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divorce Archives

What factors will affect your divorce case?

No two divorce cases are the same. Each individual case will have its own set of facts, and a couple coming into the situation from various walks of life. There are a variety of assets at stake, and differences in relationships between parents and children. However, many divorce cases have the same types of issues that need to be addressed: child custody and support, property division and alimony, among others. What factors will affect these issues in divorce cases?

Working through complications that can arise in a divorce

Couples in Texas who make the decision to go through a divorce do not arrive at that decision lightly. After all, most married couples have poured years of their heart and emotions into the relationship, and the realization that they may be better off separated can be difficult to acknowledge. And, then, during the divorce, complications can arise if the soon-to-be ex-spouses have significant disagreements on the issues that need to be decided, such as alimony, child custody and support and property division.

Texas Divorce: DEADLINE FOR TAX-DEDUCTIBLE ALIMONY APPROACHING

If you are currently going through a Texas divorce or you believe a divorce may be imminent in the near future, you should consider the upcoming changes to federal tax law concerning the deductibility of alimony payments (called spousal maintenance under Texas law).

The right approach to get through your divorce in Texas

There are probably many people throughout the country who believe that since divorce is such a common legal proceeding that it is an easy type of case to get through. However, as many divorces cases are contested, in most cases this is not true. Most divorces are more likely to involve complex issues for the couple to address, including property division, alimony and child support and custody issues, to name a few.

Spouse Normally Not Entitled To Appreciation Of Separate Property House During Marriage

Sometimes the situation arises in a Texas divorce where a spouse purchased real estate prior to marriage (or, less commonly, purchased it during the marriage with separate funds or property). For example, suppose a home was purchased by A in 1999, the parties were married in 2002 and are getting divorced in 2017. Further suppose that the home was originally purchased for $200,000 but is now valued at $350,000. Is spouse B entitled to any portion of the $150,000 increase in the separate property house?

Guideline Child Support in Texas Divorce and Child Custody Litigation

In Texas divorce and child custody litigation, the phrase "guideline child support" gets thrown around quite a bit. What is guideline child support and how is it calculated? Is it possible that an obligor (i.e., the person legally obligated to pay child support) will have to pay more (or less) than guideline child support? This article explores and answers these questions.

Limited Scope Representation In Texas Divorce And Child Custody Litigation

Limited scope representation can offer a valuable alternative for clients going through Texas divorce or child custody litigation. In most circumstances a retainer of only a few hours of prepaid time is required, as opposed to a more substantial retainer. Limited scope representation permits clients to have more control over the tasks to be performed in their case and, hence, the amount of time and attorney's fees incurred. This article explains limited scope representation, including what it is and the advantages of this arrangement.

Texas House Bill 65--extending The Divorce Waiting Period To 180 Days In Some Cases

Under current Texas law, a divorce may not be granted by the Court until the 61st day after the petition for divorce has been filed. This 60 day waiting period can be waived under certain circumstances. Texas House Bill 65, currently being considered by the Legislature, would increase the waiting period to 180 days if a child is involved and the divorce is sought on insupportability grounds.

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