Divorce and Property #divorce #attorny, #divorce #and #property


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Divorce and Property

Divorce not only terminates the legal partnership between two spouses, but can also require that the property previously shared by the couple be divided. While property owned by either spouse prior to the marriage can remain the property of the original owner, most things acquired after the wedding (community or marital property) and before separation are often subject to division upon divorce. This section includes resources to help those going through a divorce determine how property should be divided, what happens to shared debts, how to find hidden assets, what happens to the family home, the effect on insurance policies, and more. A marital property division checklist and a sample property settlement agreement form also are included.

Community Property vs. Equitable Distribution

There are two main systems for dividing marital property: equitable distribution and community property. While the majority of states use equitable distribution, the community property states are larger and thus about a third of the U.S. population lives under these states, including California and Texas. Community property states split marital property evenly, while equitable distribution states will give the higher earning spouse a larger share than the lower earning spouse, such as a stay-at-home parent. Check out the Property and Debt Division FAQs and the Community Property Overview articles for more.

Debt and Marital Property

Debts from the marriage have to be divided among the spouses as well. Sometimes, debts may be associated with only one partner, such as gambling debts. In this case, the court can divide the debts appropriately to the wrongdoer. Typically, household or general expenses debts will be divided evenly. Even some seemingly separate debts, like student loans to one spouse whose career benefited the marriage, may be divided evenly to each spouse, depending on the state. Read the Credit and Divorce article for more information.

Taxes, Retirement Funds, Inheritances, and Divorce

You’ll want to understand how taxes are affected by your divorce, particularly in the year that you divorce. In addition, your retirement funds and other estate planning tools may need to be divided to compensate the spouse without an IRA. You may need a special court order called a “QDRO.” To learn more, read the Divorce, Taxes, and your Estate Plan article.

Inheritances are generally considered separate property and are therefore exempt from the division of property between spouses, see Inheritance and Divorce below.

Property Settlement Agreements

Property settlement agreements can be amicably entered into between former spouses to avoid drawn out court proceedings in a divorce. The judge will review it for equity, but as long as it’s fair enough, it’s typically granted. If both you and your ex can agree to a particular division of property, then it may be in your interest to settle your marital property issues outside of court. The sample property settlement agreement here is a great place to start.

Getting Legal Help

Because your marital property will be divided in accordance with your state laws if you divorce, you should consider entering into a prenuptial agreement with your spouse before marrying, especially if either of you expect to earn a significant income. If you’re getting divorced, you may want to speak with a divorce attorney about your marital property options, including drafting your own settlement agreement with your ex. This section includes a checklist to go over before discussing marital property, child custody, and spousal support issues with your lawyer.

Learn About Divorce and Property

Answers to frequently asked questions on debt and property division in divorce. Learn about what happens to property and debt after a divorce, including community property and the family home.

An overview of how inherited money and property are treated in divorce. While inheritances usually aren’t subject to equitable distribution in divorce, there are certain exceptions depending on state law.

Settling a property dispute can allow you avoid a lengthy court battle and save a substantial amount of time and money. This sample form will give you an idea of what a property settlement agreement looks like.

A checklist of important divorce-related issues you should discuss with your attorney. This list should help you avoid missing critical issues, like those related to child custody, property, and spousal support.

Divorce and Property Articles


Denver Divorce Lawyer – Family Law Attorney Englewood CO, Child Custody –


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    We are an Family in Colorado Defensor. Family law matters can be very emotional, especially when children are involved. I have been assisting people with family law cases since 1986 primarily in the Colorado metro area. I have also assisted people in countries outside of this area.

    People Law Professional Legal Firm

    In my initial consultation with a potential client. it is my desire to be a good listener, to understand the client’s objectives, and to recommend a strategy for achieving the client’s desired results. In all of my family law cases, I encourage my clients to keep their own hard copy paper family law notebooks. I make it a habit of hand-delivering and/or forwarding any pleadings I generate on the client’s behalf and/or any pleadings received from any other party and/or their defendant and of course the court. We all have life experiences with someone who has gone through a family law proceeding in Denver .

    I encourage my clients to use their life experiences to assist them in their current law matter.

    As a parent and a caring family law attorney, I encourage my clients to focus on first and foremost what is best for their children. Children always have to be the most important for us. Englewood Law.


