Divorce

A Tale of Two Divorce Clients

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:

TRANSCRIPT:
Deciding whether your marriage is over and you need a divorce is a gut wrenching, emotionally-draining experience. For those who conclude that it is the appropriate course of action, reaching that point is often a relief because you’ve made a decision. It feels like it’ll be over soon and you can begin rebuilding your life. But far too often the divorce case begins and you discover that things are far from over.

Continue reading

Facebook and Divorce – Interview on Fox News

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.

Key Property Division Valuation Issues in Texas Divorce

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

Your Income Tax Return and the Child Dependency Exemption

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

My Thoughts on Top 10 Tips for Great Divorce

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

Visitation – What is the Texas Standard Possession Order?

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

Guest Post – What to do During a Traffic Stop

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

Kardashian Divorce Finally Finalized

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

Mort Fertel’s Response: Is Divorce the Answer?

We have a treat today, marriage expert Mort Fertel is our guest blogger.  He is the author of “Marriage Fitness: 4 Steps to Building & Maintaining Phenomenal Love” and a very big name in the field of marriage improvement and in today’s post he discusses how people can fix their marriages and avoid divorce. So here’s Mort:

For more than a decade now I’ve helped thousands of marriages come back from the brink of divorce. In this blog post, I want to offer some insight into how.

I want to start with an email I received from a man who was in the Lone Ranger Track of my Marriage Fitness Tele-Boot Camp. Here’s the email…

Dear Mort,

Trish and I were high school sweethearts and have lived what appeared to her to be a “Cunningham” life for 25 years. I have a successful career, our kids are normal, and Trish made wonderful holiday celebrations for us throughout the years.

But things were not as ideal as they seemed. After the kids were born, Trish turned all her love and attention to them while neglecting me. This left me vulnerable and I had 5 affairs (some real relationships) over the past 15 years.

Long story short, Trish found out one month ago about my recent one, and I confessed to the others. She’s devastated and accuses me of ruining her life and being a fake. Continue reading

How Can a Divorcing Parent Help Their Children?

We always hear about mistakes that parents make while going through a divorce. There are many ways to do it wrong and no one does it perfectly.  But instead of focusing on the myriad of things you can mess up when it comes to divorce and your kids let’s change the focus and get some ideas on exactly what you should do.  Pyschcentral.com wrote an excellent post on exactly this topic that I would recommend to you if Continue reading