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DIVORCE
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PROPERTY DIVISION
Texas Divorce: Protecting Your Rights & Interests
At Carter Morris, LLP, we handle exclusively divorce cases and other family law matters. Our goal is to provide the highest standard of legal service to meet the needs of our diverse client base. To assist clients with their legal needs, we handle both contested and uncontested divorce cases.
An uncontested divorce is one in which the husband and wife have resolved all issues and need an attorney to attend any required hearings or prepare necessary legal documents. As most parties to a divorce have at least some matters on which they disagree, most divorce cases are contested. However, within the range of contested divorce cases, there is a continuum from moderate disputes to highly-contested battles.
For clients who have areas of disagreement but wish to work together in a cooperative manner to avoid the cost and stress of the divorce litigation process, we also offer collaborative law services. Collaborative law is a relatively new process that stresses amicable resolution of conflicts. To learn more about our collaborative law services, feel free to visit our collaborative law page.
Zealous and Comprehensive Representation for Contested and Uncontested Divorce
Our experienced attorneys are skilled negotiators and litigators who actively pursue their client’s rights and interests. We leave no stone unturned to protect our client’s financial and parental rights. We handle all aspects of divorce and all matters related thereto, including mediations, hearings, negotiations, structured agreements, and trial.
If your divorce involves a custody or visitation dispute, you can rest assured knowing that our experienced custody attorneys will work diligently to put the needs of your children first while protecting your rights to custody, visitation, spousal or child support, and property division.
The period of time after filing a petition for divorce or another family law matter is filled with change and uncertainty. Emergency and temporary orders are powerful tools to help ensure your emotional and physical safety and protect your financial security until permanent orders are issued. If you are seeking a temporary or emergency order in Texas, you need an experienced attorney on your side who can respond to your needs quickly and effectively.
Automatic Dissolution Action Stay
Upon service of a Summons and Petition or praecipe filed under the Illinois Marriage and Dissolution of Marriage Act, or upon the filing of the respondent’s appearance in the proceeding, whichever first occurs, a dissolution action stay shall be in effect against both parties, without bond or further notice, until a final judgement is entered, the proceeding is dismissed, or until further order of the court:
- Restraining both parties from physically abusing, harassing, intimidating, striking, or interfering with the personal liberty of the other party or the minor children of either party; and
- Restraining both parties from concealing a minor child of either party from the child’s other parent. (750 ILCS 5/501.1) Sec. 501.1.
Emergency and Temporary Orders in Southeast Texas
During a family law proceeding, parties may do things to hurt each other such as restricting the other person’s access to the children, incurring unnecessary debt on joint credit cards or disposing of assets. Temporary and emergency orders provide important protections for clients who are going through a divorce or other family law matter.
A temporary order establishes guidelines that both parties must abide by while your case is pending. The “Temporary Relief” statute (750 ILCS 5/501) spells out the petitions and temporary restraining orders available under the Illinois Marriage and Dissolution of Marriage Act, including:
- Child custody and visitation
- Spousal support (maintenance)
- Child support
- Child relocation
- Insurance and medical coverage
- Asset preservation
- Domestic violence
- Companion animals
If your spouse has abused you or your children, we can help you seek an emergency order to protect you from domestic violence. You also may be able to file an emergency order to obtain emergency custody of your children if their well-being is at stake.
The Temporary Relief statute, 750 ILCS 5/501, empowers the court to preserve your marital assets through the judicious exploitation of resources.
At Carter Morris, LLP, we have the resources and experience to immediately seek emergency and temporary orders for our clients throughout the state of Texas. Our board-certified family law lawyers are committed to helping you protect your and your children’s physical and financial well-being during divorce.
Texas Divorce and Tax Issues
Tax implications are a frequently overlooked aspect of a divorce and can have a significant impact on the marital estate. A Texas divorce attorney experienced in recognizing tax issues can help you structure your divorce settlement in a way that minimizes the tax consequences and ensures that both parties receive the most value following the divorce.