  • Phoenix Arizona Divorce Lawyer and Family Law Firm #divorce #attorney #phoenix #az


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    Call Today (602) 277-4736

    Practicing Family Law Since 2001

    Our family law office has represented many individuals in the State of Arizona for several different types of family law issues ranging from divorce. child support, child custody. visitation. legal separation, prenuptial agreements and spousal maintenance. The Law Office of Laura Gillis is a law firm who provides each client with the personal attention and first class service. Our legal team is dedicated to making your experience in working with us a positive one. Family law cases, especially a case involving divorce and child custody can be complicated issues. Our staff does a great job in handling client issues as well as dealing with difficult situations that family law cases can often times present to an attorney or law firm. We promise to treat you right and make you a priority when you hire our team of legal professionals.

    We offer a free consultation to all potential clients. Our law office provides a few different options concerning your legal issues in regard to representation from flat fee based representation and payment plans to help you with the financial aspect of hiring a quality legal team that will work hard in protecting your interests and provide you with proper legal advise concerning divorce and family law guidelines as they pertain to your individual case.

    Each case is different from the next, and experience really matters when it comes to family law representation.

    If you are in need of an attorney to help you file divorce in Arizona, or any other family law related issues give our law office a call to discuss your case and obtain a free consultation with Phoenix family law attorney Laura Gillis by calling 602-277-4736.

    Areas of Practice

    Family Law:
    I provide free consultations as well as a low flat fee option for your Arizona family law or divorce case. We handle cases focusing on family law, divorce and child custody in Arizona. Our legal team is able to assist you with any and all family law matters including spousal maintenance, alimony, divorce, child custody, grandparents rights, annulment, prenuptial and post marital agreements, visitation, child support. read more

    Divorce:
    I have several years of experience in family law and divorce. Divorce is a life changing event, make sure you know if you need an Arizona divorce attorney prior to filing your divorce paperwork. read more

    Child Custody:
    If you are going through or have been through a divorce and need to fight for custody of your child. Take a look at this page to help you better understand the Arizona child custody guidlines and laws. Arizona child custody cases can be complex, however Arizona divorce attorney Laura Gillis can help you understand your rights and Arizona child custody laws. read more

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    Chaninat & Leeds: Thailand Divorce Lawyers #divorce #lawyers #in #thailand, #divorce #lawyer


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    Divorce in Thailand

    There are two types of divorce in Thailand, administrative and court divorces. Generally speaking, if either you or your spouse currently resides in Thailand you may be able to file for a divorce in Thailand courts provided there are lawful grounds (reasons) for the divorce. If your marriage was originally registered in one of the Thailand district offices and both you and your spouse consent to the divorce, then the process is administrative and relatively simple compared to a court divorce.

    Thailand Consensual Divorce or Uncontested Divorce

    If you registered your marriage at a Thailand local district office (Khet or Amphur) you and your spouse may register for an administrative Thailand divorce. Registering an administrative divorce at the local district office requires that you and your spouse do not have any disagreements over child custody or property. If there are assets to be divided or issues regarding custody of children, then the divorcing spouses can negotiate a settlement agreement for the divorce and this should be registered at the same time as the administrative divorce is registered.

    An administrative divorce is also referred to as a consensual or uncontested divorce. However these terms are not totally accurate because, it is possible to have a consensual divorce in a Thailand Court (subject to negotiation and settlement agreement). Additionally, an uncontested divorce in other jurisdictions are often handled within the Court system and signed by a judge. In Thailand, an administrative divorce does not involve a Court or a judge.

    What if my spouse does not consent to a divorce?

    If your wife or husband does not agree to a divorce, or if you can agree to divorce but have disputes regarding financial issues, division of asserts or child custody or other issues, then a divorce may be filed with the Thai Court (provided that other requirements are met). Grounds for divorce must be proven to the satisfaction of the court and you normally must make a personal appearance in the court. In Thailand grounds for divorce include:

    * A 3 year period of separation
    * One spouse has deserted the other for over one year
    * The husband has taken another woman as his wife
    * The wife has committed adultery
    * One spouse is guilty of misconduct (criminal or otherwise)
    * One spouse has been imprisoned for more than one year
    * One spouse has physically or mentally harmed the other
    * Lack of marital support
    * One spouse has had incurable insanity for at least 3 years
    * One spouse has broken the bond of good behavior
    * One spouse has an incurable communicable disease
    * One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

    Can spouses living outside of Thailand file for a divorce in Thai Court?

