Michael D. Tracton Law Office PC

281-201-1481

Call For a Free Initial Consultation
Menu

Sugar Land Divorce Law Blog

Why getting a prenuptial agreement will protect your assets

Getting a divorce is never easy, but when it is a high net worth divorce, it can be especially difficult. High asset divorces involve disputes about the division of assets, child support and alimony and spousal support that may not always end with all parties receiving what they wanted. Even though these types of divorces lead to multiple disputes, these disagreements can easily be avoided if the necessary steps are taken prior to the two people entering the marriage.

How do sole and joint-managing conservatorships differ?

Couples experiencing a divorce who have children have more to figure out than how assets will be divided. In these situations, placement for the children is one of the most important things to be decided during the separation process. Along with child custody being determined by the court, sole-managing conservatorship or joint-sole conservatorship is also assigned to one of both parents.

How the amount of child support is determined in Texas

When any two people are getting divorced and there is a child involved, both child custody and child support need to be determined. It is not an easy process, but the ultimate goal is to determine a situation that works best for the child and allows them to maintain a relationship with each parent.

Same-sex marriage receives Supreme Court's attention

The U.S. Supreme Court recently heard oral arguments on same-sex marriage. In Texas, gay marriages are currently banned. All of the courts await a decision by the Supreme Court, expected in June.

At oral arguments, the first question was whether banning gay marriage is unconstitutional. One justice was concerned by the prospect of this decision being made by the Court rather than by the residents of each state. When an attorney representing states with gay marriage bans suggested that gay marriage would reduce the number of heterosexual marriages, most of the justices disagreed. The chief justice suggested that the issue may not be sexual orientation at all but rather sexual discrimination because a ban means that an individual is not allowed to marry a specific other individual because of their gender.

Understanding the legal issues surrounding frozen embryos

Texas parents may be interested in some of the legal issues surrounding frozen embryos. State courts are divided on how to approach these disputes.

Since the early 1980s, couples have been freezing pre-embryos in the event that one or the other will be infertile. Estimates of the number of frozen embryos currently in the U.S. vary from 600,000 to over a million. In 1984, the first baby from a frozen embryo was born. Since then, legal issues have cropped up surrounding what to do when there is a dispute over these embryos.

Swedish researchers find joint custody may be beneficial

Parents in Texas who are divorcing or who have never been married and must negotiate child custody may be interested in the results of a study from Sweden. According to the researchers, children whose parents do not live together may be more stable when they split their time between the households of both parents than when they spend most of their time with only one parent.

The study examined nearly 150,000 children who were either 12 or 15 years old along with reports of their psychosomatic symptoms and emotional disturbances such as headaches, dizziness and sadness. It found sleep problems were the most reported symptoms and that girls were more likely to report issues than boys. It also found that children whose parents had joint physical custody had fewer issues than children who lived with only parent. Children in nuclear families had the fewest symptoms.

Josh Hamilton divorcing wife in Texas

Texas baseball fans may be interested to learn that former Texas Rangers player Josh Hamilton recently filed for divorce from his wife in a Tarrant County court. According to court documents, Hamilton filed his divorce petition in February, and his wife filed her response in March.

After playing for five seasons with the Rangers, Hamilton signed a five-year $125 million contract in 2012 with the Los Angeles Angels. He injured his shoulder prior to this year's spring training and self-reported a substance abuse relapse that he self-reported. The team indicated it is not certain whether he will be able to return. He is owed $83 million for the remaining seasons under his contract.

Texas military divorce and child support

When a parent is going through a divorce with a military service member, the manner in which child support is determined and collected is an important consideration. While the Texas child support guidelines will generally be used by the courts to determine the amount of child support, people should make certain the judge understands how the pay may change with deployments as well as additional benefits the service member receives.

Prior to obtaining a child support order from a Texas family law court, the parent may collect child support from their spouse based on their military service. All military members are required to support their children, and each branch has its own guidelines regarding the amount that should be paid. The parent may contact the legal assistance division of the branch or speak with the military service member's commanding officer in order to start collecting child support.

Fathers fight for custody rights at Texas state capitol

On April 15, a group of Texas fathers went to the state capitol in support of a bill that would give judges the option of granting equal physical child custody in a divorce. One of the fathers supporting the bill says he has been fighting for more access to his young son for 10 years and that in the previous month, he saw him for only 48 hours.

Opponents of the bill say that an equal split will introduce too much disruption into a child's life. According to them, a child's best interests may be in conflict with the best interests of the child as they believe it is difficult for a child to go back and forth between both parents' homes. Furthermore, they say that it will introduce the opportunity for more litigation.

A look at changing beneficiaries after a divorce

Sugar Land residents who are looking for a divorce may be interested in some information about changing the beneficiary on accounts. The process is straightforward as long as the timing and method of changing the beneficiary is appropriate.

One of the main things that people often do after a divorce is to remove their former spouse's name as beneficiary on various assets, including insurance policies and retirement accounts. Because you generally cannot make this type of change to an account once the divorce process has begun, it is usually appropriate to wait until the divorce is finalized. While the change can be made before the divorce is filed, this may result in the former-beneficiary spouse being alerted to the change. This may bring up unwanted questions about the reasoning behind the change.