Posted on September 20,2024 in Family Law

When it comes to marriage, there are many aspects most people are familiar with: a couple generally exchanges vows and rings, they say "I do," and then someone else says: "you may not kiss the bride." Many marriages also include a prenuptial agreement that was signed before the wedding. What a lot of people do not realize is that even if you do not sign it "pre" (before) the "nuptial" (wedding), you still have an option as a couple to draft an agreement that outlines your financial situation, assets, property, obligations, and how you will divide everything if you ever get a divorce. This article will examine the Texas postnuptial agreement. If you and your spouse think this might be a good idea for you, contact a knowledgeable Bexar County, TX marriage lawyer to learn more.

Is a Postnuptial Agreement the Right Move for Us?

Postnuptial agreements are used by married couples in Texas for many reasons, even if they are not planning on getting divorced:

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 Posted on September 09,2024 in Divorce

The way a couple’s property is divided in a divorce can have a serious impact on the spouses’ financial stability for many years in the future. Sometimes, one spouse might be pleased with how the marital estate was divided but the other feels the arrangement is grossly unfair or was done in contradiction of Texas divorce law. 

Although it can be a major challenge, it is possible to appeal the decision in some cases. If you are uncomfortable with how your marital estate was divided, speak with a skilled San Antonio, TX divorce lawyer to understand your options for appealing the divorce ruling. You have a very limited amount of time to file an appeal, so contact us right away.

What Makes a Property Division Unfair?

While you might not like the division arrangement in your divorce, that does not make it objectively unfair. Factors that can demonstrate an unfair division include:

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 Posted on August 26,2024 in Divorce

In the current political landscape, political views are beginning to cause more relationship problems. With political disagreements being increasingly mentioned as a reason couples want a divorce, it is becoming clear that this trend deserves attention. If you and your spouse are frequently involved in tense and heated political debates, contact a qualified Bexar County, TX divorce lawyer to learn more.

How Do Political Arguments Lead to Divorce?

As surprising as it might seem, disputes over politics sometimes reveal other underlying issues between a couple. Healthy couples with productive communication are often able to disagree with each other, even heatedly, and still maintain their strong bond. When a couple is already unstable, disagreements over political issues can seem like the straw that breaks the camel’s back. According to a 2017 study, 10% of American couples stated political differences as the reason for their divorce. This can be explained in several ways:

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 Posted on August 09,2024 in Divorce

When a couple decides to get a divorce, there are many things they need to sort out, from dividing their property to arranging child custody. If you and your spouse have embryos stored from fertility treatments, how would they be handled in a divorce? This can add another layer to the complexity of divorce proceedings. In Texas, the law doesn’t have a specific rule about what happens to embryos during a divorce, so if this is something you are considering, speak with a knowledgeable San Antonio, TX divorce lawyer to find out more.

How are Embryos Treated in a Texas Divorce?

When a couple gets divorced, the various parts of their life get characterized. If they have children, the parents have to reach a parenting arrangement. Even if one gets the majority of custody, Texas courts generally prefer granting both parents at least some amount of parenting time. Texas also follows a "community property" model for dividing property in a divorce. That means that all property and assets acquired by the couple during their marriage are considered under the equal ownership of both spouses and will be split down the middle in a 50/50 division in a divorce. But where do embryos fall?

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 Posted on July 29,2024 in Divorce

If you are considering divorce in Texas, you know you and your soon-to-be ex will need to divide your property. Although Texas is not a 50/50 state, where each spouse would receive equal assets during a divorce property division, courts consider many factors to make these distributions "just and right." One of these factors is whether a specific asset is community or separate property.

Understanding the differences between separate and community property in Texas will get you started on understanding how property division in your divorce will work. Working with an experienced San Antonio, TX divorce lawyer from Brandon Wong & Associates can help you protect your rights and best interests.

Community vs. Separate Property: What Is the Difference?

