Category Archives: Family Law
Asset Division and Protection in Trust
When divorce proceedings begin, each couple must evaluate what assets and property are includable to be divided, as well as whether it is considered community property or separate property. In a separate post, we explained the differences between separate and community property based on state law. Since Texas is a community property state, the… Read More »
Community Property Laws
Property that is acquired during marriage is either considered marital property or community property, depending on the state in which you reside. Currently, there are nine states that enforce community property regulations: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. The remaining 41 other states classify property acquired during a marriage… Read More »
Protective Orders
Protective orders provide legal help for individuals in Texas who are being abused by a spouse or significant other. If you are facing abuse, it is important that you understand the specifics of each type of order; furthermore, make sure to reach out to a lawyer immediately for assistance with your case. Temporary Ex… Read More »
Divorce v. Legal Separation
The first step in order to obtain a divorce decree in many states is to legally separate. Some states require a mandatory period of separation, ranging from three months to three years, while other states do not require that the spouses separate at all prior to getting a legal divorce. Many couples find separation… Read More »
Your Former Spouse’s Rights to Social Security Disability
When your marriage dissolves, you are still entitled to a number of different benefits, depending on a number of factors. We recently wrote about one benefit you must change in order for your former spouse to not inherit when you die, which was changing the beneficiary of your life insurance policy. Another benefit that… Read More »
How to File Taxes When Separated
Marriages dissolve for a number of reasons, but in many states, before you can officially claim marital independence, you must satisfy a state specific separation period. While some states require your length of separation be court documented, sometimes for a period of up to three years, or just by a showing of living independent… Read More »
Visitation Rights: How They are Lost
If you and your significant other separate, there are many things to consider if you have children. One of the most important factors is child custody and visitation rights of both parents, as well as third parties involved in the lives of the children. The Texas Family Code helps outline factors to consider, how… Read More »
Mediation and Family Law Settlements
Over the past decade, alternative dispute resolution has become an alternative method of resolution utilized by a number of couples seeking to finalize the terms of their separation agreement, divorce or child custody agreement. Mediation, a type of alternative dispute resolution method, has been approved by the judicial system as a method of settling… Read More »
Additional Child Tax and IRS Delays
The Internal Revenue Service announced in early January that tax returns may be delayed, especially for those who have claimed the Earned Income Tax Credit or the Additional Child Tax Credit. This delay is intended to only be a few weeks, however, there is concern regarding the impacted group of taxpayers relying on this… Read More »
Protective Orders for Domestic Violence
Divorce and child custody proceedings can be difficult and emotional proceedings that can result from a number of situations, unfortunately including violence within the family. Protective orders are available to ensure an individual’s safety from another using a civil court order in order to prevent acts of domestic violence, sexual assault, trafficking and stalking… Read More »