    If the divorce is administrative, both parties will still need to appear at the District office to register the divorce. A contested divorce however requires a judgment from the Court. If you are now living abroad, the Thai Court may, potentially, still have jurisdiction over a divorce action under some circumstances. Therefore an attorney may still be able to file a divorce complaint on your behalf although you may not currently be located in Thailand. However, normally a plaintiff (the spouse who files the divorce complaint) must appear in person at least one time during the court process to provide testimony that establishes the grounds for the divorce.

    If you reside in Thailand but your spouse is not present or will not return to Thailand for the divorce process, you may still be able to proceed provided that he or she has received adequate notice of the divorce action. Service must be applied through a Thai court. However, if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If you spouse does not respond to a lawful service from the court, the divorce case may proceed by default.

    How are property and outstanding debts divided in the event of divorce?

    Thailand is a Community Property jurisdiction. When a couple divorce in Thailand, separate property ( sin suan tua ), namely assets and property acquired before marriage, generally remains the property of the original owner. Assets and property acquired during marriage are commonly considered community property ( Sapsin somrot ) with both spouses having equal ownership rights. The rules regarding division of property are complex and the Thai Court will divide the property according to the law and individual facts of the case.

    However, in a negotiated settlement divorcing spouses may alter their division of property normally required by the law if the divorcing couple chooses a different division of assets. Also, prenuptial agreements can alter the distribution of property during a divorce.

    Debts incurred during the marriage, whether they are household, medical, or educational, are normally the responsibility of both parties.

    Does Thailand allow �No-Fault� divorce?

    In one sense, Thailand does allow for no-fault divorce: When the divorce is consensual and registered in an administrative process at one of Thailand s District offices.

    However, not all marriages are able to be ended through the administrative process. In general, only those married couples who originally registered their marriages in Thailand may also divorce through the administrative process at District offices.

    For marriages that do not qualify for the administrative divorce process, lawful ground for divorce must be proven to the Thai courts for a divorce to be granted. Therefore, in this sense, Thailand courts do not allow for No-Fault divorce.

    What if I have a prenuptial agreement?

    Prenuptial agreements are allowed in Thailand provided they meet the procedural and substantive requirements of Thai law. A properly executed prenuptial agreement is usually considered a valid legal agreement in other international jurisdictions that accord with basic principle of fairness and due process. Procedural requirements for prenuptial agreements may be stricter in Western Common Law jurisdictions. On the other hand, many western jurisdictions have fewer requirements for approving prenuptial agreements. Thailand has its own requirements for registering a prenuptial agreement at the time of marriage. If your marriage and prenuptial agreements were executed or registered in another nation a Thai Court will normally accept the agreement if it adheres to requirements of the foreign law.

    Will my country accept a Thailand Divorce as legal?

    Normally pursuant to the legal principle of Comity Thai divorces are accepted by most if not all developed nations. (Fundamentalist Muslim nations, however, may have different requirements pursuant to Sharia law.)


    Tennessee Divorce FAQ s #chattanooga #divorce #attorneys


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    1. How long d oes it take to get a divorce in Tennessee?

    The minimum statutory waiting period for a divorce based on irreconcilable differences is 60 days after filing if there are no unmarried minor children and 90 days after filing if the couple have unmarried, minor children.
    There is no statutory minimum waiting period when fault grounds are plead. However, contested divorces generally take from 6 months to 2 years to complete because of motions, discovery, and trial. It is generally less costly and more expedient to get a divorce for irreconcilable differences.

    2. My divorce is uncon tested can one attorney handle our case to save on costs?

    My firm will not represent both parties in a divorce because it creates a conflict of interest. If both you and your spouse have agreed on everything and there is nothing else to work out, it may be possible for me to represent one party and do all of the legal work. In this case, my firm would only represent one spouse and, if the agreement broke down, I would continue to only represent that party.

