Clients frequently ask McKinney family lawyers whether Texas is a “mother state” or “father state” when it comes to issues like custody, visitation, and child support. Fathers, in particular, are worried about what rights they have and what they need to do to enforce those rights.

If you’re in the middle of the divorce process with a narcissist or other self-centered, manipulative personality type, you know how frustrating the communication process can be. Even after divorce, you may find it incredibly difficult to deal with issues such as child care or mutual debts that require contact with your ex.

Even though tax laws change, one constant feature is that parents can usually obtain some form of financial benefit when they are able to claim a minor child as a dependent on their tax return. After parents divorce, one question a McKinney child custody lawyer often receives is “can we both claim the tax benefits?” Parents also usually want to know whether the tax benefits are based on custody arrangements.

An award of spousal maintenance unofficially referred to by McKinney divorce lawyers as alimony can be affected by many factors. Is cheating one of them? For example, do you still have to pay support to an ex who committed adultery? Or if you started seeing someone after your separation, will that be counted against you? McKinney divorce lawyers explain how extra-marital relationships could affect a court’s determination regarding alimony, property division, and more.

The results of a paternity test can drastically change family dynamics or have virtually no effect at all, depending on the situation. But what are the legal ramifications? Seasoned McKinney family lawyers explain the consequences of establishing paternity in Texas.

We’ve all seen scenes in movies where an attorney in a black suit reads a will aloud to family members waiting anxiously to learn what property they have inherited. Wills can provide a way to distribute property in minute detail. But they can also fulfill a function that is even more important. You can use a will to direct and protect the future of your minor children. If you have children under the age of 18 or plan to have children in the future, it is a good idea to talk to a McKinney will attorney about incorporating guardianship provisions in your will. 

Allen family lawyers often talk to divorced or separated parents who are uncertain about whether they need permission from their ex to take their child on vacation. Unfortunately, there is no simple answer to this question because many factors affect the legal rights and requirements of the parties involved.

In Texas, couples can get married without the formality of any type of ceremony. This is known as common law marriage or informal marriage. Although many states do not allow residents to marry without formalities the way Texas does, common law marriages formed in Texas are recognized in all other states.

Whether for work, family ties, or just a change of scenery, one partner often decides to move out of the area after a divorce. When parents of a child were never married to begin with, the likelihood that one parent will relocate may be even greater.

Divorce is not easy at any stage in life, but couples divorcing over the age of 50 face some concerns and potential problems that are often not as relevant for younger couples. While there used to be a tendency for older couples with irreconcilable differences to remain married and miserable, now these couples often choose to divorce and move forward with their lives independently.

Sometimes they do it intentionally, but many times divorcing parents are not really aware when it’s happening. Parental alienation is all too common in McKinney divorce cases. One or both parents say and do things to damage their child’s relationship with the other parent.

Back when a woman’s “place” was supposed to be in the home, it was clear that Texas judges favored mothers when it came to child custody decisions. Today, however, fathers are not only more likely to play an active role in their children’s lives, but also to be stay-at-home parents with primary caregiving responsibilities. Laws have changed to reflect changes in society. But when all is said and done, does Texas still favor mothers in divorce cases? An Allen child custody lawyer reviews the impact of legal changes.

Texas courts always strive to make custody decisions that are in the best interest of the child involved. They also usually operate under a presumption that a child benefits from regular contact with both parents. For those reasons, an Allen child custody lawyer can never guarantee that a parent will be granted sole custody. However, there are ways to demonstrate to the court that it is in a child's best interest to award physical or legal custody to a particular parent or to terminate the other parent’s rights.

The sudden closures and lifestyle changes that took the world by surprise at the start of the COVID-19 pandemic forced some new procedures in child custody arrangements that are now becoming standard in McKinney and elsewhere throughout the state. Some of these changes can be helpful in any environment, while others may be more useful during times of restriction caused by current or future health concerns, weather issues, or other emergency situations.

While summer vacation is eagerly anticipated by kids, their parents often dread the months away from the regular school schedule. This can be especially true for parents who are separated or divorced.

The COVID-19 pandemic has added layers of stress and uncertainty to the already challenging process of handling divorce and other family law issues in McKinney. Child custody, valuing and dividing property, and even divorce procedures are just a few of the factors affected by COVID concerns and shutdowns.

The COVID crisis did not turn people into domestic abusers. However, the lockdowns that forced families to remain together without a break fostered conditions that made domestic violence situations even more unbearable.

When you talk about divorce in McKinney, people will often tell you that because Texas is a “community property” state, it means that absolutely everything both spouses own is shared jointly. However, that is simply not true. Property that is classified as “separate” remains yours alone after the marriage.

Text messaging is notorious for causing problems for divorcing couples. In fact, for years, attorneys advised clients not to text their ex at all before, during, and even after divorce proceedings.

All across the Internet, lawyers and therapists are singing the praises of uncontested or collaborative divorce where parties settle all terms in advance and the court essentially rubber-stamps the final paperwork. While this arrangement may work well for some couples, others would benefit tremendously by having their full case decided by a judge in court. Allen divorce lawyers explain why the opportunities presented in litigation may be right for your divorce.

Whether you are dividing property yourselves as part of a collaborative divorce or expect the court to allocate assets during a contested divorce, you need to have an accurate picture of your joint assets to reach a fair division of property. Are there assets you or your spouse may have forgotten? And what if your spouse is trying to hide assets?

