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Houston Divorce and Family Law Blog

Modifying Texas Child Custody / Conservatorship Orders

  • 03
  • February
    2012

Child custody / conservatorship and visitation / possession agreements are never set in stone. It is common for parents to have to return to court when life changes affect those agreements.

There are many reasons for a parent to request child custody modification. This blog will discuss a few of those reasons that can affect a mother's or father's rights.

Changes in child support

One parent's inability to pay court-ordered child support can lead to a battle over conservatorship or possession and access (also known as "visitation"). The sole managing conservator (the parent with custody of the child) may deny visitation in retaliation for not receiving child support. This is against the law, and it also signifies a more significant need: if one parent can no longer pay child support, it may be possible to modify child support and, if necessary, conservatorship, and possession and access.

What Is Community Property?

  • 31
  • January
    2012

When dividing property during your Texas divorce, you must not only consider what each spouse wants but also Texas family laws governing property division.

Texas is a "community property" state. In other words, the property that a husband and wife accumulate during their marriage belongs to both spouses. This includes property acquired in the name of only one spouse. During property division, each spouse has a 50 percent interest in the community property.

One of the first steps in dividing property during a divorce is determining which property is marital property and which property is separate property.

Divorcing With a Small Business, Part Two: Options

  • 24
  • January
    2012

You may have spent years developing your business with your spouse, creating a successful venture. Today, the business may even be your only source of income. Now that you and your spouse are divorcing, what should you do with the family business? Is it possible to keep it running or will you have to close up shop?

In our last post, we discussed business valuation in divorce. This post will explain the options available to divorcing spouses who own a business together.

Just as no two divorces are alike, no two businesses and business partnerships are alike. While business dissolution is the best option for some divorcing spouses who own a business together, other spouses may seek to keep the business alive. There are many creative options available. An experienced divorce lawyer can help you understand these options based on the facts and circumstances of your divorce.

Divorcing With a Small Business, Part One: Business Valuation

  • 17
  • January
    2012

When a prenuptial / postnuptial agreement doesn't dictate what should happen to a family business in the event of a divorce, it is up to the divorcing parties - or the court - to decide what to do with the business and its assets.

Closing up shop and dividing business assets/debts is one option that spouses can consider. We will discuss this option in our next blog post. But what if one spouse wants to continue to operate the business? What should the other spouse receive? How does business valuation in divorce work?

Divorce Can Be Challenging at Any Stage in Life

  • 13
  • January
    2012

A recent article on the Huffington Post Divorce Blog talked about how people experience divorce at different ages. The challenges that young people with children face are going to be different than those faced by couples near retirement age. Of course, no two divorces are alike, but there are commonalities based on age and life experience.

For example, let's compare three types of divorces: a divorce between a young couple after a short-term marriage; a divorce between a mid-life couple involving children; and a divorce between empty-nesters.

Children and Divorce: What Can You Do to Make Divorce Easier on Your Children?

  • 10
  • January
    2012

It's no secret that divorce affects children. Even if your marriage was fraught with arguments, divorce means a significant change in your children's lives. They will no longer have one home, but two. Holidays will never be the same. They may wonder why their parents are making this decision and may even blame themselves.

That is why it is important for parents to consider their children's best interests and rights throughout and after a Texas divorce. How can you help your children through the divorce and what can you do to make things easier on them after the divorce?

Is Your Spouse Hiding Assets in Your Divorce?

  • 06
  • January
    2012

In a 2007 study published in Forbes.com, 56 percent of women and 36 percent of men whose wealth was at least $1 million said that they had hidden or protected assets. Those that made over $10 million were the most likely to have hidden assets.

Many people admitted to using wealth preservation strategies, where they hid assets from creditors and spouses through offshore accounts and asset protection trusts. Others use other trusts, holdings, charitable foundations, family-limited partnerships, and equity reduction plans (ERPs). Still others may hide assets through their business partners or family members and in expensive artwork or office furniture. They may even collude with their employer/business partners to delay bonuses/raises until after the divorce.

How can you uncover hidden assets during a Houston divorce?

Two Things Certain in Life: Divorce and Taxes?

  • 04
  • January
    2012

Whether you are considering filing for divorce, in the midst of a divorce, or newly single, it is time to start thinking about how your Texas divorce will affect taxes. The following are some of the important factors to consider when filing taxes in 2012:

Tax filing status: Your filing status for the entire year is based on your marital status on December 31, 2011. For example, if you were divorced on December 30, 2011, you will be considered "single" (or, depending on your situation, "head of household") for 2011 tax purposes. You may not file a joint return.

If your divorce decree was not issued until January 1, 2012, then you will be considered "married" for tax purposes. You can choose to file as "married filing jointly" or "married filing separately."

Adopting Your Grandchildren in Texas

  • 30
  • December
    2011

Perhaps you have taken care of your grandchildren for years and you would like to make the relationship official. Or circumstances have changed and your grandchildren need someone else to take care of them. Whatever the case, you are ready to start the adoption process. What steps do you need to take? How can you get approval to adopt the kids you love so much?

As Houston adoption lawyers, we are privileged to experience the moments when grandparent adoptions are completed. We also understand the complex nature of these adoptions and the legal issues that can prevent Texas grandparent adoptions.

Texas Alimony Law: What Factors Will the Court Consider?

  • 27
  • December
    2011

Texas alimony, also known as "maintenance," can be an important and contentious part of a high-asset divorce, especially when one spouse is the so-called "bread winner" and the other spouse has significantly contributed to the home and child rearing.

While parties can contractually agree on Texas alimony, courts have the final say. Therefore, it can be helpful to understand the factors that courts will consider when determining spousal maintenance. Below is a list of some of the relevant factors courts can use. If you are going through a divorce, discuss these factors with a Houston alimony lawyer to help determine whether you or your spouse may be eligible for alimony.

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