Parting ways with a spouse is never easy, even in the most amicable circumstances. Sometimes, couples recognize the need for time to live apart but are not yet ready to divorce officially. Still, important matters must be resolved to protect each party’s rights and, if there are children, to keep the children’s best interests a…
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Category: Divorce
Most couples become comfortable with the costs of a wedding, seeing the expense as a contribution to the milestone commemorating their future together. However, divorce costs are not viewed through the same lens when marriages end. Both events are pivotal points in life, and how a marriage ends can be as crucial as how it…
No one gets married intending to later separate, which is why going through a divorce can be incredibly stressful and potentially contentious. If you are considering divorce, you need to know what your spouse can legally use against you. Our Pearland divorce attorneys at Terry & Roberts are familiar with the information commonly used by…
Combative behavior in a divorce is never focused on ending the marriage but serves as a destructive tactic to tear a partner down. High conflict divorces are often costly to both parties because the time it takes to end the marriage is lengthened and mired in legality. These behaviors can also result in psychological trauma…
When marriages end, the first worry people have is how to handle child custody and support. The second most important concern is dividing property and money. Texas is a community property state, and most assets will be split equitably. The law states that anything you receive “by gift, devise, or descent,” such as an inheritance,…
Being abandoned by a spouse can leave a partner unsure of where to turn. When both spouses participate in the process, divorce can be overwhelming. But being left to tackle the dissolution of a marriage alone can feel impossible. It will be necessary to prove abandonment to file for a fault-based divorce. Finding a Pearland…
Divorce is the second-highest life stressor, following the death of a spouse, on the Social Readjustment Rating Scale (SRRS). No one wants this stress, so it is not as though couples enter marriage hoping or even expecting to go through the trauma of divorce. So why do they? Research by the National Library of Medicine…
Terry and Roberts have worked with Texas families for decades handling numerous types of divorce. We understand that managing a divorce involves decisions about finances, childcare, property division, and how to rebuild your life. One of the roles of a divorce attorney is to counsel clients going through challenging times. The attorneys at Terry &…
Family businesses are vital contributors to the Texas economy. Texans pride themselves on the ability to make a living on their own, building successful organizations with the cooperation of family members and their hard work. Family businesses can take decades to build, only to crumble during contentious divorces, shattering a legacy of work and dedication….
Finalizing a divorce can be a very lengthy process involving multiple mediations over issues, including the division of assets, child custody, child support payments, and alimony, among other contentious issues. Once the divorce decree has been signed, the divorce process is complete; but situations may arise over time that require the decree to be modified….
Making the decision to divorce a spouse is never an easy choice to make. Divorce involves many different moving parts and may include children, a shared home, and financial assets. While some divorces can turn sour if spouses can’t agree on a suitable compromise of terms, others can be almost entirely amicable. This is the…
When the majority of marriages end, they are dissolved through a divorce decree. This is the usual process of legally ending a marriage. There are some special and uncommon facts that could allow a marriage to be erased without having to go through a divorce, and this process is known as an annulment. It is,…
There may come a time in the divorce process when a couple must choose between negotiation and litigation. Most family law attorneys would tell you it is always better to resolve a divorce amicably. Keeping your case out of court has many benefits for you in both the short and long term. Not only are…
Any divorce can be complex, no matter how much the couple’s assets are worth. The situation can become even more difficult when there is a large community estate to divide. Although the laws of community property can be helpful in preventing some disputes, there are still many things that could cause disagreement between the spouses….
