The name in which a piece of property, real or personal, is held does not conclusively establish the asset’s characterization. Using the Inception of Title Rule, we will need to examine the timing and method of acquisition to determine whether a piece of property should be characterized as a separate or community asset. For example, if a marrie...
Read moreIf you anticipate that you will not be able to support yourself from your own separate property, not all hope is lost. Although Texas does not recognize alimony as many other states do, you may be successful in pursuing a claim for spousal maintenance to support your minimum reasonable needs. The term “minimum reasonable needs” is a legal ter...
Read moreDivorce can affect several aspects of your life, both personally and professionally. You do not want to be caught off-guard and unprepared if you are suddenly served, and it’s best to plan ahead if you are the first to file. For the property, you currently own, be sure to keep everything as separate as possible without making any drastic change...
Read moreGenerally speaking, property acquired prior to marriage is separate property, and property acquired during a marriage is community property. However, Texas law provides that property acquired through gift, devise, or descent is considered separate property even if such property was acquired during a marriage. It is important to know that separate...
Read more1. Research Many online resources are available to the public. Several websites, like Avvo, display attorney ratings, and attorney practice areas. You can also explore the “Find a Lawyer” feature on the State Bar of Texas website to search for attorneys with specific certifications and services. Searching through this information will help yo...
Read moreThinking about separation or divorce details can be stressful enough without rushing into agreements with your spouse prematurely. Before you enter into any type of agreement with your spouse, here are some important differences to know between a separation agreement and divorce. Separation Under property settlement agreements law in the United ...
Read moreThere are thousands of lawyers in the State of Texas alone. When you have a divorce or custody matter, how do you choose the right divorce lawyer? Here are some things that you should look for when you choose an attorney: Their primary practice area should be in family law. A divorce and/or custody matter affects you and your loved ones for ...
Read moreA divorce trial is the court option where a matter is held in a public court and decided by a judge. While the majority of divorce cases are settled out of court, there are several instances when you may consider a trial for your divorce case. Going to trial is a huge decision that has several implications. In light of this, it is wise to consult ...
Read moreUnless you have children, you are under no obligation from the law to remain in Texas during your divorce. We know this is an emotional process, and most times people want to get away and start a new life elsewhere. Before you make an emotional decision, consider the divorce proceedings and the possibility that the case could go to trial. It is im...
Read moreSometimes people find themselves in the unfortunate, but necessary circumstance of divorce. This difficult time is turbulent enough even if things progress as ideally as possible between both parties. There are an array of novice mistakes, however, that any person in that situation should seek to avoid at all costs. An Austin divorce arbitration ...
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