Sep 03
Sometimes when couples get married, one spouse already has children from a previous relationship, and this new marriage creates a stepparent relationship between that new partner and the child. In some cases, this stepparent is either the first or only mother or father-figure in the child's life, so it is natural for the two to develop a strong bond. This bond can also form if the spouses are married for an extended period of time. Regardless of how that bond forms, if the c...
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Property division during a divorce is always a hot-button issue, but division is more complex if a family-owned business is the primary income generator. When the time comes for the spouses to separate their assets, their business will generally be considered property that must be valued and split. To divide the business, either one party can purchase the interest of the other, or the couple sells the company and shares the profits. In either case, the business must be valuated. Valuations a...
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When you file for divorce, you have a million things running through your mind. You need to make sure that your children are taken care of. To figure out how spousal maintenance (alimony) will play into your situation. You need to consider the division of debts and assets between you and your spouse. If you or your spouse own a consulting firm, it will be dealt with during the divorce. But how will the court determine how to divide this asset? Which spouse is entitled to what when it comes t...
read moreSep 02
Going through a divorce is incredibly heart wrenching, and after filing, you start to wonder, if you haven't already, how your marital property will be divided between you and your spouse. We created this guide to provide an overview of how property may be divided by a court in a divorce and how you can prepare yourself to help achieve a reasonable outcome in your divorce. (more…)
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Understanding Protective Orders A protective order is a ruling that intends to safeguard survivors of family violence, sexual abuse, trafficking, or stalking from further hostility. Protective orders have their roots in the need to protect victims and promote accountability of aggressors. A court is empowered to grant such an order when it is presented with evidence of domestic violence and the likelihood of its recurrence. These orders are considered civil injunctions and do not create cri...
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To better understand Uniform Child Custody Jurisdiction Enforcement Act, let's start with the basics. (more…)
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Military Retirement Military retirement benefits (the Uniformed Service Retirement System), may be divided in a Texas divorce. Military retirement plans also do not have to comply with ERISA. (more…)
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Parental alienation is one of the most traumatizing subjects we deal with in Family Law, both for the children involved as well as the parents. That's why we've created this guide to help give answers to the most common questions we receive when trying parental alienation cases in Texas. With decades of experience between us, the attorneys at Walters Gilbreath, PLLC have prepared this guide to help you through this difficult and emotional issue. (more…)
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What is a Postnuptial Agreement? Postnuptial agreements usually restrict the division of community property in the event of a divorce. While assets acquired and income earned during marriages are presumed to be divisible between spouses, some may wish to proactively define future income or investments as separate property. Less commonly, these agreements may also enable parties to convert separate property into community property. (more…)
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