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The de-gendering of alimony

Texas residents might be interested to hear that the traditional gender roles underlying alimony have been shifting over recent years. In the past, husbands were usually the ones ordered to pay alimony to their ex-wives. The reason for this decree was because women traditionally gave up their earning power to support that of their husbands and to care for the home and children. However, with the advances that women have made throughout the years economically, those trends have begun to change.

According to recent studies, 40 percent of wives who are their household's "breadwinners" earn more than their husbands do. This makes it so that wives, instead of husbands, may end up paying spousal support if the couple ever does decide to get a divorce. In today's marriage arrangements, it is becoming more common for the husbands to stay at home and care for the house and children while the wives are the primary breadwinners. Additionally, in some marriages, both of the spouses work equally although one spouse might earn more than the other.

Community property title important in death and divorce

Texas couples may want to take note of the state's status as one of only nine states in the country to offer community property deeds. A community property deed is one way for married couples to title property ownership and is an alternative to the more common joint tenancy. The differences between community property and joint tenancy are subtle, but they are important, especially with regard to divorce, death and property division and asset protection.

Community property ownership plays an important role in divorce as all marital assets are automatically split evenly between the divorcing spouses. This may be an equitable arrangement if the property was bought together. However, if one of the spouses used separate, non-marital funds to buy the property, it may be unfair. In joint tenancy, all property is split evenly, but if one party can show that the property's purchase originated separately they can be reimbursed through a court order.

Texas debts incurred by husband may affect ex-wife

Divorcing couples often focus heavily on property division and asset protection. However, the debts that have been incurred by either party are also an important consideration. Even if one party obtained the debts, both people may have to share in repaying them in community property states like Texas. Noncommunity property states say in the divorce decree that only the party who accrued the debt is responsible for paying it, but the debtors can still pursue the other party for repayment.

It is strongly recommended that debts be settled when people reach the end of a marriage. Whether it is a high asset divorce or the debts outweigh the assets, both parties will benefit from addressing the debts and having them paid as part of the settlement. This will prevent creditors from pursuing an ex-wife who did not make the charges, and it saves people the hassle of trying to defend themselves from these claims.

Ex-Dodgers CEO wants divorce settlement dismissed

The former CEO of the Los Angeles Dodgers wants her recent divorce settlement thrown out because she feels she was misled in regards to the value of the Los Angeles Dodgers. The former CEO was married to the owner of the team and filed for divorce before the team was eventually sold for $2 billion.

The ex-wife in this case is arguing that her ex-husband committed fraud by misrepresenting the Dodger assets for much less than what they really were worth, knowing that he would settle out of court for a lower amount. However, the former Dodgers owner is arguing that since his wife was the CEO of the team, she was responsible for the team's financial documents prior to the divorce settlement being reached in October 2011. Because his ex-wife did not do her due diligence, the former Dodgers owner is stating that it is not his fault she undervalued the team when she had all of the financial documents in her possession.

Supreme Court hears unique adoption case

Since early in 2009, when he found out his girlfriend was pregnant with their child, one man, like many Texas fathers-to-be, wanted nothing more than to be a father who was part of his child's life. A strange combination of circumstances, however, has led to challenges to his rights for child visitation and parenting as he as fought a battle that took him all the way to the U.S. Supreme Court in April 2013. In a case with potential repercussions for single fathers, adoptive parents, social workers and family lawyers alike, people from across the nation, including Texas, are watching to see how the judges will respond.

In January 2010, the man unwittingly signed away his rights to his daughter, not knowing that his girlfriend had also signed away her rights to the child. Within days, he filed an appeal. After the man's daughter was born in Oklahoma in September 2009, she was taken to South Carolina to be put up for adoption.

Keeping a divorce on track with mediation

When Texas couples begin to navigate the troubled waters of divorce proceedings, they may wonder how long the process will take. The answer, however, varies as it is based on a variety of factors that can impact the length of the divorce process. A litigated divorce typically takes much longer to work through the court system than does a mediated divorce. On the other hand, the couple who is separating ultimately determines how long a mediated divorce will take.

In a divorce, delays and time equal money. Every time one party requests argumentative communication with the other lawyer, the fees can increase. The process can easily become drawn out as both sides wait for the results of court rulings since the court can take their time in handling disputes.

Texas wrestles with same-sex divorce question

The United States Supreme Court is tackling the gay marriage issue. However, many states are already looking ahead to what their courts may encounter if same-sex couples decide to divorce. Currently, states that do not recognize gay marriage do not usually have laws in place to handle divorces of couples who have married elsewhere.

The Texas Supreme Court is currently considering a same-sex divorce case. The Attorney General has stated that Texas cannot handle divorce cases for same-sex couples because the state does not recognize the marriage as valid. The Attorney General says that voiding a same-sex marriage is the proper approach in these situations.

Arbitrator finds Deion Sanders prenuptial agreement valid

In December 2011, football star Deion Sanders posted on Facebook that he and his wife were going to divorce. Since the announcement, Texas residents have watched numerous disputes play out in the proceedings, including child custody, child support and allegations of assault and criminal mischief between the spouses. Recently, it was ruled that the prenuptial agreement contested by Mrs. Sander's attorneys is valid.

Sanders' wife had claimed that the prenuptial agreement should not stand because it was partially forged. However, a family law arbitrator found that both spouses signed the agreement. This decision means that the parties will not have any opportunity to litigate any issues addressed in the agreement, such as the division of marital assets.

Former Dallas Cowboy gets full custody of sons

A Texas jury recently voted for Hall of Famer and former NFL player Deion Sanders to receive full custody of his two sons. They also awarded Sanders joint custody of his daughter.

Although the pair's divorce battle is not over, with issues such as a prenuptial agreement child support and visitation up for debate, Sanders' win of child custody came after a grueling two weeks of contentious testimony. The jury voted 11-1 that Sanders should have conservatoriship and custody of his 13-year-old son and 11-year-old son. He will also have the ability to determine where his 9-year-old daughter should live as well as share in custody and conservatorship over her.

How to deal with divorce after 50

The number of divorces occurring between couples in Texas and across the country over the age of 50 has risen dramatically, according to a recent study done by the National Center for Family & Marriage Research at Bowling Green University. One in four divorces are between those over 50, and the rate of "gray divorces" in Texas and elsewhere is only expected to increase. Individuals who divorce later in life often face larger obstacles than those who divorce when they are younger.

Part of the reason they may encounter more complications during divorce is due to the fact that assets are frequently larger and more diverse for older individuals, and they are often thinking about retirement after the age of 50. Additionally, couples who divorce when they are younger are frequently better able to recover from financial setbacks related to divorce, and they have more time to save up for retirement or make a career shift if need be. Someone who is older has to be very careful when making financial decisions that may be more difficult to undo, especially in relation to dividing up marital assets. 

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