    3. How much will a divo rce cost in Tennessee?

    There is no way to give an accurate estimate of how much a divorce will cost because each divorce is unique. There are two major expenses that will be part of your divorce: court costs and attorneys fees.

    Court costs vary in each county and your should check with your local clerk for charges. Generally, the fees will be between $100-$500. The cost may or may not include service of process, publication, and court costs other than the filing fee.

    Attorneys fees will vary based on the individual attorney and the complexity of the divorce. An uncontested divorce with nothing left to work out, no real property, and no minor children will cost anywhere from $150-$1500 depending on the attorney. In a contested divorce, it is more difficult to estimate fees because of the uncertainty of how much work will need to be done on the case. Most attorneys bill by the hour on contested matters and will usually require a retainer up front.

    4. What is the proc ess for getting divorced in Tennessee?

    The basic procedure for a divorce based on irreconcilable differences:

    • File for divorce with the court
    • Prepare and sign Marital Dissolution Agreement
    • Prepare a Permanent Parenting Plan if there are minor children
    • Hearing in court to determine if the agreement meets Tennessee Law
    • If the judge agrees, then a Final Divorce Decree is issued

    For a contested divorce:

    • File for divorce with the court
    • Give notice of filing to the other spouse
    • The other spouse files an Answer to the petition
    • Discovery: depositions, interrogatories, and fact finding
    • Trial
    • Final decree is issued that grants or denies divorce

    5. How is chi ld support determined in Tennessee?

    The amount of child support is usually determined by the Department of Human Services Child Support Guidelines.
    Parents may not contract away their child support obligation. Any deviation from the guidelines must have court approval.
    Tennessee guidelines are based on the Income Shares Model. The purpose of this model is to have both parents support the child at the same level as if they were living together. Under this model both parents combined income is used to determine the support needs of the child under the Tennessee Schedule of Child Support Obligations. The parents shares of the obligation are determined in proportion to their income.

    For example: If a mother s income is $2000 per month and a father s income is $3000 per month, there is a combined income of $5000 per month.
    The mother s share would be 40% and the father s share would be 60% of the total obligation.

    Once the Combined Adjusted Gross Income is determined, go to the Tennessee Schedule of Basic Child Support Guidelines to determine the monthly combined child support obligation. (This is the total amount of child support for the children from both parents).

    In our example a combined income of $5000 for a couple with two children would result in a combined amount of $1122.
    The mother s share of the support would be 40% of this, equaling $448.80.
    The father s share of the support would be 60% of this, equaling $673.20.

    The child support payment would be paid to the Primary Residential Parent by the Alternate Residential Parent. The Primary Residential Parent is generally the parent whom the children live with the majority of the time.

    In the example, if the Primary Residential Parent is the mother, she would receive $673.20 each month from the father. She would not have to pay the $448.80 to anyone, it is simply her share of the total support and used to calculate the total obligation.

    NOTE: This is only a guide to the basic concept behind the guidelines. Many variables can go into the child support calculations that are not detailed here. You should check with your attorney about your individual case and you should in no event rely on this information for calculating your individual obligation. To see the actual DHS worksheets and calculators click here.

    6. How is alimony determ ined in Tennessee?

    Tennessee has a specific statute that sets the guidelines for spousal support. Either party to the divorce may seek spousal support. The court may award support when it finds that one party is economically disadvantaged relative to the other spouse. Although other types of alimony are available, the legislature has expressed a preference that alimony for an economically disadvantaged spouse should be rehabilitative. This type of alimony awards support for a set period of time in order to rehabilitate the spouse s earning potential to a point where they are no longer disadvantaged relative to the other spouse.

    Some factors that the court will consider in awarding alimony are:

    • The earning capacity and resources of each party
    • The education level and training of each party
    • The length of the marriage
    • Each party s separate assets
    • The division of marital property
    • The ages of each party
    • Need for the primary residential parent to stay home
    • The standard of living of the couple during the marriage
    • The relative fault of each party in the divorce
    • Other contributions that each party has made to the marriage including tangible and intangible contributions
    • Other factors that are necessary to consider the equities between the parties

    7. How does the court det ermine child custody in Tennessee?

    The guiding factor for courts in custody determination is the best interest of the child. Tennessee law does not allow the court to consider the gender of the parent in awarding custody. In making an initial custody determination the court will consider all relevant factors including:

