Property Division

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:

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

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

Common Valuation Issues in Property Division

When dividing property in a Texas divorce you generally use a spreadsheet and fill in values for the major assets and debts.  Then you work on splitting up those assets and debts between the parties to arrive at the percentage split you are seeking.  Sometimes this is 50/50, sometimes it is disproportionate in favor of one spouse or the other. So mechanically it is a fairly straight forward process.  The issues that arise most often are when the spouses disagree over the value of an asset. Continue reading

Alimony – Should Fault Be Considered?

There was a bit of a stir in the media this week when a Utah lawmaker proposed a bill that would give family court judges the authority to consider fault when deciding the issue of alimony in a divorce case. The news reports I have seen are unclear on whether this bill would modify the law to make it permissible for a judge to award alimony solely upon a finding of adultery by the payor spouse, or if it would simply allow the judge who has determined that a spouse is eligible to receive alimony to factor in the bad conduct in determining the amount and duration of the alimony award. Continue reading

Mediation of your Houston Divorce Case

Many people going through a divorce are not familiar with what mediation entails. This article will describe the process and explain its uses and benefits in a divorce case.

What Mediation Is and What It Is Not

Mediation is essentially a settlement conference attended by both parties and both lawyers and facilitated by a third-party mediator who attempts to get the clients to reach an agreement on all issues in their case. Continue reading

Common Law Marriage Explained

One of the most common misunderstandings about Texas family law involves informal or “common law” marriages. Many people believe that after you live together for a certain period of time you automatically become married, even if neither party wants to be. This is not true in Texas, nor in any other state that I am aware of.

How Can You Get Married Without a Wedding?

It is possible to become married without the usual requirements of obtaining a marriage license, waiting at least 72 hours and then having a wedding ceremony. Continue reading

Can I Get an Annulment?

A very common question that we get when someone consults with our office is whether they are entitled to an annulment. An annulment is basically a court order stating that the marriage was never valid. Essentially it is a do-over, as though the marriage never happened.

Typically, when clients ask about whether an annulment is possible the marriage is still very new. The client thinks that since Continue reading

Radio Interview on CNN 650 on Divorce and Small Business Owners

I was interviewed a couple of weeks ago on CNN Radio (650 AM) by Kevin Price on the topic of how divorce impacts small business owners. You can listen to the interview below.


Check out this related post: How Do You Divide a Kidney? and Justia Directory listing.

Free Teleseminar on Property Division

At 2:00 p.m. on Wednesday, April 1, 2009, I will be holding a telephone seminar (aka teleseminar).  The call is free (except for any long distance charges your carrier charges) and the topic will be “The 5 Keys to Getting a Fair Property Division in Your Divorce.”

I would recommend it for anyone who is getting divorced in Texas or preparing for the possibility of divorce.  If you are interested in being on the call just visit the teleseminar registration page for details.

How Do You Divide a Kidney?

Dr. Wants Kidney Returned from Wife

Give Me My Kidney!

A Long Island surgeon, Dr. Richard Batista, is seeking the return of his donated kidney from his wife in the property division of his ongoing divorce case.  Alternatively, he is willing to allow her to keep the kidney in exchange for $1.5 million.

Apparently, the valuation was derived based on what a black market kidney would sell for.  However, such sales are illegal in the U.S.

The article goes on to explain that Dr. Batista is extremely hurt and upset by his wife’s extra marital affairs which occurred some time after the kidney transplant.

Generally speaking, a kidney (donated or otherwise) would not be a marital asset subject to division.  But it will be interesting to see how the New York divorce court handles the case.