The Cook Law Firm & Associates, PLLCThe Cook Law Firm & Associates, PLLC2025-05-21T17:51:17Zhttps://www.oureasydivorce.com/feed/atom/WordPress/wp-content/uploads/sites/1203932/2024/06/cropped-CLF_FAV-v2-32x32.pngOn Behalf of The Cook Law Firm & Associates PLLC<![CDATA[High-Net-Worth Divorce Strategies in San Antonio]]>https://www.oureasydivorce.com/?p=471152025-03-11T17:31:18Z2025-04-07T14:29:14ZWhy Is Asset Valuation So Important in San Antonio Divorces?
When you have a high net worth, you likely own a variety of valuable assets. These can include real estate properties, business interests, stock portfolios, retirement accounts, art collections, or intellectual property rights. If you don’t properly identify and appraise each asset, you risk losing out on what you deserve.
In San Antonio’s community property system, most property acquired during marriage belongs to both spouses. That means you need clear documentation of what you own, when it was purchased, and how much it’s worth. Getting the asset valuation right is essential for an equitable division, whether you negotiate an out-of-court settlement or go to trial.
What Are Common Mistakes in Asset Division?
One big mistake is forgetting to value certain assets properly or failing to notice assets that a spouse might have hidden. High-net-worth divorces often involve complicated financial structures, like business partnerships, trusts, or shell companies. A spouse might try to move funds around so they appear less than they actually are. If you overlook these details, you could walk away with an unfair share.
Another error is skipping professional help. Even if you have a strong understanding of your finances, experts such as forensic accountants can find hidden assets and help you avoid common tax traps. Having an experienced San Antonio divorce lawyer by your side can also make the difference between a smooth process and months of legal battles.
How Do You Uncover Hidden Assets in San Antonio Divorces?
You might suspect your spouse is hiding assets if you notice unexplained money transfers, strange entries in bank statements, or sudden changes in business records. If you’re worried about hidden property, you should gather any financial paperwork you have. Speak with a San Antonio divorce attorney who can bring in professionals to audit bank statements, look through loan records, and track real estate holdings.
Texas courts don’t look kindly on a spouse who deliberately misrepresents their finances. If evidence surfaces that someone hid assets, the judge may order a larger share of the property to the other spouse or impose legal penalties. That’s why thorough investigation and documentation are so important.
Which Tax Issues Matter Most in a High-Net-Worth Divorce?
When dividing large amounts of property, you need to think about more than just who gets what—you also have to consider potential tax liabilities. Are you dividing investment accounts or retirement funds? You may face capital gains taxes or early withdrawal penalties. If you own real estate that has grown in value, the sale or transfer could trigger additional taxes.
If you’re dealing with a business, you might have to structure the buyout so that the company doesn’t end up saddled with a hefty tax bill. Working with a tax professional who understands divorce law can help you reduce the tax bite and avoid unpleasant surprises.
What About Protecting a Family Business?
Owning a business is often a major part of a high-net-worth divorce. If you want to keep running the business, you may need to buy out your spouse’s share or negotiate a trade. A detailed business valuation is key. Experts will look at cash flow, market conditions, existing contracts, and the goodwill the business has built up.
Some people also have business agreements (like buy-sell provisions) that control what happens if one partner divorces. Reviewing these legal documents carefully can save you time and help you plan how to handle the business interests fairly.
Are There Ways To Maintain Privacy in San Antonio Divorces?
Yes. Many high-net-worth individuals in San Antonio want to protect their financial details from the public eye. Public divorce trials can expose sensitive information. That’s where alternative dispute resolution (ADR) methods come in, such as mediation, collaborative divorce, or private judges.
These methods allow you to meet with your spouse, attorneys, and a neutral third party to settle matters outside of a public courtroom. This can keep your financial documents private and may also save time and money compared to a lengthy trial. However, you must be sure both spouses are willing to cooperate. If one spouse refuses to engage in ADR or tries to hide assets, you may still need a court’s involvement.
How Do You Protect Your Children’s Lifestyle?
If children are involved, you may be concerned about maintaining their standard of living. Children of high-net-worth parents might attend private schools, play expensive sports, or receive certain luxuries. Courts in Texas still follow child support guidelines, but they can consider additional expenses such as tuition or a child’s special medical needs.
If you plan to keep your child in the same school or maintain the same extracurriculars, you’ll want to negotiate these details as part of the divorce settlement. Both child custody and child support agreements can be customized in high-net-worth cases, though you might need to show the court why these arrangements serve the child’s best interests.
Should You Consider a Prenuptial or Postnuptial Agreement?
Many wealthy couples in San Antonio sign prenuptial agreements before marriage to define how property would be handled in a divorce. If you didn’t sign one, you might still think about creating a postnuptial agreement after you’re already married. While this isn’t right for everyone, it can provide clarity about each spouse’s financial rights and obligations.
A well-written prenuptial or postnuptial agreement can reduce stress if you later divorce. However, courts will only uphold these agreements if both parties were honest, understood the terms, and signed willingly. If there’s suspicion of coercion or hidden information, a court might dismiss the document and proceed with a standard asset division.
Ready To Protect Your Assets? Contact a San Antonio Divorce Lawyer
If you’re going through a high-net-worth divorce in San Antonio—or suspect one might be on the horizon—taking proactive steps now can save you time, money, and stress later. At [nap_names id="FIRM-NAME-1"], we know every dollar counts, especially when you’ve worked hard to build your wealth. Our team is committed to protecting your interests through thorough asset valuation, strategic negotiations, and, if needed, aggressive courtroom representation.
Do you have questions about taxes, business interests, or any other aspect of a high-net-worth divorce? Call Justin D. Cook at [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation. Let us show you how we can stand by your side as your dedicated San Antonio divorce lawyer, ensuring you walk away from your divorce with confidence and security.]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[Stepparent Rights and Responsibilities in Texas]]>https://www.oureasydivorce.com/?p=471142025-03-11T17:28:20Z2025-04-04T14:26:38ZWhy Are Stepparents Not Automatically Granted Legal Rights in Texas?
Under Texas law, stepparents are considered “interested third parties” rather than legal parents. Biological or adoptive parents usually hold the main decision-making powers about their child’s education, health care, and overall well-being.
Unless you take extra legal steps, you, as a stepparent, don’t automatically receive rights such as:
Making medical decisions for the child
Signing school forms or permission slips
Overseeing legal matters in the child’s life
This default rule protects the rights of the biological parents, who remain responsible for making key choices about their child. Even when you’re very involved in everyday activities—like helping with homework or cooking dinner—your formal authority may be limited.