If you are thinking about getting a divorce in 2021, there is no getting around the fact that you will need to familiarize yourself with Texas’ divorce laws. While you do not need to understand all of the intricacies of Texas’ divorce laws in detail, you do need to have at least a basic understanding of the fundamental principles that will govern both the process and the outcome of your divorce. Here, McKinney divorce lawyer J. Ryan Nordhaus provides an introduction to what you need to know:

When you got divorced, the judge issued an order requiring your spouse to pay alimony and child support. But, despite the judge’s order, your former spouse has stopped paying, and now you cannot afford to pay for your child-related expenses, and you cannot pay your bills when they come due. What are your legal rights, and what can a McKinney family lawyer do to help?

As 2020 draws to a close, we look ahead to 2021 with both hope and uncertainty. While experts are anticipating a return to normal (or at least near-normal) at some point during the new year, many of the challenges that arose during 2020 are likely to continue well into the foreseeable future.

Co-parenting is a post-divorce parenting arrangement in which both parents continue to jointly play a role in their children’s lives. From attending games and recitals to celebrating birthdays and holidays, co-parenting allows both parents to be a part of as much of their children’s lives as possible.

With everything else going on in 2020, it is easy to overlook the fact that the holiday season is upon us. But, while this holiday season will be unlike any other, it is still important for families to take time to give thanks, celebrate together and do their best to get some much-needed rest and relaxation.

If you have decided that you no longer want to be married, you have two potential options for bringing your marriage to an end: If your circumstances permit, you can file for an annulment. If you are not eligible to file for an annulment under Texas law, then you will need to file for a divorce. Here, our McKinney family lawyers explain the differences between annulments and divorces and provide an overview of the circumstances in which each of these options is available.

These days, it is easier than ever to get divorced. In fact, you can even do it online. Right? Unfortunately, while this is what some document preparation companies would like you to believe, the reality is that getting divorced is still a formal legal process that requires careful planning and a thorough understanding of the laws that apply. And, no, you cannot actually get a divorce online.

When you get divorced in Texas, as part of the process you and your spouse will be required to divide your community property. You may also have to pay spousal support (or alimony); and, if you have children, you will be required to continue to support your children in accordance with the Texas Child Support Guidelines (or other applicable law). While getting divorced inherently involves compromise, it is important not to give up more than your fair share. So, how can you avoid giving away too much in your divorce?

As a licensed professional, getting divorced presents some unique financial and property-related considerations. If you have children, you will need to think carefully about how best to pursue your desired post-divorce parenting rights as well. In order to make informed decisions, you will need to rely on the advice of experienced counsel, and we encourage you to schedule an initial consultation with one of our McKinney divorce lawyers to discuss your personal circumstances in confidence.

When you get divorced in Texas, your “separate property” is yours to keep, while your “community property” is subject to division. All of your assets will fall into one of these two categories (or partially fall into both)—including digital assets that you acquired before and during your marriage. In order to protect your digital assets during your divorce, it will be important to work with a McKinney family lawyer who is experienced in handling these types of matters.

For many people, the economic impacts of the COVID-19 crisis have resulted in less hours at work, reduced pay and lost jobs. For those who have alimony and child support obligations, this can present particular challenges. In addition to paying for their housing, utilities, gas and other daily living expenses, former spouses who owe alimony and child support must find a way to satisfy these additional obligations as well. This is a scenario our McKinney family lawyers are seeing with increasing frequency during the pandemic.

While the COVID-19 crisis has put many aspects of life on hold, it has also created an enormous amount of new stress for many families. From spending months on end in close quarters to dealing with financial strain caused by business closures and job losses, the COVID-19 crisis has negatively impacted couples in Texas in many different ways. If you were considering a divorce before the crisis began, or if the crisis has forced you to reexamine your marriage, we encourage you to speak with one of our McKinney divorce lawyers about your situation.

Most people who consider asking their fiancé to sign a premarital agreement do so for one primary reason: They have substantial assets that they want to protect in the event of a divorce. While this is a completely valid reason to broach the subject of signing a “prenup,” there are a number of other reasons to consider a premarital agreement as well – and many of these other reasons apply equally to both soon-to-be-spouses.

If you have decided to divorce, one of the first major steps in the process will be to inform your spouse of your decision. This is usually done in one of two ways: (i) by serving your spouse with divorce papers, or (ii) with a conversation that begins, “We need to talk.”

Child support and custody issues present unique challenges and require careful consideration in light of each family’s unique circumstances. The children’s best interests must always be the top priority; however, getting both parents to agree what is “best” can sometimes be easier said than done, and there are statutory guidelines that must be followed in all child support and custody matters.

Whether you are a mother, you believe you are a child’s father or you need to disprove that you have a biological relationship with a child, establishing paternity is important for a variety of different reasons. While a child born naturally to a husband and wife is presumed to be the husband’s biological child in Texas, in all other circumstances, establishing paternity requires additional legal steps. This could be as simple as filing an Acknowledgement of Paternity (if everyone is in agreement on the child’s paternity), or as complicated as going through a contested paternity proceeding in Texas state court.

While getting divorced is a legal process, most divorces do not actually go through the courts. In most cases, divorcing spouses are able to come to terms without asking a judge to make decisions for them, and then finalizing their divorce is simply a matter of obtaining the court’s stamp of approval.

When going through a divorce, in addition to devoting the necessary time and attention to the divorce process, it is also important to consider how your divorce impacts your estate plan. In Texas, getting divorced automatically impacts certain aspects of your estate plan, but not others, and these automatic impacts will not necessarily reflect your final wishes.

