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Houston Divorce Law Blog

How is alimony determined?

Most Houston area couples believe that their marriage will stand the test of time. But statistics show that a large number will end. In the event of a divorce, a spouse may wonder whether or not they will be awarded spousal support if he or she requests alimony.

How is alimony determined? Alimony is usually awarded to help eliminate any economic advantages that one spouse may have. Many couples have one spouse who makes significantly more money than the other, so alimony is a way to make the discrepancy fairer in the event of a divorce. Many times, one spouse stays at home to take care of the family so alimony is often awarded in order for that spouse to have the time to gain job skills or to keep the lifestyle they had during the marriage.

A prenuptial agreement often makes sense

With wedding season in full effect in the Houston area, the last thing future brides and grooms want to think about is the possibility of their marriage not making it. But for many marriages, divorce does occur. And even just talking about financial issues can be a great way for couples to start out their new lives. A prenuptial agreement is one way for couples to protect their assets before marriage.

There are many reasons for couples to consider having a prenuptial agreement. One reason is if one partner owns their own business. Another reason is if in the future there is a pay gap that is expected to occur, such as one parent staying home with the children or if one partner is going back to school.

Federal employees going through divorce

As many Houston area residents know, federal government employees often have generous retirement benefits. For those residents going through a divorce, it is critical to know how those retirement accounts and other federal benefits can be handled by the court system.

There are different ways that a federal employee's retirement benefits can be handled in a divorce. The court can award a percentage to the ex-spouse to divide the property or they can also award benefits to the children.

Does a prenuptial agreement with an infidelity clause make sense?

Newly engaged Houston couples are most likely ecstatic about their future with the love of their life. The thrill of planning the wedding and thinking about growing old with someone is thrilling. But the reality is that many marriages still end in divorce. A prenuptial agreement makes sense for a lot of couples and adding in an infidelity clause is becoming increasingly popular.

A prenuptial agreement is usually drafted to offer asset protection to each person before they get married, protecting each spouse in the event of a divorce. But besides financial protection, prenuptial agreements can also offer protection as the result of a person's behavior.

Money mistakes made in a divorce situation

The end of a marriage is an extremely emotional situation for couples in Houston. Although many couples will find themselves facing divorce, it can still be a traumatic experience for everyone. Financial issues are typically some of the most important matters that a couple deals with, however, if couples do not pay an appropriate amount of attention, many mistakes could be made.

One financial mistake that can be made in a divorce is assuming that the divorce attorney is a financial expert. While the family law attorney is an expert when it comes to legal issues one could face during the divorce, it is often best to consult with a financial planning expert who can give sound financial advice.

How are pets handled in a divorce?

Many Houston residents enjoy having a pet. According to the American Veterinary Medical Association, 44 percent of Texas residents own a dog. In the United States, 62 percent of households have at least one pet. Pets are beloved family members that often get mixed up in a divorce settlement. So how are pets handled in a divorce?

There is a good chance that a couple going through a divorce has a pet. In some cases one spouse is more attached to the animal, which makes it easy to decide who gets to keep it. Or one spouse may be moving to a place that doesn't allow animals. There are times that both spouses want to keep the animal, which can result in a traumatizing situation.

In a divorce situation, financial affidavits are important

In Houston divorce situations, financial matters are almost always at the center of disputes. Many times, couples disagree about financial issues and a divorce just heightens the emotions. Financial affidavits are critical in a divorce because of the scrutiny financial information goes through.

A financial affidavit is a document that each person submits in a divorce listing exactly what is owned and what is owed. It also lists what a person earns and how much money is spent on expenses. It is incredibly important that this document be complete with all information, as this is the document that determines alimony and child support payments. The final divorce settlement often depends on the information contained in this document as well.

Five reasons you may want a prenuptial agreement

Newly engaged couples in Houston are usually giddy with excitement over their upcoming marriage. Along with planning the ceremony, reception, what everyone's going to wear, and where the honeymoon will be, couples should also sit down and focus on financial matters. Financial discord is one of the top reasons couples get divorced, so sorting out important matters before marriage can help. A prenuptial agreement is one way that couples can settle important financial details and ensure a layer of protection for themselves and their marriage.

One situation where a prenuptial agreement may be right is when one person owns his or her own business. A business owner may want to specify what happens to the business in the event of a divorce, or he or she can use a prenuptial agreement to protect intellectual property.

How real estate is handled in a Texas divorce

Couples who are going through a divorce in the Houston area know that real estate is one of the biggest assets a couple may have. Property division is a large part of divorce and for a spouse's future after the divorce. It is therefore critically important to know how real estate is handled in a Texas divorce.

Since Texas is a community property state, real estate that was purchased during the marriage is generally divisible during the divorce settlement. In order to fairly divide the property there are a number of things that should be done. First, the value of the property needs to be determined. This process can start by comparing the real estate to comparable property sales. A real estate appraiser may be of help, as he or she can research the property and comparable nearby sales to determine the value. The appraiser should be knowledgeable in the market where the real estate is situated since each market is different and local conditions may affect value. Also, unique features of the home should be evaluated by the appraiser to reach an accurate assessment.

Mediation and domestic violence in a Texas divorce

There may come a time in a Texas divorce where the court sends the parties to mediation. For many couples, mediation is a less stressful and less costly alternative to litigation. It is supposed to be a safe process for couples to hash out their differences and come to an agreement regarding a variety of divorce issues. However, what does Texas state law have to say about mediation when one of the parties involved is the victim of domestic violence?

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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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