Pages Menu
Categories Menu

Posted by on Aug 10, 2017 in Marriage | 0 comments

Divorce Disputes: Division of Property

Divorce can be a very challenging legal matter. It can involve a lot of disagreements regarding many subjects, such as child custody, spousal support, and division of property. Though it can be said that child custody is the most emotional subject, you shouldn’t disregard division of property, because it is your assets and liabilities we are talking about here.

How Properties Are Divided

But how are properties divided during a divorce? They are divided in two ways – community property and equitable distribution. The way will depend on your state. For example, according to the website of Higdon, Hardy & Zuflacht, Texas is a community property state. This means that Texas family courts utilize the rules of community property when it comes to property division.

What is community property and equitable distribution anyway? In community property, all marital properties will be distributed equally between you and your spouse. You and your spouse will also be able to keep properties that solely belong to their rightful owner, like gifts and inheritances.

In equitable distribution, the properties are divided in a way that is just, meaning the spouses will receive their rightful portion. Unlike community property, the division of properties is usually uneven, to favor a spouse that has contributed more to the accumulation and acquisition of these properties.

Community property and equitable distribution have advantages and disadvantages over the other, like how community property can result into unfair division for the person who has contributed more and how equitable distribution can put one spouse at a serious financial standing decline.

How to Protect Yourself from Unfair Division

But to avoid problems, it is best to have a prenuptial agreement. This is a document that can state what will happen in the event of a divorce, including how the properties will be divided. For example, in a prenuptial agreement, you can state which of your properties are not considered marital, so in the event of a divorce, your spouse will not have a financial right over these properties.

Also, you can protect your children from another marriage. During a divorce, your properties may unfairly be given to your second ex-spouse, so nothing will be left for your children from another marriage. You can use a prenuptial agreement to ensure that all your children will benefit.

Having a prenuptial agreement may sound insensitive, because even before the marriage, you are already assuming that you and your partner are going to separate. But that is merely an impression. You are just ensuring that you and your children will not get the short end of the stick, when a divorce does occur.

Read More

Posted by on Oct 19, 2015 in Marriage | 0 comments

Three Amazing Tips For A Longer, Happier Marriage Backed By Studies

There are certain marital situations in which divorce is the only healthy option available for both couples. Couples commonly file for divorce because of unmet expectations, lack of compatibility when it comes to finances, and loss of intimacy. However, the website of attorneys at Kirker Davis, LLP, said couples in some states may file for a divorce even without presenting proof, called a “no-fault” divorce.

While many struggling couples resort to divorce, some are still seeking to restore what was left in their relationships. An Austin marriage counselor would probably state that some long-standing marital issues can be resolved when both couples agree to participate in marriage therapy. Couples can also revive their relationship and enjoy the benefits of happier, longer marriage by considering these three scientifically proven tips:

Spend less time on social media

A 2014 study published in BU Today stated that too much use of Facebook and other social networking sites has been associated with decreased marital satisfaction. According to the study, 32% of heavy social media users were more likely to think about splitting from their partner, as compared to 16% of non-users. So, if you want your marriage to last, think about spending less time browsing your Facebook page and more time with your spouse.

Have a cheap wedding

There is no good way to start a marriage than to start it debt-free. A study from the Emory University found that the price of the engagement ring and the cost of the wedding ceremony are inversely proportional to the length of marriage. This proves that the simpler the wedding, the longer the relationship would be.

In times of argument, use “we” instead of “I/you”

Researchers from the University of Berkeley revealed that couples who use the word “we,” instead of the individualistic pronouns “I” and “you,” have a greater chance of resolving conflicts. Using “we,” “our,” and “us,” provides couples a sense of partnership and shared identity, giving them the extra push that they need to hold on to their relationship.

Read More