Houston Divorce Law Blog

When a couple is thinking about getting married, they might want to consider entering into a prenuptial agreement first. While many people are reluctant to discuss these documents, they can be very helpful in providing assurances to the couple on what might happen if they are ever to divorce. No one enters into a marriage with the intent that it will end someday, but it can be useful to have a prenuptial agreement just in case.

Many times these documents can be worded to protect both people, and many times each person will have to seek out their own attorney to review their agreement. This might seem like a lot of work, but, as one couple recently found out, not having all the proper paperwork can result in an agreement being invalid. A court of appeals in another state ruled that a couple's agreement was void because the notary did not provide documentation that the identity of the husband was verified.

There are as many different family situations as there are families in Texas. That can make it difficult to determine what financial planning vehicles and state laws are appropriate for your particular divorce or other family law matter. Today we’ll take a look at how revocable trusts are handled in divorce.

There is a Texas statute that automatically modifies trusts after a divorce is finalized. So if your trust bestows some money to your spouse and you then get divorced, that gift is revoked. The same is true of gifts to stepchildren or other relatives of your former spouse.

Over the past several posts we’ve covered some basics of Texas divorce law, including residency requirements, basic definitions of divorce and the state’s no fault divorce law. In cases of high-asset divorce, whether one or both spouses are high earners, many people’s next concern is whether their financial well-being will be protected during the divorce process.

Each state has its own unique laws governing property division but most fall into one of two camps: equitable distribution states or community property states. In an equitable distribution state , an asset may belong to one spouse, both spouses in different amounts or to both spouses equally. In a community property state, on the other hand, all property acquired by either spouse is community, or shared, property. Texas is a community property state.

Last week we answered some basic questions about Texas divorce law, including questions about eligibility, jurisdiction and residency requirements. Basically, any married couple can get divorced in Texas if at least one party has lived in the state - and the county where they wish to divorce - for a certain period of time.

In this post we'll address some more basics, including Texas law on fault, some of the grounds for divorce and how they can affect the outcome.