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Recent Blog Posts
What Happens to a 529 Account During a Divorce?
Some parents set up a 529 college savings plan for their child or children. When these parents file for divorce, the question of which parent will be awarded the plan can arise. This is definitely a case of complex property division that requires knowledgeable legal assistance. Since there can be only one owner of a 529 account, careful planning, coordination, and cooperation between the parents is extremely important in this situation. When you choose a Fort Worth, TX family law attorney from The Law Office of J. Kevin Clark P.C., you can rest easy knowing that your attorney has experience handling the most complex property division issues.
What is a 529 Account and Who Owns the Account?
A 529 plan is an investment account that parents can take advantage of to pay for qualified education expenses. This type of account offers tax-free withdrawals and additional benefits when paying for these qualified education expenses, including college, K-12 tuition, student loan repayments, and even apprenticeship programs. If there are funds remaining, they can be used in several different ways, including funding a Roth IRA. There are two primary types of 529 plans:
What Are the Three Basic Types of Parenting Plans?
Custody battles can often get ugly, so it can be a relief when child custody is finally determined. However, this is not the end of the issue; a parenting plan must also be prepared. One or both parents may overlook the importance of a parenting plan until problems arise. Parents who are already in conflict because of divorce can find that an unclear parenting plan only adds to the antagonism.
Getting your parenting plan right can go a long way toward a smoother co-parenting situation – and can also save you time, stress, and legal fees necessary to correct the plan. Make sure your Fort Worth child custody attorney is an integral part of the development of a parenting plan. There are three primary types of parenting plans, which are detailed below.
What is a Co-Parenting Plan and Who Does It Benefit?
A co-parenting plan tends to work best for parents who have been able to maintain a cordial relationship after the divorce. Co-parenting plans emphasize equal involvement in the child's life but do require the parents to be able to communicate and cooperate. A co-parenting plan will typically include a schedule that allows for equal (or close to equal) time with each parent and will detail how the parents will make decisions together for their child.
Can a Prenuptial Reveal Narcissism or Coercive Control? | TX
A celebrity told New York Magazine in 2002, "I always wanted to have a prenup that said, ‘You will love me forever, and if you don’t, you die!’" Unfortunately, if you asked a hundred narcissists what they wish their prenuptial agreement could say, it is likely all one hundred would agree with this sentiment. Equally unfortunate is that most people who are in love and looking forward to marriage may not see the narcissistic or controlling tendencies of their future spouse until the prenup is signed and the wedding is over.
As an example, 25-year-old Jill is in the middle of wedding planning for the big event, which is only three days away. Amidst caterers, florists, and dress fittings, her fiancé calls her to say she needs to meet him at his lawyer’s office because his lawyer insists on a prenup to protect his family’s business. Jill hurries over, flustered yet full of love and excitement for her future with Todd.
Could You Be Surprised by a Decision About Separate Property?
Complex property division issues are more common than you might think. The issue of separate and marital property often falls into that category. While some people are blindsided when they learn during a divorce that their spouse has separate property, others are aware of the non-marital property. But what if both parties are certain that one or both spouses have separate property, only to learn that the court disagrees?
As a community property state, property in Texas acquired during marriage is presumed to be marital property, to be split equally during a divorce. The evidence required for a claim of separate property involves showing that the source of funds used to purchase the asset is from a source that would be deemed separate property. Evidence can also show that the funds or property include the spouse's inheritance, gift, or money the spouse had before the marriage.
As much as you may think you know which assets are separate and which are marital, it is worth a double-check, as recent Texas court decisions have hinged on how a deed is specifically worded. If you have any doubts or questions about whether your separate property could potentially be deemed marital property during a divorce, it is essential that you speak to an experienced Fort Worth, TX complex property division attorney from The Law Office of J. Kevin Clark P.C..
How to Navigate Child Removal and Relocation
Issues regarding child removal and relocation can be fraught with emotion. Perhaps you are the parent with primary custody. You want to move to a new area as a means of getting a fresh start after the divorce. Maybe your ex-spouse delights in making it incredibly difficult to live in the same area and co-parent. There might be an excellent school in the area you want to move to that you believe would benefit your child. On the flip side, perhaps your ex took your child during visitation and did not bring him or her back.