    • The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent
    • The parent s ability to instruct, inspire, and encourage the child
    • The strength, nature, and stability of the child s relationship with each parent
    • Any refusal to attend a court ordered parent education seminar
    • The disposition of each parent to provide the child with food, clothing, medical care, and education
    • The love, affection, and emotional ties existing between each parent and the child
    • The degree to which a parent has been the primary caregiver
    • The emotional needs and developmental level of the child
    • The character and physical and emotional fitness of each parent
    • The importance of continuity in the child s life
    • Evidence of abuse of the child or the other parent
    • The preference of the child if older than 12 years of age
    • Other factors that are relevant to the court

    Carmen Rojo Law Office – San Antonio Attorney For Divorce and Custody


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    EXPERIENCED SAN ANTONIO DIVORCE ATTORNEY

    San Antonio Attorney Carmen Rojo offers Free Consultations 7 Days A Week

    Divorce . Obtaining competent and reliable information from an experienced San Antonio divorce attorney should be your first priority. Legal and financial advice is important because it can move you in the direction of an easier, faster and better overall divorce experience. You must be informed and educated, develop a divorce plan or strategy, and become the manager of your own divorce case.

    The necessary requirements of a successful divorce include preparation on three different levels: mental, emotional and financial. Before you start your divorce case, before you take any affirmative action, prepare yourself and think about your case, your life and your children. Make a detailed, specific list of everything you want to achieve, including the divorce, consistent with your life goals and values, your children s best interests, your property and overall financial security.

    Contact San Antonio Divorce Lawyer Carmen Rojo Now! Free Consultations 7 Days A Week

    If you re struggling with a difficult family law situation we will protect your interests and your future. Call (210) 247-3173 or email us to schedule a free consultation with a skilled San Antonio Family Law Attorney.

    310 S Saint Mary s St Suite 920 San Antonio. Texas 78205

    Phone: (210) 247-3173 URL of Map
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    Beginning The Divorce Process In San Antonio Texas

    Ok, So you ve decided divorce is the only option and now you re wondering how a divorce begins. Step one is calling 210-243-3173 schedule your free consultation with a San Antonio Divorce Attorney at the Carmen Rojo Law Office. Even if your divorce is agreed or uncontested you should always seek out the legal representation of a San Antonio Attorney like myself that is Board Certified in Family Law by the Board of Legal Specialization.

    Only a handful of San Antonio Divorce Attorneys are Board Certified even fewer offer a legal practice dedicated to family law.

    You ll also find out or have already that most Divorce Attorneys in San Antonio charge for the initial consultation, not me. My consultations are always free I even have evening appointments.

    As a San Antonio Divorce Attorney I understand how difficult it can be to end your marriage, rest assured I will be patient answer all of your questions with as much detail possible. If you decide to retain me as your San Antonio Attorney I will stay in direct contact with you throughout the process, keeping you involved in the process is key to achieving your goals.

    From my office at 310 S St Mary’s St Suite 920 San Antonio. TX 78205 I offer free consultations Monday Sunday from 7am to 10pm.

    310 S Saint Mary s St Suite 920 San Antonio. Texas 78205

    Phone: (210) 247-3173 URL of Map
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    Representing yourself should always be your last option, so call me at 210-247-3173 begin the process of retaining a skilled Divorce Attorney.

    San Antonio Child Custody Attorney. Child Custody cases in Texas can linger for a very long time after divorce until something is established or modified through the court system. I am here to assist parents in resolving their cases fast and affordably. I can help you resolve anything from simple modifications to complicated multi-jurisdictional custody cases.

    I know how contentious child custody cases can be. We also know that the best solution is usually a decision that is agreed upon by both parents and the child. By providing you with up to date legal knowledge and the best advice possible. I can make the custody decisions much easier for you and your family to make.

    Resolve Your Child Custody Issues Call (210) 247-3173!

    If you are struggling with a difficult legal problem, Our San Antonio Attorney will protect your interests and your future. Call (210) 247-3173 or contact my office by email to schedule an appointment with a San Antonio Child Custody Attorney .

