Law Office of Michael D. Tracton, P.C.
Call For A Free Initial Consultation
View Our Practice Areas

Sugar Land Divorce Law Blog

Can 'happy' couples benefit from a premarital agreement?

A previous post on this blog discussed how a prenuptial, or premarital, agreement works under Texas law. Basically, a premarital agreement can help couples by pre-determining how the two will resolve a dispute in the even of a divorce.

However, it is important even for "happy" couples in Sugar Land and the Fort Bend County area to understand that a prenuptial agreement can benefit them and their respective families, even if they wind up never getting divorced.

We assist those trying to escape domestic violence

A recent post on this blog discussed what a protective order in Texas can and cannot do for a victim of domestic violence in Sugar Land or in another part of the Houston metro area. The point of that post was that a victim may need to do more than call the police or the local prosecutor in order to stop the cycle of domestic abuse, even though making those phone calls are, of course, an important first step.

If no arrests are made, then any protective order a victim obtains is civil in nature, meaning a Texas resident is responsible for either representing him or herself in court or hiring an attorney to assist them. While victims sometimes get a lucky break and the perpetrator decides not to contest a protective order, in many cases the alleged perpetrator goes to court and denies the allegations of domestic violence.

Virtual visitation can help you connect with your child

Have you recently gone through a divorce? Are you moving through this process right now? Do you have at least one child with your former spouse?

If you find yourself in this position, it's imperative to learn more about your legal rights. For example, you want to know how the court will look at your situation with regard to child custody.

How does a prenuptial agreement work?

One of life's most painful events is a divorce; the emotional and financial cost can be significant. The emotional costs may be beyond protection, but the proper use of a prenuptial agreement can protect personal assets from a lengthy divorce proceeding and from unnecessary dissipation in a property division dispute.

In Texas, prenuptial agreements are formally known as "premarital agreements." A premarital agreement is "an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage." The agreement must be in writing and signed by both parties. Most importantly, the agreement must be executed prior to the marriage. Both parties must make full disclosure of their assets to the other party prior to execution of the agreement. The failure to make such a disclosure may be grounds for invalidating the agreement.

Helping your special needs child communicate

If after getting divorced you are not the primary custodial parent of your child, you may be limited in the amount of time you are allotted for visitation. If such is the case, you may be worried about maintaining and strengthening your bond with your child, especially if he or she has special needs.

If your child's condition includes difficulty communicating, you will have to put in some extra work during your time together. Helping the child learn to interact with others is vital to encouraging him or her develop relationships. And as a parent, there are some things you can do to aid in the process.

Can you get a prenup to protect ideas?

The new hot commodity in the evolving “information economy” are ideas. It seems all you need to make it big is have a great idea for an app and develop it. While the idea economy coalesces around this concept, divorce and family law is also embracing it. Many divorce couples now fight about in-development ideas and over who gets a share of the proceeds or businesses that spring from that idea. To address these concerns, some couples are now getting prenuptial agreements for their ideas. So the short answer is yes, you can get a “prenup” to protect an idea during divorce.

For many years divorced couples argued that their ideas (only ones that were in development before the marriage) should be their separate premarital property. But, while that argument is smart, you still lose because you will spend many thousands of dollars arguing the finer points of the law rather than quickly moving past your divorce and onto the next phase of your life.

Some information on divorce from a family law attorney, Part 1

You may be wondering about what inside knowledge a family law attorney may have on divorce rates and trends. Divorce is a complex topic that spans economic, sociological, familial, religious, and government areas. There are very few hard and fast rules to explain why someone does or does not get divorced. One attorney shared their insight, and their inside information is discussed below.

Women tend to take for granted that having children means they can control the terms of the divorce. Unfortunately, many women receive a rude awakening when courts try to treat both spouses somewhat during a divorce, even if children are involved. Gone are the days when the court would side with the mother. Instead, the court balances the interests of the parents against what is in the best interest of the child.

Bill in state legislature would limit "no-fault" divorce

A recent hearing in the Texas state legislature put the spotlight on a bill that is intended to make divorce more difficult in the state. The bill, known as HB 65, cleared its first major hurdle in the legislature and is now pending in a committee. Reporters say it is likely to move out of committee and go to the full legislature for a vote sometime this year. If it becomes law, the bill would make a major change to the state's "no-fault" provision in divorce law.

Under current law, neither party to a divorce must provide evidence that the other party is at fault. Instead, a spouse who wants to end a marriage must only list "insupportability" as the cause of the breakdown of the marriage. Many other states have similar laws, in which a spouse who wants a divorce lists "irreconcilable differences" or similar language as the reason for the divorce.

Financial tips for people who are recently divorced

Divorce entails significant financial stress from bankruptcy to reduced credit ratings. You will have to confront these issues, and the sooner you do, the better. It is critical that you don't act like your financial situation is unchanged. Your financial situation is changed, and the sooner you confront it, the sooner you can overcome any potential issues.

Depending on your situation, it may make sense to apply for a new credit card. New credit cards are especially important if you do not have a large reserve of cash and marginal credit. But these are short-term fixes, and for emergencies only, you cannot rely on them for all expenses.

The benefits, and limits, of a Texas protective order

A recent post on this blog talked about domestic violence, which is an ongoing problem throughout Texas, including in Fort Bend County and greater Houston metro area. In addition to filing criminal charges, people in Sugar Land might immediately think to go to court and get a protective order, especially since they are relatively easy to request.

The benefits of a protective order are many. First, it is easy to find assistance with filing them. For example, a person can seek out the assistance of a county attorney if a civil protective order is needed. Moreover, in certain cases, a court will immediately issue a temporary protective order, valid for 20 days, giving a victim of domestic violence some protection until at a hearing can be held. Although a person asking for a protective order must be truthful when doing so, the court can issue these 20 day orders even without hearing from the other side.