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Family Law & Divorce

November 30, 2018

Year in Review: Getting Divorced in Texas

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As 2018 comes to a close, we thought we would take the time to revisit some of our articles from earlier in the year. The following are 10 articles we published on our blog discussing topics related to filing for divorce in Texas.

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Categories: Family Law & Divorce

October 31, 2018

Health Insurance and Your Divorce: 5 Important Considerations

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When going through a divorce, one of your primary goals should be to ensure that you will have adequate financial resources to support yourself and your children once your marriage is over. For many divorcing spouses (both parents and non-parents), a key financial consideration during the divorce process is health insurance. While health insurance is something that some divorcing spouses are lucky enough to take for granted, for others, ensuring access to coverage can be a critical component of a successful outcome.

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Categories: Family Law & Divorce

September 14, 2018

Getting Divorced in Texas: When Negotiations Break Down

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For many married couples, getting divorced is an amicable process that involves working together to reach a mutually-agreeable resolution. While the spouses may have their differences, they share the same ultimate goal of ending their marriage as quickly and inexpensively as possible, and this goal can be a powerful motivator when it comes to negotiating in good faith and with an eye toward the future.

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Categories: Family Law & Divorce

August 17, 2018

5 Tax Considerations for Your Texas Divorce

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When going through a divorce, acknowledging and addressing the various tax implications involved in the process can result in significant savings for both spouses while also opening up more opportunities for compromise during settlement negotiations. Although often overlooked, there are numerous ways in which a divorce can trigger tax liability or tax-savings opportunities, and understanding all of the various tax implications of your divorce is critical to avoiding unnecessary tax liability.

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Categories: Family Law & Divorce

July 20, 2018

Special Considerations for Getting Divorced as a Senior Citizen in Texas

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If you are over the age of 65 and you have decided to bring your marriage to an end, it will be important to carefully assess the unique factors involved in getting divorced as a senior citizen. While many aspects of the divorce process are the same regardless of your age, wealth and retirement status, there are some unique considerations involved in getting a divorce in your later years.

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Categories: Family Law & Divorce

July 13, 2018

10 Key Considerations When Filing for Divorce in 2018

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If you have decided to for divorce in 2018, there is a lot you need to know. Here are 10 key considerations to help you begin your preparations.

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Categories: Family Law & Divorce

June 22, 2018

What are My Rights as a Father in a Texas Divorce?

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As a parent, ensuring that you will be able to spend time with your children is one of the most important aspects of the divorce process. But, as a father, it can seem like the odds are stacked against you. Custody laws have traditionally favored granting primary custody to a child’s mother; and, from child support to spousal maintenance, you may be wondering how you will be able to afford to make lasting memories during the little visitation time you have.

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Categories: Family Law & Divorce

June 15, 2018

Will I Be Able to Maintain My Lifestyle After My Divorce?

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Even at the earliest stages of preparing for a divorce, it is important to think about what the future has in store. Once you have decided to end your marriage, getting divorced is simply a means to an end, and you need to approach your divorce as your one chance to preserve your current lifestyle to the greatest extent possible.

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Categories: Family Law & Divorce

May 25, 2018

Answering Your Kids’ Questions During Your Divorce

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When going through a divorce with children, answering your children’s questions can be one of the most difficult parts of the process. You want to provide them with truthful answers and help them establish reasonable expectations, but you also want to make sure they are not involved in the process any more than is absolutely necessary. Your children will be directly affected by the outcome of your divorce, so they deserve answers. But, they also deserve to be protected from the emotional toll of your divorce to the greatest extent possible.

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Categories: Family Law & Divorce

May 18, 2018

What is a Reimbursement Claim in a Texas Divorce?

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If you are preparing to go through a divorce, there are a variety of reasons why you may feel that you are entitled to reimbursement from your soon-to-be-former spouse. While Texas’s community property law largely focuses on distributing spouses’ jointly-owned assets based upon what is “just and right,” it also recognizes that there are circumstances in which one spouse may be entitled to reimbursement notwithstanding the fact that the reimbursement results in what would otherwise appear to be an inequitable distribution of community property.

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Categories: Family Law & Divorce

April 23, 2018

Uncontested, Amicable and Collaborative Divorce: What’s the Difference?

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If you are like most people, you want your divorce to go as quickly and smoothly as possible. You aren’t interested in a drawn-out legal battle; and, if you have children, the last thing you want is for your kids to get pulled into the process. You think your spouse is on the same page, and you have decided that it is time to bring your marriage to an end. So, what type of divorce should you pursue?

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Categories: Family Law & Divorce

March 30, 2018

Adoption Resources for Prospective Parents in Texas

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If you live in Texas and are thinking about adopting a child, it is important to do your research. The process can be challenging if you do not know what to expect; and, if you need financial assistance, there are resources available – provided that you know where to look. You can use the resources linked below to learn more about adopting in Texas; and, if you live in the McKinney area, we encourage you to schedule a free initial consultation with one of our experienced family lawyers.  

