W. Tyler Moore, PC

Posts tagged "divorce"

"Common Law" marriages

Texas recognizes informal or "common law" marriages.  If you were to use a search engine, you would find Chapter 2 of the Texas Family Code. Subchapter E deals with "marriage without formalities" or a common law marriage.  it the legal requirements are met, a common law marriage in Texas is just a valid as a formal marriage with a marriage license and a minister or judge performing the ceremony.  A common law marriage creates the same duties, rights, and liabilities as a formal marriage.  

What happens to a business when its owners divorce?

The people of Texas have a great entrepreneurial spirit, and many Houston residents are small business owners. Having built a business from the ground up is a satisfying endeavor that can take many years. As a person's business grows, so may their personal life. They may marry and have children all while growing their business. However, they may also experience a divorce. Any of these major life events can have a significant impact on one's business, especially if they shared the business with their spouse.

What to do if assets disappear before property division begins

High-asset couples in Houston may not have had to worry about money very much while married. However, once they decide to divorce, the topic of money must be addressed. When the divorce is very acrimonious, not only does each side want to see that they get their fair share of the marital assets, but they may even be tempted to do things to keep their ex from receiving anything at all. This can lead to the dissipation of assets.

In Divorce can a spouse throw the other out of a house

Can a spouse throw the other out of a house in an argument ?  Short answer is "no", even in a divorce situation. One spouse may seek to exclude the other spouse from the house only by court order.

"uncontested divorce"

"Uncontested divorce" is a misleading term. When people agree to get a divorce, it is not necessarily an uncontested divorce. Differences of opinion may exist as to whether property is marital or separate, how to divide property, who keeps the family business, should it be sold, the value of the family business, whether to pay spousal support, who will have primary custody of the children, what possession or access of the children will be, how much child support will be paid are some of the issues to be addressed in an "uncontested divorce".

Be wary of

Protecting separate property from marital property when it comes to divorce is very important. This is because, in Texas, marital property is considered to be owned by both parties and is part of the divisible estate, while separate property is not. Determining what property is marital and what property is separate may seem straightforward, but, in actuality, it can become confusing.

Don't fall for these common divorce myths

While many people in Houston know someone who has gone through a divorce, when it comes to divorce, no two cases are alike, just like no two marriages are alike. It is important not to compare your divorce to those of others. In addition, it is important not to fall for the following myths some people may have about the divorce process.

Mediation experience can be helpful in a Texas divorce

When couples in Texas divorce, in most counties they have to go through the mediation process first. This can actually be a good thing. It gives couples a chance to resolve their divorce legal issues privately and in a quicker manner than litigation would take. It also lets them keep control over the outcome of their case because mediation may resolve their divorce legal issues in a way that is agreeable to both of them.

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