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?”
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TROs And Temporary Orders In A Divorce
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”
NO TAX DEDUCTION FOR ALIMONY AFTER 2018
One effect of the 2017 Federal tax overhaul is that alimony is no longer tax deductible after December 31, 2018. Under the Tax Cuts and Jobs Act, Pub. L. No. 115-97, § 11051(c), sections 62(a)(10), 71 and 215 of the Internal Revenue Code were not included in the new law. Read More “NO TAX DEDUCTION FOR ALIMONY AFTER 2018”
Father’s Rights in Texas – What to Expect Regarding Child Related Issues
The Texas Legislature has made it clear that “the court shall consider the qualifications of the parties without regard to…the sex of the party” when determining matters related to conservatorship and possession of the child. Tex. Fam. Code §153.003. In Texas, fathers should be equally considered when determining which parent shall determine the primary residence of the child/ren. Read More “Father’s Rights in Texas – What to Expect Regarding Child Related Issues”
Best Interest Test – The Holley Factors
Every Texas statute and every court decision regarding children is focused on one key consideration: What is the best interest of the child? This term is used persistently, but often without a lot of clarity. Parents new to family law litigation assume attorneys and judges automatically intuit the meaning of “best interest” without any formal definition. Read More “Best Interest Test – The Holley Factors”
Conservatorship Part II – What About the Grandparents?
Many loving and involved grandparents want to know what rights they may have when it comes to their grandchildren. Oftentimes, grandparents are the ones helping to raise grandchildren while their son or daughter is in a time of transition or involved in activities that may put the grandchildren at risk. In other cases, a grandparent may simply want to know if they have any legal rights of visitation with their grandchildren. Read More “Conservatorship Part II – What About the Grandparents?”
What Is A Rule 11 Agreement?
Texas Rule of Civil Procedure 11 says:
“Unless otherwise provided in these rules, no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record.” Read More “What Is A Rule 11 Agreement?”
What Is Joint Managing Conservatorship And Who Gets It?
Conservatorship in Texas
It is the public policy in the state of Texas to ensure that children will have frequent contact with both parents and to encourage parents to share in the rights and duties associated with raising their children. Tex. Fam. Code §153.001. Pursuant to public policy, Texas has adopted the term “conservatorship” rather than “custody” when making orders concerning the parent-child relationship. Read More “What Is Joint Managing Conservatorship And Who Gets It?”
Ten Ways To Attack A Prenup
Texas law favors prenups. When written correctly, and when the right signing procedure is followed, a prenup is hard to invalidate.
Even though a skilled lawyer can write a solid prenuptial agreement, if the law is not followed it might be successfully attacked in a divorce or probate proceeding. Read More “Ten Ways To Attack A Prenup”
Handling Shared Credit Cards And Liability In A Divorce
The interplay between shared credit cards and financial liability is complex, and much more so when working through a divorce. Prenuptial and postnuptial agreements attempt to straighten out the asset and debt details upfront, but when such an agreement is not in place, it will take an expert to sort everything out. In some cases, the idea of facing financial hardship or ruinous credit can compel someone to stay in a marriage they would otherwise seek to dissolve. Read More “Handling Shared Credit Cards And Liability In A Divorce”