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Categories: Family Law & Divorce

March 23, 2018

Should I Contact an Attorney or the Texas Child Support Division?

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Whether you are going through a divorce or separation or struggling to collect payment from a former spouse or partner, if you are dealing with a matter that involves child support, you need to be careful to avoid costly errors. From improperly calculating child support to stopping payment without court approval, there are a variety of mistakes can have long-term consequences for you and your children.

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Categories: Family Law & Divorce

February 14, 2018

6 Tips to Prepare for an Amicable Divorce

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If you and your spouse agree that it is time to end your marriage, you may be considering an amicable divorce. An amicable divorce is a low-stress and cost-effective way to end a marriage, and it is a method that spouses in Texas are using with increasing frequency. Texas law allows spouses to file for a no-fault divorce; and, if you and your spouse are both ready to move on, filing on the basis of “insupportability” is the first step toward achieving an amicable resolution.

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Categories: Family Law & Divorce

January 19, 2018

Practical Tips for Parenting After a Divorce

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As a parent, adjusting to a custody and visitation schedule and maintaining regular contact with your former spouse are likely to be among the most-difficult aspects of life early after your divorce. While certain challenges are going to be inevitable, there are steps you can take during and after your divorce to make this transition as comfortable for you and your children as possible.

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Categories: Family Law & Divorce

December 28, 2017

What the Tax Cuts and Jobs Act Means for Alimony

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When President Trump signed the Tax Cuts and Jobs Act into law on December 22, several aspects of the federal tax code changed significantly. For spouses contemplating divorce, one of the most sweeping changes is a reversal of the tax treatment for spousal support (commonly referred to as “alimony”).

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Categories: Family Law & Divorce

November 10, 2017

Avoid These Mistakes if You are Preparing to Go Through a Divorce

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When preparing to go through a divorce, there are both steps you need to take and mistakes you need to avoid. Here are seven common mistakes that can negatively impact the outcome of your divorce, including some that can potentially get you into legal trouble.

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Categories: Family Law & Divorce

October 27, 2017

What Factors Should Influence When to File for Divorce?

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When contemplating a divorce, there are several questions you need to answer. From legal questions (i.e. “Which assets do I want to protect most during my divorce?”) to those that are more practical in nature (i.e. “Am I prepared to devote the necessary time and attention to the divorce process?”), all of these questions are important, and your answers will help to shape what you can expect both during your divorce and once your marriage is over.

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Categories: Family Law & Divorce

October 20, 2017

What Do Divorcing Parents Need to Know about Child Custody Evaluations in Texas?

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If you are preparing for a divorce and have been doing some research online, you may have come across the term, “child custody evaluation.” Most divorces can be resolved without a child custody evaluation. In fact, the Texas courts consider these evaluations a “last resort,” and they are generally only used for establishing parenting rights and responsibilities when there are unique issues at play and the parents cannot arrive at the terms of an acceptable custody arrangement on their own.

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Categories: Family Law & Divorce

September 22, 2017

Understanding Your Obligations to the IRS After a Divorce

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Getting divorced has a number of financial implications, and this means that it also has potential implications for divorcing spouses’ obligations to the Internal Revenue Service (IRS). When going through a divorce, it is important to keep in mind that various aspects of your divorce can have tax consequences; and, for many separating couples, tax planning can be a key component of the divorce process.

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Categories: Family Law & Divorce

August 31, 2017

4 Tips for Protecting Your Privacy During Your Divorce

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When you file for divorce, do you have to worry that your family’s financial records and “dirty laundry” will be aired in public? This is a common concern among spouses contemplating divorce, and one that is worthy of consideration when preparing to go through the divorce process.

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Categories: Family Law & Divorce

July 31, 2017

Understanding Your Obligations to the IRS After a Divorce

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When you are preparing for a divorce it is important to understand how your divorce may affect your tax obligations to the Internal Revenue Service (IRS). While IRS Publication 504 sets forth various tax rules that apply when you are divorced, figuring out how to file and report alimony, child support, property settlements and other transfers of assets can be a very challenging process.  Because it so easy to get lost in the maze of IRS rules and regulations, below are some key points to help you better understand how your federal taxes may change after a divorce. 

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Categories: Family Law & Divorce

June 23, 2017

Strategies for Protecting the Family Home and Other Specific Assets in a Texas Divorce

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While Texas’s community property law entitles each spouse to have of the marital estate in a divorce, dividing assets down the middle is rarely a straightforward process. Even setting aside complex issues such as valuation of substantial assets and retirement account distributions, spouses will often be at odds over the not-so-simple issue of deciding who gets what.

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Categories: Family Law & Divorce

May 26, 2017

Can You Seek Financial Support from Your Spouse While Your Divorce is Pending?

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If you are preparing to go through a divorce and you are financially dependent on your spouse, one of the earliest steps in the process will likely be to seek “temporary” maintenance and child support. Typically, these forms of temporary financial support will last for the duration of the divorce process; although, in some cases, a judge may order temporary maintenance for a shorter period of time.