Getting divorced involves several issues, some of which are more complicated than others, but all of which require your attention during the process. While most people are familiar with the main issues involved in the divorce process (i.e. dividing marital assets and establishing child support and child custody), in McKinney divorce lawyers’ experience, there are a number of issues that spouses tend to overlook as well.

If you are considering a divorce, one of your first major steps will be to sit down with a divorce lawyer to discuss your personal situation and the options you have available. To get the most out of this initial consultation, there are some useful steps you can take to prepare. While these steps are by no means mandatory, the more information you can bring to the table, the more personalized advice your attorney will be able to give you about your divorce.

It’s official: If you live in Texas and you are planning to file for divorce, your divorce will not be final until sometime in 2020. Texas currently has a 60-day waiting period (or “cooling off”) period for getting divorced from the time of the initial divorce filing. So, if don’t file on or before November 1, your marriage will last into the coming year.

According to an article published by USA Today, January has been unofficially designated as “Divorce Month.” Data from various sources indicate that divorce rates in the United States peak in January and August – just after the winter holiday season and summer break.

Like most states, Texas law requires custody determinations to be based on the best interest of the child. While this seems like a broad and somewhat vague standard, there are specific factors the court will likely consider, including parental ability, the physical and emotional needs of the child now and in the future, and programs available to assist the parent and the children. As McKinney child custody attorneys, we are experienced in handling complex custody matters and advising our clients how to establish each of the factors the court will consider in determining custody.

The legal right of a non-custodial parent to spend time with his or her children and to now their whereabouts are commonly referred to as “access and visitation” or “possession.” As McKinney family lawyers, we are experienced in helping our clients to understand their parental rights and duties. 

A postnuptial (or postmarital) agreement is essentially the same as a prenuptial agreement, except that you and your spouse enter into it after you have already gotten married, rather than before. Postnuptial agreements, also known as partition agreements, allow spouses to specify how they will divide their money and property in the event of a divorce. Texas is among the states that recognizes the legal enforceability of postnuptial agreements. As McKinney divorce attorneys, we are experienced in assisting our clients with the preparation of postnuptial agreements, to ensure that they are legally enforceable, address all ancillary issues, such as creditors’ rights and estate planning considerations, and meet your family’s immediate and long-term needs.

The legal right of a non-custodial parent to spend time with his or her children and to now their whereabouts are commonly referred to as “access and visitation” or “possession.” As McKinney family lawyers, we are experienced in helping our clients to understand their parental rights and duties. 

Following a divorce, your circumstances or those of your ex-spouse are likely to change over time, whether financially or personally.  Fortunately, Texas law allows the parties to a divorce to seek modification of the terms of the divorce.  As McKinney divorce attorneys, we are experienced in assisting our clients with post-divorce modification relating to income and financial needs, child custody, as well as enforcement issues.  Here are the basics of post-divorce modification in Texas.

As McKinney family attorneys, we stay up-to-date on developments and trends in family law that impact our clients.  Two significant developments in Texas family law came from the Supreme Court in 2018.  First, the Court applied a broad definition of “actual care and control” over a child,  thereby making it easier for a nonparent, such as a grandparent or step-parent, to sue for custody.  Second, the court reinforced the binding nature of premarital agreements.

When preparing for a divorce, one of the first steps in the process is to familiarize yourself with the terminology involved. During your divorce, you will likely become intimately familiar with a number of terms that you don’t know now. Clearly understanding these terms will be important to making informed decisions; and, while your divorce lawyer can explain everything you need to know, many people find it helpful to familiarize themselves with some of the key terms prior to their initial consultation.

So, you have decided to file for divorce. You are ready for your marriage to be over, you want to put the past behind you, and you are excited for your new life to begin. This checklist will help you get the process started:

In Texas, if you are ready to get divorced, you have the option to file on either fault-based or no-fault grounds. Cheating is considered a form of “marital fault” in Texas, and Section 6.003 of the Texas Family Code provides that, “[t]he court may grant a divorce in favor of one spouse if the other spouse has committed adultery.”

In the approximately three-and-a-half years since the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, many same-sex couples have used the Supreme Court’s proclamation of equal rights to bring their marriages to an end in Texas. While gay and lesbian couples continue to face some unique challenges, when it comes to getting divorced, the core legal principles apply equally to spouses seeking to end same-sex and opposite-sex marriages. If you are thinking about filing for a same-sex divorce in Texas in 2019, here is a list of the key legal issues you will need to consider:

In Texas, as in most states, the law presumes that it is in a child’s best interests to be raised by both parents, at least in a limited capacity. However, in appropriate cases, the Texas courts will take away parents’ custody rights. As in all child custody matters, the key focus is on protecting the “best interests” of the child involved.

As 2018 comes to a close, we thought we would take the time to revisit some of our articles from earlier in the year. The following are 10 articles we published on our blog discussing topics related to filing for divorce in Texas.

When going through a divorce, one of your primary goals should be to ensure that you will have adequate financial resources to support yourself and your children once your marriage is over. For many divorcing spouses (both parents and non-parents), a key financial consideration during the divorce process is health insurance. While health insurance is something that some divorcing spouses are lucky enough to take for granted, for others, ensuring access to coverage can be a critical component of a successful outcome.

For many married couples, getting divorced is an amicable process that involves working together to reach a mutually-agreeable resolution. While the spouses may have their differences, they share the same ultimate goal of ending their marriage as quickly and inexpensively as possible, and this goal can be a powerful motivator when it comes to negotiating in good faith and with an eye toward the future.