Carter Morris, LLP represents clients throughout Texas with their most complex divorce and tax issues. Whether your estate is modest or you have significant assets to consider, we will help you create a divorce settlement that protects your financial future. Our founding partners are both board-certified in family law by the Texas Board of Legal Specialization and have extensive experience in cases involving high-net-worth divorce and complex property division.
Southeast Attorneys Experienced in Recognizing Tax Issues
If taxes are not considered as part of your overall divorce settlement, you may find that the value of your marital estate is diminished significantly after the divorce. Our lawyers are committed to helping you develop a divorce settlement that ensures your long-term financial health.
Though property and asset transfers during divorce are not considered taxable events, there can be tax implications after the divorce. When structuring your divorce settlement, we can assist you in taking into account the value of your assets after taxes.
Maintenance or spousal support is another important consideration, as it has tax implications for both parties. Until January 1, 2018, maintenance payments are tax-deductible for the payer and will be taxed as income for the receiving spouse. We can help you determine whether a settlement that includes spousal support payments would be beneficial to both parties.
Dividing Retirement Assets – including IRAs, Pensions, and 401(k)s – in Texas
Retirement accounts such as IRAs, pensions and 401(k)s are often a person’s most valuable assets. In some cases, a pension can be worth more than the family home! Due to their high value, dividing these retirement assets is often one of the biggest sources of contention in a divorce. In divorce cases involving complex property division – including dividing retirement assets – you need to have an experienced attorney on your side.
At Carter Morris, LLP, we have extensive experience handling the most complex financial issues that arise during divorce and high-net-worth divorce. We help parties find creative solutions to dividing retirement assets, including:
- Individual Retirement Accounts (IRAs)
- Pensions
- 401(k)s
- 403(b)s
- Employee stock purchase plans
- Deferred compensation plans
From our Houston office, we represent clients throughout the state of Texas. Our firm’s lawyers practice family law exclusively, and our partners are board-certified in family law by the Texas Board of Legal Specialization. If you have questions about dividing retirement assets during your divorce, call us at 713-626-3345.
One issue that arises with some frequency in high-net-worth divorce cases is the division of a closely-held business. In most cases, the parties to a divorce will agree that one party will be awarded 100 percent of the business, with the right to own, operate, and receive funds from the business. The other spouse will, therefore, receive an appropriate amount of other marital property to ensure a just and right division of marital property.
In less frequent cases, the parties may agree that each will retain a percentage of the business, with one or both parties continuing to operate the business after the divorce. Another option is the sale of a business, with each party receiving a portion of the proceeds.
To determine the best course of action, and to protect your property rights in a divorce, it is critical to retain an attorney with experience determining the value of a closely-held business and dividing it properly. At Carter Morris, LLP, our knowledgeable divorce attorneys have extensive experience with the complex process of determining business ownership and valuation. Located in Houston, Texas, our firm is pleased to represent clients throughout Southeast Texas and the Greater Houston Area.
Southeast Texas Attorneys Familiar with Business Ownership and Valuation
Correctly determining the value of a closely-held business or professional practice is critical to achieving a fair divorce settlement for both parties. At Carter Morris, LLP, we work closely with expert forensic accountants and other business valuation professionals to accurately determine the value of the business.
Another important consideration in business ownership during divorce is whether the business is community or separate property. A business that was started during marriage is presumptively considered community property in Texas and thus must be included in the value of the overall community estate during a divorce. However, even a business that was started before marriage or with separate funds may be subject to claims during divorce if community property was used to fund or expand the business. Conversely, a business started during marriage could be characterized as separate property, depending on the circumstances surrounding its formation and capitalization. We will assist you with the complex process of determining whether your business is characterized as community property, separate property, or a mixture of the two.
Other important issues that we consider when dividing a business include:
- Lookbacks
- Valuation methodology
- Overcompensation
- Inadequate compensation
- Personal vs. professional goodwill
- Community property vs. separate property issues
- Management and transfer of assets during the divorce process
- Short-term and long-term implications of the asset allocation
Dividing Professional Practices in Texas
A professional practice could be one of the most valuable assets to consider during your divorce. Accurately characterizing, valuing, and dividing professional practices are essential to ensure that both parties receive a fair divorce settlement.