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Categories: Family Law & Divorce

April 4, 2017

Does Getting Divorced Affect Your Credit?

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Getting divorced can impact your life in several ways, but directly affecting your credit is not one of them. The banks and credit rating agencies do not consider marital status when determining your creditworthiness. So, your credit status did not change when you got married, and it will not change when you get divorced.

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Categories: Family Law & Divorce

March 24, 2017

Seeking Custody When You Work Full-Time: Four Important Considerations

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If you are among the many parents for whom pursuing a career and raising your children are not mutually-exclusive, understanding how maintaining a full-time job can affect your bid for custody (called “conservatorship” in Texas) will be an important part of the divorce process. While there is nothing in Texas’s conservatorship law that expressly disfavors working parents, if you are fighting for custody, you can expect your spouse to raise the issue, and there are certain steps you can take to help strengthen your case for the custody rights you desire.

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Categories: Family Law & Divorce

February 13, 2017

5 Key Facts for Parents Considering Divorce

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As a parent, going through a divorce requires careful consideration of a number of issues that relate specifically to your children’s financial and emotional needs. From the method you and your spouse choose for getting divorced to the statutory calculation of child support, virtually all aspects of your divorce can play a role in your children’s post-divorce lives.

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Categories: Family Law & Divorce

February 8, 2017

Can You Change Your Name After You Get Divorced in Texas?

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For many people, getting a divorce is a fresh start. It is a chance to leave the past behind, and to begin anew without the stresses and burdens that held them back over the years or decades past. While there will always be certain reminders, changing your name is one way to help facilitate moving on and transitioning into a new, independent life.

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Categories: Family Law & Divorce

December 30, 2016

When Is It Time to Prepare? Warning Signs for Divorce

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Getting divorced can be a life-changing experience, and the decision to file for divorce is not one to be taken lightly. From the emotional and family consequences to the more-practical financial considerations (e.g., Which assets will you be able to keep? Will you be paying or receiving spousal support?), there are several important issues that should factor into your decision of whether, and when, to file for divorce.

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Categories: Family Law & Divorce

December 23, 2016

Five Key Considerations When Contemplating Divorce in Texas

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Getting divorced is a process that starts with thoughtful and thorough preparation. There are several issues you will need to address, and the more you do to prepare, the better able you will be to negotiate – or, if necessary, fight – for the outcome you desire. From understanding the implications of your prenuptial agreement (if any) to taking steps to improve your chances of securing child custody, being proactive at the outset of the process can have significant benefits down the line.

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Categories: Family Law & Divorce

November 30, 2016

Are There “Seasons” For Divorce?

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According to a new academic study, it appears that there may be certain times of year when dissatisfied spouses are more likely to file for divorce. Specifically, based upon divorce data accumulated between 2001 and 2015, divorce rates spike twice a year – first in March and then again in August.

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Categories: Family Law & Divorce

November 23, 2016

While the Overall Divorce Rate Has Steadied, “Grey” Divorces Have Been on the Rise

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If you are in your 50s or older and considering a divorce, you are not alone. According to a study recently published by the National Center for Family and Marriage Research at Bowling Green State University, the number of couples calling it quits later in life (a so-called “grey” or “silver” divorce) is on the rise. In fact, while overall divorce rates have remained relatively steady since the early 1990s, the divorce rate among spouses age 50 and above has doubled over the same time period. Among senior citizens age 65 and over, the increase has been even more substantial.

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Categories: Family Law & Divorce

October 27, 2016

Five Reasons Not to Get Your Divorce Online

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If you have been doing your research about filing for divorce, you have probably come across more than one website offering the promise of getting your divorce online. While this may seem like an appealing, low-cost option, there are a number of reasons why going through the divorce process online is not ideal for most spouses. Consider, for example, the following:

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Categories: Family Law & Divorce

October 25, 2016

Should You Consider a Prenuptial Agreement?

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Whether this is your first marriage or you have been married before, a lot of things will change when you say, “I do.” Even for couples who have lived together previously, getting married has implications far beyond giving you new options on your annual tax return.

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Categories: Family Law & Divorce

September 30, 2016

Proposed Law Could Drastically Change How Military Pensions Get Divided in a Texas Divorce

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When military officers and their spouses get divorced, as a general rule, the non-officer spouse can claim a portion of the officer’s retirement benefits as community property. Generally speaking, income that either spouse earns during the marriage is considered community property (and therefore subject to division in a divorce), and this includes military pensions and other retirement benefits. In fact, the Uniformed Services Former Spouses’ Protection Act (USFSPA) specifically provides that state courts have the authority to divide military pensions in a divorce.

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Categories: Family Law & Divorce

September 23, 2016

Five Myths About Texas Child Support

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If you have children and are preparing for a divorce in Texas, you can generally expect that either you or your spouse will come out of your divorce with an obligation to pay child support. Child support is the one aspect of a divorce where separating spouses have the least flexibility; and, as we previously discussed, payment of child support is a requirement in most Texas divorces.