Can Stepparents Gain Legal Standing in Texas?
Yes, they can—but it takes specific actions. Under the Texas Family Code, you might have what’s called “standing” to file a suit affecting the parent-child relationship (SAPCR). If you have cared for, controlled, and possessed the child for at least six months in a row and file a petition within 90 days of that period ending, you might ask the court for certain rights, like custody or visitation. However, this doesn’t mean the court will automatically grant those rights. You have to prove why it’s in the child’s best interest for you to have them.
Besides filing a SAPCR, another route is adoption. Stepparent adoption in Texas involves legally ending the rights of one biological parent (if that parent is still living and has rights to the child). Then, you, as the stepparent, complete the adoption process. If granted, you gain full parental rights—putting you on equal footing with the other parent who remains in the child’s life.
What Happens if the Biological Parent Objects?
In many stepfamilies, one biological parent retains custody, while the other might not be around or might disagree with a stepparent’s involvement. If the biological parent with custody objects to you having any official rights, the court might still consider your case if you can show you’ve played a significant role in the child’s life. However, courts usually prefer to respect the wishes of legal parents unless there is a clear reason to do otherwise—like evidence the child could be harmed if your relationship is cut off.
If you’re seeking custody or visitation after a divorce from the child’s parent, the court may allow some form of visitation if you prove the child will benefit from continuing a relationship with you. But these cases can be tough to win. Judges tend to believe that children are best served by the decisions of their natural or adoptive parents.
Does a Stepparent Have to Pay Child Support in Texas?
Typically, a stepparent in Texas does not carry a legal duty to support a stepchild. Child support laws generally focus on biological or adoptive parents. Even if you share household expenses, it doesn’t make you legally responsible for child support if your marriage ends.
However, the story changes if you adopt your stepchild. Adoption places you in the role of a legal parent, meaning you now have all the rights and obligations that come with parenthood—including potential child support payments if you later divorce the child’s other parent.
In certain cases, a court might look at a stepparent’s contributions when deciding on the total financial picture, especially if you’ve been a big part of the child’s life, but direct child support orders for non-adoptive stepparents are rare.
What Rights Does a Stepparent Have After Divorce or Separation in Texas?
If you and your spouse separate, and you haven’t adopted the child, your legal claims can be limited. Most of the time, the biological parent keeps control over where the child goes, what school they attend, and so on. While you can ask the court for visitation, you might face an uphill battle if the child’s parent does not want you involved.
That said, if you’ve been a significant caretaker and can show the child’s best interests are served by having you in their life, the court may grant visitation or limited involvement. Every case is different, and having legal representation can help you argue for your role in the child’s life.
If you have adopted your stepchild, you stand in the same position as any other legal parent. You’ll have the right to seek custody, visitation, or even child support if you’re the one caring for the child after a divorce. This is one reason many stepparents choose adoption—it clarifies everyone’s rights and can provide emotional security for the child.
How Does Stepparent Adoption Work?
Stepparent adoption is a formal legal process. In most cases, you must get the other biological parent’s rights terminated (either voluntarily or by court order). This might happen if the absent parent has abandoned the child or agrees to the adoption. Once that parent’s rights are terminated, you file paperwork and go through any required background checks or home studies. If the judge approves your request, you become the child’s parent in the eyes of the law—giving you all the legal rights and duties that come with raising a child.
The adoption route can be time-consuming and emotional, especially if the other parent refuses to surrender their rights. A knowledgeable Texas family lawyer can help you with each step, making sure you follow all legal requirements correctly.
Ready to Clarify Your Rights? Contact a Texas Family Lawyer
Whether you want to adopt your stepchild, seek visitation, or simply understand your role better, it’s important to know where you stand under Texas law. As a Texas family lawyer, Justin D. Cook is here to guide you through each step, whether you’re just curious about your legal limits or preparing for a more formal process. Having the right information can help you protect the bond you’ve built with your stepchild.
If you need help understanding your options or need legal support, reach out to us at [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form. Our team is ready to listen to your concerns, answer your questions, and advocate for the best interests of you and your family. Let us help you secure a stable future for both you and your stepchild.
]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[What is a contested final hearing?]]>https://www.oureasydivorce.com/?p=471202025-04-28T22:07:18Z2025-04-02T22:06:29Znavigate your divorce while protecting your interests.
What you need to know about a contested final divorce hearing
There’s a lot to know about a contested final hearing. And you have to have a full understanding of the process if you want to maximize your chances of success. That said, here are some key issues you should be aware of as you proceed with your divorce and head toward a contested final hearing:
Evidence will have to be submitted a specific way: Given that the court will have to issue a decision on key divorce legal issues during a final hearing, the rules of evidence will apply. This means you can’t rely on hearsay, and you have to lay proper foundations prior to admitting evidence. If you don’t know how to follow the rules of evidence and utilize them to your advantage, then you could be disallowed from presenting evidence that’s key to your position, and your spouse might be able to slip evidence past you. Don’t let that happen.
Notice must be provided: While either party can request a contested final hearing, adequate notice has to be given to the other spouse. State law requires at least 45 days’ notice to allow the other party time to formulate their response and their strategy. You have to make sure you follow the trial rules when it comes to providing that notice, too, meaning that there are specific ways that the notice must be given to your spouse.
You may be required to mediate: The court may require you and your spouse to sit down for mediation prior to proceeding to a contested final hearing. The hope here is that, with the assistance of a neutral third-party, you and your spouse will find mutually acceptable resolution that’ll avoid the need for trial and will save everyone, including the court, time and resources. When you head to mediation, you have to make sure you have a strong strategy so that you don’t wind up caving on issues that are important to you.
You’ll need evidence that speaks to the legal issues in play: There are multiple divorce legal issues that could be in dispute at your contested final hearing. You need to focus on gathering evidence that speaks to them. For example, if spousal support is on the line, then you should gather evidence about the other spouse’s ability to pay as well as the sacrifices you made during your marriage.
There’s a lot to think about when preparing for a contested final hearing. Not only do you have to build your own legal arguments, but you also have to anticipate those that’ll be raised by your spouse so that you can effectively counter them. As a result, now is probably the best time to start building your legal strategy so that you can position yourself to claim the post-divorce life that you envision for yourself.]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[How Does Texas Law Handle Pet Custody in Divorce]]>https://www.oureasydivorce.com/?p=471132025-03-11T17:26:24Z2025-04-02T14:25:12ZWhy Does Texas Consider Pets as Property?