When going through a divorce, acknowledging and addressing the various tax implications involved in the process can result in significant savings for both spouses while also opening up more opportunities for compromise during settlement negotiations. Although often overlooked, there are numerous ways in which a divorce can trigger tax liability or tax-savings opportunities, and understanding all of the various tax implications of your divorce is critical to avoiding unnecessary tax liability.

If you are over the age of 65 and you have decided to bring your marriage to an end, it will be important to carefully assess the unique factors involved in getting divorced as a senior citizen. While many aspects of the divorce process are the same regardless of your age, wealth and retirement status, there are some unique considerations involved in getting a divorce in your later years.

If you have decided to for divorce in 2018, there is a lot you need to know. Here are 10 key considerations to help you begin your preparations.

As a parent, ensuring that you will be able to spend time with your children is one of the most important aspects of the divorce process. But, as a father, it can seem like the odds are stacked against you. Custody laws have traditionally favored granting primary custody to a child’s mother; and, from child support to spousal maintenance, you may be wondering how you will be able to afford to make lasting memories during the little visitation time you have.

Even at the earliest stages of preparing for a divorce, it is important to think about what the future has in store. Once you have decided to end your marriage, getting divorced is simply a means to an end, and you need to approach your divorce as your one chance to preserve your current lifestyle to the greatest extent possible.

When going through a divorce with children, answering your children’s questions can be one of the most difficult parts of the process. You want to provide them with truthful answers and help them establish reasonable expectations, but you also want to make sure they are not involved in the process any more than is absolutely necessary. Your children will be directly affected by the outcome of your divorce, so they deserve answers. But, they also deserve to be protected from the emotional toll of your divorce to the greatest extent possible.

If you are preparing to go through a divorce, there are a variety of reasons why you may feel that you are entitled to reimbursement from your soon-to-be-former spouse. While Texas’s community property law largely focuses on distributing spouses’ jointly-owned assets based upon what is “just and right,” it also recognizes that there are circumstances in which one spouse may be entitled to reimbursement notwithstanding the fact that the reimbursement results in what would otherwise appear to be an inequitable distribution of community property.

If you are like most people, you want your divorce to go as quickly and smoothly as possible. You aren’t interested in a drawn-out legal battle; and, if you have children, the last thing you want is for your kids to get pulled into the process. You think your spouse is on the same page, and you have decided that it is time to bring your marriage to an end. So, what type of divorce should you pursue?

If you live in Texas and are thinking about adopting a child, it is important to do your research. The process can be challenging if you do not know what to expect; and, if you need financial assistance, there are resources available – provided that you know where to look. You can use the resources linked below to learn more about adopting in Texas; and, if you live in the McKinney area, we encourage you to schedule a free initial consultation with one of our experienced family lawyers.  

Whether you are going through a divorce or separation or struggling to collect payment from a former spouse or partner, if you are dealing with a matter that involves child support, you need to be careful to avoid costly errors. From improperly calculating child support to stopping payment without court approval, there are a variety of mistakes can have long-term consequences for you and your children.

If you and your spouse agree that it is time to end your marriage, you may be considering an amicable divorce. An amicable divorce is a low-stress and cost-effective way to end a marriage, and it is a method that spouses in Texas are using with increasing frequency. Texas law allows spouses to file for a no-fault divorce; and, if you and your spouse are both ready to move on, filing on the basis of “insupportability” is the first step toward achieving an amicable resolution.

As a parent, adjusting to a custody and visitation schedule and maintaining regular contact with your former spouse are likely to be among the most-difficult aspects of life early after your divorce. While certain challenges are going to be inevitable, there are steps you can take during and after your divorce to make this transition as comfortable for you and your children as possible.

When President Trump signed the Tax Cuts and Jobs Act into law on December 22, several aspects of the federal tax code changed significantly. For spouses contemplating divorce, one of the most sweeping changes is a reversal of the tax treatment for spousal support (commonly referred to as “alimony”).

When preparing to go through a divorce, there are both steps you need to take and mistakes you need to avoid. Here are seven common mistakes that can negatively impact the outcome of your divorce, including some that can potentially get you into legal trouble.

When contemplating a divorce, there are several questions you need to answer. From legal questions (i.e. “Which assets do I want to protect most during my divorce?”) to those that are more practical in nature (i.e. “Am I prepared to devote the necessary time and attention to the divorce process?”), all of these questions are important, and your answers will help to shape what you can expect both during your divorce and once your marriage is over.

If you are preparing for a divorce and have been doing some research online, you may have come across the term, “child custody evaluation.” Most divorces can be resolved without a child custody evaluation. In fact, the Texas courts consider these evaluations a “last resort,” and they are generally only used for establishing parenting rights and responsibilities when there are unique issues at play and the parents cannot arrive at the terms of an acceptable custody arrangement on their own.

Getting divorced has a number of financial implications, and this means that it also has potential implications for divorcing spouses’ obligations to the Internal Revenue Service (IRS). When going through a divorce, it is important to keep in mind that various aspects of your divorce can have tax consequences; and, for many separating couples, tax planning can be a key component of the divorce process.

When you file for divorce, do you have to worry that your family’s financial records and “dirty laundry” will be aired in public? This is a common concern among spouses contemplating divorce, and one that is worthy of consideration when preparing to go through the divorce process.