When a couple gets divorced in Texas, the divorce decree reflects the circumstances at the time the marriage ends and the divorce agreement the two parties have reached (or what was ordered by the court). The terms of the divorce may also factor in what the parties believe will happen in the future. However, circumstances…
Many clients come to us asking whether they can keep their 401(k) in a divorce. Texas uses the law of community property to divide assets in a divorce. If the 401k was contributed to during the marriage, it is a marital asset. All marital property is community property and divided equally between the spouses. The…
How Bankruptcy and Divorce Work Together in Texas One of the leading causes of divorce in Texas is when married couples argue over money. Any marital issues can become far worse when a married couple is experiencing financial difficulties. Divorce does not make financial problems go away. In fact, creating two households where one existed…
There is no law in Texas that spouses must separate before getting divorced. Many couples choose to live together during a divorce for a variety of reasons. There is no one correct answer about how you should handle living with your spouse during a divorce. However, the experienced divorce lawyers at Terry and Robert have…
When it comes to filing for divorce in Texas, there are no easy options. The only options are “difficult” and “somewhat less difficult.” Even though an uncontested divorce is marketed as a quick and express split, it is rarely as clean and easy as it sounds. What You Must Consider in the Divorce Process When…
Yes, Texas is one of nine states in the U.S. that uses the law of community property to divide marital assets in a divorce. It recognizes that spouses are equal partners in their marriage. The divorce attorneys at Terry and Roberts understand that the scope of the assets to be divided is often the greatest…
When you are in the middle of the divorce process, you will need to make many decisions, often under quite a bit of pressure. Some of your decisions may involve custody matters, while others may center on finances. What you do today will have a large impact on your future. Today’s mistakes can be tomorrow’s…
You may have a number of questions for a divorce lawyer, both during your initial consultation and based on things that have happened during your case. Here are some important questions that clients tend to have for their divorce lawyer: 1. Can I get a divorce if my spouse does not want one? Yes. You…
In many states, legal separation is an intermediate step that couples will take when they are considering or awaiting a divorce. The couple would still be legally married, but they would live separate lives pursuant to a court-ordered agreement. They may have reasons for wanting to stay married, such as qualifying for certain benefits or…
In some divorces, people will do or say anything to gain an advantage, including making false accusations against the other spouse. These can be difficult to counter if you’re on the receiving end of these accusations because you will likely have to answer them in some way. If not, you may face consequences of your…
When you are involved in a divorce, you have several financial worries. Besides worrying about money (both today and in the future), you are also concerned with the actual division of your assets. In some contentious divorces, you may need to take steps to protect yourself when you are worried about how your spouse may…
Filing for divorce can be a complex process in Texas, even if the divorce is uncontested. There is paperwork that must be done correctly in order to avoid delays. The process can become more complicated when the two parties do not agree on key financial or custody issues. The First Step Is Hiring a Family…
While there is no such thing as a smooth divorce, the actions you take during the process can mean the difference between an extremely difficult progression and a less difficult one. You should act based on a strategy, even when you cannot fully control the events. And, not only must you protect yourself legally, but…
Getting remarried after a divorce could have legal implications for you. Remarriage is not something you will be able to do without preparation. That’s because if you get remarried, you will still be bound by the terms of your divorce order. Unless a court makes a change to the terms, the divorce order will take…
Property division in a Texas divorce relies on different rules than those used in many other states. In Texas, the presumption is that community property is divided equally between the two spouses. Before the community property can be divided, however, spouses need to know the exact value of each part of it. While assets are…
The General Timeframes for a Divorce In total, you are looking at a divorce timeline of 6-12 months in most cases. However, the timeline for a Texas divorce depends on a number of factors. When two parties are able to agree on the terms of the divorce, it can be resolved relatively quickly. Even if…
Many people wonder what happens if their spouse will not sign divorce papers? In some cases they will not sign because the spouses cannot agree on the terms of the divorce. In other cases, a spouse may try to delay the divorce process by ignoring divorce papers. Regardless, one party does not gain control over…
Dividing retirement accounts could cause major financial strains for divorcing couples that are close to the end of their careers. If you were counting on keeping your entire retirement account after a divorce, the law says otherwise. Because Texas is a community property state, assets that are community property are divided between the spouses. Community…
In a Texas divorce, the marital estate is divided between the two spouses. The marital estate includes business assets that are owned by one or both of the spouses, so long as they are not subject to the terms of a prenuptial agreement or designated as separate property. Medical practices have the same status as…