Texas law categorizes pets as “personal property,” just like furniture, cars, or bank accounts. This might feel harsh if you see your dog or cat as a family member, but under the current legal framework, animals do not have the same rights as children in a divorce. Judges in Texas typically won’t set up custody or visitation schedules for pets the way they do for minors.
Because of this property-based approach, a judge will look at the pet the same way they look at other shared assets: determining whether it’s separate or community property, deciding which spouse should keep it, and whether one spouse should compensate the other for its value.
How Does Community Property Affect Pet Ownership?
In Texas, most of the property you and your spouse obtain during your marriage is considered “community property.” If you adopted or bought your pet while married, that animal is likely community property that belongs to both spouses. Separating community property can be tricky enough when you’re talking about real estate or savings accounts, but it gets more complicated when your “property” is a living, breathing creature.
If your pet is community property, a judge will have to decide who ends up with the animal if you can’t reach an agreement on your own. The judge may look at who spends more time taking care of the animal, whose home is more suitable for the pet’s needs, or even which spouse has a closer emotional bond. However, the law does not require judges to consider all the nuances you might expect with child custody cases.
When Is a Pet Considered Separate Property in Texas?
Sometimes, a pet is classified as “separate property.” This generally happens if:
You owned the pet before you got married.
Someone gave the pet to you as a gift (rather than both of you).
You inherited the animal from a family member.
If the pet is clearly separate property, you won’t have to split ownership or share it with your spouse. However, you’ll need evidence to show that the pet truly belongs to you alone—such as adoption papers, vet bills in your name predating the marriage, or other records showing you owned the pet before the wedding or received it as a personal gift.
Does a Judge Consider the Pet’s Best Interests?
Legally, Texas courts do not have to weigh what’s best for the pet in the same way they do for a child. However, many judges do look beyond the simple question of “Who owns the pet?” because they recognize the emotional stakes. A judge might consider:
Who was the primary caregiver? (Who fed, walked, or took the pet to the vet?)
Which spouse’s living arrangement is better for the pet’s size and temperament?
Are there children involved who are attached to the animal?
While these questions may be asked, remember that the law still views the pet as property. So it’s not guaranteed a judge will create a formal “visitation schedule” for your pet—even if that seems like a fair outcome to you.
Can We Work Out a Pet-Sharing Agreement?
Many couples decide to handle pet issues outside of the courtroom. Mediation or direct negotiation can be a great way to discuss your preferences for who keeps the dog, cat, or other pet and whether the other spouse can visit. Some ex-spouses agree on a schedule—one parent gets the dog on weekends, the other during the workweek, for instance—even though this arrangement is not formally ordered by the court.
Texas law doesn’t officially support “custody” or “visitation” for pets. However, you and your soon-to-be ex-spouse can create an informal agreement if you’re both willing to cooperate. That might include how to split vet bills, grooming costs, or other expenses. Although such agreements are not always enforceable in the same way as child custody orders, they can still provide clarity and help you both feel better about the outcome.
What Happens If We Can’t Agree on Who Gets the Pet?
If you and your spouse can’t reach an agreement on your own or through mediation, the court will decide who gets the pet. The judge may apply the same property division rules used for other community assets. Sometimes, the judge might decide the spouse who keeps the pet must offset the value of that pet by offering something else (like money or another asset) to the other spouse.
In rare cases, if the pet is very valuable—like a pricey show dog or a horse with significant worth—the judge may want an appraisal. This can feel strange, since many pet owners see their animals as priceless. Still, the legal system treats them as items that must be valued and allocated.
Key Texas Pet Custody Takeaways
Pets = Property in Texas: Legally, pets are handled like assets, not children.
Community vs. Separate Property: Pets acquired during marriage are often community property, while pets owned before marriage (or received as a gift/inheritance) are usually separate property.
Court Considerations: Judges might look at who cared for the pet, each spouse’s living situation, and the pet’s well-being—but they are not bound to treat this like child custody.
Negotiation & Mediation: Couples can reach their own pet-sharing or visitation agreements, though these may not be enforceable in the same way child custody orders are.
Legal Enforcement: If the divorce decree includes the pet’s ownership, you can enforce that in court. Otherwise, you have limited time to modify the decree.
Ready To Protect Your Pet Contact a Texas Divorce Lawyer Today
Dealing with pet custody can add stress to an already challenging divorce, but you don’t have to face this alone. At [nap_names id="FIRM-NAME-1"], we know how much your pets mean to you—and we’ll work to protect your rights and interests. Whether you need help proving that your pet is separate property or want advice on negotiating a fair pet-sharing arrangement, we have the knowledge to guide you every step of the way.
Call Justin D. Cook at [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation. Let us show you how a skilled Texas divorce lawyer can make all the difference in ensuring a smoother divorce process—for both you and your beloved pet.
]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[What Evidence Do You Need for a Texas Child Support Modification?]]>https://www.oureasydivorce.com/?p=471122025-03-11T17:24:47Z2025-03-31T14:23:29ZWhat Is a Child Support Modification?
A child support modification is a formal request to the court to change an existing child support order. The court will only allow a change if there has been a “material and substantial change in circumstances.”
This legal phrase means that something important has shifted since the child support order was first set or last updated. Examples might include a large drop in one parent’s income, a major increase in the child’s medical expenses, or a change in either parent’s health insurance situation.
Modifications go both ways: sometimes the paying parent (obligor) may ask to have payments lowered due to job loss, and sometimes the receiving parent (obligee) may ask to have payments raised if the child has bigger needs than before. Either way, you need solid evidence to show the court that your family’s financial circumstances have changed.
When Can You Request a Child Support Modification?
In Texas, you can generally file for a child support modification if:
There has been a material and substantial change in circumstances. This might mean a significant increase or decrease in a parent’s income, or a sudden change in the child’s medical or educational needs.
It’s a good idea to talk to a Texas family lawyer if you’re not sure whether you qualify for a modification. Even if it seems obvious that you need more (or less) child support, you’ll still have to prove it in court.
Why Does Evidence Matter for a Modification Case?
Child support is taken seriously by Texas courts, and the judge will want to see real evidence that supports any request to change an existing order. Without proper proof, the court might refuse your request or rule against you. You need to collect and present the right documents, records, and testimony to show why the child support order should be changed.
