulates that all property acquired during the marriage is presumed to be jointly owned with only a few exceptions. When one spouse intentionally reduces the value of the marital estate by transferring funds, hiding assets, or making unjustified withdrawals, the court can intervene to protect the other spouse.
How Is Artwork Valued and Divided in a Texas Divorce?
When a marriage ends, dividing unique, high-value assets can present difficult legal and emotional challenges. Artwork often carries sentimental and financial significance, and its value can fluctuate based on many factors, including the market, artistic reputation, and condition. In Texas, the process of determining ownership and dividing that artwork in a complex divorce requires an understanding of community property laws and appraisal standards. An experienced Austin, TX high-net-worth divorce attorney can help.
Is Artwork Considered Community or Separate Property in Texas?
Texas is a community property state, as outlined in Texas Family Code § 3.002. According to this law, most property acquired during the marriage is presumed to be jointly owned by both spouses and is, therefore, subject to equal division. However, the statute identifies certain property, including gifts, inheritances, and assets owned before the marriage, as separate property that is not subject to division.
Understanding and Proving Parental Alienation in Texas
When parents' relationships deteriorate, emotions can run high and easily turn to spite. Unfortunately, parents sometimes involve their children in disputes, using them to alienate the other parent. Complex child custody issues like these require careful investigation and legal intervention. If you think this is happening to you, you need an Austin child custody attorney to explain your legal options and help you build a case to prove parental alienation.
What Is Parental Alienation?
In the passive form, parental alienation can look like one parent undermining the child’s ability to see the other parent, like trying to withhold parenting time or not letting the child come to the phone. More directly, it may look like one parent consantly talking badly about the other parent to the child, divulging inappropriate details about the parents' separation, or shaming the child for speaking positively about the other parent. No matter how it shows up, parental alienation aims to poison how the child views a parent.
Do Commingled Assets Make a Texas Divorce More Complicated?
Divorce can look different for every couple, but for most, the property division component is a pain, even when you have very little to divide. However, when you are dealing with complex property division issues, such as commingled assets, Texas’s community property laws can feel like a heavy financial and emotional burden. Working with an experienced Austin, TX divorce attorney is the best way to navigate the legal process and protect your rights.
What Are Commingled Assets?
Commingling of assets occurs when separate property, such as gifts or inheritances, blends with community property, blurring the lines of ownership during the property division portion of divorce. Under Texas law, separate property stays separate unless it mixes with marital property. For example, if you inherited a significant amount of funds, those funds would belong solely to you. However, if you deposit the inheritance into a shared account that both you and your spouse contribute to and use to pay shared expenses, the inheritance would likely be considered community property, subject to equal division.
What Happens if My Divorce Goes to Trial in Texas?
Many divorce cases in Texas are settled outside the courtroom, typically using mediation to resolve disputes. However, if your case goes to trial, you need an Austin, TX divorce attorney to aggressively represent your best interests. Consider some elements of a litigated divorce, and then talk to an experienced lawyer about what the process could look like for you, including options that allow you to avoid a lengthy and expensive courtroom battle.
What Are the Types of Trials for a Texas Divorce?
In Texas, there are generally two types of trials for divorce. In most cases, a judge will hear the case. This is known as a bench trial. However, occasionally, a jury will hear the case, but juries have limited abilities in divorce proceedings.
Jury Trial for a Texas Divorce
According to Texas law, a jury can make decisions about child custody, grounds for divorce, and property characterization. Jurors can designate who will get primary physical custody and determine whether the grounds for divorce alleged by either spouse are valid. For example, if you filed for divorce on the grounds of adultery, the jury can decide whether the evidence shows that those grounds are true. They can also categorize property as community or separate property. However, they cannot make decisions about how property is divided, and they do not address child or spousal support.
Do Wealthy Parents Pay More Child Support in Texas?
Parents who have worked hard and fought for their careers often find themselves very frustrated at the idea of paying child support after a divorce. Likewise, parents who hope to receive child support often find themselves equally frustrated when they feel they have to fight for the money their child needs, especially if the paying parent earns a large income.