    310 S Saint Mary s St Suite 920 San Antonio. Texas 78205

    Phone: (210) 247-3173 URL of Map
    cash, check, credit card, paypal

    Attorney Carmen Rojo offers representation throughout South Texas including San Antonio. New Bruanfels. Seguin. Converse. Kirby. Leon Valley. Schertz. Universal City. Alamo Heights. Windcrest. Leon Valley. Castle Hills. Del Rio. and Cibolo .

    This website and article is published by Carmen Rojo on 2016-01-13 Find us on Google+


    Cincinnati DUI #cincinnati, #drunk #driving, #dui, #dwi, #ovi, #criminal #defense, #attorney, #lawyer,


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    Disputes, Criminal Litigation, DUI OVI DWI

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    If you would like to discuss how we can help with your legal problem, contact us anytime. We are happy to answer your questions and schedule an appointment for you to meet with an attorney. Our attorneys are conveniently serve clients in Loveland, Cincinnati, Batavia, Hamilton, Fairfield, Mason, and Clermont, Warren, Hamilton, and Butler Counties in Ohio, as well as clients in Campbell and Kenton Counties in Kentucky. We are a debt relief agency. Our attorneys help people file for bankruptcy relief under the Bankruptcy Code.
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    Litigation in Criminal, Family, Business, Personal Injury, or Probate Law

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    If you are facing foreclosures, repossessions, wage garnishments, liens, and constant calls and letters from creditors and collection agencies, we are ready to assist you. At the Law Office of James S. Arnold, we are a debt relief agency, aiding clients in filing for bankruptcy relief under the Bankruptcy Code. Contact a bankruptcy lawyer at our firm today to learn more through an honest assessment of your situation.
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    Frequently Asked Questions about Texas Divorce and Family Law #tx #divorce #laws


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    Frequently Asked Questions about Texas Divorce and Family Law

    There are approximately 75,000 divorces in Texas each year. If you re one of the couples involved in a Texas dissolution, the following FAQs may help.

    Does it matter which spouse files for the divorce

    Probably not. Except for some slight procedural advantages — the person who brings the case first gets to talk first there is usually not much advantage to filing the divorce papers.

    Do I have to prove fault of the other spouse to get a divorce?

    No. You do not have to show fault to get a divorce in Texas, but if there is fault such as adultery, for example it can sometimes be a factor in court, depending on the circumstances.

    How long will it take to finalize my divorce?

    A minimum of 60 days. Texas law requires that the couple wait 60 days after the date the divorce petition is filed to finalize the divorce. How long any individual case takes to resolve depends on many factors. Some courts require a divorce case to go to trial fairly quickly, while other courts are content to let divorce cases languish for very long periods of time.

    What is the cost of divorce?

    The cost depends on whether you and your spouse can reach an agreement regarding the property division and children, how long the case has to be litigated before that agreement is reached, whether temporary orders are necessary, whether a trial is necessary, whether discovery is conducted, and how reasonable your spouse and your spouse’s attorney are (or aren’t) throughout the process.

    Why do lawyers require up-front retainer fees?

    Short answer: to make sure they get paid. Lawyers practice law because they like the challenge and because they need to make a living. Like you, they have bills to pay, and they go to work to trade their time and expertise for compensation. They also have employees and office overhead. The retainer insures that the attorney is compensated for his or her efforts.

    Cost of a Divorce: How You Can Save $$$

    Divorce can be very expensive, espescially when you and your (soon to be ex) spouse battle over the details. You can both save a lot of money by avoiding divorce court through a mediated divorce process Learn more about this option here: Divorce Mediation .

    My ex-spouse is not paying enough child support for how much he or she makes. Can I get the amount of child support increased?

    To modify the amount of child support (either an increase or decrease in the amount ordered), one of two things must be proven in court: either (a) you show that the circumstances of the child or a person affected by the order have materially and substantially changed since the date the order was signed; or (b) it has been three years since the order was signed and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines. Most cases will fall under the three-year category, so the question of whether child support can be modified becomes primarily a question of math.

    At what age can a child decide with whom he or she wants to live?