The most common type of evidence for child support modifications is financial. However, it can also include details about the child’s health, education, or living situation. Collecting strong evidence can be time-consuming, so you’ll want to start as early as possible if you’re thinking about filing for a modification.
What Kinds of Evidence Should You Gather?
The court looks at many different pieces of evidence when deciding whether to modify child support. Below is a list of key evidence to consider:
Changes in Income: Pay stubs, tax returns, and employer letters can prove a significant rise or fall in one parent’s earnings.
Child’s Additional Needs: Medical bills, doctor’s notes, or receipts for therapy can show the child now has higher expenses.
Health Insurance Changes: Insurance statements or policy details that reflect big cost shifts or coverage changes.
Residence Changes: Lease agreements or proof of a new address might be relevant if the child’s cost of living has shifted.
Three-Year Rule: Records showing the date of your last order and the current calculation of support under Texas guidelines.
How Do Changes in Income Affect Your Case?
Income changes are one of the most common reasons people request a child support modification. If you lose your job or start earning significantly less, you may not be able to keep up with your current child support payments. On the other hand, if you receive a substantial raise, promotion, or start earning more from a side business, the other parent might ask the court to increase your payments.
However, you need solid documentation. Pay stubs and W-2 forms can show consistent changes in pay, while letters from an employer or proof of unemployment can back up a claim about income loss. If you’re self-employed or a contractor, you may need to provide bank statements or tax returns to show your new earnings accurately.
What If the Child’s Needs Have Changed?
Sometimes, it’s not a parent’s income that changes, but the child’s needs. A child might develop a medical condition requiring expensive treatments, or a teenager might have special educational needs. If your child’s life has changed in a way that increases or decreases their expenses, you can point to this shift as a reason for a child support modification.
For example, if your child needs braces, frequent hospital visits, or ongoing therapy, keep all receipts and medical bills. If there are special education fees or private school tuition you now have to pay, collect enrollment documents, invoices, and any official recommendations from teachers or healthcare experts.
Do Health Insurance Changes Make a Difference?
Yes. Health insurance coverage (or lack of coverage) can heavily influence a child support modification. If you or your ex-spouse now have better (or worse) health insurance options, that might alter who pays for the child’s medical needs and how much support is needed. Sometimes, a parent’s job-based insurance changes dramatically—for better or worse—and that can shift the costs of the child’s care.
It’s a good practice to keep copies of your insurance policy, premium statements, and any communication from your employer about coverage changes. That way, you’ll have proof if you need to show the court you’re suddenly paying out-of-pocket for what was once covered.
How Do Residence Changes Affect Child Support?
Where the child lives can impact everyday expenses, from housing costs to school expenses. If the child moves to a more expensive area or one parent relocates, that can change the cost of providing for the child. Courts are particularly interested in who has physical custody (where the child sleeps most nights) and how many days each parent has the child.
If you or your ex-spouse have moved, or your child’s living arrangement has changed, gather documents like lease agreements, school enrollment forms, or updated addresses on official documents. These can show that the child’s day-to-day costs and environment have shifted.
Ready to Pursue a Child Support Modification? Contact a Texas Family Lawyer
Seeking a child support modification can feel overwhelming, especially when you’re busy with work, kids, and everyday life. You don’t have to handle it alone. At [nap_names id="FIRM-NAME-1"], we understand that your child’s well-being is your top priority. Whether you’re looking to increase support to cover new expenses or decrease it after losing your job, our team is here to help you gather the right evidence and present a strong case to the court.
If you’re ready to learn more, call [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation with a Texas family lawyer. Let us show you how we can protect your family’s interests and advocate for the child support arrangement you need.
]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[How Long Does a Texas Divorce Really Take?]]>https://www.oureasydivorce.com/?p=471112025-03-11T17:23:09Z2025-03-28T14:21:46ZTexas divorce attorney assess what you might expect in your case.
What Is the Minimum Waiting Period in Texas?
One of the main rules to keep in mind is the 60-day waiting period set by Texas law, found in Section 6.702 of the Texas Family Code. Once you file your petition for divorce, the clock starts ticking on this waiting period. The state created this rule to give spouses time to reflect and possibly reconsider. It is sometimes called a “cooling off” period because it requires a bit of breathing room for both parties.
The law is clear that a divorce cannot be granted until at least 60 days have passed. While some people hope to bypass it, the waiting period is usually enforced. If a judge signs a final divorce decree too soon—before the 60 days are up—the divorce might be challenged through a direct appeal.
This means you could face legal complications if you rush the process. However, there is one notable exception: if the divorce involves certain types of family violence, the waiting period can be shortened or waived.
Are There Exceptions to the 60-Day Rule in Texas Divorces?
Yes. Texas recognizes that situations involving family violence are unique. If the person filing for divorce (the “petitioner”) has a protective order or emergency protection order against the other spouse due to violence that occurred during the marriage, the 60-day waiting period may not apply.
The same can be true if the other spouse has been convicted or put on deferred adjudication for a family violence offense. In such cases, judges can speed up the timeline to better protect the victim.
Outside of these specific scenarios, the 60-day wait is mandatory. This cooling-off period is not just a formality; it is a legal requirement designed to protect all parties and ensure that the decision to divorce is not made hastily.
How Long Do Uncontested Divorces Typically Take in Texas?
An “uncontested divorce” means you and your spouse agree on all major issues like property division, child support, and custody arrangements. Because there is no disagreement to work out in court, uncontested divorces often move faster than contested ones.
However, even uncontested divorces are subject to the 60-day waiting period. According to various Texas administrative rules—such as Tex. Dist. Ct. Burleson Cty Lr 7 and Tex. 1st Admin. Jud. Region Lr 10—the aim is to finalize uncontested divorces within three months of the appearance date or three months after the waiting period expires, whichever is later. In many simple cases, people can wrap up their uncontested divorce shortly after the 60-day period is over, assuming all paperwork is in order and schedules allow.
Of course, there can be bumps in the road. Paperwork might be incomplete, or court dockets might be full, causing delays. But in a best-case scenario, an uncontested divorce in Texas can be resolved in about 60 days from the date you file, give or take the time needed for administrative or scheduling tasks.
What About Contested Divorces in Texas?
If you and your spouse cannot agree on important details—like how to split assets, how to handle child custody, or how much spousal support to pay—your divorce is considered “contested.” Contested divorces typically involve more court hearings, negotiation, or mediation. Because of these extra steps, they usually last longer.
