Won Mandamus Relief After Contempt Was Wrongfully Ordered
Husband lost his divorce case, and the judge ordered him to pay his former spouse thousands of dollars in spousal support and for contempt of court. After husband lost, he filed what is called a writ of mandamus for relief, and he won. Here is a recent case...
Who Should File Divorce First?
This video is made by Megan Cook to help people understand that they do not need to stress out about being the first person to file for divorce. Bottom line: There is not an advantage with the judge for filing the divorce first.
The Divorce Waiting Period in Every State
When you file a divorce, in most states you have to wait a certain period of time before you are allowed to finalize or finish the divorce. This is called a divorce waiting period or cooling off period. The longest wait is 365 days and the shortest wait is 0 days. ...
Divorce Rate Has Plunged During Covid-19, Contrary To Popular Belief
We compared how many people started a divorce in Houston in February of 2020, (prior to the Covid-19 Pandemic impacting the U.S.) to April (during the Covid-19 Pandemic impact). We did not review the March divorce rate, since many were not impacted with work or...
The One Quiz
Fidelity Retirement Divisions in Divorce
If you have a 401(k) or other retirement account with Fidelity, I hope this post will give you a piece of guidance for your starting point. When it comes to dividing retirement in a divorce case, there is a specific document that is used to divide each retirement...
How Voluntary Allotments Impact DFAS Payment to Former Spouses
Here is the hypothetical problem. The spouses get divorced. One spouse served the military for 20 years and makes 5K per month in disposable retired pay. The other spouse is supposed to receive 50% of this disposable retired pay, so $2,500 per month. But, the...
Military Retirement Division For Already Retired Service Members in Divorce
This post briefly guides the reader on how the award language is drafted in a military domestic relations order in the instance that the service member getting divorced is already retired. In these cases, the calculations are much less complicated because high-36 is...
401(k) Protection in a Texas Divorce
Is There An Absolute Rule That You Have to Divide all 401(k) Plans in ½ Or Can a Spouse Keep the Entire 401(k)? The actual rule is that the court can divide your 401(k) plan pretty much how it deems fair. Fair is not always 50/50. Yet, it is most typical to...
Fixing Decrees Nunc Pro Tunc In Texas
caseLori was supposed to receive $200,000 of her spouse's 401 K. Both Lori and her spouse, Charles, had attended a meeting called "mediation" and signed a contract that she would get this $200,000 of the 401 K. After the mediation, Lori and Charles signed final...
What Happens If I Empty The Accounts During a Divorce?
Wright v. Wright shows what can happen in Texas, when one spouse empties the accounts at the beginning of a divorce case. In this case, linked to below, Jodie filed for divorce. The same day, husband emptied out their joint checking and savings accounts. He also...
Prenuptial Agreements & Gifts During Marriage
Dan was a wealthy oil and gas business man He married Brenda in 2003. Before they got married, they signed a prenuptial agreement. But, after they got married, they agreed to change their prenup's terms. The most important part of their prenuptial agreement stated...
10 Things To Know In Million Dollar Divorces
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Service of Process When You Amend The Divorce Petition
In order to finalize a divorce, you have to have the other party to a divorce case served with the papers. The most common way to accomplish this is to hire a private process server or a sheriff to serve the papers on the other party. However, when you serve the...
Case Study On What Happens When a Wife Was Awarded Husband’s Future Retirement Earnings
A divorce case was recently closed here in Texas, that proves the absolute importance of drafting Qualified Domestic Relations Orders to concur entirely with the text of the decree. In this case, the decree of divorce awarded wife a portion of husband's retirement as...
A Person Cannot Be Sent To Jail For Failing To Pay a Debt
In a January 2020 divorce case called IN RE DENSON, Tex: Court of Appeals, 1st Dist. 2020 The husband, by agreed decree of divorce, said he would pay the wife $257,220 as part of their division of assets. He was supposed to pay this total amount by paying her in...
Child Support When Mother Makes More Than Father
Judge: "Just because her income went up, does not mean your child support obligation goes down."
Reopening a Divorce Case- Timeline
When someone in Texas recently tried to reopen their divorce case more than 30 days after the case had closed, the court plainly said no: On December 24, 2019, appellants, Zsolt Petko and Zsuzsanna Adam, proceeding pro se, filed a "Motion to Reopen Case." The Texas...
BVS Fillable Form For Suits Affecting Parent Child Relationship
The BVS form is typically required in all family cases that involve children throughout the State of Texas. Bexar County is actually among one of the only counties that does not require the BVS form to be filed during a case. To obtain a copy of the fillable BVS...
Annulment Law in Texas
Texas Marriage Annulment: Does Divorce Law Provide for Legal Separation In Texas, a marriage ends through divorce, death, or annulment. When a marriage is annulled, it is declared "void." Annulment in Texas is different from divorce. While a divorce ends a legal...