Even if you have good reasons for wanting to move, you are not allowed to simply pack up and leave without following Texas custody laws. This is true whether you have joint custody or primary custody. At The Law Office of J. Kevin Clark P.C., we are committed to helping both parents maintain close, loving relationships with their children after a divorce. Our Fort Worth, TX removal and relocation attorneys are experienced in helping parents who believe it will benefit their child to relocate.
What Does a Divorce Look Like for a Common-Law Marriage?
As of 2024, only eight states, including Texas, allow common-law marriage, which may also be known as informal marriage. In states that recognize this type of marriage, it is considered a valid and legal way for a couple to marry, although the laws that apply to common-law marriage are different between the states that do allow it. An informal or common-law marriage requires these three elements: agreeing to be married, living together as husband and wife, and representing to others that you are married, i.e., "This is my husband, Bob."
It is worth noting that despite the Supreme Court decision in Obergefell v. Hodges, the Texas Legislature has not amended the statutory "husband and wife" language. But what happens when a couple in this type of marriage wants to go their separate ways? Is a divorce necessary? If so, is it handled in the same way as a "regular" divorce? If you find yourself in this situation, it is essential that you speak to a knowledgeable Fort Worth, TX divorce attorney from The Law Office of J. Kevin Clark P.C. to ensure your rights are properly protected.
Can I Keep My Spouse’s Benefits in a Military Divorce?
Military divorces have many similarities compared to civilian divorces but also have significant differences. Questions often arise, therefore, about what happens to a service member’s benefits after a divorce. Can the civilian spouse continue to enjoy military benefits after the marriage ends? Or are the benefits cut off to the spouse, as in a civilian divorce?
This article will discuss what happens to a military spouse’s benefits in a divorce. Remember, however, that the best resource for understanding how a military divorce works is a Texas military divorce attorney.
The 20/20/20 Rule
Someone who divorces a military spouse may be entitled to continue receiving military benefits if he or she meets certain criteria, known as the 20/20/20 rule. According to the rule, a spouse can still enjoy military benefits post-divorce if:
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The marriage lasted for 20 years or more.
4 Coping Strategies for a Texas Divorce
Divorce is a life-altering and often highly emotional event. People who go through divorce experience a wide range of feelings and are often uncertain about the future. On top of that, trying to navigate the legal terrain without an experienced Texas divorce lawyer can make divorce an unbearable ordeal.
Finding healthy ways to cope with your divorce is essential to your well-being. It can also help boost the well-being of those around you, like your children or other family members. This article will explore healthy coping strategies that can be used to maintain a healthy lifestyle during divorce and beyond.
Mindfulness
Mindfulness means paying attention to the present moment and is one of the most powerful ways to cope with divorce or any other event. It is best achieved through mindful meditation, which is most commonly done by focusing on each breath and gently bringing the mind back when it drifts away.
What Are the Risks of a DIY Divorce?
Thanks to technology, many tasks that require professionals have do-it-yourself versions. A person can use YouTube videos to learn how to build a deck. Accounting software can be used to file taxes. Entire films can be created by AI programs. Divorce, a complex legal process that sometimes involves teams of experts, can be done online.
But just because it can be done online, should it be? Is a DIY divorce as safe as a divorce handled by a qualified Texas divorce lawyer? A DIY divorce may cost less money than hiring an attorney, at least in the short term. However, as this article will discuss, there are significant risks associated with trying to manage the divorce process by yourself.
You May Miss Significant Details
DIY software can only take you so far. People who get divorced online are more likely to miss important details that a divorce lawyer is trained to catch. For example:
5 Tactics a Narcissist Might Use in a Texas Divorce
Narcissism is a personality disorder that affects up to five percent of the American population. Studies of online search trends have determined that Texas is home to the most narcissists in the country.
A narcissist is characterized as someone who:
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Has an inflated sense of self-entitlement
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Has difficulty feeling empathy
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Feels a sense of entitlement
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Demands attention
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Has a sense of superiority over others
Being married to a narcissist can be extremely challenging. Getting divorced from one can be even more so. Narcissists are manipulative and use a variety of tactics to get their way. Moreover, it is not always easy to spot a narcissist or the strategies they use. If you are considering divorcing a narcissist, consult with a Texas divorce attorney who has experience in handling narcissism.
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