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Categories: Family Law & Divorce

August 25, 2016

How Should I Address My Children’s College Costs in My Divorce?

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If you get divorced, will your former spouse be obligated to help pay for your children’s college tuition and expenses? For any couple with children, this is a crucial question, and one that unfortunately often gets overlooked during the divorce process.

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Categories: Family Law & Divorce

August 11, 2016

Unique Divorce Considerations for Military Officers and Their Spouses

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If you or your spouse is in the military and you are considering a divorce, before you spend too much time researching online, it is important to understand that virtually all aspects of your divorce will be impacted in some way by your family’s military service. From the division of your marital property (including, potentially, military retirement benefits) to establishing child custody rights, there are unique issues you will need to address that do not come into play in civilian divorces.

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Categories: Family Law & Divorce

July 27, 2016

Divorce Options in Texas

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Much like relationships, no two divorces are exactly alike. Each divorce has its own unique elements, and each can take its own unique path depending on the spouses’ priorities and actions during the process.

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Categories: Family Law & Divorce

July 20, 2016

Is Your Spouse Hiding Assets in Your Divorce?

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In Collin County and most other counties throughout Texas, once one spouse files for divorce, both spouses are required to disclose their finances in what is known as a Sworn Inventory and Appraisement.

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Categories: Family Law & Divorce

June 22, 2016

Who Gets the Retirement Plan in a Divorce?

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For anyone who has either built a substantial retirement savings or planned to rely upon their spouse’s savings in retirement, getting divorced can raise some very important questions about what to expect in the future. Are retirement assets subject to equitable distribution in Texas? If so, will I be required to give up (or am I entitled to receive) retirement benefits as part of my divorce?

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Categories: Family Law & Divorce

June 10, 2016

How Much of a Say Do Parents Have in Determining Custody and Child Support?

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In Texas, the terms of a couple’s divorce are established either by agreement of the parties or by a judge. These days, most couples resolve at least the majority of their differences out of court. There are a variety of methods – including mediation and collaborative divorce – that spouses can use to resolve their differences amicably, and doing so allows them to retain control over their decision-making instead of putting their (and their children’s) futures in the hands of a judge.

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Categories: Family Law & Divorce

June 2, 2016

What is a Marital Settlement Agreement?

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In Texas, there are two ways to establish the terms of a divorce: (i) by going to court, and (ii) by entering into a martial settlement agreement.

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Categories: Family Law & Divorce

May 31, 2016

Does it Matter Where My Children Want to Live?

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In a divorce involving children, determining custody rights (referred to as “conservatorship” in Texas) can often be one of the most emotionally-challenging issues involved.

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Categories: Family Law & Divorce

April 29, 2016

5 Ways Facebook Can Affect Your Divorce

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With increasing frequency, social media is playing an active role in people’s divorces. While most people post photos, comments and status updates and then never give them a second thought, these things don’t go away, and in a divorce they can have real impacts months – or even years – down the road.

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Categories: Family Law & Divorce

April 22, 2016

How Can I Protect My Property While My Divorce is Pending?

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For individuals who are preparing to go through a divorce, especially those in deeply-strained relationships, it is natural to wonder what options are available for protecting your property. From a legal perspective, a divorce is largely about ensuring a fair distribution of the divorcing spouses’ marital assets; but, how do you make sure that you still have assets available to be fairly distributed?

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Categories: Family Law & Divorce

April 15, 2016

My Spouse Filed for Divorce, Now What?

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If your spouse just filed for divorce, there are a few important things you need to understand right away. This article provides an overview of what you can expect over the coming days, weeks and months, but to protect your rights, it is important that you seek advice from an experienced divorce attorney as soon as possible.

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Categories: Family Law & Divorce

February 12, 2016

Are You Planning for a Divorce in 2016?

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For many people, the New Year is a time for change, and for some, that change means filing for divorce. If you are planning to file for divorce in 2016 (or if you are concerned that your spouse may want to file for divorce), this article outlines some important considerations to keep in mind.

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Categories: Family Law & Divorce

February 2, 2016

What Obergefell v. Hodges Means for Same-Sex Couples in Texas

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Last June, the U.S. Supreme Court issued its landmark decision in the case of Obergefell v. Hodges, holding that the Fourteenth Amendment to the U.S. Constitution requires all 50 states to both license and recognize same-sex marriages. In Texas and other states throughout the South, the Court’s decision has faced significant opposition – including from the Texas Attorney General.

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Categories: Family Law & Divorce

January 28, 2016

Seeking Custody in Texas: What We Learned in 2015

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As we move into 2016, we wanted to take a moment to recap some of our top custody-related articles from last year. If you have children and are contemplating a divorce, or if you need help enforcing or modifying an existing custody arrangement, you can read the articles linked below to learn more about your legal rights. Or, for legal advice specific to your personal situation, feel free to contact us to schedule a consultation with one of our experienced child custody lawyers.

