Family Law Newsletter

Commingling of funds during a marriage occurs when spouses mix together money or property belonging to each individual spouse. This occurs commonly with a bank account, where each spouse may be depositing his or her own money, but the account itself is joint and the total sum does not differentiate who deposited what. Texas is one of ten community property states. In these states, commingling money or assets carries with it the presumption that these items are marital property and thus subject to division during a divorce. If a spouse wants to prove that these shared assets are his or her separate property, the burden is on that spouse. In order to prevail and keep the court from dividing commingled property during a divorce, the spouse must be able to trace the assets origin. For help in unraveling commingled property during a divorce, a Houston property division lawyer is available….
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The divorce judgment may appear to be the end of the road for a couple deciding to end its relationship. The judgment finalizes the divorce, details how the court will split the couple”s property, determines child visitation rights and provides for child or spousal support. Important considerations remain, however, even after a court renders its divorce judgment. Name changes, amendments to your will and helping your children cope with the divorce, for example, are just some of the important considerations spouses should have following a divorce. If you are concerned for your rights after a divorce, a Houston divorce attorney can guide you through the process and explain your options. Legal and Financial Tips Recently divorced people, particularly women who used their husbands” last names, should keep certified copies of their final divorce judgment at hand. Other parties like banks or government agencies may require the judgment in the following…
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Adultery can be an emotionally devastating experience. Married people whose partners have cheated on them suffer complex and conflicting emotions like anger, regret, sadness, and jealousy. Often, this fundamental betrayal of the marriage vows that both spouses took is the final straw and leads to the end of the marriage in question. When one partner cheats, it can lead to a contentious divorce because the cheated-on spouse is still hurting and angry. Texas is a “no-fault” divorce, which means that you do not need to provide a reason for the separation. All that the law actually requires is for you to claim incompatibility. However, adultery can still be a basis for divorce and there are strategic reasons for claiming alleging the fault of your spouse. One is pure vindication of your right as the innocent spouse who has been wronged by an extramarital affair. A more practical reason to pursue…
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When you file for divorce in Texas, you either will enter into a property agreement with your spouse that divides all marital assets and liabilities, or the court will divide your marital assets and liabilities for you. Liabilities include: Mortgages Home equity loans Car loans Property tax loans Signature loans Payday loans Title loans Credit cards Lines of credit Taxes Misc. debts If the court divides the marital estate, the division may not be a 50-50 split. Courts can consider factors like income disparities, education and training, age, and fault in the divorce when dividing assets and liabilities. Working with an experienced Houston divorce attorney increases the likelihood you will walk away from the divorce with a property division you can live with. Do Not Forget the Liabilities From the very beginning, you need to make sure your divorce attorney has a complete list of all debts incurred during the…
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