On behalf of Law Office of Michael D. Tracton, P.C. posted in Prenuptial Agreements on Thursday, February 16, 2012
The signing of prenuptial agreements is often associated with the protection of individual assets in case a marriage falters and ends in divorce. Attorneys agree that prenuptial agreements reduce time in court, but add that the agreements serve a larger purpose. Provisions within a prenuptial agreement address how marital assets are divided during a divorce settlement. The measures also may apply if one spouse dies.
With the divorce rate at 40 percent in the United States, more couples are considering prenuptial agreements. Seventy-five percent of American divorce lawyers say they have seen more prenups signed in the last half decade than in the more-distant past.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Divorce on Thursday, February 9, 2012
Texans who want to divorce but cannot afford an attorney may soon be given the chance to do it themselves with the use of standard divorce forms. Whether or when those divorce litigation forms will be used depends on the agreement of attorneys and lawmakers, who are currently battling over the issue.
The state high civil court assigned a group of attorneys to come up with an answer to the problem of helping poorer Texans find adequate divorce court representation. The task force set about creating basic divorce forms, similar to ones already used in more than three dozen other states.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Family Law on Thursday, February 2, 2012
A veteran of the Houston Police Department is out of a job and under investigation after being accused of bigamy. The 34-year-old homicide detective may have married his third wife before a divorce from his second marriage was finalized.
Internal police investigators are reviewing the evidence and legal issues surrounding the allegations. The 11-year Texas police officer faces serious criminal charges if it is proven he was knowingly married to two women at the same time.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Divorce on Thursday, January 26, 2012
Alimony is getting a hard look in many states where the laws have not been reviewed in decades. Activists for reform of spousal maintenance argue that marriages are no longer unequal economic partnerships. Some advocates are arguing for alimony to be done away with, while others believe limits are the answer.
The financial disparity between wives and husbands was much greater when some alimony laws were last changed. A generation or two ago, divorce was less common for couples in Texas and elsewhere. Wives were more likely to not work and were financially vulnerable if a marriage ended.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Child Custody on Friday, January 20, 2012
Communicating and cooperating with an ex-spouse may be the last thing a parent feels like doing after an emotionally draining divorce, but counselors encourage civility. Family law attorneys say divorced parents in Texas and elsewhere must keep the best interests of a child in mind.
Parents with child custody, support or visitation issues often forget that kids are bystanders. Watching the people they love separate, divorce and continue to argue increases a child's anxiety levels.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Divorce on Thursday, January 12, 2012
Living together is a popular precursor or alternative to marriage. Cohabitating couples often believe that an unmarried relationship offers a divorce-free dissolution option. What live-in partners may not realize is they already may be married under Texas law.
Nine states, including Texas, recognize common law marriage, according to the National Conference of State Legislatures. A couple in Texas may have an informal marriage without realizing it. Much depends on how the partners view the relationship and act when they live together.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Divorce on Friday, January 6, 2012
A report from the Pew Research Center found that marriage rates have fallen to all-time low levels with the number of married couples only slightly greater than singles. Those who do marry are also tying the knot later in life. A companion study published in December probed the reasons why couples in Texas and elsewhere are hesitating to marry.
The most-mentioned motive for marriage deferment among cohabitating couples in the Family Relations survey was divorce. More than 80 of the 122 couples interviewed voluntarily mentioned having anxieties about divorce, although the subject was never part of the survey. Sixty-seven percent of the single couples were concerned that a failed marriage would damage their emotional, social, financial or legal well-being. The overwhelming majority of couples looked forward to marriage cautiously, claiming that it was necessary to take time to find "the one" partner who would commit permanently.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Prenuptial Agreements on Friday, December 30, 2011
Wealth and fame do not guarantee that a spouse's divorce settlement is favorable or fair. Sometimes the mistakes of the very rich can teach those with fewer resources valuable lessons about settling property division during a divorce.
Kobe Bryant was the National Basketball Association's highest paid player last year. His nearly $25 million salary was supplemented by an extended Lakers' contract worth more than $83 million. Forbes magazine estimated Bryant's pre-tax income, including his NBA salary and endorsements, to be $53 million, excluding agent fees.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Child Support on Friday, December 23, 2011
A study recently released by the U.S. Census Bureau reveals that less than half of custodial parents get the complete amount of child support they are due. About 25 percent receives no child support, despite having formal or informal agreements with noncustodial parents.
When an ex refuses to live up to a court-ordered plan to provide financial help for children, state agencies offer child support enforcement. States are required to help parents collect back-owed support under the Social Security Act of 1975, but collection methods vary.
On behalf of Law Office of Michael D. Tracton, P.C. posted in Child Custody on Friday, December 16, 2011
Mothers and fathers were not always viewed as equals by courts in the matter of child custody. At one time, a divorcing mother could be nearly certain that she would receive custody because of the primary caregiver role she played in a child's life.
But fathers are no longer a family's sole provider. More mothers work outside the home and earn comparable or better money than husbands. Fathers share child-rearing responsibilities, and many of them want more than visitation privileges after a divorce.
