Is my premarital agreement enforceable?

If a Premarital Agreement is not executed correctly, it may not be enforceable at the time that it is needed most. Texas property laws are complicated, and so are the laws regarding the execution and enforceability of premarital agreements. In 1993, the Texas Legislature changed the law to say that there are now only twoContinue reading “Is my premarital agreement enforceable?”

What is insupportability?

Insupportability is another name for what is commonly called a “no-fault divorce”. In Texas, you can get a divorce based simply upon not getting along with your spouse anymore. The typical language found in a divorce petition or divorce decree will state that the grounds for divorce are based on a “discord or conflict inContinue reading “What is insupportability?”

If my spouse and I live in different counties, where should we file for divorce?

If you and your spouse live in different counties, the county in which the divorce is filed is an important consideration. Some counties in Texas have Standing Orders that immediately become effective upon a party when they file for divorce or are served with divorce papers. Standing Orders govern the conduct of the parties whileContinue reading “If my spouse and I live in different counties, where should we file for divorce?”

Do I have to live in Texas to get divorced in Texas?

Texas Law requires that one of the spouses must be a resident of the State of Texas for six months in order to get divorced in Texas. Additionally, Texas Law requires that you be a resident of the county that you are filing the divorce in for at least ninety days before filing for divorce.Continue reading “Do I have to live in Texas to get divorced in Texas?”

Can my spouse get part of my retirement, 401k, or pension in a divorce?

Texas is a community property state. This means that all property acquired during marriage and on hand at the time of divorce is community property belonging to both spouses equally. This is true for retirement, 401k, and pension plans too. Federal law and Texas law combine to provide a non-employed spouse with certain protections ofContinue reading “Can my spouse get part of my retirement, 401k, or pension in a divorce?”

How will a divorce affect my trust?

Trust asset may or may not be affected by a divorce. Trusts take on many different forms, with different provisions regarding the purpose of the trust and they type of distributions to the trust beneficiaries that the trustee may, or must, make. The words in the trust document will be critical in determining how theContinue reading “How will a divorce affect my trust?”