Preparing for a Divorce
Going through a divorce can be both a financially and emotionally stressful process. Proper planning may help to minimize some of the stress involved and allow you to maintain some control during an uncertain and difficult life event. Read More “How To Prepare For A Divorce”
Who Really Needs a Prenup or Postnup?
Recently, a person in a contentious and expensive divorce told me they had no prenup because a lawyer said they didn’t need it. This person specifically asked about a prenup before marriage and a lawyer said it was unnecessary. I was shocked! I had no idea some attorneys still think that. Read More “The Ultimate Guide To Myths And Misunderstandings About Prenups & Postnups”
Sometime before the wedding, many couples consider drawing up a prenuptial as part of the wedding planning process. To put a document like this in place is usually not done out of distrust for a potential spouse, but for the protection of yourself and your current or future children. One of the most common prenuptial questions asked by engaged couples is, “Can children be written into a prenup?” Read More “Can Children Be Written Into A Prenup”
Dealing with a business can be the most difficult part of property division in divorce. It’s not a good idea for former spouses to be in business together; most businesses cannot be split and divided; and putting a value on a business may be expensive and often speculative. Read More “What Happens To A Business In Divorce?”
When Divorce is Unexpected
Some painful life events are expected. Deep down, we expect to bury our parents. Everyone knows their spouse might be the first to pass on. Some, as their marriage remains in trouble, think about divorce. Others are shocked when their spouse decides to divorce. Part of what makes divorce so painful is that it’s unexpected, even at the deepest level. People expect to remain married for life. Read More “Facing An Unwanted Divorce”
How are assets divided in a divorce? Two people who went into a marriage thinking in terms of forever only to confront a divorce must face this question while dealing with the emotional trauma. In Texas the quick answer is: In a ‘just and right division.’ When the courts of appeal are asked to clarify that, they tell us it means ‘fair and equitable.’ Read More “How Are Assets Divided in a Divorce?”
Child Support Calculations and Caps in Texas
Aside from wrapping up technicalities in a divorce, the government is most concerned about how the splitting couple will provide for the children, so an important question to ask is: what are the caps on child support and how is it calculated? High earners who are not aware that a cap exists in Texas could end up paying more than the amount required by law, though that is certainly allowed. The parties may agree to whatever support above the cap they feel comfortable with, but the cap is a helpful reference point for that discussion. It is determined by statute through the Attorney General’s office. Only in rare cases may a Judge set child support above the cap. Read More “What Are The Caps On Child Support?”
Texas Common Law Marriage
- Family Code §2.401 calls it “Informal Marriage.”
- Must live together as a married couple in Texas.
- Must generally represent to the community you are married.
- Must have an agreement between the couple to be married.
Read More “Am I common law married? The Ultimate Guide to Common Law Marriage”
A marital agreement (prenup or postnup) changes the focus in negotiation and trial from dividing the community estate to whether a deviation will be made from the agreement. Read More “What’s The Real Benefit Of A Prenup Or Postnup? Does It Make A Divorce Quicker Or Cheaper?”
Once the decision has been made to file for divorce, people are often unsure and anxious about the next steps. At McNamara Law Office, PLLC, we endeavor to tailor the process to the individual client’s needs and situation. Read More “TROs And Temporary Orders In A Divorce”