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Sugar Land Divorce Law Blog

Wendy Davis' rep claims divorce settlement reported inaccurate

Wendy Davis' highly publicized divorce was splashed across headlines nationwide. Alongside her ex-husband, they owned Safeco, which they sold to cover their high asset divorce settlement. Now that she is running for governor of Texas, the financial details of the divorce have come under scrutiny.

According to the Dallas Morning News, a person familiar with the settlement, reported Davis' share to be six million dollars, which Davis' representative is claiming is incorrect. He has requested that the publication retract the statement and list their source providing that settlement figure. The amount that Davis collected from the sale of Safeco is the financial seed in her run for governor. After the divorce, she was issued a contract naming her an officer of the succeeding entity, Republic Title of Texas.

How are military pensions and benefits divided during a divorce?

In an earlier blog post we discussed why military divorce is different from, and sometimes more complicated than, regular civilian divorce. A big question many military families have during a divorce is what happens to their benefits as provided by the military? Many aren't sure if the benefits are still awarded to the spouse who is a non-military member. A military divorce settlement will include benefits and pensions to the non-military person based on Texas state law.

There are a few circumstances that override whichever state law is governing the military divorce. According to the "10 Year Rule" if the marriage lasted ten years or longer the Defense Finance and Accounting Service or DFAS will pay the non-military spouse's pension wages directly. Regardless of the time of marriage, the court may still require pay to the non-military spouse as part of the divorce settlement. However, instead of the money coming directly from the DFAS, it will be designated to come from the military-affiliated spouse.

Oil tycoon's divorce filing raises questions about securities

Hundreds of Americans file for divorce every day. In most divorces there are financial aspects to settle such as who gets the house, or how to divide the 401k. A recent divorce filing has shocked the business world as one of the richest men in the world prepares to battle for his own finances as well as those of his publicly traded company. Harold Hamm and his company Continental Resources will be affected by the high asset divorce settlement that will be played out the in the courtroom in the coming months.

The couple, married 26 years, is now mulling through divorce proceedings -- and they didn't sign a prenuptial agreement. This means that everything accumulated between the start of the marriage and now is technically up for the division of marital property. This would include the business assets accumulated to an estimated $20 billion.

Why single fathers should have equal access to paternity rights

You're a good father. Or you want to be. However, the mother of your child is making it nearly impossible for you to spend any time with your child. Historically it has been difficult for unmarried fathers to preserve parental rights. However, times have changed and we at Michael D. Tracton PC believe fathers have every right to pursue their parental rights.

The first step in determining unmarried fathers' rights to visitation and paternity rights is establishing paternity legally with the court. When paternity is voluntary, and the parents are not marriedthis consists of the parents sitting down and signing paternity paperwork. If the paternity is disputed the legal process will include a DNA test to prove or disprove that the father is the biological father. Only after this process is completed can visitation and child custody be decided.

Why legal paternity affects your finances in Texas

Fathers who are unmarried to their child's mother may have a more difficult time gaining paternal rights as mentioned in our most recent blog. The legal significance of this paternity goes farther than just a father's name on his child's birth certificate. There are several legal benefits and implications that change the responsibilities of father and the relationship with his child.

There are a variety of ways for a father to claim paternity of a child. Involuntary paternity occurs when the mother, or the state, seeks to prove paternity of the child in a court of law. By contrast, voluntary paternity occur because the father actively seeks paternity of the child. The child can be related by blood or not; voluntary paternity occurs in situations such as the father marrying the mother of the child after the child is born (and signing a legitimization form).

Pets now a battleground for Texas divorce

In a previous post this blog has already discussed how pets can be protected during divorce from a violent spouse. It has becoming increasingly common for people to count their pets in their assets -- even listing pets in prenuptial agreements also known as "pre-pups." But when this wasn't thought of, it can be a rough-and-tumble argument over who gets to keep their furry friend.

Pet ownership has surged over the years totaling 179 million dogs and cats in homes across America, according to the Humane Society. Many Americans now endure a lengthy court battle to ensure they get to keep their furry companion. One of the most recently publicized pet custody battles occurred when a divorcing lesbian couple argued over custody of their miniature dachshund. One argued that it belonged to her because it was given as a gift and the other claimed it was hers because she financially supported the dog.

What state do you file for divorce in while in the military?

If you or your spouse is in the military there are some very important things to know. Firstly, military divorce is not like other divorces; the military has separate rules and regulations that make it a complex divorce. It is important to understand the restrictions or possible benefits to divorce with military deployment as a factor. Military divorce is governed by federal and Texas state law -- if applicable.

The first thing to know is in which state to file your divorce. Traditional couples need file in the state of residency -- but this restriction doesn't apply to military divorce. Couples in a military divorce can file in the state of residency for the spouse, the state where the military member is stationed or in the state where the military member claims legal residency. This gives the divorcing couple far more options as to where to file and can cause deliberation as to which state to choose.

'Parental gatekeeping' after divorce can harm the child

When parents in Texas divorce, it is not always a friendly case. Many times both parties harbor a great deal of anger and resentment towards each other, something that can eventually work its way into the parties' relationship with each other as parents. In the worst of scenarios, a concept some are calling "parental gatekeeping" takes place, adding more stress to an already heated situation.

Judge serves lien on Deon Sanders' Texas home after divorce

Having a high net worth does not guarantee a happy marriage. Even people with lots of money struggle with keeping their marriages intact and have their fair share of problems. The fairly public high net worth divorce between Deon Sanders and his ex-wife has been splashed across the tabloids again. This time a judge has supposedly put a lien on the home he owns in Texas for legal fees related to the divorce.

This is the one divorce that just won't die. Although everything is more or less finalized with the ex-Houston football star, Deon Sanders' divorce, his name still manages to show up in the tabloids. Reportedly, Deon still owes his ex-wife's attorney $275,000 in legal fees related to the divorce. The attorney has now filed papers that put a lien on his home until he pays his alleged debt.

How to divide debt in a Texas divorce

Wouldn't it be great if there was no debt to be settled during divorce? If the credit card or loan is filed jointly, then each party is equally on the hook for that outstanding debt. Creditors do not care about divorce decrees, so it is best to plan ahead for worst case scenarios when and if an ex-spouse doesn't pay. Here are some things to know about debt and how to protect oneself during and after a high asset divorce.

If possible the divorcing couple may want to liquidate any marital assets to pay off outstanding debts between. In scenarios where a spouse agrees to take on a portion of the debt, that debt should be moved to an individual account using a balance transfer; this will help protect the other spouse's credit score.