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Categories: Family Law & Divorce

December 18, 2015

Does a Postnuptial Agreement Make Sense for Your Situation?

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While the common perception is that a prenuptial agreement or postnuptial agreement is simply a method of “planning for divorce,” the reality is that there are several important divorce-related and non-divorce-related reasons to enter into a pre- or post-marital agreement. There is some evidence to suggest that postnuptial agreements are becoming increasingly popular in Texas, with couples using them for everything from providing for their children to establishing the parameters for a trial separation.

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Categories: Family Law & Divorce

December 4, 2015

What Will Happen to My Business if I Get Divorced?

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If you are a business owner going through a divorce, understanding your rights with regard to keeping your business will be a critical aspect of the process. Your rights will depend on a number of different factors and regardless of the default rules that apply, you may still have options for negotiating sole ownership if your spouse would otherwise be entitled to a stake in the company. In this article, we provide an overview of some of the key issues that come into play. For a thorough evaluation of your individual circumstances, we encourage you to schedule a free consultation.

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Categories: Family Law & Divorce

November 27, 2015

Enforcement Issues: When Spouses Break Agreements

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While entering into a formal, written agreement with your spouse or spouse-to-be may seem unnecessary at first blush, there are actually several important reasons why it may make sense to have a discussion with your partner about signing on the dotted line.

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Categories: Family Law & Divorce

November 13, 2015

Understanding Texas’ Community Property Law

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When going through a divorce in Collin County, one of the most important issues that will need to be resolved involves splitting up the property that you and your spouse shared while you were married. As part of your divorce, you will need to work with a Collin County divorce attorney to make sure that all of the property you and your spouse own is accounted for. At that point, your attorney will use the law to make sure you receive all of the property to which you are legally entitled. 

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Categories: Family Law & Divorce

October 23, 2015

Understanding Texas Family Law Terms

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If you are like most people, you know a lot about family, but probably not a lot about the law. As a result, when you have a family law situation come up, you may find it difficult to navigate the issues on your own. Just following the unfamiliar terminology can be a challenge on its own. 

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Categories: Family Law & Divorce

October 9, 2015

What to Do When Child Protection Takes Your Children

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It is any parent’s worst nightmare. Someone you don’t know shows up at your door and tells you that your children are going with them. Every day, parents across Texas find themselves suddenly fighting to raise their children after facing action by Child Protective Services (CPS).

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Categories: Family Law & Divorce

September 30, 2015

Family Court Etiquette for Minors and Adults

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A family court session may be intimidating to some clients, particularly when a lot is at stake or when you haven’t had much experience in the legal arena. We understand this anxiety and hope that we can help you feel more comfortable with the process.

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Categories: Family Law & Divorce

September 18, 2015

Military Divorce in Texas

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Divorce for couples with one (or both) spouses in or retired from the military is a bit different from a civilian divorce. Depending on the circumstances of your life, nearly every aspect can vary. 

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Categories: Family Law & Divorce

August 28, 2015

Eligibility for Spousal Support After A Divorce

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Divorce is stressful, no doubt about it. Even when it’s for all the right reasons, spouses may not know how to predict a future that once seemed pretty reliable. Money concerns are often part of that stress. We see it in families that had strong household budgets, families that had earning or spending problems — almost no one is immune to the financial worries of a divorce. 

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Categories: Family Law & Divorce

August 14, 2015

Understanding Basic Texas Divorce Procedure

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As your marriage draws to an end, you will have to undergo a standard set of procedures to dissolve the marriage for good and finally be divorced. While this may be confusing for people who are unfamiliar with the process, it is fairly straightforward. Even severe conflicts simply delay each step; they don’t really change the fact that Texas requires certain steps occur. 

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Categories: Family Law & Divorce

July 24, 2015

Grounds for Divorce in Texas

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In Texas, there are seven grounds for divorce. The decision to divorce is a serious one. For some, it’s a choice laden with inner searching and multiple attempts at conflict resolution, while for others, it’s a suddenly apparent necessity for peace or personal protection. When you work with one of our Frisco divorce attorneys, we will help you determine which ground is most appropriate for your case. 

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Categories: Family Law & Divorce

July 10, 2015

When Can You Modify Child Support in Texas?

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Once a child support order is signed in Texas, the order is binding until it’s changed. Many times, it can be a complex process to modify a support order, but with the help of the Frisco child support attorneys at Nordhaus Walpole, you may be able to make a change that better serves your child and reflects your present circumstances. 

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Categories: Family Law & Divorce

June 26, 2015

Determining Texas Child Support Amounts

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During divorce proceedings, multiple issues often arise in negotiations — especially around the issue of children. While you may have the opportunity to present evidence and somewhat direct the outcomes of custody or other matters, child support in Texas is determined by formula. By working with our McKinney child support lawyers at Nordhaus Walpole PLLC, we can help you understand how child support will be determined in your specific case. 