When one or both spouses own business interests, it can turn the property division portion of divorce into a complex and confusing process. Texas is a community property state, which means that all property – including the assets of a business – that was obtained or created during a marriage is subject to property division…
When starting the divorce process, you may have heard the phrase “serving your spouse” with divorce papers. Getting divorced is a legal process that involves having to tell the person you are divorcing what you want and why, as well as giving them an opportunity to respond. Your spouse must receive notice that you have…
Should I File for Divorce First? Making the tough decision to file for divorce can feel overwhelming, but that decision can be even more emotionally taxing when the choice is taken out of your own hands. You may be asking yourself whether it is better for you to file first for a divorce or if…
Spousal support, more commonly known as alimony, is paid by one former spouse to the other to help support their ex-partner financially. Spousal support is completely separate from child support and can be paid whether or not there are children involved in the divorce. While some people may think alimony is a relic from another…
1. Hiring Inexperienced Counsel Many doctors have friends who are lawyers or have business counsel for their practice and/or healthcare facility. Often times doctors will hire these lawyers to handle their divorce as they are convenient and may promise to get things done quickly because divorces are “easy” compared to healthcare lawsuits. Divorces, however, are…
When a couple files for divorce, there are a million things that may be going through their heads. The children need to be cared for, the family home may need to be sold, spousal support may be required, and more. When a dentist and their spouse choose to divorce, they will face even more unique…
Divorces are emotional processes, especially when children are involved. A suit affecting the parent-child relationship or a SAPCR is an essential part of a divorce that involves children. It is meant to establish the best environment possible for the child or children of the parents who are getting a divorce. The following are eight important…
Divorce is an emotional and complicated process for anyone, but for doctors and other medical professionals many unique complications can arise that require special attention. A doctor’s personal and financial future may be seriously impacted by the outcome of a divorce, as his or her medical license, ethical standing, and professional career will be put…
In the majority of Texas divorces, the house is the largest asset to apportion. It can also be the most difficult asset to divide, as property decisions can be extremely emotional and have a significant financial impact. This house has sheltered and protected your family and you may want to hold on to the property….
No one enters into a marriage planning on getting divorced. Divorce law is complex and requires following a specific legal process that can take as little as a few months but as long as a few years depending on the circumstances surrounding the relationship and divorce proceedings. While you may be tempted to save some…
Whether married for a short period of time or a few decades, the decision to end a marriage is not an easy one. Divorce is not something we typically associate with happiness or joy, and as such many couples ask just how quickly the divorce process can be completed. In Texas, a quick divorce can…
Making the painstaking decision to go through the process of a divorce is difficult enough for those involved. While in many instances divorce proceedings can go smoothly and efficiently, there are several ways spouses can use delay tactics as a means to stall or drag out the entire process. Understanding the most common delay tactics…
The ongoing COVID-19 pandemic has brought an onslaught of challenges for many in Texas and across the nation. For those who are divorced or separated, these challenges have been particularly difficult to navigate when children are involved. Because of this – along with the difficulties that can come with divorce to begin with – knowing…
To say that divorce is an emotional process would be putting it lightly. Divorce, even when amicable, can be mentally, emotionally, and physically exhausting. After dealing with the legal complexities and tension that come with ending a marriage, it can be challenging to see life in a positive light. This being said, divorce can have…
As it turns out, even a global pandemic cannot stop life events from occurring. While we continue to redefine what normal day-to-day life will look like, we cannot pause or put off important and crucial personal matters, including divorce. Between the stressors of the coronavirus pandemic, economic downturn, and shelter in place orders, this has…
Many people believe that getting a divorce in Texas is easy and just a quick process to end a marriage. However, a divorce in Texas can involve a variety of important topics, including property, debts, and children; and, you cannot get divorced without first dealing with these issues. In fact, divorce is often one of…
Divorce can be a complex legal matter with multiple moving parts. Just as every relationship and marriage is unique, the same can be said for divorces. While some couples can resolve their issues within a few months, others may take years to work their way through the legal proceedings, division of assets, and other family…
When most people think about divorce, they probably picture a young couple. Most people don’t think about couples that have been together for multiple decades separating late in their lives. But, while the overall divorce rate has dropped in recent years, grey divorce is rising at an alarming rate. In fact, the grey divorce rate…