At McNamara Law Office, PLLC we offer mediation unlike that conducted by most lawyers. When spouses cannot agree how to divide their estate or what to do with children, we offer mediation before a divorce is filed without requiring each spouse to have a lawyer. Read More “Mediating Divorce With One Lawyer”
It’s not unusual in a divorce for one spouse to realize they know little about the finances. More often it’s a wife. Sometimes, she manages household finances and pays bills, but the other spouse knows about the investments, retirements and business interests. Sometimes, one spouse manages all household finances, including paying bills, and the other knows nothing about income, expenses, retirement or investments.
Read More “We’re Divorcing, We Have A Sizeable Estate But I Don’t Know The Details”
A drive-by mediation is where parties to a family law dispute meet with a mediator to confirm an existing agreement. Unlike most mediations, which are convened to resolve differences, a drive-by mediation is used to cement an existing agreement. For information about traditional mediation click here.
The term “Drive-By Mediation” is used because the agreement is already made, and the mediation is a short formality to make it enforceable and irrevocable. Bargaining and negotiation are not part of a drive-by mediation. It is not a legal term, but a nickname created by the legal community. Read More “What Is A Drive-By Mediation?”
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”
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?”
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”
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”