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Categories: Family Law & Divorce

June 12, 2015

How Child Visitation Works in Texas

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Working out child visitation during a divorce can be a stressful negotiation period. You want what’s best for your children, but you want to spend time with them too. By working with a Frisco child visitation lawyer at the offices of Nordhaus Walpole PLLC, we can develop a strategy that helps ensure you and your children spend the right amount of time together.

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Categories: Family Law & Divorce

May 22, 2015

Who Makes Child Custody Decisions in A Divorce?

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Divorce is rarely easy for anyone, but there are certain approaches you can take to help make the transition a little bit less confusing, especially when it comes to child custody. So many parents are so deeply emotionally invested in custody issues that understanding more of the process may help you make the best decisions for your child or children. If you need help with your divorce, please contact a McKinney child custody attorney at Nordhaus Walpole PLLC.

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Categories: Family Law & Divorce

May 8, 2015

Understanding the Various Types of Child Custody in Texas

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During a divorce, one of the major elements spouses need to work out is child custody. While this can be an emotionally-laden time for everyone involved, understanding the basics of child custody can help smooth the path to a resolution. For questions about how to manage this transition, contact the Frisco child custody lawyers at Nordhaus Walpole PLLC. Our experience with divorce in Texas can help your family take charge of the future.

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Categories: Family Law & Divorce

April 24, 2015

Choosing Experts in Texas Family Law Cases

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When you have a family law case, you have to show evidence of your claims. Sometimes, evidence is written or photographic, but certain kinds of testimony can add an invaluable component. The McKinney family lawyers at Nordhaus Walpole PLLC help you present compelling evidence from expert witnesses whenever it may benefit you.

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Categories: Family Law & Divorce

April 10, 2015

How to Protect a Business During Divorce

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During a divorce, many things are up in the air. Who will get the house, the cars, the retirement accounts? If you and your spouse own a business, the business will become part of the divorce proceedings too.

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Categories: Family Law & Divorce

March 27, 2015

What Real Estate Can You Keep in a Texas Divorce?

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Most people acquire real estate through hard work and focus — and if you own a home, you’re probably attached to it emotionally, too. It is stressful to think about splitting up real estate in a divorce, but a Collin County divorce attorney like J. Ryan Nordhaus can help you.

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Categories: Family Law & Divorce

March 13, 2015

Dividing Retirement Accounts in Texas Divorces

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Many people are disheartened to hear how costly a divorce can be. A lifetime of earnings may be up for grabs and the fear of going into retirement with nothing looms overhead. Learn the process for dividing retirement accounts during divorce in Texas. 

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Categories: Family Law & Divorce

February 20, 2015

Mid-Life Crisis and the U-Curve

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A sports car.  A change in employment.  An affair.  These are all hallmarks of what has been called the mid-life crisis.  This phenomenon usually strikes people in their 40s, although technically speaking, that is a little beyond actual mid-life since most people do not live to 90 and beyond. 

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Categories: Family Law & Divorce

February 6, 2015

When Your Child Has Problems at College

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Sending a child off to college is a wonderful and stressful time all at once.  Collin County family law attorneys know that a child leaving home can be a difficult transition for both the adult child and the parents.  Alcohol and drug abuse, mood disorders and anxiety disorders are all common among college students today.  

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Categories: Family Law & Divorce

January 30, 2015

Single and Fifty: The "Gray" Divorce

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The phenomenon of the gray divorce has led to a tidal change in society.  The term "gray" divorce refers to people divorcing in mid-life.  Although the national divorce rate is dropping, the divorce rate among baby boomers (people born between 1946--1964 who are age 51-68) has doubled in the last 20 years.  Collin County divorce attorneys report that an astounding one in four people over fifty is now divorcing.  Studies show that women initiate an incredible 66 percent of these divorces.  

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Categories: Family Law & Divorce

January 23, 2015

Disability and Divorce: Pop Culture Teaches an Unpopular Lesson

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The movie "The Theory of Everything," released November 2014, chronicles the life and love of Stephen Hawking and his wife of 30 years, Jane Wilde.  Based on Wilde's memoir, the movie tells the story of the young couple marrying in 1965 at the early stages of Hawking's motor neuron disease. 

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Categories: Family Law & Divorce

January 21, 2015

It's True — Divorce Rates Are Declining

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People may talk about a high divorce rate or lament the number of families that are now single-parent homes due to divorce, but the reality is that divorce rates have been declining since their peak in the early 1980s.  For the past three decades, the national divorce rate has been steadily falling to its present level of 3.6 divorces per 1,000 households.  The caveat to the declining rate of divorce is a generational anomaly. The baby boomer generation, which is demographically large enough to skew statistics, has an increasing divorce rate.  

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Categories: Family Law & Divorce

December 12, 2014

Cohabitation is the New Norm

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Living together without being married used to be referred to as "living in sin."  Often viewed as an act of rebellion or part of the sexual revolution, living together fifty years ago was considered a scandal and not very common. However, times have changed.  

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Categories: Family Law & Divorce

November 26, 2014

Collaborative Law: When is it the Right Approach to Divorce?