    The court, not the child, is the ultimate judge of where the child’s primary residence will be; however, at age 12, a child can sign a “Choice of Managing Conservator.” This is a document that communicates the child’s wishes concerning primary living arrangements to the court. In conjunction with this document, a Motion to Modify must be filed with the court before the court can modify its prior order. Although the “Choice of Managing Conservator” document is very persuasive to the court, it is not binding, as the court will attempt to make a decision which is in the child’s best interest (which is not always what the child wants).

    What is common law marriage?

    There are two ways people can form a common law marriage in Texas:

    • they sign a Declaration of Marriage under section 2.402 of the Family Code (this is fairly rare); or
    • the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and represented to others that they were married.

    If you are married pursuant to common law and no longer wish to be married to your common law spouse, you will need a divorce. If a divorce from a common law marriage is not brought within two years after the parties separate, then there is a rebuttable presumption that there was no common law marriage. Note that the presumption is rebuttable, which effectively creates an informal but not an absolute statute of limitations for common law marriages.

    How is property divided in Texas?

    The starting point is that the court presumes that all the property of the marriage is community property. and if you have separate property you have to prove it by tracing it with “clear and convincing evidence.” The court divides the property in a “just and right manner.” What does this mean? In most cases, it means a 50/50 split. In other cases, factors such as unequal earning power and fault in the marital relationship can affect the division of property. There is a reported case where a 90/10% split was deemed a just and right division. This case was upheld at the appellate level.

    Can I get alimony?

    Although getting temporary spousal support (while the divorce is pending) is very common, it is unusual to get post-divorce alimony. You can get post-divorce alimony only if you qualify and an attorney s advice would be necessary.

    Do grandparents have rights in Texas?

    Although the state of the law in this area is somewhat in flux as the result of a U.S. Supreme Court decision striking down another state’s grandparent custody law, under the Texas Family Code, a grandparent can get access (limited visitation) with a grandchild in certain circumstances. Grandparent custody of a child is also allowed under the Texas Family Code if the parents consent or if the child’s present living environment presents a serious question concerning the child’s physical health or welfare.

    What is the process for an action for divorce?

    Separation. Texas does not recognize the legal concept of separation. You are “married” until a court enters a final decree. Nevertheless, you can enter into a “separation agreement” or “partition and exchange agreement.” Your actions at the separation stage can “point” the case to the final outcome.

    Original Petition for Divorce. The divorce process starts by filing a document entitled “Original Petition for Divorce.” That document informs the court that a divorce is sought, of any grounds the party may have, and what the party wants the court to award in regard to property and children. Concurrently with the filing of the Original Petition, a party may ask for temporary orders, temporary restraining orders, and/or a protective order.

    Temporary Orders. Temporary orders are orders issued by the court to place immediate controls upon the relationship of the parties, the parties’ financial affairs, child custody, and financial support while the divorce is pending.

    Mediation. Mediation is a process where both parties meet in a neutral setting to discuss their differences and attempt to resolve the case.

    Discovery. “Discovery” is a broad general term for a number of legal devices designed to gather information. Discovery is sometimes an informal process of exchanging documents or information between the parties’ attorneys.

    Trial. If the case cannot be settled, then it will be set for trial. Often, in addition to the pre-temporary orders and mediation, a second mediation will be ordered prior to a final trial. Trial is often expensive, stressful, and risky. A trial can be before the court or before a jury upon request.

    Post-Trial / Final Decree. Whether there is a settlement agreement or a trial, at the conclusion of the case a Final Decree of Divorce is drafted. This document spells out who gets what property, where the primary residence of the children will be, how much child support will be paid, and how various child-rearing decisions will be made in the future. The court’s orders in the Final Decree of Divorce can in some circumstances be modified in the future.

    Appeal. If there has been a procedural error in the trial, or if the ruling of the court was not equitable or not in the best interests of the children, you may file a motion for new trial, or begin an appeal within a very limited period of time.

    Get Informed About Texas Divorce

    If you are thinking about geting divorced in Texas, or are already in the midst of a divorce, empower yourself with the information you need. Check out our section on Divorce Family Laws in Texas .

    If you need legal advice about your case, you’ll want to find a Texas Divorce Lawyer.


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    Fort Worth, Texas Divorce and Custody Attorneys

    We are a husband and wife family law firm located in Fort Worth, Texas and trusted by divorce, child custody and CPS clients throughout Tarrant County. Schreier Housewirth isn’t just our law practice—it’s our family business.

