To Be or Not To Be (Divorced)

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Every once in a while, someone decides to file for divorce after a long separation and discovers a big surprise. Shannon Cavers, who writes the always-interesting Houston Divorce & Family Law Blog, had a post about the situation last Spring. In her post, Shannon mentioned a couple who had been separated for 22 years. During that time, the wife bought …

When is the Best Time to File?

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Some people say, “It’s all in the timing.” (Others may say that it’s all in the location — but that’s really a different topic!) Timing can make a huge difference in a lot of things in life. One of the most obvious is in financial matters. Investing or selling at the right time can put you in a solid financial …

Can I Get a Do Over?

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Recently, a reader sent a comment in response to a post in this blog. The comment asked for legal advice about what could be done in a specific situation in her case. I do not answer such requests for advice for someone who is not a client, but the comment did raise some interesting points about a situation that many …

What to do with the House

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I have been seeing more and more divorces where the parties remain in the same house for a significant period of time after they have officially “separated”. A recent article in the San Diego Tribune discussed the phenomenom and suggested some creative solutions for house problems. Fortunately, the housing market here in North Texas is better than the one described …

How Finances Affect Divorces

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A recent post by James J. Gross in the Maryland Divorce Legal Crier mentioned a topic that seems to be coming up a lot lately. Many people assume that hard times produce more divorces and that divorce attorneys are busier. I have even heard comments that the Recession must be “good for (divorce) business”.Although I haven’t done any research on …

Should I Keep the House?

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Some people skip this question and jump right to, “Can I keep the house?” In many cases, it is possible to keep the house, but it is not a wise decision. I have recently had several cases where one side, or sometimes both sides, wanted to keep the house and an objective observer would have told the party or parties …

What Once Was Ethan Allen Is Now Just Sticks N Stuff

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James J. Gross, in the Maryland Legal Crier blog, has another of his fine, common-sense posts about a topic most attorneys discuss often with their clients. While some items of personal property are worth fighting over, most things are not worth as much as the attorneys’ fees incurred in the fight. I recommend that you read his following post and …

Can My Spouse Take My Retirement?

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In a recent post, in the Preventive Family Law for Nevada blog, Allison Herr wrote about a common question among parties going through divorce. The issue comes up in several variations. What happens to retirement funds? Can my spouse get my retirement? Will I have to withdraw funds from my retirement to pay my spouse? Will I lose retirement funds …

How the Judge Divides Assets — Will We Have to Sell Everything?

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This is another in a series of common questions from clients. The answer is “NO”. Many clients ask if the Judge will make them sell everything and then split the money. Sometimes one party will threaten the other with asking the Judge to sell everything. That’s usually done to scare or intimidate the other party who may not have been …