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The collaborative law process is an alternative to litigating family disputes such as divorce, child custody and child support.  Collin County divorce attorneys explain that instead of bringing their differences to court, parties sign a "Collaborative Law Participation Agreement" that establishes the guidelines of the collaborative process.  The agreement establishes timelines, as well as notes the commitments of a team of mutually selected experts, including mental health and financial experts, and both parties' attorneys.

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Categories: Family Law & Divorce

November 19, 2014

The NFL's Other Scandal: When Is Discipline Child Abuse?

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The now infamous elevator video that sparked the Ray Rice domestic abuse scandal in the NFL dominated media coverage earlier this year.  As the NFL stumbled its way through the controversy over its handling of not only Ray Rice's domestic abuse charges but those of other players as well, another scandal emerged. 

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Categories: Family Law & Divorce

September 18, 2014

Divorce and Deportation: How divorce can affect immigration status

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The Center for Immigration Studies estimates that approximately 400,000 U.S. citizens marry foreign nationals every year. The foreign nationals go through an immigration process that begins with a Visa petition to travel to the U.S. Once married, they are granted a green card with a conditional permanent residence status.

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Categories: Family Law & Divorce

September 11, 2014

Divorce v. Annulment: Grounds for each and the impact of each on the parties

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Both a divorce and an annulment result in the dissolution of a marriage. A divorce ends a valid marriage, while an annulment ends a marriage that can be deemed not valid. While the effect of a divorce is to result in two parties that are no longer married, the effect of an annulment is to return the two parties to the status they held prior to their marriage; i.e. one when they were never married.

 

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Categories: Family Law & Divorce

August 25, 2014

Parenthood after 40: What are the pros and cons of starting a family after 40?

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The statistics are eye-opening:  one in five women today are postponing having children until thirty-five years or older; the number of women having children in their forties has doubled in the last twenty years;  between 2007-2009, the fertility rate in women ages forty-five to forty-nine increased by 17% in the U.S., and a similar trend occurred in other industrialized nations.

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Categories: Family Law & Divorce

August 18, 2014

Rachel Canning back in court: seeks restraining order against boyfriend; Just how common is teen domestic violence?

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Rachel Canning was back in court. The New Jersey teen who infamously sued her parents for support and college costs after moving out of their home and into the home of a friend, filed for and was granted a temporary restraining order against her boyfriend. According to Canning, Lucas Kitzmiller choked her with his hands during a quarrel. Kitzmiller responded to the restraining order against him by filing one against Canning. A day before the hearing to finalize the orders, both Canning and Kitzmiller agreed to the dismissal of the orders; the teens will soon head to different colleges and presumably the distance between them will prevent any further interaction. 

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Categories: Family Law & Divorce

July 30, 2014

Should child support include payment for college?

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The issue of paying for college expenses has become a major focus of child support awards and divorce settlement negotiations since the cost of higher education began  skyrocketing. Study after study shows that having a secondary degree greatly increases your earning potential. For a high school graduate, therefore, continuing on to college is an extremely important and wise investment. But as with all investments, it requires money.  The question is: who should supply that money?

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Categories: Firm News, Family Law & Divorce

July 28, 2014

Property Division under Texas Law

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Collin County divorce attorneys recognize that property division can be a very complicated and contentious part of the divorce process. In the absence of a prenuptial or post-nuptial agreement, all assets and debts of the parties must be allocated. Texas is one of nine states in the country that is a community property state; all property owned by a husband and wife is presumed to be owned by both unless and until proven to be separate property by clear and convincing evidence. 

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Categories: Firm News, Family Law & Divorce

July 23, 2014

Child custody and summer vacations: how to structure a plan that works well for everyone

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Summers can be challenging times to coordinate schedules even for families in which there are no divorce and visitation issues. When these issues do exist, summer parenting can become quite complex. Collin County divorce attorneys recommend that parents plan well ahead in order to avoid any conflicts in scheduling and any conflicts between the parties. Below are examples of parenting plans that offer flexibility with respect to the summer.

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Categories: Firm News, Family Law & Divorce

July 21, 2014

Pros and Cons of Online Dating and How to Protect Yourself in the World of Digital Dating

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Most experts will tell you that just as job searches in the twenty-first century must incorporate LinkedIn and other networking on social media, searching for that special someone must also incorporate dating sites on social media, even if the online sites are only used to access offline events. That being said, Collin County family law attorneys emphasize that there are pros and cons to consider regarding online dating:

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Categories: Firm News, Family Law & Divorce

May 30, 2014

Cohabitation Agreements Part II:  Parenting Agreements

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In Part One of a series discussing the need for legal protections for couples who live together in a committed, long-term relationship but do not get married, Collin County family attorneys recommended cohabitation agreements which can define the parties' property rights, financial expectations, and other concerns during and after their relationship.  In Part Two of this series, our family law attorneys explore what kind of legal agreement is needed to protect those same couples when they have children.

