Sabelhaus Lynch, PLLC

Fort Worth Family Law Blog

Addressing retirement in the property division process

Divorce will bring significant financial changes for both spouses, and it will likely require both parties to make some adjustments in lifestyle and future expectations. This is particularly true for retirement accounts. It may be prudent for a person facing the prospect of divorce to understand how the property division process works and what it could mean for his or her retirement plans.

When a Texas couples divorces, they will have to divide all marital property. This includes retirement savings accumulated over the course of the marriage, which can be a substantial amount if the couple was married for a long time. A person interested in protecting his or her interests in divorce will need to know what types of accounts are subject to division, their classifications and how money is paid out from those accounts.

Should a protective order require a background check?

Hopefully you never need a protective order. Yet, there are times when you may need a legal deterrent for someone who has threatened to harm you or your family. There are times that these orders have made a difference in a dire domestic situation.

While protective orders can help, recent events have raised the question if process of obtaining one could be better.

How your social media posts can affect your divorce

You may have already figured out (even if it was the hard way) that there are some posts you shouldn't make while you are going through a divorce.

As much as it might be nice to have your friends rally in your corner, it makes sense not to talk about your fights and paperwork battles on social media. But there are still more topics you should avoid posting about while you and your ex are negotiating your divorce.

Dividing marital property in divorce, including the family home

When a Texas couple decides to move forward with divorce, they will have to divide all of the property they purchased, accumulated or earned over the course of the marriage. This is often one of the most difficult aspects of the divorce process, particularly when it comes to valuable marital property to which people may have an emotional attachment. In many cases, this includes the family home.

A couple may opt to simply keep the family home and share expenses, deciding to wait and sell until after the children are grown and gone. After the children move out, they may then decide to sell and share the proceeds. In other situations, one spouse may buy out the other. This will allow that spouse to remain the home, which is sometimes a way to provide stability and continuity of lifestyle for the children.

How does a court determine child custody?

If you are a parent just starting the divorce process, one of your first thoughts may be about who will end up with custody of your child. If you and your spouse cannot agree on a plan, a court will determine child custody, legally called conservatorship, based on the best interests of your child.

There are two types of child custody in Texas. Joint managing conservatorship involves both parents sharing child care responsibilities. Sole managing conservatorship involves just one parent managing child care responsibilities.

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