Dividing professional practices during divorce can pose unique challenges – such as when one party holds a professional degree or license. For example, a professional degree acquired during marriage is not considered community property; however, if community property was used to support one spouse in obtaining that professional degree or license, we can assist you in determining whether the other spouse may be entitled to compensation through spousal support or a greater share of another marital asset.
At Carter Morris, LLP, we represent doctors, lawyers, dentists, accountants, and other professionals – or their spouses – with the complex process of business valuation and dividing professional practices during divorce. Our Houston divorce attorneys have extensive experience handling high-net-worth divorce cases and dividing professional practices. While the majority of our clients come from southeast Texas and the greater Houston area, we have the resources to represent clients statewide.
Southeast Texas Divorce Attorneys
In Texas, a professional practice that was started during marriage is presumptively considered community property and is included in the value of the community estate during a divorce. However, even a practice that was started before marriage or with separate funds may be subject to claims during divorce if community property was used to fund or expand the business. Conversely, a practice started during marriage could be characterized as separate property, depending on the circumstances surrounding its formation and capitalization. We will assist you with the complex process of determining whether your professional practice is characterized as community property, separate property, or a mixture of the two.
Carter Morris, LLP works with forensic accountants and other business experts to accurately characterize, value, and divide professional practices. When determining the value of your private practice, important considerations include the value of the property and equipment, professional degrees and licenses, appreciation, goodwill, and tax consequences.
In most cases involving a professional practice, the business is not divided between parties. Instead, one spouse keeps the business and the other will receive an additional amount of other marital property to ensure a just and right division of marital property.
Contact Us
If you need high quality legal representation for a high asset divorce involving a professional practice, don’t hesitate to call Carter Morris, LLP at 713-626-3345.
As if going through a divorce isn’t challenging enough, if one of the parties does not meet his or her obligations outlined in the divorce decree, the issues and disputes can continue well after the divorce is finalized. If this describes your situation, you need post-decree enforcement assistance from a knowledgeable Texas attorney.
At Carter Morris, LLP, our attorneys have extensive experience handling the challenges that can arise following a divorce. From our office in Houston, Texas, we represent clients throughout greater Houston and southeast Texas with their most challenging family law matters – including post-decree enforcement.
Post-Degree Enforcement: Custody, Support, and Property
A divorce decree is not just a legally-binding document, but a court order. You may require post-decree enforcement of your divorce decree if your ex-spouse fails to:
- Comply with the custody arrangement or visitation schedule
- Pay court-ordered child support or spousal support (maintenance)
- Transfer assets or property as outlined in the property settlement
If your ex-spouse is not complying with your divorce decree, our Houston attorneys will vigorously protect your rights and enforce the original court order. Depending on your situation, you might consider trying mediation or negotiation to help you reach an agreement with your ex-spouse outside of the courtroom. If your post-decree enforcement case calls for aggressive action, however, you can rest assured that we are prepared to take your case to court.
If property or assets were omitted from your divorce decree, either intentionally or accidentally, we will assist you in petitioning the court to order the division of those undivided assets. Time is of the essence in these cases, so if you believe that an asset was omitted from your decree, it is important to contact us as soon as possible.
Contact Us
To discuss your case with a seasoned family law attorney, you may contact us online or call 713-626-3345.
Divorce Mediation, Collaborative Law, and Arbitration
When many people think of a family law issue such as divorce or a child custody dispute, they envision a long and contentious trial leading to a judge’s decision on what is right or wrong for a family. This doesn’t have to be the case. You do not have to choose between going to trial or “giving up” on major points. You do not have to put your family’s future in the hands of a judge or jury who are virtual strangers. Alternative Dispute Resolution (ADR) options – such as divorce mediation, collaborative law, and arbitration – exist to help you and the other party reach a mutually acceptable agreement that truly meets your needs and outcome goals.
Exploring the Benefits of Divorce Mediation, Collaborative Law, and Arbitration
Divorce Mediation
Divorce Mediation is a voluntary negotiation process in which both parties are present and participating. Each side may have legal counsel in attendance, or the parties may choose to have a neutral mediator oversee the communication process. The parties discuss issues at hand and work together to reach a compromise that they can agree to. If at any time negotiations break down, the case can move toward the courts.