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Categories: Firm News, Family Law & Divorce

May 26, 2014

Temporary Protective Orders v. Temporary Restraining Orders: What are they and how do they differ?

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Temporary Protective Orders ("TPOs") and Temporary Restraining Orders ("TROs") are often confused and confusing, and the terms are commonly used interchangeably. The orders are not the same, however, and are issued in completely different ways and for completely different purposes.  Collin County Divorce Attorneys explain why and when TPOs and TROs are necessary in the divorce process.

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Categories: Firm News, Family Law & Divorce

April 21, 2014

The New Jersey case that allows moms to kick dads out of the delivery room: What does this decision mean for fathers?

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In 2012, Steven Plotnick and Rebecca DeLuccia started dating.  When Rebecca found out she was pregnant in February of 2013, Steven proposed and Rebecca accepted.  They remained engaged until September 2013, when unfortunately they broke off the relationship.  Steven still wanted to be involved with their child, and Rebecca agreed with Steven's wishes--except for his desire to be present at the birth.  Unable to resolve the issue of his presence in the delivery room, Steven resorted to the New Jersey court system.

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Categories: Family Law & Divorce

April 9, 2014

The Rachel Canning Case:  Court or Counselor? Sometimes one and the same

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When Rachel Canning moved out of her house shortly after turning 18, it is safe to say that neither she nor her parents ever imagined that they would end up in a New Jersey courtroom potentially making precedent-setting law. 

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Categories: Family Law & Divorce

March 26, 2014

Cohabitation Agreements

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 With so many people delaying marriage or skipping the walk down the aisle altogether, cohabitation agreements are becoming more popular.  Cohabitation agreements are simply contracts between two people who live together; as such they can be between members of the opposite sex or members of the same sex.

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Categories: Family Law & Divorce

March 10, 2014

Celebrities go into "rehab" whenever there is a cheating scandal and their marriages are teetering on divorce; what really helps real couples facing marital break ups?

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Collin County family attorneys point out that celebrities going into rehab for "sex addiction" should not to be confused with celebrities that seek treatment for addiction to drugs or alcohol. When addiction to drugs (street or prescription), or alcohol is breaking up a marriage, rehab is an excellent step in not only getting the person suffering the addiction back on track, but the marriage as well.

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Categories: Family Law & Divorce

March 3, 2014

Phillip Seymour Hoffman's tragic death due to a heroin overdose has cast the          spotlight on addiction, relapse, and the opioid epidemic sweeping the country

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The death of actor Phillip Seymour Hoffman on February 2, 2014, from an apparent overdose of heroin was a tragedy for his family and for everyone lucky enough to have enjoyed his brilliant acting.  Perhaps the one good thing to come out of this sad conclusion to Hoffman's open struggle with addiction is something Hoffman himself eerily predicted would occur: his death, if from drugs, would hopefully save 10 people from overdosing due to the publicity surrounding heroin addiction.

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Categories: Family Law & Divorce

February 3, 2014

The Marital Home: What Happens to it after a Marriage is Over?

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The distribution of what is often the most significant piece of community property--the marital home--can be up to the discretion of the court or to the negotiations of the divorcing parties. Either way, it is never easy to divest oneself emotionally, physically, or economically from what was once the center of a couple's or a family's life. Collin County Divorce Attorneys illustrate below three options:

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Categories: Family Law & Divorce

January 27, 2014

Different Types of Child Custody

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When a couple divorces, one of the most difficult--and often contentious--aspects of the process is determining custody of the couple's child or children.  In Texas, custody is called conservatorship, and within conservatorship, there are two types of custody – legal custody and physical custody.  Collin County Divorce Attorneys seek several types of child custody on behalf of their clients:

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Categories: Family Law & Divorce

January 21, 2014

Child Support Modifications

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When an initial order for child support is issued in a case, in addition to the application of the child support guidelines in the Texas Family Code, the court can consider other relevant factors at the time the order is made; i.e. who has custody of the child or children, the parties' income, the needs of the child or children, visitation schedules and cost thereof, and anything helpful to a determination of what amount of support is necessary and possible to achieve the best interest of the child or children. 

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Categories: Family Law & Divorce

January 15, 2014

Major Change of Spousal Support in Texas

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Chapter 8 of the Texas Family Code pertaining to Texas Spousal Maintenance has significant changes. The Texas Spousal Maintenance changes became effective for divorce cases filed on or after September 1, 2013. The overall goal of the changes is to allow courts to provide more help to spouses who have been out of the work force, are disabled, are victims of family violence, or are the primary custodians of a disabled child. If you are thinking about dissolving your marriage and any of these categories apply to you, contact your Collin County Divorce Attorney so that you can better understand how the changes in spousal maintenance will affect you.

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Categories: Family Law & Divorce

April 19, 2012

Texas Exoneree Faces Ex-Wife’s Claim for Compensation

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Texas exoneree Steven Phillips is facing claims from his ex-wife for a portion of the $4 million he received in compensation for years of wrongful imprisonment.

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Categories: Family Law & Divorce


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