Please note that the clients and lawyers referenced in the video and transcript are purely hypothetical and not based on actual people. If you prefer reading to watching, please see the transcript below:
This was an interview of Scott Morgan in 2010 on Fox Houston on how facebook can be an issue in divorce cases. There had been a lot of publicity at the time about facebook “causing” divorces. It is still common that facebook and other social media play a role in a divorce case, but the media buzz surrounding the issue seems to have died down.
The typical procedure for Texas divorce lawyers to analyze property division in a divorce case is to put all the assets and liabilities on a spreadsheet and fill in the values. At that point the division usually starts to make sense as you assign certain assets and liabilities to each of the parties. Often these assignments are relatively simple and agreed to. For example, everyone may agree that the wife should get the house and be responsible for the mortgage so you automatically fill in your spreadsheet that way on that particular asset and debt.
Sometimes the parties may have a dispute over how the overall split should be done. For example, one party may want a 50/50 division while the other side believes it should be a disproportionate division. I will save that topic for anther blog post. Today I will address the other common issue that arises in property divisions, that of valuation disputes. Continue reading
Here is a common divorce/taxation question: post-divorce which party is entitled to take the dependency exemption for the children, the person paying child support or the person receiving child support. People are frequently confused about this, in no small part because most divorce decrees are silent on the issue.
The Child Dependency Exemption is Governed by Federal Law
Let’s start with an analysis of the law. Internal Revenue Code Sec. 152(e) states that Continue reading
I came across a thought-provoking article by Pamela Cytrynbaum on psychologytoday.com, entitled Top 10 Tips for a Great Divorce. It gives her suggestions on how to turn an amicable separation into an amicable divorce. I mostly agree with what she suggests, although I have different thoughts on a few of the issues. I encourage you to check out the article. Here are my thoughts on some of her tips that I took issue with: Continue reading
The Standard Possession Order (SPO) is a default visitation schedule defined by the Texas Family Code that is used in the vast majority of Texas divorce cases involving children. It is extremely detailed and lengthy and is one of the main reasons that divorce decrees in cases with children are usually 30 to 40 pages long. The Standard Possession Order statute is Texas Family Code Section 153.3101 through 153.317.
Every order has its own particular provisions, so please refer to the specifics of your own order for guidance if you have one. Also note that all of the terms are subject to alteration, either by negotiation or court order. This article is designed to give a brief overview of the statute and how its key provisions work when the standard language is used without tweaking. Here are some of the key provisions Continue reading
This is a guest blog by Katie Lammers, a family law attorney at Heimerl & Lammers in Minneapolis, Minnesota. Katie has handled hundreds of family law cases throughout her legal career and she relishes the opportunity to fight for her clients’ rights.
Every divorce is different. Some divorces can be quick and painless, while others are longer than both parties anticipated. No matter how the divorce plays out, saving money is usually a priority for the separating couple. Sometimes clients believe they can save money by neglecting to hire an attorney because both parties have agreed how divide the assets and debts in their divorce. While reaching an agreement with your spouse may help speed up the divorce, it is still important to consider hiring an attorney to assist you in the process. Below, we’ll explain five reasons why it’s important to hire an attorney during your “quickie divorce.” Continue reading
Almost everyone deals with getting pulled over for speeding or some other minor traffic violation. A lot of people are unnerved when this happens and not sure how to handle it. Today we have a guest post by Andrew Flusche on just this subject. Andrew is a Virginia lawyer who helps drivers fight their tickets for Continue reading
Today we have as a guest blogger Adam Rosenblum of the Rosenblum Law Firm. His firm handles a lot of criminal cases including traffic defense. In today’s post he explains how failure to pay your child support can lead to a suspended license. please note that Mr. Rosenblum is licensed in New Jersey so the specific laws do not apply in Texas. However, just about every state in the country (including Texas) has a statute on the books allowing for the possibility of a suspended license as a penalty for failure to pay your child support. The obvious lesson is Continue reading
I don’t usually blog about celebrity divorces but I have been inundated with news stories about the Kardashian divorce for more than a year now so I am feeling a little bit celebratory upon hearing of a settlement. With all the money involved in the case it would be logical to assume that the reason the case took so long to resolve was that the parties were squabbling over who got what. In this case I think it was actually more a case of Kris Humphries (the NBA player husband) Continue reading