Posted on April 20, 2025 in Property Division

During a divorce, the process of dividing assets can be brutal, especially if you are dealing with a contentious, high-asset divorce. Unfortunately, property division also involves distributing debts among the parties involved. This can include credit cards, bank loans, car payments, and more. First, you have to determine what counts as marital debt, making it eligible for division. When you enlist the help of a McKinney, TX divorce attorney, you will know your rights and have a skilled legal advisor on your side throughout the process. 

Is Debt Considered Community Property?

Texas is one of nine community property states, and community property states consider most property acquired during the marriage as belonging to both spouses. This also includes most debt. During divorce proceedings, debt is typically divided equally between spouses. However, because Texas law allows for fault-based divorce, the split can be adjusted if there is proof of certain actions during the marriage, including domestic violence and adultery. 

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 Posted on March 26, 2025 in Family Law

As our society’s acceptance of couples living together has changed, 59 percent of adults between the ages of 18 and 44 have lived with an unmarried partner at some point in their lives. Marriage rates have correspondingly dropped, with only about 53 percent of adults over the age of 18 currently married, down from 58 percent 30 years ago. Overall, the share of Americans living with an unmarried partner has risen from 3 percent in 1995 to 7 percent.

Almost 70 percent of Americans find cohabitation acceptable, even if the couple has no plans to marry, with only 14 percent saying it is "never acceptable" for an unmarried couple to live together. As more and more couples choose to live together without a marriage license, a non-marital cohabitation agreement has become more important than ever.

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 Posted on March 10, 2025 in Child Custody

You may have heard someone refer to geographic restrictions in a Texas child custody case. Broadly, these restrictions refer to where a child lives following a divorce or separation and whether the parent with primary custody can move outside the specified area without permission from the court. Geographic restrictions are usually outlined in the custody agreement between parents, with the goal of maintaining an ongoing relationship with both parents for the child.

Geographic restrictions are also meant to ensure that one parent does not relocate without the other’s consent when that relocation adversely affects co-parenting responsibilities. If you are the primary custodial parent and want to move a significant distance from your child’s other parent, it is important that you not do so without speaking to a skilled McKinney, TX family law attorney.

Do All Texas Custody Orders Include Geographic Restrictions?

Most Texas family courts will include geographic restrictions in the custody orders. In most counties, this restriction is fairly broad. Most geographic restrictions confine the custodial parent to living in his or her current county and "all contiguous counties" to that current county.

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 Posted on February 20, 2025 in Child Support

Like most states, Texas has guidelines that a judge follows when calculating child support. These guidelines ensure fairness for every parent who is receiving or paying child support. However, there are certain situations when a Texas court could order child support payments that exceed the stated guidelines. If you have a situation that warrants an above-guideline child support award, it is important to discuss the matter with a highly skilled McKinney, TX family law attorney.

How is Child Support Determined in Texas?

Texas has a fairly straightforward method of determining child support. For the first $9,200 per month of the non-custodial parent’s net resources, child support is determined through a percentage scale: one child: 20 percent of net resources, two children: 25 percent, three children: 30 percent, four children: 35 percent, five children: 40 percent, and six or more children: not less than 40 percent.

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 Posted on February 07, 2025 in Child Custody

Child custody cases can get very emotional and contentious. While this is true in many cases, it is especially true when one parent believes the other cannot provide a stable, safe home for the child. Family court judges make custody decisions based on the best interests of the child, including considerations of whether one parent’s home is unstable.   

The situation must include such things as financial instability, abuse, violence, dangers to the child’s safety and health, lack of access to essential needs, and more. If you are worried that your off-grid lifestyle may cause you to receive an adverse custody decision, it is important that you speak to an experienced McKinney, TX family law attorney.

What is Considered an "Unstable" Home for Child Custody Purposes?

Under Texas law, there is no single, explicit legal definition of an unstable home and no single, explicit legal definition of an unfit parent. The judge in a custody case must evaluate a wide range of factors to determine whether a parent is unfit or a home is unstable. In this particular case, it would be assumed that your spouse has raised alarm bells regarding the stability of your off-grid home.   

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 Posted on January 22, 2025 in Property Division

The line between separate and marital property can become blurry throughout a marriage, making it more difficult to claim separate property during a Texas divorce. Despite the difficulties, proving that an asset is separate or non-marital can be crucial to your future financial security. Since Texas is a community property state, this means that marital assets are divided right down the middle, regardless of any extenuating circumstances.  

The burden of proof lies on the spouse who claims an asset is separate rather than on the other spouse who seeks to divide the asset as marital. Since determining which assets remain the sole property of one spouse can be complex, it is not recommended that you do this on your own. It is important to speak to an experienced family law attorney when your financial well-being is at stake.   

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 Posted on January 09, 2025 in Prenuptial Agreements

The idea of a prenuptial agreement may spark heated debates, as many see it as an instrument of distrust or a sign that at least one party expects the marriage to end in divorce. In truth, a prenuptial agreement should protect both parties in the event of a divorce in the same way your homeowner’s insurance protects you in the event of a disaster or your health insurance protects you should you become ill.

A properly prepared prenuptial agreement should be viewed as a form of "insurance," should the unthinkable happen. There are many fallacies regarding prenuptial agreements that are often taken as the truth, while many truths about prenuptial agreements are easily overlooked. If you are considering a prenuptial agreement, having an experienced McKinney, TX family law attorney answer your questions and guide you through the process can be an invaluable asset.

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 Posted on December 27, 2024 in Child Custody

There are very few divorces that do not involve at least some level of stress and emotional pain. While some couples may be able to negotiate asset division and spousal maintenance with at least a modicum of civility, custody issues often bring out the worst in both parents.

When the determination of custody and visitation is filled with conflict, you face a situation that is not only financially and emotionally draining but also legally complex.  Having a highly experienced McKinney, TX child custody lawyer who can guide you through these legal negotiations is extremely important.

When a Parental "Win" May Not Be in the Child’s Best Interests

Regarding child custody and visitation, the concept of "winning" is not really applicable unless the win is from the child’s perspective. The courts are only concerned with finding a custody arrangement that is in the child's best interests. Unless there is evidence to the contrary, the courts will assume that time spent with both parents accomplishes that goal.

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 Posted on December 13, 2024 in Property Division

Senior baby boomers are currently experiencing divorce rates that are triple those of only a few decades ago. This phenomenon is known as "gray divorce," describing those 65 and older who are divorcing. In 1990, divorce rates among this demographic were about 5 percent, but in 2022, those numbers had increased to 15 percent.

There are many reasons for divorces later in life, including having no children remaining at home, arguments over money, retirement disagreements, infidelity, health challenges including serious chronic conditions, changing expectations, and simply growing apart. While divorce has economic impacts at any age, some considerations are particularly significant for older adults, including the division of one spouse’s retirement fund.

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 Posted on November 26, 2024 in Divorce

If it passes, a bill introduced in the Texas House—House Bill 931—would make Texas one of four states that allow "covenant marriage." House Republicans are pushing the bill, although it is uncertain whether or not it will pass. Political figures who have entered covenant marriages include former Arkansas Governor Mike Huckabee and Republican U.S. House Speaker Mike Johnson.

Covenant marriages are tied to conservative Christianity and emphasize that marriage is for life – although divorce remains legally available. The other three states that have made covenant marriage legal are Arizona, Arkansas, and Louisiana. If you have questions regarding covenant marriage or need assistance with a traditional Texas divorce or other family law matter, speaking to a McKinney, TX family law attorney from The Ramage Law Groupcan be beneficial.

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