Divorce

Call it the law of unintended consequences.  A final divorce, which is certainly consequential, can have all sorts of surprising consequences. Some might be welcome, while others can result in havoc. Revocation of Beneficiary Designations One surprising consequence is the statutory automatic revocation of beneficiary and agent designations made before the divorce is final.  Life insurance is a perfect example. If you named your spouse as the beneficiary of your life insurance, then...

There is no question that divorce is a difficult, complicated process. Individuals going through a divorce must wade through mountains of documents, answer a flurry of questions, and in some cases, endure years of litigation before they receive their final decree. However, there are steps a divorce client can take to help the process flow more smoothly. When it comes to a lawsuit, preparation and organization go a long...

The division of property is a highly contested issue in most divorce cases. Individuals going through a divorce frequently inquire about protecting their assets, especially those they owned prior to the marriage. Common methods of asset protection are marital property agreements. A prenuptial agreement is not solely for lavish celebrity divorces; it is a useful tool that can clarify property ownership and prepare the parties in the event of...

By Jennifer Lynn Alcock, Paralegal Your petition for divorce has been filed. You are in the throes of Texas Family Law and Texas Civil Procedure. Your head is spinning and your to do list is growing. A good law firm will guide you through the divorce process but be aware that your participation will be required. One of the many possible participation opportunities for you will be creating an Inventory Sheet....

(This is the fourth in a series regarding probate procedures in Texas.) It took four courts and several years but, by gosh, justice was done in the case of Hennig v. Didyk. This story is about divorce, death and money. Matt and Wendy married and then divorced. In the divorce decree, Matt was awarded his employment benefits, including his life insurance. After the divorce, Matt logged onto the employer’s benefits system...

Sometimes despite our best intentions and the initial seriousness of our vows, marriage just does not work out, and divorce becomes the wisest course of action. In fact, approximately 75,000 couples divorce every year in Texas. If this is a situation you’re facing, we would like to provide answers to some of the more commonly asked questions about securing a divorce in Texas. 1. Do I have The Grounds to...

While the process of dividing marital assets might seem straightforward (just split everything you own 50/50, right?), most people don’t even know what are considered assets in a divorce. You might be surprised how complex it can become. Here’s how assets are divided in a divorce in Texas: everything you and your spouse own at the time of the divorce is considered “community property” by default, unless you can prove...

Revenge Of The Divorcing Spouse and Why Estate Planning Is A Must Warning: if you or a loved one are going through a divorce, this column contains content that might elicit a strong emotional response.    In Texas, you are either married or you are not; there is no half-way mark.  A marriage can only be ended by divorce, annulment or death. Estrangement, separation, divorce pending – none of those matter.   To say...

Attorney Carson Epes Steinbauer grew up in Fredericksburg, Virginia, and graduated from Hollins College with honors, receiving a degree in political science.  Raised by her parents along with 3 her sisters, she remembers fondly her father telling her at a young age that she could accomplish anything in life.  With that tenacity, she obtained her law degree from St. Mary’s University School of Law in San Antonio, Texas, and...

School is almost out, and children and parents alike eagerly await summer break. However, summertime can bring on the blues for families affected by divorce. With proper planning and communication, however, summer can be what it should be for everyone: fun, relaxing and memorable. Here are some tips to keep in mind if you or a loved one are dealing with divorce. Be a Better Co-Parent When temperatures rise, take meaningful...

The judge’s signature on your divorce decree does more than make you single –  it erases your ex-spouse from a slew of important documents. As of the date of divorce, the following occurs automatically: Your durable power of attorney – the powers granted to your ex-spouse are terminated. Your life insurance policy – your ex-spouse is removed as a beneficiary. Your bank account – your ex-spouse is removed as a...

Groom:  “I,____, take thee,_____, to be my lawful wedded Wife, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death us do part….” Have you ever thought how intertwined  those vows are in today’s world?  Especially the part linking “poorer” with “sicker.”   As the highly-paid policy wonks are fond of reminding...