Posted on June 30, 2017 in High Asset Divorce

A survey by the National Endowment for Financial Education found that 30 percent of spouses have been deceptive about money with their spouse, and almost 60 percent admit to hiding money from them. Considering these statistics, it is not surprising that one of the most contentious issues in a divorce is the division of assets. It is not uncommon for one spouse to try to hide assets from the other in order to avoid sharing those assets.

When couples are dissolving their marriage, they are required to provide financial affidavits to the court which reveal any assets they have. Although providing false information to the court is illegal, many spouses would rather take their chances and lie about their assets so they do not have to share them with their soon-to-be ex-spouse. If you are going through a divorce and think that your spouse is hiding assets from you, there are steps that you and your high asset divorce attorney can take in order to find those assets, including:

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 Posted on June 21, 2017 in Complex Divorce

The records of most civil cases in Texas are available to the public. However, it is possible for parties who are going through a divorce to have certain information kept private. To learn more about your confidentiality rights, please contact an experienced complex divorce attorney who is familiar with the court procedures required to keep your personal information safe.

Restricted Documents

Although most divorce records are available to the public, some divorce-related documents can be marked as restricted if they contain sensitive data, such as:

• Birth dates;
• Social Security Numbers;
• Driver’s license numbers; and
• Other personal information.

If a document contains this kind of information, the party must include a notation at the top of the pleading stating that the records contain sensitive data. Although this does not mean that a record will be sealed, it will help keep it from being posted online.

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 Posted on June 14, 2017 in Child Custody

In Texas, couples who make the decision to file for divorce have the option of coming to an out of court agreement about child custody and visitation issues. Although all parenting plans must be approved by the court prior to the conclusion of the proceedings, this still allows parents to create a schedule that meets the needs of all parties, especially the children. When the parties are unable to come to an agreement, however, visitation matters will be decided by the court, which can leave everyone dissatisfied. Having the advice of an experienced family law attorney can make all the difference in whether parents are able to reach an agreement outside of court, so if you are considering a divorce and have questions about visitation rights, it is necessary that you reach out to an experienced complex child custody attorney who can assist you in protecting the interests of both you and your children.

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 Posted on June 08, 2017 in Complex Divorce

Although filing for divorce is always a complex and emotional process, it can be even more difficult when one of the parties cannot be located. In these situations, the party petitioning the court must comply with specific procedures, so if you are considering filing for divorce and do not know where your spouse currently lives, it is critical to speak with an experienced complex divorce attorney who can help explain your next steps.

Filing a Petition

Even when someone does not know where his or her spouse is currently living, it is still necessary to take the following steps:

• Draft and file a petition for divorce;
• Pay the court filing fees; and
• Attempt to serve the petition on the other party at his or her last known address.

However, if after attempting to personally serve the other party, the filing spouse is still unsuccessful, it is possible to try other methods of notification.

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 Posted on May 24, 2017 in Complex Divorce

Court orders are legally enforceable, which means that if a parent fails to comply with their terms, he or she can be held accountable by the court. Generally, this is achieved by filing a motion for contempt or a motion for enforcement by the wronged party. Filing these motions requires compliance with specific procedural rules, so if your ex-spouse is failing to abide by the terms of a court order by refusing to pay child support or spousal maintenance, you should contact an experienced complex divorce litigation attorney who can explain your legal options.

Filing a Motion for Enforcement

When a party is failing to abide by the terms of either a temporary or permanent divorce-related order, the other person can file a motion for enforcement. However, a court will only approve a motion for enforcement if it contains specific information, including:

• The provisions violated by the other party;

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 Posted on May 17, 2017 in Child Support

Whether the terms of a child support order were determined by a judge or a couple came to an agreement outside of court, each spouse is legally required to comply with the order. Parental responsibilities are taken seriously in Texas, so failing to pay child support can have serious consequences, including wage garnishment and jail time. In fact, a recently implemented program now prohibits parents who are behind on child support payments from renewing their vehicle registration. Whether you are having trouble meeting your child support obligations or are trying to enforce a child support order, it is critical to have the advice of an experienced complex divorce attorney who can explain your legal options.

Office of the Attorney General

All child support orders must be registered with the state’s Office of the Attorney General (OAG), which oversees and enforces child support obligations across the state. When a person falls behind on payments, the OAG can withhold a percentage of his or her paycheck until the amount has been paid. The OAG is also permitted to collect past due child support by seizing the parent’s liquid or cash assets, including the contents of a bank account. The OAG can also take the following steps:

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 Posted on May 10, 2017 in Complex Divorce

Divorce can be a complicated, stressful, and truly difficult time for those involved, especially when one or both parties are or were formerly members of the military. Recent changes to the Uniformed Services Former Spouses’ Protection Act (USFSPA) further complicates how assets will be divided in divorces where one of the parties is a member of the military. To learn more about how these changes could affect your or your family, it is crucial to speak with an experienced complex divorce attorney who can explain the potential repercussions.

Disposable Military Retired Pay

According to the USFSPA, state courts are permitted to treat disposable military retired pay as divisible property during a couple’s divorce. Although the law authorizes state courts to make this division, it does not require it and does not provide a formula for division. However, the law does provide a mechanism that enables former spouses to enforce an award by receiving direct payments from a member’s retired pay.

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 Posted on May 05, 2017 in Complex Property Litigation

One of the most contentious issues faced by many couples going through a divorce is who will retain ownership of the family home. Texas is a community property state, which means that all assets acquired by a couple during their marriage must be divided equitably upon divorce. The family home falls under this category as well, which means that if a couple is unable to come to an agreement outside of court, a judge will need to devise an equitable arrangement. Property division is a complicated legal issue, which can be made even more complex by the emotionally charged nature of many divorces, so if you are considering a divorce and have concerns about property division, it is important to contact an experienced complex divorce attorney who can explain your options.

Community Property

All property acquired during a marriage will need to be divided during a divorce, including:

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 Posted on April 28, 2017 in Child Custody

Early this year, Senator Jane Nelson introduced a new bill that would give courts the right to terminate the parental rights of someone convicted of sexual assault. If passed, the new law could have significant repercussions on the rights of many Texas parents, so if you have questions about how the law could affect you, it is important to contact an experienced complex child custody attorney who can address your concerns. A skilled family law attorney in your area will help protect your rights and provide questions to any answers you may have concerning family law in Texas.

Current Law

According to Texas law, courts can terminate the parent-child relationship if clear and convincing evidence demonstrates that a parent has:

• Allowed the child to live in conditions that endangered his or her well-being;
• Did something that endangered the child;

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 Posted on April 21, 2017 in Family Law

Even when a couple chooses not to officially get married, their relationship may qualify as a common law marriage. In these cases, separating couples are still required to go through the process of divorce, so if you have questions about whether your relationship qualifies as a common law marriage and what steps you need to take to obtain a divorce, it is critical to contact an experienced complex divorce attorney who can explain your rights and responsibilities.

Common Law Marriage Requirements

Before ending a long-term relationship, couples should make sure that their union does not qualify as a common law marriage, which requires that the couple has:

• Agreed to be married;
• Lived together in Texas as husband and wife; and
• Represented to others that they were married.

Couples who fulfill these requirements have entered into a common law marriage and must go through the formal process of divorce. Although this designation does not change how child custody and child support are decided, it could have a significant impact on how property is divided. This is because Texas is a community property state, which means that all property owned by a couple after marriage must be divided equitably. In an effort to avoid dividing these assets, one spouse may attempt to prove that no common law marriage actually existed. In these cases, it is critical for the other spouse to provide evidence to the contrary, which could include:

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