  • Family law is all we do, and we’ve been doing it for 25 years. Clients turn to us not just for our legal knowledge, but our ability to recommend the right move at the right time based upon our legal experience.

  • We use a straightforward approach to divorce and child custody cases: negotiating when we can and fighting when we should. This direct approach provides better value for our clients and puts justice within reach for nearly everyone.

  • We respect the trust our clients place in us – we work hard every day to protect their interests. For 25 years, we’ve been there for our clients. We’ll be there for you, too.
    —Greg Housewirth and Holly Schreier

    We are husband and wife Fort Worth divorce attorneys, skillfully representing divorce, custody and CPS clients throughout Dallas/Fort Worth. Schreier Housewirth isn’t just our law practice—it’s our family business.Family law is all we do, and we’ve been doing it for 25 years. Clients turn to us not just for our legal knowledge, but our ability to recommend the right move at the right time based upon our experience.We use a straightforward approach to divorce and child custody cases, negotiating when we can and fighting when we should. This direct approach provides better value for our clients and puts justice within reach for nearly everyone.

    Schreier and Housewirth have always been straightforward and honest. genuinely good and compassionate human beings.

  • Greg and Holly represented my husband and myself in a child custody case. they wisely counseled us and the result was good.

  • They were direct and caring, and got to know my heart and love and that the court needed to see a true picture of who I really was.

  • Greg and Holly made the process clear and seamless, explaining each step of the process, clarifying and offering realistic expectations.

  • They always made time for me and made sure I was aware of the status of my case. No lawyer could have represented me better.


  • South Pasadena Man Suspected of Killing 5-Year-Old Son Returns to L, divorce


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    South Pasadena Man Suspected of Killing 5-Year-Old Son Returns to L.A. County After Arrest in Las Vegas

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    A South Pasadena man suspected of killing his 5-year-old son arrived in Los Angeles County Friday to face a murder charge, though the child’s body still has not been found.

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    Aramazd Andressian Sr. gets off a sheriff’s plane at Long Beach Airport on June 30, 2017. (Credit: KTLA)

    Aramazd Andressian Sr., 35, was arrested last week in Las Vegas, where investigators said he was “socializing” instead of looking for his missing son.

    He arrived at Long Beach Airport midday Friday and is expected to be booked into jail locally.

    Since his arrest June 23, Andressian Sr. has been held in Las Vegas police custody on $10 million bail. On Tuesday, he appeared in court in Nevada and waived his right to an extradition hearing, smiling and joking with the judge.

    He is suspected of killing his son, Aramazd “Piqui” Andressian Jr., some time during a 6 1/2-hour unaccounted period after the pair left Disneyland early Friday, April 21.

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    Missing 5-year-old Aramazd Andressian Jr. is seen in family photos released April 24, 2017, by L.A. County sheriff’s officials.

    The boy’s mother, Ana Estevez, who was getting a divorce from the child’s father, reported her son missing the following Saturday morning, when the pair failed to show up for a planned custody exchange in San Marino.

    On Monday, an L.A. County sheriff’s homicide lieutenant said investigators have evidence leading them to believe the child’s killing was “pre-planned” and motived by the parent’s “tumultuous divorce.”

    The boy’s father was found unconscious next to his BMW at Arroyo Park in South Pasadena on the morning the child was reported missing. The car was doused in gasoline and Andressian Sr. had taken prescription drugs, according to sheriff’s investigators. He then gave conflicting information about his son’s whereabouts, and a search of the park turned up nothing.

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    Aramazd Andressian appears in a Las Vegas courtroom on June 27, 2017. (Credit: KTLA)

    Detectives later repeatedly searched the Lake Cachuma area in Santa Barbara County, where Andressian had gone after Disneyland. They found no evidence the boy was ever there, but investigators plan to return to the area, hoping to narrow their search area.

    Andressian Sr. was arrested because he was a flight risk, authorities said. L.A. County District Attorney Jackie Lacey described the criminal filing against him as a “no-body murder charge.”

    Andressian Sr. is expected to be arraigned Monday at the Los Angeles County Superior Court.

    He faces a possible maximum sentence of 25 years to life in state prison if convicted.