Sep 09
At Walters Gilbreath, PLLC, we have seen all kinds of asset variations in the event of a divorce. Once a divorce is filed, clients immediately begin to worry about their children and how property will get divided. What Will Happen to Your Property in a Divorce? Ah, money. It makes the world go around, and it also drives much of divorce litigation. It is not the only factor in divorces (because children, sex, power and ego are involved too), but it is a major i...
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In this blog, we will talk about one of the most common retirement plans that you or your spouse might have – the 401(k) plan. Most people have heard of a 401(k) plan. Just in case you haven’t heard of a 401(k) plan, it is a retirement savings plan that is sponsored by an employer. It allows the employee to save and invest in some of their paycheck before federal taxes are withheld. However, taxes are paid when money from the 401(k) is withdrawn. So, how do you divide a 401(k)? Re...
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Goodwill is a part of business, but it is not the whole business. Both goodwill and the business itself can be divided as property in a divorce. Texas recognizes enterprise goodwill as marital property, to be divided between both spouses in a divorce. On the other hand, personal goodwill goes to the spouse who owns the business as separate property. If you are divorcing your husband or wife, you might face an ownership dispute with your spouse. This blog discusses some common ways to r...
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If you are seeking a divorce, and you or your spouse own a business, this means valuing the business. Goodwill value must also be determined when trying to value a business. We will discuss how you can value your business if you are getting a divorce. This article will assist you in splitting up the business as you move on with your life. Defining The Property If you want to split up the business, you have two options. You can sell the business to a third party, or...
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Valuation of a professional practice is rarely a simple process. In many cases, it will be a lengthy and complex one. When divorce is involved, the process can become even more difficult. Here, we will discuss some of the common problems that crop up when valuing a professional practice. Mainly, we will discuss transfer restrictions and how they affect the non-involved spouse, the effects of buy-sell agreements, and dirty tricks that you might run into. Transfer Restricti...
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A finding of family violence or neglect by a Texas family law judge unlocks the full power of the Texas court to make significant and in some, cases extraordinary remedies to protect the victimized child from ongoing abuse. Unfortunately, it is not an effective strategy for a Texas family lawyer to simply lodge accusations of Parental Alienation Syndrome with a long list of transgressions by the alienating parent. Blaming the alienating parent alone as a legal strategy ...
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In Texas, the Family Court has broad latitude to fashion a custody order to protect a child from child abuse, including emotional abuse resulting from parental alienation. The command of the law is for the Court to fashion a court order to provide a “safe, stable, and nonviolent environment for the child” and the court is guided at all times by the legislative mandate that the “best interest of the child shall always be the primary consideration of the court in determining conser...
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Parental alienation requires “two keys” to start and run the destructive behavioral system. Understanding the requirement of “two keys” is an important insight and helps the family law court and lawyer to see through the conflict cloud that obscures the root cause of parental alienation. The first key. The ignition of parental alienation syndrome is often a mistake, lapse in judgment, or life incident that befalls the disfavored or alienated parent. Examples of these e...
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Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
Larry M.
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