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Complex property division cases , high net worth divorces , and matters that require divorce planning in Texas often involve business owners and business interests. If one or both spouses own a closely held business, the process of dividing their ...

Divorce is a trying experience for anyone, but it can be especially contentious when one or both spouses have a high net worth or a complex property portfolio. Complex and high asset divorces often involve claims of hidden assets and marital torts ...

Outside of issues related to your children, if you are going through a divorce then odds are you are most concerned with your property. “Stuff” may not be the most important thing in the world but it does comprise and represent a great deal of the ...

Your marriage of ten, twenty or thirty years may have flown by but now you are considering a divorce . Not only is this going to affect you and your spouse presently but your future well being may be impacted as well. Beyond the immediate loss of ...

Aside from my bad attempt at humor in the title to this blog post, the subject of how spouses structure and protect their assets is very important. I think a lot of people will consider whether or not their soon to be spouse is in debt and how much ...

One of the saddest aspects of being a family law attorney is running into people – both clients and opposing parties- who are addicted to drugs or alcohol . Drug and alcohol abuse is a trait that is common among families that are failing on some ...

A while back, a friend and fellow attorney asked me some questions about whether an MSA was still valid if a case was dismissed. I have heard this question debated before among attorneys and opinions seem to be split. Half think the agreement is no ...

When it comes to property related issues for Texas spouses, the most important and basic fact that you need to be aware of is that Texas is a community property state. This is what we are going to discuss in today’s blog post. I’d like to begin by ...

One of the issues that is often times the most concerning to people going through a divorce is the family home. After all, not only is it the place where more memories and important events occurred than any other for your family but it is most likely ...

Do you or your spouse own a small business , either together or independently? If you do and are also marching quickly towards a divorce it is likely that you do not know nearly as much about how the law treats businesses in the context of divorce in ...

Should I move out of the marital home during a divorce ? There is no one right answer that fits every case and the answer will depend on your individual circumstances. Things to consider when making a decision include: Has there been domestic ...

As discussed in yesterday’s blog post, premarital agreements are becoming more and more popular in Texas for persons who are interested in setting up a plan before their marriage for how property should be divided up in the event that they divorce. ...

Texas courts must divide the community estate in a manner that results in a just and right division. Community property includes all property that was obtained throughout the course of the marriage. In some cases, marital property division becomes ...

Even the most resistant among us have an online or digital presence to one degree or another. Just think about how many conversations that you have had with older relatives around the holidays about the photos posted of your son or daughter on one of ...

When I’m meeting with a person in our community during a free of charge consultation offered by the Law Office of Bryan Fagan, PLLC I do my best to notice trends in questions that are asked of me. The reason I try to identify trends is because if one ...

The Texas divorce process can be a confusing, emotional, and stressful maze to navigate. It does not help that for many people they do not know what to expect and there is a lot of false information available. This blog article is intended to help ...

The rigors of military life are well known. Enlisting in the armed services on behalf of your country is one of the most selfless and courageous decisions a person can make. Deciding to put the lives of your fellow citizens before you own to step ...

At first glance, it may seem like the last thing you want to do as you prepare to marry someone is to discuss a premarital or prenuptial agreement . When you contemplate drafting such an agreement it seems like you are already contemplating a divorce ...

For those of you who are not experienced with legal cases you may be wondering what sets family law cases apart from other areas of law. Having worked with clients across Southeast Texas in courts from Chambers County to Waller County and all points ...

Community property is defined in the Texas Family Code as any property that is acquired by either or both spouses during marriage by any means other than gift or inheritance. This is obviously a pretty broad definition and is intended to encompass a ...

When a divorce is on the horizon, sometimes otherwise honest spouses start to act out of character. This can often take the form of going on a spending spree. This spending spree often leaves both spouses with more debt than they can usually afford ...

It used to be the case where if you wanted to divorce your spouse you had to specify the reason why. Maybe she was abusive against you. It could be that he used your name to sign up for some loans and lost thousands of dollars of community income in ...

The emotional difficulties associated with a divorce are fairly well known. If you have a family member or friend who has been through a divorce it’s likely that he or she has spoken to you about just how taxing the process can be. When you are ...

In my years of practicing family law , I have found that so much of the practice involves helping clients understand what reality is versus their perception of reality. For example, if you are like most people that I have spoken to about today’s blog ...

The majority of divorces that occur in Texas each year are what is known as “ No Fault ” Divorces . This means that the parties simply could no longer get along in the marriage and say no chance at reconciliation or getting back together. As a ...

The following are answers to some of the most frequently asked questions about legal separation in Texas. The answers are general and are designed to help you better understand how Texas handles legal separation. Legal separation is a concept that ...

At the tail end of yesterday's blog post from the Law Office of Bryan Fagan , we introduced the concept of tracing as it pertains to determining whether the property is either going to be classified as community or separate in nature. Basically, a ...

Have you ever held a preconceived notion of another person? Never met the person before, but you just don't like him or her. A friend of yours may have told you a story about that person years ago and since that point in time, you scowl every time ...

A subject that, in my opinion, that is becoming increasingly relevant is the status of a business after a divorce. Specifically, we have been discussing a Limited Liability Company (LLC) as a specific type of business formation. If it is your spouse ...

If you or your spouse own a business or own a portion of a business it is possible that that business is classified as a Limited Liability Company (LLC). As opposed to operating a business as a sole proprietorship or partnership, an LLC protects the ...

When we talk about college expenses what exactly do we mean by that term? Tuition for attending classes at a college or university is probably the first thing that most of us think about. Room and board, transportation costs, health insurance, food, ...

In the event that your child is a member of an Indian tribe or is eligible to become a member of an Indian tribe then your family has rights under a federal law known as the Indian Child Welfare Act (ICWA). This is a law that allows your child to ...

If you or your spouse own a business that is part of your community estate then you probably know just how much of an impact that business has had on your family and your finances. Whether it is a side-hustle or the main source of income for your ...

If either you or your spouse make a purchase on credit during your marriage in Texas, there is a presumption that the credit utilized is community in nature. This would make sense as all property that exists between you and your spouse at the time of ...

When spouses are going through difficult and trying times at home, it is often the instinct of at least one of the spouses to pack up their belongings and leave the marital residence. Whether it is to control the level of vitriol directed at the ...