Yes, you can divide your retirement account in a divorce without paying taxes if you structure the transaction properly at the time of division regardless of the type of account. The process for a tax free division in a divorce depends on the type of retirement account that you are dividing. But first, let’s discuss […]
Who Will Divide Our Property in a Texas Divorce?
Most Texas divorce cases will end with an agreement reached between the parties. In these cases, the parties decide how and when property will be divided between the spouses. If the parties reach an agreement on property division, then that agreement will be reduced to writing in the form of an Agreed Final Decree of […]
Are Texas Teacher’s Retirement System Benefits Subject To Division In Divorce?
The Teacher Retirement System of Texas (“TRS”) provides retirement benefits for teacher’s across the State of Texas. It is one of the State’s largest benefit programs. But are those retirement benefits subject to division in a divorce? The answer is, yes, a court can divide these benefits in divorce to the extent that they are […]
Does My Child Get To Decide Which Parent They Will Live With?
Child custody is a contentious issue in any divorce. One of the more common myths I hear from prospective divorce clients is that their child is over the age of 12 and wants to live with them so custody isn’t an issue. That simply isn’t true as I will explain below. A Quick Note On […]
Can My Spouse Avoid Paying Child Support By Quitting His or Her Job?
It is common for a spouse ordered to pay child support in a Texas divorce proceeding to have a change in income after the divorce. Sometimes that happens for reasons beyond their control, such as layoffs or a need to change their lifestyle following the divorce. But sometimes a parent will attempt to manipulate their […]
Can I Revoke The Other Parent’s Visitation Rights If They Do Not Pay Child Support?
The short answer is no, you may not revoke the other parent’s custody rights with the child if do not pay child support in Texas. I’ll explain in more detail below but note first that this issue is not limited to divorce cases in Texas. For example, child support and custody may be determined through […]
Does No Fault Divorce Bar an Unequal Property Division in Texas?
The short answer is no – asking for a no fault divorce does not prevent a spouse from also seeking a disproportionate share of the marital estate as I explain in more detail below. Texas is a No Fault Divorce State Texas is a no fault divorce state which means that you do not have […]
Divorce Concerns For High Net Worth Couples
When a couple with a high net worth files for divorce in Texas a number of unique issues and concerns often arise. This articles highlights some of the issues and concerns that frequently arise in a divorce involving high net worth couples. Existence of Martial Property Agreements A divorce involving a high net worth couple […]
How Do I Keep My Spouse Out Of The House During Our Divorce?
One of the biggest initial concerns when you file for divorce is how to keep your spouse out of the house until the divorce is final. There are a lot of good reasons to be concerned about this. At best, living in the same house with your spouse while you are getting divorced could lead […]
Can (and Should) I Change My Name as Part of My Divorce?
The short answer is yes – if you wish to reclaim your maiden name or a name from a prior marriage then you should do it as part of your divorce. Texas law provides that: In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change […]