Income can definitely affect child support payments in Texas, but not always in the way people expect. Texas has a structured formula for calculating child support, but that formula has a cap. Beyond that cap, the court has the discretion to set payments. If you or your co-parent earns a high income, the amount of child support may be higher, but it will depend on more than just your paycheck.
For high-net-worth families in Texas, child support disputes can become complex quickly. The stakes are high, especially when the children are used to a certain standard of living. Getting child support payments right is not about spoiling the children; it is about meeting their needs in a way that reflects the realities of their lives. Whether you anticipate paying or receiving child support, our board-certified Travis County, TX child support lawyers are here to help.
5 Things People Fight Over Most in Divorce
Even when both spouses agree that divorce is the right decision, strong emotions can arise when it comes time to divide property and make decisions about the future. Some topics are more likely than others to cause arguments, delays, and even courtroom battles.
At Powers Kerr & Rashidi, PLLC, our Travis County, TX board-certified family law attorneys understand what is at stake. Whether your divorce is high-conflict or cooperative, here are five issues that most often lead to disputes.
What Are the Most Common Sources of Conflict in Divorce?
Each marriage is different, but certain issues consistently create friction during the divorce process:
Child Custody and Parenting Time
Many parents disagree about where their children should live and how often each parent should see them. Even when both parents are involved and loving, concerns about stability, schooling, and schedules can turn into heated disputes.
How Does a Narcissist Affect the Divorce Process?
Divorcing a spouse with narcissistic traits can be far more difficult than a typical divorce. While every separation involves emotion and conflict to some degree, narcissistic behavior tends to make the legal process longer, more expensive, and more draining, especially when children or complex finances are involved.
If you are considering or currently going through a divorce with someone who is controlling, manipulative, or emotionally abusive, you need a fearless team of Austin, TX divorce attorneys who understand the unique challenges that come with high-conflict personalities. With the right approach, you can still reach a fair and enforceable outcome.
How Narcissistic Behavior Complicates Divorce
Narcissists often refuse to compromise. They may view divorce as a personal attack or a competition they must win. This mindset can cause unnecessary delays, endless arguments over minor details, and the weaponization of custody or financial support. Common behaviors include:
Proving You Own Part of Your Spouse's Business in a Texas Divorce
Divorce becomes more complicated when one spouse owns a business, especially if the other spouse contributed time, effort, or money to help build it. If you live in Austin or Travis County and are divorcing someone who runs a small business, you may be wondering whether you have any right to a share of that business, even if your name is not on the paperwork or there is a prenuptial agreement in place.
Texas is a community property state, and in many cases, people who helped their spouse grow a business may have a valid claim to part of its value. Understanding how to prove your contribution is key to securing a fair outcome, and our Texas board-certified family law attorneys can help you understand whether and how you can do just that.
When Is a Business Considered Community Property?
In Texas, community property includes most assets acquired or grown during the marriage — regardless of which spouse’s name is on the title. This often includes business interests, unless the business was started before the marriage and kept entirely separate from marital finances. Even then, appreciation in the value of the business during the marriage may still be subject to division.
Can Someone Use Money to Influence Custody Outcomes?
Divorcing parents with significant assets often face concerns beyond dividing property and investments. One of the more subtle — and serious — concerns in a high-asset divorce is whether one parent might use their financial advantage to sway the outcome of a custody case. It is a valid fear, especially when one spouse has historically controlled the family's wealth or earns significantly more.
In Texas, courts are required to focus on the best interest of the child, not the financial status of either parent. Still, money can influence custody disputes in indirect ways that merit careful attention. After reading this blog, contact our Austin child custody lawyers to learn more.
How Texas Courts Approach Custody Decisions
Texas law refers to custody as "conservatorship," which includes both legal rights and responsibilities toward a child, along with parenting time (called "possession and access"). The primary legal standard judges must follow is the "best interest of the child," as outlined in the Texas Family Code.
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
