divorce

Who Gets the Family Pet in a Divorce?

Published on: December 4, 2020 | by Spencer Page

confused dog
With an increasing number of couples having children in their 30s, or skipping having children altogether, pets are taking on a whole new role for many Texas couples: a temporary stand-in for children and sometimes even a permanent replacement. As a result, more Texas couples consider their pets to be members of the family now than ever before. Pets now accompany us to restaurants, sleep on memory-foam mattresses, and even have their own social-media accounts. However, when it comes to divorce, many Texas couples are understandably unsure what might happen to their “fur baby.” Will their pet be awarded to their soon-to-be ex-spouse, never to be seen by them again? Will the Court order shared possession of their pet, like it would a child? Is it possible to get court-ordered FaceTime sessions with a miniature poodle?

Pet Custody in Texas Divorce

While a few states, such as California, Alaska, and Illinois, have given legal recognition to the unique role that pets play within the family, Texas law still considers pets to be personal property in the divorce context. As a result, Texas divorce courts are unlikely to order shared possession of a pet like they would a child. In this regard, Texas divorce law creates a zero-sum game: either you are awarded the family pet or your spouse is. With this in mind, it is important to inform the Court to whom the family pet should be awarded and why.

Fraudulent Texas Partition or Exchange Agreement Found Unenforceable

Published on: November 25, 2020 | by Spencer Page

divorce-property-fraud

What is a Partition or Exchange Agreement?

In Texas, spouses can enter into agreements (often referred to as “partition or exchange agreements“) during marriage, partitioning community property between themselves. A partition or exchange agreement must satisfy several requirements to be valid and enforceable, including being signed by both spouses. However, when the stakes are high, some unscrupulous spouses may trick their unknowing partner into signing the partition or exchange agreement under false pretenses or, even worse, forge their partner’s signature. Recently, one husband did both.

Ninth District of Texas Court of Appeals

Dre Day: Without a prenuptial agreement, Dr. Dre and his wife, Nicole Young, might see their day in court

Published on: July 6, 2020 | by McClure Law Group

As a result of his illustrious career, Dr. Dre’s net worth currently sits at a whopping $820 million – but maybe not for long. After 24 years, Dr. Dre’s wife, Nicole Young, is filing for divorce from the producer, rapper, and hip-hop icon. Reports indicate that the couple did not execute a premarital agreement prior to their 1996 marriage, which opens up Dr. Dre to significant financial exposure. In the absence of a premarital agreement, California – a community property state much like Texas – provides that property accumulated during marriage is owned by the community estate. Put simply, all of Dr. Dre’s income during the marriage, from his royalties as a solo rapper to his profits from Beats by Dre, is up for grabs. This means that Dr. Dre could see his hard-earned fortune be split in half right before his eyes in the coming months. Continue Reading ›

Can my spouse kick me out of our house or keep me from moving out of our house?

Published on: June 26, 2020 | by McClure Law Group

Whether a celebrity or not, we all worry about many of the same core issues when facing a divorce – How do I protect my stuff (money, investments, real property, personal property) and how do I protect the kids.

Divorce in Texas after a Pandemic: What to Know

Published on: June 24, 2020 | by Jackson Olesky

As states begin to emerge from months of lockdown resulting from the COVID-19 pandemic, will there be an increase in divorce filings? This question is of particular interest in Texas, where state and local officials have started the process of easing quarantine restrictions. However, with much uncertainty as to the pandemic in the months ahead, the answer to this question remains unclear at the moment. So, should a potential increase in divorce filings effect your decision-making regarding your own divorce? Perhaps, an even more important consideration is not how many divorces there will be, but rather how filing for divorce changed since the pandemic began. Continue Reading ›

Collaborative Law: Creative Solutions for an Unprecedented Time

Published on: May 18, 2020 | by Francesca Blackard

Although courts are still open and conducting Zoom hearings, there is no doubt that many court cases are moving along more slowly than otherwise desired as a result of the COVID-19 pandemic. A potentially more practical and expedient method of divorce is collaborative law. Continue Reading ›

When Business and Pleasure Become Commingled

Published on: February 6, 2017 | by McClure Law Group

If your business partner is also your life partner, you need to consider a recent Texas high court decision. (read more)

Gonzalez v. Maggio, 500 S.W.3d 656 (Tex. App. – Austin 2016) is a Texas case that illustrates the complexities of ending a business partnership along side of ending a personal partnership. The Texas Court of Appeals reviewed how a husband and wife, who were also law partners, would divide their clients, fees, and remaining clientele.

The case arose out of a divorce in which the husband and wife had also formed a law partnership during their marriage. There was no written partnership agreement but it was undisputed that they shared in the capital, profits and losses 50/50.

Case Law Update on Invasion of Privacy in Texas

Published on: November 7, 2016 | by McClure Law Group

According to a recent case from the Texas Court of Appeals in Dallas, a spouse’s secret recording of the other spouse at a time when the other spouse believed he or she was in a private setting can support a tort claim for invasion of privacy. Continue Reading ›

What to Expect When You’re Expecting (& Divorcing)

Published on: August 30, 2016 | by Kaitlin Capetillo

Can a married couple get divorced in Texas while the wife is pregnant?

It is highly unlikely.

Most Texas courts will not grant a divorce to a married couple if the wife is pregnant. Instead, the couple will have to wait until after the baby is born to finalize their divorce, oftentimes causing significant delays to the already lengthy divorce process. This is the case even if the husband and wife both want the divorce and are in agreement on all issues.

Divorce and Taxes – What to do if your ex-spouse botched your joint tax return

Published on: May 31, 2016 | by Adam Mundt

In many families, one spouse takes primary responsibility for all the family finances, including the preparation of the joint income tax return. A joint income tax return may provide tax benefits to families that would not be available from filing two separate returns. However, in order to file a joint income tax return, both spouses are required to sign the return. The result of filing a joint tax return is that each spouse is joint and severally liable for any reported tax liability, along with any additional tax, interest, and penalties assessed on the return by the IRS. Even if the couple is later divorced, both spouses remain joint and severally liable for the total liability associated with the joint return. But is this fair to the spouse who did not handle any of the family finances? What if the spouse was also the victim of abuse or domestic violence and was prevented from accessing any of the family financial records?

Congress and the Department of Treasury have created Innocent Spouse Relief, which gives the innocent spouse the ability to request relief from the IRS for the joint liability associated with any additional tax, penalties, or interest assessed on the joint return. To qualify for Innocent Spouse Relief, the innocent spouse must meet all of the following conditions: