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McKinney Texas Family Law Blog

Holidays and child custody: Are you prepared?

The holiday season gets into full swing during the month of October, as families begin to prepare for Halloween. After that, Thanksgiving, Christmas and New Year's quickly come down the pipeline.

The holidays are a time for family and friends. Unfortunately, if you share custody with your ex-spouse, you could spend more time arguing than you do enjoying yourself.

The impact of a Texas divorce on your retirement plans

For some couples, the eminent reality of retirement is what eventually gives rise to the decision to divorce. Both spouses may be able to pretend for some time that they don't mind the way their marriage has changed until they need to consider spending all day, every day, together for the rest of their lives. They want to enjoy their retirement, so they realize that it is time to make a change.

If you fall into the category of people who have grown apart from their spouses over the course of their working life, you may already know that you want to divorce before you retire. However, ending your marriage later in life can have implications that you must consider before you make any permanent decisions.

Divorce in Texas is complicated for business owners

Here in the Lone Star State, we take pride in going about things a bit differently. While this mentality of independence is useful in many areas, when it comes to divorce, Texas laws are more complicated than those of many other states. Specifically, Texas is among only nine states that observe community property laws in divorce, meaning that both spouses receive equal shares of their marital property. In contrast, most other states allow spouses to reach an "equitable" property division agreement, which is not always equal.

For business owners, this poses a significant threat to well-being of the business. The law classifies businesses as property that a person can own, meaning that a business owned by one spouse may end up on the negotiation table as a part of their marital property. If you own a business and see divorce in your future, you must consider your options and priorities while you build your divorce strategy.

Which of you will keep the house during your Texas divorce?

The biggest assets often cause the most concern during a divorce. You and your ex are likely keenly aware of the value of your marital home, as well as your retirement accounts. That may mean you both have wishes regarding those assets, which may or may not reflect the reality of Texas law.

When it comes to the family home, there's a lot of misinformation and quite a few urban legends floating around about what the courts will do. Familiarizing yourself with the asset division process in Texas makes it easier for you to understand what may happen with your house in a divorce.

Tom Petty's Estate Is Causing More Heartbreak

After passing away in October 2017, Tom Petty's estate has seen it's fair share of legal issues. The latest filed by Petty's two daughters, Adria Petty and Annakim Violette, who are beneficiaries under their father's trust. The daughters have now filed suit against Petty's widow, Dana York Petty, who is also the directing trustee of the trust. The claims allege that York Petty is superseding the daughters' right to "equal participation" in making decisions for the late singer's catalog. The daughters claim that the phrase "equal protection" in the trust agreement should be interpreted to mean they have a majority vote representing two-thirds of the parties to handle Petty's assets. 

Legitimate causes for concern in a high-asset divorce

Divorces are typically more complex when they involve a high amount of material wealth. This is simply because there is more to organize and there is more at stake. Divorcing spouses in Texas with a high number of assets should work with the law to protect their possessions and assert their rights.

You are likely to have many fears and concerns when embarking on the divorce process, but not all of them will be justified. The following are some things that you should concern yourself with when embarking on a high-asset divorce.

How to plan a summer vacation as a divorced parent

It doesn't matter if you have physical custody of your children or visitation rights, there's a good chance you'll want to plan a summer vacation. This is a great opportunity to spend time with your children.

Unfortunately, issues regarding child custody can move to the forefront, thus killing your good time before it starts.

Heirship Determination Proceeding

If an individual dies without a Will in Texas, an heirship proceeding must be filed in the probate court to determine the heirs of the estate. An individual interested in the estate would file an application to determine the heirs and to appoint an administrator of the estate if necessary. The court would then appoint an ad litem attorney to represent the unknown heirs of the estate. 

Do you understand how Texas will handle child custody in divorce?

As a parent, your love for and sense of responsibility toward your child very likely influences all of your important decisions. From how you choose to advance your career after becoming a parent to where you take a vacation, the needs and desires of your children often become more important than your own.

Being a devoted parent can make going through divorce that much more frightening. Many parents worry about whether they will lose custody of their children. Everyone has heard at least a few horror stories about good parents who get cut off by a malicious former spouse.

Temporary Orders in Divorce Cases

Divorce proceedings can take longer than anticipated depending on the specific facts of your case. However, there are some aspects of the proceedings that require immediate relief, and temporary orders provide this relief. Temporary orders can protect you, your children, or your property while the divorce is pending. 

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