Texas court rules say that contested family law cases should reach a final resolution or go to trial within six months of the appearance date, or six months after the 60-day waiting period ends—whichever is later. Even with these guidelines, a variety of factors can extend that timeline, such as:
Difficulty serving your spouse with legal paperwork
Complex financial or property issues
Scheduling conflicts with the court
The need for child custody evaluations or mediation
In many contested cases, it is not unusual for a divorce to take anywhere from six months to a year (or even longer) if the disagreements are very complex.
What Is the Appearance Date?
Sometimes you will hear mention of an “appearance date.” This is usually the deadline by which the respondent (the spouse who did not file the divorce petition) must file an answer. After that point, the court expects both parties to move toward a resolution.
If the case is contested, the court aims to have it settled or go to trial within six months of that date (or six months after the 60-day waiting period, whichever is later). For uncontested cases, the court would like to finalize things within three months of that date (or three months after the 60-day waiting period, whichever is later).
The goal behind these rules is to avoid letting divorce cases drag on for years. Judges want to keep the docket moving and help families find closure as efficiently as possible.
Does Court Scheduling Affect the Divorce Timeline?
Absolutely. Court availability is a real factor in how long your divorce will take. Even if you and your spouse are prepared to go to court, you might have to wait for an open hearing date. Busy courts can mean that your divorce hearing or trial is scheduled months down the road. This can be frustrating, but it is often out of your control.
To minimize scheduling issues, it is vital to file all your paperwork correctly and on time. Missing deadlines or turning in incomplete documents can result in longer delays. Working with an experienced Texas divorce lawyer can help ensure your case stays on track.
What If Residency Requirements Are Not Met Per Texas Law?
Texas law requires at least one spouse to have been a domiciliary (resident) of Texas for six months and a resident of the specific county (like Bexar County, if you are in the San Antonio area) for 90 days before you file for divorce. If you file too early—before meeting these residency requirements—you will have to amend your paperwork later, which can reset timelines and add confusion.
In other words, if you are new to Texas, you might need to wait until you fulfill these residency requirements before you can even start the 60-day waiting period. This could extend the overall timeline. Some people choose to separate informally until the residency requirements are satisfied.
How Do You Keep Your Divorce Moving in Texas?
Below is a quick list of steps you can take to help your divorce process move along as quickly as possible. Keep in mind there is only so much you can control—especially if you have a contested case—but being prepared can reduce delays:
File Correctly and Completely: Make sure all initial paperwork is done right, including showing you meet the residency requirements.
Respond Promptly: If you receive any documents or requests from your spouse, answer quickly to avoid unnecessary delays.
Gather Financial Documents Early: Get all bank statements, tax returns, and other paperwork organized ahead of time.
Aim for Cooperation Where Possible: Even if you have differences, try to agree on smaller issues, which can save time in court.
Consider Mediation:Mediation can help resolve disputes faster and with less conflict than a full-blown trial.
Hire an Experienced Lawyer: A Texas divorce lawyer can make sure you follow all rules and deadlines while protecting your interests.
Could a Divorce Take Longer Than Six Months in Texas?
Yes, it can. While the court’s goal for contested cases is six months from the appearance date (or from the end of the 60-day waiting period), some divorces simply need more time. High-asset divorces, complicated child custody matters, or uncooperative spouses might stretch your timeline beyond the typical target.
Even uncontested divorces can take longer than 60 days if you have trouble scheduling a hearing or finalizing documents. Realistically, you should be ready for potential bumps in the road. The best approach is to work with an attorney who can help navigate any hurdles as they come up.
When Does the Divorce Become Official in Texas?
Your divorce is official once a judge signs the final divorce decree. That decree sets out all the important details, like property division, child custody, child support, and spousal maintenance (if any). Until the decree is signed, you remain legally married—even if the waiting period has passed or you have started living separately.
After the judge’s signature, you are divorced. You can request certified copies of the decree for your records or to handle tasks like changing your name or updating financial accounts.
Need Help with Your Texas Divorce? Contact [nap_names id="FIRM-NAME-1"]
At the end of the day, your divorce will take at least 60 days—longer if contested or if other complications arise. Knowing the rules and procedures can help you feel more prepared, but it is still easy to feel overwhelmed.
That is where [nap_names id="FIRM-NAME-1"] comes in. Texas divorce lawyer Justin Cook has the knowledge and experience to help you succeed in the divorce process.
Call [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation. We will walk you through every step, keep your case moving forward, and make sure your rights and interests are protected. Let Texas divorce attorney Justin Cook help you find a path to the next chapter of your life.
]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[3 issues that can complicate military divorces]]>https://www.oureasydivorce.com/?p=471192025-03-28T11:58:19Z2025-03-28T11:58:19ZDelays in divorce proceedings
Some people file their divorces at a specific time in the hopes of securing more control over the process. People married to service members might attempt to initiate divorce proceedings while they are deployed or actively training. In such scenarios, the service member spouse may not be able to respond appropriately or attend family court proceedings.
Service members may need to invoke the Servicemembers Civil Relief Act to delay the divorce until they can give it their full attention and be physically present. Typically, service members can request delays that last until they return from training or deployment. They may have up to 60 days after that day to prepare before the divorce proceeds.
Custody complications
When military divorces involve minor children, the spouses may need to proceed very carefully. The custody arrangements may need to include terms for a variety of circumstances. Service member parents may want to request virtual visitation during training or deployment. They may also need to update the family care plan that they have on record so that the chain of command is aware of their new family circumstances.
Benefits issues
Service members receive a number of valuable benefits that they may need to address when they divorce. Military pensions may be subject to division. Service members may need to notify their chain of command about changing family circumstances to modify their various benefits. Non-military spouses may also need to prepare for the termination of any military benefits that they receive, including housing benefits and Tricare medical coverage.
Learning more about the rules that apply during Texas divorces and military divorces in particular can help people as they prepare. With attention to detail and the right focus, service members and their spouses can navigate divorce successfully.]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[Military Deployment Impact on Texas Custody Arrangements]]>https://www.oureasydivorce.com/?p=471102025-03-11T17:21:28Z2025-03-26T14:20:08ZTexas family lawyer Justin Cook is here to guide you.
How Does Military Deployment Affect Your Parenting Rights in Texas?
