By Robert Reid McInvale | Published January 6, 2016 | Posted in Divorce | Tagged Tags: asset division, community property, property division | Leave a comment
During a divorce, the court divides the marital property. The judge is allowed to divide assets in any way he or she decides is “just and right.” Because Texas is a community property state, most property acquired during the marriage is considered marital property and is divided as a judge sees fit. With the help Read More
Read MoreOne of the most confusing issues my clients experience during a Texas divorce pertains to how the law governs division of marital property. Unfortunately, in numerous situations, my clients lose assets they owned prior to marriage simply because they failed to protect their rights properly before or during the marriage. In a community property state Read More
Read MoreIn 1990, the divorce rate for people over 50 was only one in 10; by 2008, this rate had risen to one in four. Researchers attribute this increase in gray divorce to longer life spans, the fact that more women have their own financial resources and the value the baby boomer generation places on self-fulfillment. Read More
Read MoreThe best time to protect your financial health during divorce is before you file. If you do not have that luxury, there are steps you can take to ensure financial stability as you move through and out of the Texas divorce process. As with many issues in divorce, being responsive is more useful than being Read More
Read MoreMany Americans are not averse to divorce. Roughly one in three marriages ends in divorce, and the divorce rate for couples over 50 has doubled since 1990. A strongly individualistic generation, the Baby Boomers are reinventing marriage trends as they retire from the workplace. A recent study from Bowling Green University made some interesting findings Read More
Read MoreWhen a divorce is underway, property division can become a contentious issue. Your former better half is entitled to a fair half of the marital estate, but if your ex-spouse takes more, you may have a claim for marital waste. As a community property state, Texas courts expect couples to create fair agreements to divide Read More
Read MoreWe have talked elsewhere about the lack of recognition of same-sex marriage in Texas. The option for gender-neutral marriage or divorce in Texas does not exist. There is also no possibility of legal separation. Many people consider separation a preliminary condition of divorce. One partner moves out, a divorce is filed, and the process of Read More
Read MoreAs a community property state, divorcing couples in Texas make agreements about dividing their property in a fair manner, or the courts make the decision for them. In many divorce matters, property division can become as divisive as child custody issues. With the mainstream use of cloud storage and virtual assets, property division has literally Read More
Read MoreWhether you are at the outset of a divorce proceeding, or in the midst of it, taking time to understand how to present yourself effectively in mediation or settlement conversations is important. Part of my job as a divorce attorney in Lubbock is to offer you the avenue toward divorce that best suits your situation. Read More
Read MoreWhat you can do depends on where you are in the divorce process and whether you complete your divorce through mediation or litigation. During a divorce, your lawyer can use subpoenas to compel your ex to produce complete financial records. If he or she will not, the divorce court can hold him or her in Read More
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