When you are preparing for a divorce it is important to understand how your divorce may affect your tax obligations to the Internal Revenue Service (IRS). While IRS Publication 504 sets forth various tax rules that apply when you are divorced, figuring out how to file and report alimony, child support, property settlements and other transfers of assets can be a very challenging process.  Because it so easy to get lost in the maze of IRS rules and regulations, below are some key points to help you better understand how your federal taxes may change after a divorce. 

While Texas’s community property law entitles each spouse to have of the marital estate in a divorce, dividing assets down the middle is rarely a straightforward process. Even setting aside complex issues such as valuation of substantial assets and retirement account distributions, spouses will often be at odds over the not-so-simple issue of deciding who gets what.

If you are preparing to go through a divorce and you are financially dependent on your spouse, one of the earliest steps in the process will likely be to seek “temporary” maintenance and child support. Typically, these forms of temporary financial support will last for the duration of the divorce process; although, in some cases, a judge may order temporary maintenance for a shorter period of time.

Getting divorced can impact your life in several ways, but directly affecting your credit is not one of them. The banks and credit rating agencies do not consider marital status when determining your creditworthiness. So, your credit status did not change when you got married, and it will not change when you get divorced.

If you are among the many parents for whom pursuing a career and raising your children are not mutually-exclusive, understanding how maintaining a full-time job can affect your bid for custody (called “conservatorship” in Texas) will be an important part of the divorce process. While there is nothing in Texas’s conservatorship law that expressly disfavors working parents, if you are fighting for custody, you can expect your spouse to raise the issue, and there are certain steps you can take to help strengthen your case for the custody rights you desire.

As a parent, going through a divorce requires careful consideration of a number of issues that relate specifically to your children’s financial and emotional needs. From the method you and your spouse choose for getting divorced to the statutory calculation of child support, virtually all aspects of your divorce can play a role in your children’s post-divorce lives.

For many people, getting a divorce is a fresh start. It is a chance to leave the past behind, and to begin anew without the stresses and burdens that held them back over the years or decades past. While there will always be certain reminders, changing your name is one way to help facilitate moving on and transitioning into a new, independent life.

Getting divorced can be a life-changing experience, and the decision to file for divorce is not one to be taken lightly. From the emotional and family consequences to the more-practical financial considerations (e.g., Which assets will you be able to keep? Will you be paying or receiving spousal support?), there are several important issues that should factor into your decision of whether, and when, to file for divorce.

Getting divorced is a process that starts with thoughtful and thorough preparation. There are several issues you will need to address, and the more you do to prepare, the better able you will be to negotiate – or, if necessary, fight – for the outcome you desire. From understanding the implications of your prenuptial agreement (if any) to taking steps to improve your chances of securing child custody, being proactive at the outset of the process can have significant benefits down the line.

According to a new academic study, it appears that there may be certain times of year when dissatisfied spouses are more likely to file for divorce. Specifically, based upon divorce data accumulated between 2001 and 2015, divorce rates spike twice a year – first in March and then again in August.

If you are in your 50s or older and considering a divorce, you are not alone. According to a study recently published by the National Center for Family and Marriage Research at Bowling Green State University, the number of couples calling it quits later in life (a so-called “grey” or “silver” divorce) is on the rise. In fact, while overall divorce rates have remained relatively steady since the early 1990s, the divorce rate among spouses age 50 and above has doubled over the same time period. Among senior citizens age 65 and over, the increase has been even more substantial.

If you have been doing your research about filing for divorce, you have probably come across more than one website offering the promise of getting your divorce online. While this may seem like an appealing, low-cost option, there are a number of reasons why going through the divorce process online is not ideal for most spouses. Consider, for example, the following:

Whether this is your first marriage or you have been married before, a lot of things will change when you say, “I do.” Even for couples who have lived together previously, getting married has implications far beyond giving you new options on your annual tax return.

When military officers and their spouses get divorced, as a general rule, the non-officer spouse can claim a portion of the officer’s retirement benefits as community property. Generally speaking, income that either spouse earns during the marriage is considered community property (and therefore subject to division in a divorce), and this includes military pensions and other retirement benefits. In fact, the Uniformed Services Former Spouses’ Protection Act (USFSPA) specifically provides that state courts have the authority to divide military pensions in a divorce.

If you have children and are preparing for a divorce in Texas, you can generally expect that either you or your spouse will come out of your divorce with an obligation to pay child support. Child support is the one aspect of a divorce where separating spouses have the least flexibility; and, as we previously discussed, payment of child support is a requirement in most Texas divorces.

If you get divorced, will your former spouse be obligated to help pay for your children’s college tuition and expenses? For any couple with children, this is a crucial question, and one that unfortunately often gets overlooked during the divorce process.

If you or your spouse is in the military and you are considering a divorce, before you spend too much time researching online, it is important to understand that virtually all aspects of your divorce will be impacted in some way by your family’s military service. From the division of your marital property (including, potentially, military retirement benefits) to establishing child custody rights, there are unique issues you will need to address that do not come into play in civilian divorces.

Much like relationships, no two divorces are exactly alike. Each divorce has its own unique elements, and each can take its own unique path depending on the spouses’ priorities and actions during the process.

In Collin County and most other counties throughout Texas, once one spouse files for divorce, both spouses are required to disclose their finances in what is known as a Sworn Inventory and Appraisement.

For anyone who has either built a substantial retirement savings or planned to rely upon their spouse’s savings in retirement, getting divorced can raise some very important questions about what to expect in the future. Are retirement assets subject to equitable distribution in Texas? If so, will I be required to give up (or am I entitled to receive) retirement benefits as part of my divorce?