Mediation is typically much less expensive than proceeding with open-ended negotiations or a divorce or child custody trial. Mediation can help recognize needs, restore communication and rebuilds damaged relationships. It allows parties to have a hand in deciding their future.
Collaborative Law
Sometimes called collaborative divorce or collaborative practice, Collaborative Law allows you and your spouse to work together to resolve your legal issues out of court. Each of you has your own collaborative family lawyer to coach and assist you to reach an agreement. You and your collaborative lawyers each sign an agreement at the outset that you will not go to court. This means your collaborative lawyers are completely committed to helping you reach a settlement.
In cases with complicated financial situations, the “collaborative team” will likely include one or more financial professionals who will work to untangle your financial issues.
Your collaborative team may also include a mental-health professional who will work with each of you to resolve any emotional issues that are preventing you from reaching an agreement.
Depending on how many issues you have to resolve, it usually takes several meetings with your collaborative professionals before you resolve all your issues. When that happens, your collaborative lawyers draft a divorce agreement.
Divorce Arbitration
In divorce arbitration, disputing parties agree to choose a trained decision-maker to hear both sides of the story. Much like orders from a judge, the decision of an arbitrator is binding. Arbitration is similar to trial, but is less formal and more private, as documents do not become public record. Parties choosing to enter into arbitration can speak for themselves, but generally prefer to have legal counsel present.
Arbitration is less costly and time-consuming than a full-fledged trial, often producing the same or better outcome results.
Divorce Mediation, Collaborative Law, and Arbitration Attorneys
At Carter Morris, LLP, in Houston, Texas, our attorneys are skilled in using various methods of alternative dispute resolution. With experience in divorce and family law mediation and arbitration, they can help you reach an amicable agreement that saves both time and money. To speak with one of our attorneys about settling your case outside of the courtroom, contact our office at 713-626-3345.
When two people are planning to get married, their lives are generally filled with thoughts of living “happily ever after.” The idea of their fairytale coming to an abrupt halt barely enters their minds: it is far too easy – and pleasant – to be caught up in the romance and joy of making a loving commitment to each other than to consider a less-than-pleasant ending to your love story. Prenuptial and postnuptial agreements seem too unromantic when you’re in love.
Unfortunately, with today’s divorce rate, proactively planning for an uncertain future has become a very wise choice. By drafting a prenuptial or postnuptial agreement, you are not dooming your marriage to end in divorce. You and your future spouse are simply protecting your individual assets – at a time when you’re likely to be most accommodating and generous – in case things ever go awry between you.
At Carter Morris, LLP, in Houston, Texas, we work with couples preparing to marry and those who have already committed to matrimony. Our experienced attorneys will aid you and your loved one in drafting a fair and just prenuptial or postnuptial agreement that protects everyone’s best interests in case of divorce or untimely death. We also help those subject to unreasonable marriage agreements defend their personal welfare during dissolution of marriage.
Creating a prenuptial or postnuptial agreement may be one of the wisest choices you can make. Take the proactive approach and contact our office to arrange an appointment.
What are the Advantages of a Prenuptial Agreement?
Some people are hesitant to enter into a prenuptial agreement with their spouse-to-be. They may feel it reduces the level of trust or commitment in the relationship. This is not the case. A prenuptial agreement is meant to safeguard both parties in the event of an unanticipated divorce – particularly a high-net-worth divorce. Drafting a prenuptial agreement can:
- Protect your separate or premarital property
- Define what is considered community property
- Establish ground rules for future economic matters
- Reduce the time and money involved in a divorce
What is a Postnuptial Agreement?
Postnuptial agreements are marriage agreements entered into after a legal marriage has taken place. If drafted, they must be in place before either party chooses to end the marriage. As with prenuptial agreements, they provide provisions for protecting assets in the event of divorce or death.
Contact Us
If you are considering a pre or postnuptial agreement, it is good to know your options. To speak with a knowledgeable attorney, call us at 713-626-3345 or contact us by e-mail.
