Do We Have to Divide the 401K in the Divorce?
A very common question clients have is do I have to divide my 401K in my divorce? Will the judge allow me to keep 100% of my 401K? The answer is that yes it is possible to keep 100% of your 401K. It is also possible that your spouse could keep 100% of the value of...
How to Change or Modify Custody Papers
The Texas Family Code will enable a parent to modify the orders that were rendered in the divorce. All terms are open to be modified including the school of the child, the custody schedule, the primary parent, the drop off and pick up rules, supervision of the visit...
Paying Your Spouse’s Attorneys Fees in the Divorce
My Spouse's Divorce Papers Say She is Asking Me To Pay Her Lawyer! Will I Have To Pay Her Lawyer? The answer is sometimes in Texas, you can be ordered to pay for your spouse's lawyer. Texas Family Code §6.502(4) says that after notice and hearing, upon the motion of...
Divorce Jurisdiction – Cases With Children in Texas
If you have a child, then you need to file the divorce in the state where the child physically lived in the 6 months leading up to the date that the divorce is being filed. This is called the child's "home state." Importantly Section 6.305 of the family code says that...
What Happens With My Step Child in the Divorce?
Say that you raised a child that is not biologically yours. Your spouse had the child before the marriage, and you care very much for the child. What happens with custody during a divorce in Texas? Unless you have adopted the child, Texas will not consider this...
What Laws Apply if You Were Married Out of State?
If you were married in one state, but now you live in a new state, you may be wondering what family law or divorce laws apply to you? Should it be the laws of the place you were originally married, or the place you presently live? To make matters more confusing,...
Giving Notice of a Divorce Hearing to an Inmate
Due to the nature of our practice, we are able to work with clients from all walks of life, including those in the military who are stationed abroad, and even those who are getting divorced from behind bars. Recently, the Texas court of appeals dealt with the...
Modification Suits: Preventing Change of Custody During Temporary Orders
Say you got divorced, and you were given the exclusive right to decide on primary residence. Years pass, and life changes and you decide it is time to move. You did not have a geographic restriction in your decree so moving should not be a problem. When you tell...
Are Agreements Incident to Divorce Valid if Signed After the Divorce is Over?
Divorce decrees are public record, and sometimes our clients do not want the whole world to know what their assets and debts are and how they are being divided in a divorce. One of our many services includes an "Agreement Incident to Divorce," (AID) which basically...
Children’s Bill of Rights
Most of the time, clients who have an uncontested divorce are also able to co-parent pretty well. They manage to anticipate and reduce conflict, and have agreements about who makes certain decisions in their children’s lives. They usually are hyper-focused on the best...
Undoing Divorce Agreements
Say that you and your spouse have agreed that you are going to be divorced. Say, that you have actually signed a written agreement about the terms of the divorce. How enforceable is this written agreement, and can you or your spouse UNDO or take back the agreement?...
Texas Loving and Caring Order
There’s a general idea that a court cannot order a parent to be a good parent. While that is true in most scenarios, sometimes the parties can agree or a court will order that specific language is put in the final decree to ensure each parent is caring for the child...
Does it Matter Who Files the Divorce?
Does the Judge Care Who Files the Case Sometimes a person wants to leave a marriage but is worried that the court will look disfavorably at the spouse who started the divorce case. Others think the judge will automatically favor the person who filed the case because...
Are Your Divorce Documents Public?
There are certain documents that are filed to process any divorce in Texas. Among these, are the petition for divorce, the waiver of service and the final decree of divorce. All of these documents are public documents. This means that anyone can go to the District...
Must Live Here to File Divorce Here
Hi! I woke up this morning and saw that I had two questions from clients regarding the residency requirement when filing for divorce. If you are confused by terms like jurisdiction, venue and residency after surfing the web for answers on this, you are not...
Check if Your Spouse Filed Your Divorce in Bexar County
Let me guess-- your spouse has told you that he or she already file the divorce case. You have not received notice and you have not been served. Since, this is an important process that impacts you, you want to know right away whether it is in fact true that your...
Refinance Vehicle Decree Language
When to Use Language If the terms of divorce involve a joint car lien, then unless they can pay off the lien as part of the terms of divorce, then the party that gets the car should be ordered to refinance it. Decree Language Example For Refinancing Car ASSET AWARD of...
Closing Joint Accounts
When to Use the Provision If the parties will have joint accounts after the divorce is over, there should be an enforceable deadline for when the parties will have to close the accounts, as bank accounts can be overdrawn, which can result in liability to an ex-spouse...
Child Born Out of Wedlock, Decree Language
How to Draft Decree of Divorce, When a Child is Born Outside of the Marriage By the Mother The proper way to proceed is to have the biological father execute a file an acknowledgement of paternity before the attorney general, and have it filed. If you are able to get...
Decree Language to Prevent Romantic Partner Overnights
Options in Your Divorce Settlement Provisions that prevent your ex-spouse from making adult choices are difficult to enforce. Having your child around your spouse's romantic partners can be one of the most challenging things that happen after the divorce is over....