In Texas, the terms of a couple’s divorce are established either by agreement of the parties or by a judge. These days, most couples resolve at least the majority of their differences out of court. There are a variety of methods – including mediation and collaborative divorce – that spouses can use to resolve their differences amicably, and doing so allows them to retain control over their decision-making instead of putting their (and their children’s) futures in the hands of a judge.

In Texas, there are two ways to establish the terms of a divorce: (i) by going to court, and (ii) by entering into a martial settlement agreement.

In a divorce involving children, determining custody rights (referred to as “conservatorship” in Texas) can often be one of the most emotionally-challenging issues involved.

With increasing frequency, social media is playing an active role in people’s divorces. While most people post photos, comments and status updates and then never give them a second thought, these things don’t go away, and in a divorce they can have real impacts months – or even years – down the road.

For individuals who are preparing to go through a divorce, especially those in deeply-strained relationships, it is natural to wonder what options are available for protecting your property. From a legal perspective, a divorce is largely about ensuring a fair distribution of the divorcing spouses’ marital assets; but, how do you make sure that you still have assets available to be fairly distributed?

If your spouse just filed for divorce, there are a few important things you need to understand right away. This article provides an overview of what you can expect over the coming days, weeks and months, but to protect your rights, it is important that you seek advice from an experienced divorce attorney as soon as possible.

For many people, the New Year is a time for change, and for some, that change means filing for divorce. If you are planning to file for divorce in 2016 (or if you are concerned that your spouse may want to file for divorce), this article outlines some important considerations to keep in mind.

Last June, the U.S. Supreme Court issued its landmark decision in the case of Obergefell v. Hodges, holding that the Fourteenth Amendment to the U.S. Constitution requires all 50 states to both license and recognize same-sex marriages. In Texas and other states throughout the South, the Court’s decision has faced significant opposition – including from the Texas Attorney General.

As we move into 2016, we wanted to take a moment to recap some of our top custody-related articles from last year. If you have children and are contemplating a divorce, or if you need help enforcing or modifying an existing custody arrangement, you can read the articles linked below to learn more about your legal rights. Or, for legal advice specific to your personal situation, feel free to contact us to schedule a consultation with one of our experienced child custody lawyers.

While the common perception is that a prenuptial agreement or postnuptial agreement is simply a method of “planning for divorce,” the reality is that there are several important divorce-related and non-divorce-related reasons to enter into a pre- or post-marital agreement. There is some evidence to suggest that postnuptial agreements are becoming increasingly popular in Texas, with couples using them for everything from providing for their children to establishing the parameters for a trial separation.

If you are a business owner going through a divorce, understanding your rights with regard to keeping your business will be a critical aspect of the process. Your rights will depend on a number of different factors and regardless of the default rules that apply, you may still have options for negotiating sole ownership if your spouse would otherwise be entitled to a stake in the company. In this article, we provide an overview of some of the key issues that come into play. For a thorough evaluation of your individual circumstances, we encourage you to schedule a free consultation.

While entering into a formal, written agreement with your spouse or spouse-to-be may seem unnecessary at first blush, there are actually several important reasons why it may make sense to have a discussion with your partner about signing on the dotted line.

When going through a divorce in Collin County, one of the most important issues that will need to be resolved involves splitting up the property that you and your spouse shared while you were married. As part of your divorce, you will need to work with a Collin County divorce attorney to make sure that all of the property you and your spouse own is accounted for. At that point, your attorney will use the law to make sure you receive all of the property to which you are legally entitled. 

If you are like most people, you know a lot about family, but probably not a lot about the law. As a result, when you have a family law situation come up, you may find it difficult to navigate the issues on your own. Just following the unfamiliar terminology can be a challenge on its own. 

It is any parent’s worst nightmare. Someone you don’t know shows up at your door and tells you that your children are going with them. Every day, parents across Texas find themselves suddenly fighting to raise their children after facing action by Child Protective Services (CPS).

A family court session may be intimidating to some clients, particularly when a lot is at stake or when you haven’t had much experience in the legal arena. We understand this anxiety and hope that we can help you feel more comfortable with the process.

Divorce for couples with one (or both) spouses in or retired from the military is a bit different from a civilian divorce. Depending on the circumstances of your life, nearly every aspect can vary. 

Divorce is stressful, no doubt about it. Even when it’s for all the right reasons, spouses may not know how to predict a future that once seemed pretty reliable. Money concerns are often part of that stress. We see it in families that had strong household budgets, families that had earning or spending problems — almost no one is immune to the financial worries of a divorce. 

As your marriage draws to an end, you will have to undergo a standard set of procedures to dissolve the marriage for good and finally be divorced. While this may be confusing for people who are unfamiliar with the process, it is fairly straightforward. Even severe conflicts simply delay each step; they don’t really change the fact that Texas requires certain steps occur. 

In Texas, there are seven grounds for divorce. The decision to divorce is a serious one. For some, it’s a choice laden with inner searching and multiple attempts at conflict resolution, while for others, it’s a suddenly apparent necessity for peace or personal protection. When you work with one of our Frisco divorce attorneys, we will help you determine which ground is most appropriate for your case. 

Once a child support order is signed in Texas, the order is binding until it’s changed. Many times, it can be a complex process to modify a support order, but with the help of the Frisco child support attorneys at Nordhaus Walpole, you may be able to make a change that better serves your child and reflects your present circumstances. 

