Once you have decided to get a divorce, another very important decision awaits you and your spouse: which path are you going to take to secure that divorce? This may surprise you, but in Texas, you have a choice in how you get divorced. However, how you get divorced can be more important, or at least just as important, as your decision to seek divorce in the first place. So, I will be outlining … [Read more...]
Divorce Planning
Divorce planning involves consideration of a wide range of issues including parenting and child custody (when children are involved), and often very complex financial matters. We provide expertise in identifying all the issues that need to be discussed and resolved between the parties in such a way that communication is enhanced and better decisions for all can be reached in the process.
We have created a number of articles addressing many of these topics and offer them for your consideration to assist you in preparing for the sometimes lengthy process of preparing for the divorce.
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What happens to the family home in a divorce?
The question of what happens to the house in a divorce requires careful consideration. In my experience, this issue is often clouded by emotions that can get in the way of the couple, or one spouse, making the best financial decision. I advise clients to set aside emotions and consider all the significant, interrelated factors before they decide on what happens to the house. Consider the … [Read more...]
Research and reflect on divorce before you file
Still considering divorce, but not yet ready to file? In my experience, the most prepared couples who divorce, have reflected on the decision over many months or even years. So, if you find yourself thinking about divorce, know that you are not alone. Yet, also realize that being stuck in between is nowhere to be either. Here are some questions from a psychotherapist to ask yourself if you are … [Read more...]
Looking for clues of bad behavior during divorce (part two)
In part one of our blog post with this headline, we discussed a variety of red flags to look for during the divorce process that may indicate a spouse is behaving badly. We also offered tips to better protect yourself against such behavior, as well as how to educate yourself about the divorce process and what to expect. In this blog post, we will take our examination of bad behavior during … [Read more...]
How to Reduce the Stress of Divorce During the Holidays
Being surrounded by holiday cheer and high spirits can make things that much more difficult for people suffering through marital problems, even divorce, during the holidays. Such couples would benefit from any kind of support, but that can prove to be quite elusive at this time of year. For one thing, the desire to spare others from the trauma they themselves are undergoing adds pressure to an … [Read more...]
Pension Lump Sum Versus Lifetime Annuity
You may find yourself with a decision to make after the dust has settled on your divorce. You’ve ended up with a pension from your ex-spouse. The Qualified Domestic Relations Order will instruct the spouse’s employer to carve out your portion of the pension and place it in an account in your own name. You’ll be able to access the pension based on your own date of birth, although you will have to … [Read more...]
Bankruptcy and Divorce
Individuals considering both bankruptcy and divorce have additional planning issues to consider. Which should be done first? Can we arrange our asset division to protect assets following divorce? Which assets can be discharged and which must be paid? Can income taxes be discharged? There are two ways for individuals to file for bankruptcy: Chapter 7 or Chapter 13. Chapter 7 requires … [Read more...]
Should You Buy a House Before the Divorce is Final?
Some of us don’t have the option of buying a home during the process of divorce. Financial constraints prevent us from doing so. But, for the fortunate few who have the resources and can afford the down payment, mortgage payments, property taxes and upkeep, careful thought should be given to the decision. Best Advice — Refrain from Making Big Financial Decisions This stressful period during the … [Read more...]
Divorce with Children
by Amy G. Fearnow, J.D. When you divorce with children in Texas, child support will be a primary area of concern. Child support in Texas is determined by guidelines established in the Texas Family Code. When the obligor (or person paying child support) has monthly net revenues of $7500 or less, the court will presumptively apply the schedule listed below. In the case where the obligor has more … [Read more...]
QDROs – How ERISA Protects the Non-Employee
Good News for the Lower Earning Spouse There is good news for the lower-earning spouse who is worried about receiving her share of the 401k or pension. Thanks to ERISA, special rules exist and eliminate an ex-spouse from standing in the way of receipt. The use of the qualified domestic relations order (QDRO) is based on federal law under ERISA (Employee Retirement Income Security Act) which gives … [Read more...]