McKinney Divorce Law Blog

A prenuptial agreement may not be upheld if a friend weds couple

On behalf of Warmbrodt, Winslow & Associates posted in Prenuptial Agreements on Monday, April 16, 2018.

As the world embraces the advances that technology has fostered, many Texas couples are opting to have their marriage vows performed by a friend. It is now easier than ever for almost anyone to be ordained online, and more millennials who do not identify with a particular religion are opting for this now-popular option. Many fail to realize the potential consequences of such a choice and may find that their marriage and prenuptial agreement may not be valid.

As divorce continues to befall upwards of half of all marriages, the issue of having one's marriage officiated by a friend who obtained an ordination online may fall under scrutiny in court. Almost half of all marriages in which a friend officiated and the couple files for divorce have been ruled by a court to be null and void. If the marriage wasn't valid, a prenuptial agreement would not be honored.

Child custody after abuse can further complicate divorce issues

On behalf of Warmbrodt, Winslow & Associates posted in Child Custody on Tuesday, April 10, 2018.

For those who are victims of domestic violence, the idea of relinquishing custody of their children to their abuser seems inconceivable. Many instigators of abuse have found that the court system can sometimes enable one to continue the abuse by means of obtaining joint child custody. A Texas representative has introduced a bill that would require family courts to investigate all claims of abuse before ruling in matters of custody.

A young mother recently found the rekindling of a love with her son's estranged father to be blissful and full of hope. After they married, she learned that he was controlling and violent, not only towards her, but also towards their son. One incident led to the police intervening and the removal of the father from the property. After filing for a divorce, the woman received phone calls from two women who were also in custody battles with her soon-to-be ex-husband.

Divorce, remarriage and adult children

On behalf of Warmbrodt, Winslow & Associates posted in Prenuptial Agreements on Tuesday, April 3, 2018.

As seniors in Texas and across the country are learning, people outliving one or more spouses is becoming more probable, leaving many seniors with the opportunity to invest in new relationships later in life. Even a divorce later in life can leave the space to find another soul mate. But finding another partner so late in life has drawbacks, and the adult children from previous relationships may see the new spouse as a means to diminish their inheritance.

Later-in life marriages carry a series of risks for those contemplating tying the knot. The loss of benefits provided by the government can be one area of concern, and it can leave older newlyweds having to pick up the financial tab. Debts brought to the union could also become the burden of a surviving spouse. Some older couples see these as non-issues, and they instead focus on the effects a new marriage so late in life would create for adult children.

Understanding how a prenuptial agreement works with assets

On behalf of Warmbrodt, Winslow & Associates posted in Prenuptial Agreements on Tuesday, March 27, 2018.

Finding what seems like one's soulmate is often an exceptional event on one's life. Getting married is often soon to follow, and thinking about a possible future divorce is usually far from one's mind. Planning for the unexpected and unfortunate can often create a sense of peace and closeness, especially when Texas couples agree on the steps to be taken and plan together accordingly. Seeking a prenuptial agreement can help couples to understand how their financial future would look like should the unthinkable happen.

Regardless of the amount and worth of assets each partner brings to the union, these are still assets that were separate property prior to the union. How these assets will be divvied up during a divorce can be easily ascertained with a prenuptial agreement. There are a few tips that financial advisors suggest couples consider when talking about finances, property and possible inheritance.

Nontraditional child custody arrangements are keeping kids happy

On behalf of Warmbrodt, Winslow & Associates posted in Child Custody on Tuesday, March 20, 2018.

A divorce can be upsetting for the adults involved, and it can also be traumatic for children who happen to be a part of the confusing and guilt provoking event. The separation of parents can often leave kids wondering how their new lives will look once everything is said and done. Texas parents going through a divorce may be able to ease the stress and burden of uncertainty for their children by considering nontraditional child custody options.

Nontraditional custody arrangements are beginning to make big leaps in the world of divorces with children. Many parents are trying to find ways to keep the children happy and as stable as possible while battling through the divorce with the other spouse. Mediators and often judges will now encourage parents to come up with a parenting plan that fits the needs and wants of the family members involved.

