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Houston Divorce Law Blog

Tackling the "liability" of marital property after divorce

Whether a divorcing couple brings in a substantial income or whether they are just getting by, one of the biggest sources of distress can be the family home. Even the most modest of homes can hold the majority of a couple's assets; thus property division can be one of the most stressful aspects of ending a marriage in Texas.

One of the more complicated elements in property division is how to deal with an existing home during the divorce. Often one spouse will want to move out, or one or both spouses will want to relinquish their interest in the property in order to move on. It's helpful to know that while a divorce decree can give the home to one spouse or the other in some cases, there are likely extra steps that need to be taken in order to remove the home as a liability under their name.

High-profile, Texas-based celebs announce their own divorce

One of the most difficult types of divorce is the one no one saw coming. When a divorce occurs between two people whom everyone else thought were supremely happy all along, the legal issues that arise can be just as complicated as those which occur between two antagonistic spouses.

Death, divorce & debt may be linked in community property states

Most of the 50 states are not community property states. However, the nine states that do bear this distinction, including Texas, are unique when it comes to the issue of a former spouse's death. No matter at what age a Houston resident divorces, he or she could potentially have to confront a deceased spouse's debt long after the end of their marriage.

Prenuptial agreements may be more solid if planned in advance

Texas couples headed towards the altar have a host of preparations to make, especially now with wedding season in full swing. Whether marrying for the first, second or even third time, though, many couples may be considering the benefits of a prenuptial agreement.

How to avoid the most common high asset divorce blunders

Amassing wealth, or creating it, is very different from holding onto it. Some wealthy Texas couples find that building up a business or growing a lucrative career is relatively easy compared to obtaining a fair divorce settlement. Still, like business magnates or entrepreneurs, those going through a high asset divorce can benefit from learning by example.

Panicked cash withdrawals likely to thwart, not speed, a divorce

When a Houston resident swings through the ATM line at the bank drive-through, they often see an option for "quick cash" on the menu. While there's a time and place for such an option, complex legal situations are generally not among them.

Trendy, celeb-inspired term inspires larger divorce trend

Love them or hate them, it can't be denied that celebrities tend to inspire pop culture with trendy buzzwords or phrases. One of the most recent examples involves actress Gwyneth Paltrow and musician Chris Martin, whose divorce has sparked the term "conscious uncoupling."

Once the term entered the pop culture stratosphere, it took off as a way to describe a peaceful, rather than antagonistic, end of a marriage. Not surprisingly, then, the term is now associated with divorce mediation. In mediation, which is available to divorcing couples in Texas, decisions are made with the whole family in mind, rather than with one spouse's interests pitted against the other. Mediation seems to be increasingly popular, as today fewer than 5 percent of divorces actually proceed to a trial stage.

New documentary shines light on adversarial divorces

Any Houston resident who has been through a contentious divorce is likely to warn their friends and family against drawn-out disputes. However, very few people begin the divorce process anticipating major conflict. In many cases, parties may even initially make informal agreements on many matters, both significant and minor. Still, as the process gets moving and details are finalized, original agreements may morph into major disagreements, making many wish they had known about collaborative law earlier.

One director wants to highlight the pitfalls of extremely adversarial divorces; his new documentary is called Divorce Corp. The director notes how getting married can be quite inexpensive, but a divorce generally costs more. A disputed divorce's costs can quickly get out of hand for both spouses. The director traces the roots of the adversarial system, in which each side essentially argues their position, to a system used by English royalty in years past. Instead of arguing in front of the king, the director observes, spouses now argue in front of a judge.

TV host's situation shows link between prenups and custody

Either married or divorced, many Texas residents are likely to have a host of preconceptions about prenuptial agreements. One of the most pertinent mistaken beliefs about prenups is that they only cover matters pertaining to property division. Indeed, while prenuptial agreements are invaluable when it comes to asset division, their contents can affect a family unit beyond just assets and liabilities.

Many Houston residents who watch The View may already know that one of the popular hosts of that show, Sherri Shepherd, is currently engaged in a complicated child custody battle with her husband. The pair tied the knot in 2011 and are currently expecting a baby via surrogate. However, the husband recently filed for legal separation; a short time later, Shepherd filed for divorce. Her estranged spouse initially sought custody of the unborn child, but the pair's prenuptial agreement sheds some important light on the subject.

Understanding the Texas rules on property division

From movies to tabloids, from television shows to neighborhood gossip, there are countless sources of the myths that surround divorce. Particularly when it comes to property division, myths abound and can scare divorcing spouses into feeling threatened, even paranoid. Since it is so important for spouses to keep a level head during a stressful time, addressing the myths of Texas property division may make Houston spouses breathe a little easier.

First, it is worth noting that the Texas system of community property is not as simplistic as this type of system is sometimes portrayed. Some believe that in a community property state, marital property is just split right down the middle, with each spouse getting exactly half of all marital property.

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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