During divorce proceedings, multiple issues often arise in negotiations — especially around the issue of children. While you may have the opportunity to present evidence and somewhat direct the outcomes of custody or other matters, child support in Texas is determined by formula. By working with our McKinney child support lawyers at Nordhaus Walpole PLLC, we can help you understand how child support will be determined in your specific case. 

Working out child visitation during a divorce can be a stressful negotiation period. You want what’s best for your children, but you want to spend time with them too. By working with a Frisco child visitation lawyer at the offices of Nordhaus Walpole PLLC, we can develop a strategy that helps ensure you and your children spend the right amount of time together.

Divorce is rarely easy for anyone, but there are certain approaches you can take to help make the transition a little bit less confusing, especially when it comes to child custody. So many parents are so deeply emotionally invested in custody issues that understanding more of the process may help you make the best decisions for your child or children. If you need help with your divorce, please contact a McKinney child custody attorney at Nordhaus Walpole PLLC.

During a divorce, one of the major elements spouses need to work out is child custody. While this can be an emotionally-laden time for everyone involved, understanding the basics of child custody can help smooth the path to a resolution. For questions about how to manage this transition, contact the Frisco child custody lawyers at Nordhaus Walpole PLLC. Our experience with divorce in Texas can help your family take charge of the future.

When you have a family law case, you have to show evidence of your claims. Sometimes, evidence is written or photographic, but certain kinds of testimony can add an invaluable component. The McKinney family lawyers at Nordhaus Walpole PLLC help you present compelling evidence from expert witnesses whenever it may benefit you.

During a divorce, many things are up in the air. Who will get the house, the cars, the retirement accounts? If you and your spouse own a business, the business will become part of the divorce proceedings too.

Most people acquire real estate through hard work and focus — and if you own a home, you’re probably attached to it emotionally, too. It is stressful to think about splitting up real estate in a divorce, but a Collin County divorce attorney like J. Ryan Nordhaus can help you.

Many people are disheartened to hear how costly a divorce can be. A lifetime of earnings may be up for grabs and the fear of going into retirement with nothing looms overhead. Learn the process for dividing retirement accounts during divorce in Texas. 

A sports car.  A change in employment.  An affair.  These are all hallmarks of what has been called the mid-life crisis.  This phenomenon usually strikes people in their 40s, although technically speaking, that is a little beyond actual mid-life since most people do not live to 90 and beyond. 

Sending a child off to college is a wonderful and stressful time all at once.  Collin County family law attorneys know that a child leaving home can be a difficult transition for both the adult child and the parents.  Alcohol and drug abuse, mood disorders and anxiety disorders are all common among college students today.  

The phenomenon of the gray divorce has led to a tidal change in society.  The term "gray" divorce refers to people divorcing in mid-life.  Although the national divorce rate is dropping, the divorce rate among baby boomers (people born between 1946--1964 who are age 51-68) has doubled in the last 20 years.  Collin County divorce attorneys report that an astounding one in four people over fifty is now divorcing.  Studies show that women initiate an incredible 66 percent of these divorces.  

The movie "The Theory of Everything," released November 2014, chronicles the life and love of Stephen Hawking and his wife of 30 years, Jane Wilde.  Based on Wilde's memoir, the movie tells the story of the young couple marrying in 1965 at the early stages of Hawking's motor neuron disease. 

People may talk about a high divorce rate or lament the number of families that are now single-parent homes due to divorce, but the reality is that divorce rates have been declining since their peak in the early 1980s.  For the past three decades, the national divorce rate has been steadily falling to its present level of 3.6 divorces per 1,000 households.  The caveat to the declining rate of divorce is a generational anomaly. The baby boomer generation, which is demographically large enough to skew statistics, has an increasing divorce rate.  

Living together without being married used to be referred to as "living in sin."  Often viewed as an act of rebellion or part of the sexual revolution, living together fifty years ago was considered a scandal and not very common. However, times have changed.  

The collaborative law process is an alternative to litigating family disputes such as divorce, child custody and child support.  Collin County divorce attorneys explain that instead of bringing their differences to court, parties sign a "Collaborative Law Participation Agreement" that establishes the guidelines of the collaborative process.  The agreement establishes timelines, as well as notes the commitments of a team of mutually selected experts, including mental health and financial experts, and both parties' attorneys.

The now infamous elevator video that sparked the Ray Rice domestic abuse scandal in the NFL dominated media coverage earlier this year.  As the NFL stumbled its way through the controversy over its handling of not only Ray Rice's domestic abuse charges but those of other players as well, another scandal emerged. 

The Center for Immigration Studies estimates that approximately 400,000 U.S. citizens marry foreign nationals every year. The foreign nationals go through an immigration process that begins with a Visa petition to travel to the U.S. Once married, they are granted a green card with a conditional permanent residence status.

Both a divorce and an annulment result in the dissolution of a marriage. A divorce ends a valid marriage, while an annulment ends a marriage that can be deemed not valid. While the effect of a divorce is to result in two parties that are no longer married, the effect of an annulment is to return the two parties to the status they held prior to their marriage; i.e. one when they were never married.

The statistics are eye-opening:  one in five women today are postponing having children until thirty-five years or older; the number of women having children in their forties has doubled in the last twenty years;  between 2007-2009, the fertility rate in women ages forty-five to forty-nine increased by 17% in the U.S., and a similar trend occurred in other industrialized nations.