When a conservator (the legal term for a parent with certain custody rights) in Texas is sent on military deployment, mobilization, or temporary duty that involves moving far from home, it can disrupt normal parenting arrangements. Texas recognizes that this disruption is not the same as a routine life change, like switching jobs. As a result, the law allows parents to ask the court for temporary orders to address custody, visitation, and even child support without the typical requirement to prove a major change in circumstances—because the deployment itself counts as the change.
According to Sec. 153.702 of the Texas Family Code, you do not have to show any other grounds besides the deployment itself to request these temporary changes. This is meant to give military families peace of mind, knowing they can adapt to their new situation while also staying within the boundaries of the law.
What Are Temporary Orders for Deployed Parents in Texas?
Temporary orders are short-term changes to your existing custody arrangement. These orders can say who the child lives with, how visitation works, and how child support should be paid during the parent’s absence. When the deployment ends, the orders expire, and the original custody terms come back into effect—unless the court decides otherwise.
For instance, if you have the child most of the time but are sent overseas for six months, a temporary order could name someone else to look after your child during that period. This “designated person” could be the other parent or another trusted adult. However, it is important to remember that if the person appointed is not a parent, Sec. 153.702 says that person will not be required to pay child support for the child.
Can Another Person Exercise Your Custody or Visitation Rights in Texas?
Sometimes, a deployed parent wants a relative or close friend to spend time with the child in their place or maintain some aspect of their parental role. The law allows for this option through something called a “designated person.” Under Sec. 153.703 of the Texas Family Code, if you have the exclusive right to decide the child’s primary residence but have to deploy, the court can appoint someone to fulfill that role temporarily.
While the other parent often has first preference if they are suitable, you can propose a person you trust if giving custody or visitation directly to the other parent is not in the child’s best interest. The court’s priority is always what best supports the child’s emotional and physical well-being. If the court agrees with your choice, that designated person can exercise certain custody rights until you return from deployment.
What Happens to Child Support During Deployment?
Child support can also be adjusted through these temporary orders. For example, if the deploying parent is the one who pays support, the court might modify the amount based on changes in income or living expenses. Conversely, if the deploying parent is the one who usually receives child support but cannot provide day-to-day care during deployment, the court might shift payment responsibilities temporarily.
Sec. 156.105 of the Texas Family Code confirms that a court can modify child support orders when a parent’s military duty affects their ability to care for the child. These changes are designed to be fair and proportional to each parent’s responsibilities and needs. After the deployment, the court can revert to the original arrangement or make new orders as needed.
Do You Need to Prove a “Material and Substantial Change”?
In most custody cases, if you want to change a court order (like who has primary custody or how much time each parent spends with the child), you must show that something “material and substantial” has changed since the judge entered the last order. But when military deployment is involved, Sec. 153.702 and Sec. 156.105 allow courts to grant temporary changes based solely on the deployment, mobilization, or temporary military duty.
Here is the important difference:
Regular Custody Modifications: You must show a material and substantial change in circumstances (e.g., a big move, job loss, or new child health issues) to modify the order.
Deployment-Related Changes: You do not have to prove anything more than the fact you are being deployed, mobilized, or assigned to temporary duty in a new area.
Once your deployment ends, these temporary orders go away, and the original terms apply again. If one parent believes that more permanent changes are necessary, they can file a traditional modification request, which would require proof of a material and substantial change—beyond the deployment itself.
What If You Need Extra Visitation After Returning from Deployment?
Active-duty parents often miss valuable time with their children. To make up for that, Sec. 153.709 allows the deployed parent to request “additional periods of possession or access” upon returning. The court will look at:
How much time the parent missed during the deployment
Whether a “designated person” was caring for the child during that time
The child’s current schedule and needs
Based on this, the judge may allow extra parenting time to help the deployed parent bond with the child again. This is not automatic, but the court recognizes that extended absences can be hard on parent-child relationships.
Can You Request an Expedited Hearing If You Are Deployed?
Yes. Sometimes, military duties make it hard to show up for a regularly scheduled hearing. In that situation, Sec. 153.707 of the Texas Family Code says that the court may allow an expedited (or fast-tracked) hearing. You will need to show good cause—usually that your deployment schedule does not let you come to court on the normal date. If granted, this means you can take care of custody issues quickly before you leave or during a short break from duties.
This option prevents delays from making things worse. It is especially helpful if your deployment date is coming up soon and you need temporary custody orders settled before you go.
What Steps Should You Take If You Are Facing Deployment?
Below is a list of steps that might help you navigate custody when facing military deployment:
Review Your Existing Orders: Check what your current custody and visitation arrangement says.
Give Notice as Soon as Possible: Let the other parent (or your co-conservator) and the court know about your deployment, if required by your order.
Seek Temporary Orders: File a request with the court to establish or modify custody, visitation, or child support temporarily.
Designate a Trusted Caregiver: If you have the exclusive right to decide your child’s primary residence, consider appointing a designated person to care for your child while you are gone.
Look into Expedited Hearings: If deployment is imminent and you cannot attend the normal court date, ask the court for an expedited hearing.
Keep Records: Document all communications, orders, and changes made to help avoid confusion later.
Taking these steps can make the process smoother for everyone involved. Courts appreciate parents who are proactive and forthcoming with details about their military status and how it might affect their children.
Is Deployment Alone Enough to Permanently Change Custody in Texas?
No. Texas law tries to ensure that service members do not lose their parenting rights just because they serve their country. Deployment is a unique but temporary situation. So, once you return to your usual residence, the temporary orders automatically end. Everyone’s rights and duties usually go back to what they were before—unless the court finds that a permanent change is in the child’s best interest.
For a permanent shift in custody arrangements, the parent seeking the change must still prove a material and substantial change of circumstances beyond the deployment itself. Examples might be that the child’s living situation changed drastically or that the returning parent cannot provide a stable home. The court will look at the entire picture.
What If You Are the Non-Deploying Parent?
If you share custody with someone who is about to deploy, you can request temporary orders, too. The law applies to either conservator, so you can file a motion if you think changes are needed for the child’s well-being. Sometimes, the non-deploying parent wants more visitation while the other parent is away, or they might have concerns about a designated caregiver chosen by the deploying parent.
However, keep in mind that the court will not automatically give you permanent custody just because the other parent deploys. The focus is on what arrangement works best for the child until the deployed parent returns.
Looking for Legal Guidance? Contact [nap_names id="FIRM-NAME-1"] Today
Military deployment can throw a wrench into your family’s routine, but it does not have to cause chaos. Texas laws provide special options so you can protect your relationship with your child—or step in to care for the child while the other parent is serving. If you need assistance navigating custody, visitation, or child support issues during a military deployment, reach out to a Texas family lawyer at [nap_names id="FIRM-NAME-1"].