Texas is a community property state, meaning that courts consider assets you and your spouse obtain during your marriage to be jointly owned. This is true no matter whose name is on the deed, title, or other forms of owner documentation. Courts will divide this property during a divorce. Examples include:

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 Posted on July 08,2024 in Divorce

Child support is a legal obligation imposed by courts to make sure children’s needs are met after divorce. The provisions of a child support order are based on certain factors, like the child’s developmental and educational needs and the financial situation of each parent.

Circumstances change, however, and employment changes happen all the time. When parents lose or quit their jobs, they understandably want to know if they can reduce or stop their child support payments. This is called child support modification and it must be approved by a judge, so any requests for modification should be brought by a Texas child support modification attorney.

It is not easy to get a judge to modify a child support order, however. Courts are reluctant to make changes, particularly within the first couple of years following a divorce. This article will explore whether you still have to pay child support if you quit your job. 

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 Posted on June 22,2024 in Child Custody

Divorce is a big decision that changes the lives of everyone involved. Some couples, therefore, prefer to separate from each other rather than commit to dissolving the marriage. In many states, these couples can enter into a legal separation, which is like divorce. Spouses who are legally separated live apart for a minimum amount of time and work out legal arrangements like child custody and child support. If a couple files for legal separation, a judge may issue a judgment recognizing their new marital status.

Legal separation, however, is not an option in Texas. Couples are of course free to separate from each other if they want to, but the only marital statuses recognized in the Lone Star State are married, divorced, or widowed. 

However, couples who do not want to take the big step of getting a divorce have an alternative option available to them. If they wish, they can hire a Texas separation agreement attorney to draft a separation agreement.

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 Posted on June 10,2024 in Divorce

Divorces in Texas can be lengthy and expensive. This is especially true in the case of a contested divorce, where the parties disagree on some or all issues. Some spouses, therefore, try to manage the divorce process on their own rather than pay attorney fees. They feel confident that they can represent themselves instead of being represented by a Texas divorce lawyer. What can an attorney do, they ask, that Google cannot?

As it turns out, a lot. It is true that you are not required to have legal counsel and you can fill out forms online. However, there are significant reasons why a do-it-yourself divorce is not ideal, and this article will discuss three of them.

A DIY Divorce Can Be More Expensive in the Long Run

A Google search can only take you so far. There are legal nuances that a divorce attorney can spot that are mostly learned from experience. Missing these nuances can lead to mistakes, which can end up being very costly in a divorce because:

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 Posted on May 28,2024 in Divorce

A major part of the divorce process is dividing marital assets, or what Texas law calls community property. This is property that belongs to both spouses jointly. The general rule is that any asset that was acquired by either spouse during the marriage — with some exceptions — is community property and should be divided between both parties.

The procedure for dividing these assets is complex. It is also taken very seriously by courts because spouses sometimes try to hide money from their spouses during this process.

Opening a separate bank account during a Texas divorce is not illegal, but it can mean certain things when it comes to dividing assets. Consult a Texas attorney about whether the time is right for you to open a separate bank account.

When Can I Start Separating My Assets?

You do not need to wait for the court to begin separating your and your spouse’s assets. However, it should be done together with your spouse. If you do it without your spouse’s consent or knowledge, he or she may think you are trying to steal community property. In that case, he or she can ask the court to issue a temporary restraining order on the assets until everything has a chance to be divided. This means that your bank accounts would likely be frozen.

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 Posted on May 06,2024 in Child Custody

Parents who get divorced in Texas need to follow a schedule for sharing physical custody, or possession, of their child. This schedule can either be decided by the parents or a judge. In either case, the court will issue a possession order that contains the schedule terms.

Choosing a possession schedule is a key component of the divorce process and affects everyone involved. The wrong timetable can foster resentment, cause distress to the child, and make it harder for the parties to adjust to a post-divorce life. It is important, therefore, to consult a child custody attorney regarding which schedule to choose.

Which Schedule Should I Choose?

A court will allow any custody arrangement as long as it is in the best interest of the child. If you and your spouse can agree on a schedule, you will need to submit it to the court. If the court approves, the judge will issue a possession order making your schedule legally binding.

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