Some of the areas addressed include:
- What information/documents you should compile as you prepare for divorce
- Whether it is a good idea to “hide” assets
- What kind of divorce attorney you should hire
- How your emotions can work against you in your divorce case
- The significance of separate property claims
- Whether the property will be automatically divided 50/50
- How the possibility of alimony relates to your property division
This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation. Additionally, this article deals only with post-divorce alimony. It does not address Continue reading →
Tip #1 – Have a Clear Written Fee Agreement
Most experienced and effective divorce attorneys charge by the hour and require an advance retainer (lawyer speak for a deposit) that is paid at the beginning of the case. Fees and expenses will be charged against the retainer until it is exhausted, at which point the client will be responsible for any additional sums incurred.
Clients will sometimes seek an attorney who will represent them on a flat fee basis, thinking that this will save them money. The problem with this Continue reading →
If you need a divorce the best case scenario is that all issues be resolved by a fair agreement. Contested divorce cases and trials can be expensive, exhausting, and are often unnecessary.
People sometimes wrongly assume that their divorce will be “uncontested” because neither spouse wishes to remain married. The reality is that there are usually several other issues that must be agreed to (or decided by a judge) before a divorce can be finalized. The following is a brief outline of a few areas that Continue reading →
In recent years I have noticed an ever increasing number of pro se litigants (people who represent themselves) at the courthouse. I mentioned this to a judge who estimated that 50% of her docket was comprised of pro se cases. Most of these people are using divorce forms that they purchased online. They pay approximately $200 or so for the fill-in-the-blank divorce forms that are supposed to be acceptable in their jurisdiction.
Among the many problems of a divorce form website is Continue reading →
It is surprising to me the number of people who file for divorce without having first attempted marriage counseling. In those cases where the marriage is particularly short and there are no children it is understandable, but when a marriage has lasted a decade or longer or the spouses are still raising children then marriage counseling is usually at least worth trying.
I have never advised a client to get divorced, as I feel that this is a very personal decision and Continue reading →
Austin is located in Travis County, Texas. Where to file for divorce in Texas is determined by county, specifically it must be a county where one of the parties has resided for at least the past 90 days at the time of filing. This is in addition to the requirement that one of the parties must be a domiciliary of the State of Texas for the past six months at the time of filing.
Location and Phone Number for Travis County District Clerk
For residents of Travis County, Texas, a divorce petition (this is the document that begins a divorce case) is filed with the Travis County District Clerk’s office. Their office is located at 1000 Guadalupe Street, Austin, Texas 78701. Their phone number is (512) 854-9457. Continue reading →
Everyone plans on it being forever when they say “I do” but the reality is that it doesn’t always work out that way. When it becomes apparent to you that this is your situation, then you want to make sure your divorce is handled appropriately. The disintegration of something that you thought was permanent is always disappointing but that does not mean that you have to allow yourself to be treated unfairly as you go your separate ways.
Make Sure Your Rights Are Protected
The best way to ensure that you get a fair result and that your rights are protected is to Continue reading →
A common issue in most divorce cases, along with a long list of other issues that must be dealt with in a Texas divorce, is what to do with the marital residence. If the parties rent their residence this is not a big issue, but in most divorce cases there will be owned real estate that must be dealt with.
Two Most Common Ways to Handle
While every case is different and there are many unique and unusual sets of circumstances, for most cases there are only two realistic divorce outcomes when it comes to the house. Continue reading →
In this article I will explain the key points in Texas posts-divorce alimony. Please note that alimony is a particularly complicated area and you should consult with a qualified family law attorney about the specifics of your case if you believe you may be entitled to receive or possibly obligated to pay alimony. Also, this post addresses only post-divorce alimony, not temporary alimony.
Contractual Alimony or Spousal Maintenance under Texas Family Code Chapter 8
Texas divorce decrees frequently include provisions for periodic post-divorce payments from one spouse to the other, aside from the more common child-support payments. In general, these payments are based upon the needs of one spouse and the ability to pay of the other. Alimony agreements or orders generally come in one of two forms, either agreed contractual alimony or court ordered spousal maintenance under Texas Family Code Chapter 8. Continue reading →