Call [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation. We understand the demands of military life and are dedicated to helping you find the best solutions for your family. Let our experience and personalized approach guide you through this challenging time, so you can focus on your service and your child’s well-being.]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[Navigating Texas Adoption Requirements for Military Families]]>https://www.oureasydivorce.com/?p=471092025-03-11T17:19:51Z2025-03-24T14:18:16Z[nap_names id="FIRM-NAME-1"] can help guide you.
What Are Some Concerns Military Families Have About Adoption?
Military families often move from base to base. This constant relocation might raise concerns about meeting residency rules in Texas or showing that you have a steady home environment. You might also worry that judges will see your deployment history or upcoming moves as signs of instability.
However, Sec. 162.0025 of the Texas Family Code says you cannot be treated negatively just because you serve in the armed forces (including the Texas National Guard, another state’s National Guard, or a reserve component). In other words, your service to your country should never keep you from growing your family through adoption.
Who Is Allowed to Adopt in Texas?
Under Sec. 162.001, almost anyone can adopt a child as long as they meet certain conditions—this includes single people, married couples, and stepparents. The child must be legally free for adoption, which usually involves ending the parental rights of both birth parents, unless you are doing a stepparent adoption (where one parent is still active and wants their spouse to adopt).
Texas also requires that you file your adoption case in the proper court. If you are on active duty and stationed in Texas (or if your spouse or partner meets the Texas residency rules), you can still adopt here. The usual requirement is that you or your spouse must have lived in Texas for six months and in the same county for 90 days before filing the adoption paperwork. Sometimes, if you left Texas for military service but always meant to return, you may still be considered a Texas resident.
Does Your Military Status Affect Your Eligibility to Adopt a Child in Texas?
According to Sec. 162.0025, the law says judges and adoption evaluators cannot count your military background against you. They cannot say, “We will not allow this adoption because the petitioner is in the military.” Instead, they must treat your file just like any other prospective adoptive parent’s. This helps ensure you get a fair shot at building your family, regardless of deployments or transfers.
That said, a judge will still want to see that you have a stable and loving home. Being in the military does not automatically guarantee approval, but it is also not a strike against you. You will go through background checks, home studies, and the usual processes, just like every other family.
What Are the General Adoption Requirements in Texas?
Aside from your military status, you must follow the regular rules for adoption in Texas. Sec. 162.002 mentions some of these prerequisites:
Both Spouses Must Join: If you are married, your spouse must be part of the adoption case. You cannot adopt a child in Texas without your spouse also signing on, even if that spouse is overseas with the military. There are rare exceptions where a court might waive this, but usually both spouses participate.
Verified Compliance: You must include a statement in your petition saying you have followed the legal procedures (listed in Subchapter B) or explaining why you could not follow them. This helps the court see that your adoption paperwork is in order.
Child Status: 162.001 sets out that the child must be free for adoption, meaning the birth parents have lost or given up their parental rights, or that you meet certain conditions for stepparent adoption (such as one birth parent being deceased or having no legal rights to the child).
Does the Child Need to Consent to the Adoption?
If the child is 12 or older, then Sec. 162.010 says the child typically must sign a written consent. However, the court can waive this rule if it believes that the child’s refusal is not in their best interest.
For example, if the child is scared or upset due to misinformation, the judge can decide to proceed without the child’s signature. But in most cases, older children do have a say in whether they want to be adopted.
This requirement applies to all families, military or not. It is part of making sure the child’s feelings and preferences are respected during such an important life change.
Do I Need the Consent of a Managing Conservator or Birth Parent to Adopt a Child in Texas?
If the child has a managing conservator (a person appointed by the court to care for the child), that conservator’s written consent is typically needed. But the court can waive this if the managing conservator refuses or revokes consent without a good reason.
Likewise, if you are married to the child’s parent, that parent must join in the adoption petition, but you do not need further consent from them—they are already part of the process. This step is often relevant in stepparent adoptions, where one spouse is the birth parent and the other spouse is adopting.
Can You Adopt a Child in Texas if You Are Deployed Overseas?
One unique challenge for military families is deployment. If you are stationed abroad, can you still adopt in Texas? Generally, yes. The biggest hurdle might be attending hearings or completing the required home study while you are far away. However, the law and courts often make allowances for service members.
You may be able to:
Appear by video for some parts of the process (depending on the court’s rules).
Have your spouse represent you if both of you are adopting, though you might still need to provide additional forms or affidavits.
Request a scheduling arrangement that accommodates your deployment, so you have time to gather the necessary documents and handle your obligations stateside.
The key is to communicate your situation with your attorney and the court. This ensures the judge knows why you cannot appear in person and can make other arrangements.
How Can Military Families Prepare for the Texas Adoption Process?
Below is a list of steps you can consider to make the Texas adoption process smoother:
Check Residency Requirements: Confirm that you meet Texas’ six-month residency rule (or that your spouse does).
Gather Documents Early: Collect birth certificates, marriage licenses, military ID, proof of home address, and any relevant military paperwork.
Plan for Deployments: If there is a chance you or your spouse will be deployed, coordinate with your attorney about possible hearing dates and remote participation.
Budget for Fees and Home Studies: Adoption often involves costs like legal fees, agency fees, and home-study expenses.
Explore Post-Placement Support: Ask about local resources, especially if you might move soon. Many military bases have family support programs that can guide new adoptive parents.
Stay Flexible: Moves and military schedules can shift quickly. Keep your attorney updated so the adoption timeline can adapt.
Do Texas Courts Ever Deny a Military Family’s Adoption?
While courts will not reject you solely because you are in the military, they can still deny an adoption if:
You do not meet the general adoption requirements (like if the child’s legal status is not fully settled).
The home study or background checks raise serious concerns.
The judge believes the adoption is not in the child’s best interest for other reasons.
In other words, your military status is not a free pass, but it is also not a strike against you. As long as you fulfill the usual criteria—providing a loving, stable environment and adhering to Texas adoption laws—you should have as much chance at a successful adoption as any other family.
Ready to Start Your Adoption Journey? Contact a Texas Family Lawyer Today
If you are considering adoption as a military family, do not let worries about deployments or Texas residency rules stand in your way. At [nap_names id="FIRM-NAME-1"], we believe every family deserves the chance to grow, no matter where life’s duties take them.