Rachel Canning was back in court. The New Jersey teen who infamously sued her parents for support and college costs after moving out of their home and into the home of a friend, filed for and was granted a temporary restraining order against her boyfriend. According to Canning, Lucas Kitzmiller choked her with his hands during a quarrel. Kitzmiller responded to the restraining order against him by filing one against Canning. A day before the hearing to finalize the orders, both Canning and Kitzmiller agreed to the dismissal of the orders; the teens will soon head to different colleges and presumably the distance between them will prevent any further interaction. 

The issue of paying for college expenses has become a major focus of child support awards and divorce settlement negotiations since the cost of higher education began  skyrocketing. Study after study shows that having a secondary degree greatly increases your earning potential. For a high school graduate, therefore, continuing on to college is an extremely important and wise investment. But as with all investments, it requires money.  The question is: who should supply that money?

Collin County divorce attorneys recognize that property division can be a very complicated and contentious part of the divorce process. In the absence of a prenuptial or post-nuptial agreement, all assets and debts of the parties must be allocated. Texas is one of nine states in the country that is a community property state; all property owned by a husband and wife is presumed to be owned by both unless and until proven to be separate property by clear and convincing evidence. 

Summers can be challenging times to coordinate schedules even for families in which there are no divorce and visitation issues. When these issues do exist, summer parenting can become quite complex. Collin County divorce attorneys recommend that parents plan well ahead in order to avoid any conflicts in scheduling and any conflicts between the parties. Below are examples of parenting plans that offer flexibility with respect to the summer.

Most experts will tell you that just as job searches in the twenty-first century must incorporate LinkedIn and other networking on social media, searching for that special someone must also incorporate dating sites on social media, even if the online sites are only used to access offline events. That being said, Collin County family law attorneys emphasize that there are pros and cons to consider regarding online dating:

In Part One of a series discussing the need for legal protections for couples who live together in a committed, long-term relationship but do not get married, Collin County family attorneys recommended cohabitation agreements which can define the parties' property rights, financial expectations, and other concerns during and after their relationship.  In Part Two of this series, our family law attorneys explore what kind of legal agreement is needed to protect those same couples when they have children.

Temporary Protective Orders ("TPOs") and Temporary Restraining Orders ("TROs") are often confused and confusing, and the terms are commonly used interchangeably. The orders are not the same, however, and are issued in completely different ways and for completely different purposes.  Collin County Divorce Attorneys explain why and when TPOs and TROs are necessary in the divorce process.

In 2012, Steven Plotnick and Rebecca DeLuccia started dating.  When Rebecca found out she was pregnant in February of 2013, Steven proposed and Rebecca accepted.  They remained engaged until September 2013, when unfortunately they broke off the relationship.  Steven still wanted to be involved with their child, and Rebecca agreed with Steven's wishes--except for his desire to be present at the birth.  Unable to resolve the issue of his presence in the delivery room, Steven resorted to the New Jersey court system.

When Rachel Canning moved out of her house shortly after turning 18, it is safe to say that neither she nor her parents ever imagined that they would end up in a New Jersey courtroom potentially making precedent-setting law. 

 With so many people delaying marriage or skipping the walk down the aisle altogether, cohabitation agreements are becoming more popular.  Cohabitation agreements are simply contracts between two people who live together; as such they can be between members of the opposite sex or members of the same sex.

Collin County family attorneys point out that celebrities going into rehab for "sex addiction" should not to be confused with celebrities that seek treatment for addiction to drugs or alcohol. When addiction to drugs (street or prescription), or alcohol is breaking up a marriage, rehab is an excellent step in not only getting the person suffering the addiction back on track, but the marriage as well.

The death of actor Phillip Seymour Hoffman on February 2, 2014, from an apparent overdose of heroin was a tragedy for his family and for everyone lucky enough to have enjoyed his brilliant acting.  Perhaps the one good thing to come out of this sad conclusion to Hoffman's open struggle with addiction is something Hoffman himself eerily predicted would occur: his death, if from drugs, would hopefully save 10 people from overdosing due to the publicity surrounding heroin addiction.

The distribution of what is often the most significant piece of community property--the marital home--can be up to the discretion of the court or to the negotiations of the divorcing parties. Either way, it is never easy to divest oneself emotionally, physically, or economically from what was once the center of a couple's or a family's life. Collin County Divorce Attorneys illustrate below three options:

When a couple divorces, one of the most difficult--and often contentious--aspects of the process is determining custody of the couple's child or children.  In Texas, custody is called conservatorship, and within conservatorship, there are two types of custody – legal custody and physical custody.  Collin County Divorce Attorneys seek several types of child custody on behalf of their clients:

When an initial order for child support is issued in a case, in addition to the application of the child support guidelines in the Texas Family Code, the court can consider other relevant factors at the time the order is made; i.e. who has custody of the child or children, the parties' income, the needs of the child or children, visitation schedules and cost thereof, and anything helpful to a determination of what amount of support is necessary and possible to achieve the best interest of the child or children. 

Chapter 8 of the Texas Family Code pertaining to Texas Spousal Maintenance has significant changes. The Texas Spousal Maintenance changes became effective for divorce cases filed on or after September 1, 2013. The overall goal of the changes is to allow courts to provide more help to spouses who have been out of the work force, are disabled, are victims of family violence, or are the primary custodians of a disabled child. If you are thinking about dissolving your marriage and any of these categories apply to you, contact your Collin County Divorce Attorney so that you can better understand how the changes in spousal maintenance will affect you.

Texas exoneree Steven Phillips is facing claims from his ex-wife for a portion of the $4 million he received in compensation for years of wrongful imprisonment.