Call [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation with a Texas family lawyer. Let Justin Cook guide you through Texas’ adoption requirements, handle the paperwork, and ensure your process runs smoothly. We understand how important this step is for you and your future child, and we are dedicated to helping you make your dream of adoption a reality.]]>On Behalf of The Cook Law Firm & Associates PLLC<![CDATA[What Happens to the Family Business in a Texas Divorce]]>https://www.oureasydivorce.com/?p=471082025-03-11T17:18:02Z2025-03-21T14:16:24ZTexas family lawyer Justin Cook is here to help.
Is the Family Business Community or Separate Property in Texas?
In Texas, any property acquired during the marriage is typically considered “community property.” That means both spouses share ownership.
On the other hand, property you owned before the marriage or received by gift or inheritance is usually “separate property.” In a divorce, the family business might be presumed community property if it was formed or substantially grown during the marriage.
Proving an asset is your separate property requires “clear and convincing evidence.” This can be a high bar to meet. You might need to show old business formation documents, bank statements, or other records. If you cannot prove that you owned it—or owned a part of it—before the marriage or that it came to you by gift or inheritance, the court will assume it belongs to both spouses.
What Is a “Just and Right” Division?
Texas courts aim for a “just and right” division of the marital estate. This does not always mean an exact 50/50 split. In fact, judges can consider various factors when deciding who gets what.
For instance, courts may look at:
Each spouse’s earning potential
Length of the marriage
Financial needs and obligations
Any children who still need care
If the judge decides one spouse should keep the business, the other might receive different assets—or even a financial payout—to keep things fair.
How Do Courts Value the Business?
To divide a business fairly, you need to know its worth. Valuation can be tricky. The company’s value is generally set at the date of divorce, according to Handley v. Handley. Courts might look at past earnings, market conditions, and business assets. Sometimes, attorneys bring in professional appraisers or accountants to do a detailed valuation.
When deciding on a value, it is important to consider not just money in the bank but also the “goodwill” of the business. Goodwill is the reputation or relationships that help the company thrive. It can be intangible but still has value in a divorce proceeding.
Can One Spouse Keep the Business?
Often, yes. If one spouse is deeply involved in the company’s daily operations, the court might give ownership to that spouse. However, the other spouse should get something of equal value, such as cash, retirement accounts, or other property. This way, both spouses walk away with a fair share.
Courts have wide discretion here. If one person started the company and has the expertise to run it, awarding the entire business to that spouse may make sense. Still, the judge will want to compensate the other spouse for their share. This sometimes involves a structured payment plan spread over months or years.
What If Both Spouses Want to Continue Running the Business?
Sometimes, divorcing spouses can still co-manage the company peacefully. If that is the case, a court could let both spouses remain owners and run the business together. This can be risky if emotions are high. It requires strong communication, a clear partnership agreement, and a willingness to set aside personal differences for the sake of the company.
If you decide on joint ownership, you will need a well-defined plan for responsibilities, decision-making, and profit distribution. You might even put a clause in your divorce settlement letting one spouse buy out the other if disagreements arise later.
What If You Have a Settlement Agreement?
Divorce can be stressful, and sometimes, it is easier to work out a settlement than to fight things out in court. Boyett v. Boyett shows that when spouses reach a property settlement the court finds fair, it will uphold that agreement. You and your spouse might agree on who keeps the business and how much the other spouse receives. Alternatively, you might arrange for both spouses to remain owners under clear, written terms.
Reaching an agreement on your own can save time, money, and stress. But it is crucial to ensure the deal truly reflects the interests of both parties. If it does, courts usually have no problem approving it.
Does the Court Decide the Value at a Specific Time?
Yes. The value of community assets in a Texas divorce is generally determined on the date the divorce is finalized or at a date close to it. This rule, drawn from Handley v. Handley, helps ensure each spouse gets an accurate share of what the company is worth around the time of the split. If the business is rapidly growing—or shrinking—delaying the divorce could affect the final valuation.
To keep things fair, your lawyer may want to update the business valuation if the process takes a while. If six months or a year passes between your first valuation and your divorce date, you may need a new appraisal.
What If There’s a Dispute Over Control of the Family Business?
When spouses strongly disagree about how to manage or split a family business, the court might step in. The judge can do things like appoint a receiver (a neutral third party) to manage the company until the divorce is settled. This usually happens only in extreme cases where the business or its assets are at risk.
In most cases, spouses can work out a temporary arrangement to keep the business running smoothly. The best approach is to handle disputes early and avoid letting them grow so big that the court must take drastic steps.
Is a “Buyout” an Option if One Spouse Wants to Keep Running the Family Business?
Yes, a buyout is often a practical approach if one spouse wants to keep running the family business. That spouse might “buy out” the other spouse’s share, either with a lump sum or through installments. The idea is to compensate the exiting spouse for their share, similar to dividing any other marital asset. If you choose this path, it is important to base the purchase price on a fair valuation to prevent future disputes.
How Can You Protect Your Interests in a Family Business in Texas?
Below is a list of steps you can consider if a family business is at stake in your Texas divorce:
Gather all business records: Compile tax returns, financial statements, partnership agreements, and any other documents showing how the company is run and valued.
Determine ownership interests: Figure out if the business is fully or partly community property, or if some portion is separate property.
Get a professional valuation: Hire an expert to appraise the business so you know its current market value.
Consider settlement options: If you and your spouse can agree, you might save time and money by avoiding a courtroom battle.
Seek experienced legal help from a Texas family lawyer: A lawyer familiar with both family law and business issues can guide you through the process and protect your rights.
Will the Court Enforce the Division of the Business?
Yes. Once a judge signs off on the property division, both parties must follow it. The court also has the power to enforce the property split through additional orders, if needed. This might mean clarifying terms or taking action if one spouse refuses to hand over records or assets.
If problems come up after the divorce—like one spouse not paying buyout installments—there are legal options to enforce the order. The key is to have clear terms in your final decree, so everyone knows exactly what to do.
Need Help Dividing Your Family Business? Contact [nap_names id="FIRM-NAME-1"] Today
Figuring out what happens to the family business in a Texas divorce can feel overwhelming. But you do not have to tackle it alone. At [nap_names id="FIRM-NAME-1"], we understand both the emotional and financial challenges you face. We will work with you to protect your interests, whether through negotiation or in court.
Call Texas family lawyer Justin Cook at [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out our online contact form to schedule a consultation. Let us help you find a fair solution for your family business, so you can focus on building a secure future.]]>