What happens to the family pet during a divorce?

On behalf of Warmbrodt, Winslow & Associates posted in Prenuptial Agreements on Sunday, March 11, 2018.

Relationships dissolve for many reasons. When a couple reaches the decision to seek a divorce, understanding how property amassed during the marriage will be distributed can often throw a calm and amicable separation into an emotionally heated debate about who gets what. This can include the family pet that many Texas residents consider a member of the family. With the recent surge in pet custody issues, many soon-to-be divorced couples want to know what will happen to the beloved family pet.

The issue regarding pet ownership after a divorce can be confusing, as pets are considered property in family court. Property is usually divided between both parties. A pet custody agreement may not have any weight in relation to the division of marital assets, even though many couples see the family pet as a child, especially if there are no children or no other pets.

Can a prenuptial agreement dictate who gets the engagement ring?

On behalf of Warmbrodt, Winslow & Associates posted in Prenuptial Agreements on Tuesday, March 6, 2018.

Divorce is something that most Texas couples don't consider when they are happily engaged and planning a wedding. As many know, divorce can sometimes be the unfortunate result of a relationship that no longer is fulfilling for one or both spouses. Should a prenuptial agreement be in place, the parties can go their separate ways and have a sense of direction once a marriage has ended.

Jennifer Aniston has known her fair share of love and loss. Her recent marriage to Justin Theroux has recently been declared a separation in news outlets, but those close to the couple claim the relationship has been a rocky one most of 2017. Many say that Justin would have been happy not ever getting married; suggesting that a piece of paper made no difference to him. But a prenuptial agreement, an often important piece of paper, may mean a lot more to both parties.

Are frozen embryos considered property during a Texas divorce?

On behalf of Warmbrodt, Winslow & Associates posted in Prenuptial Agreements on Tuesday, February 27, 2018.

Many Texas couples face the heartbreaking reality of infertility. But advances in reproductive technology, invitro fertilization and other fertility alternatives have allowed many couples to become parents using artificial means. The question can arise as to what to do with embryos should the couple divorce or separate.

A woman in another state is devastated after a judge ruled that she and her ex-husband's frozen embryos were to be donated to a local fertility clinic. She claims that they underwent invitro fertilization, which resulted in several embryos that were then frozen for later use. The couple opted for this route when the wife learned she was to undergo chemotherapy treatment for cancer. The couple then later separated, and the ex-husband said he did not want to father any children.

Texas mother violates child custody order and flees the country

On behalf of Warmbrodt, Winslow & Associates posted in Child Custody on Tuesday, February 20, 2018.

Divorce usually means a complete and total separation of one person from another. For couples who have children, that separation never truly comes unless one parent chooses to leave the child's life and the other parent. For parents who choose to remain in their child's life, the process of setting up and enforcing child custody arrangements can be a sore spot, especially when one parent has family ties in other states or countries. Many Texas parents are finding that those who have the means and support to flee the country may just do so, taking the children with them, regardless of court orders or a pending divorce.

A Brazilian couple has found themselves in trouble with authorities when they helped their daughter leave the United States with their grandson under false pretenses. The husband and wife were taken into custody as soon as their plane landed in Florida. Authorities say that the mother left Texas with the child under the ruse of attending a family wedding in Brazil. The truth was later revealed that she never intended to return.

Overpayment of child support leads to investigation

On behalf of Warmbrodt, Winslow & Associates posted in Child Support on Saturday, February 10, 2018.

A Texas family court dictates the amount of financial support a noncustodial parent is obligated to pay. Modifications to child support agreements can be made, but only through legal means. Changes that are made without the authorization of the court can lead to missed payments, interest accrual and possible jail time. But what happens when a parent is continually garnished for payments after the child has become emancipated?

A man in another state realized that child support payments were still being taken out of his paycheck, despite the fact that his child had recently turned 18. He contacted the agency responsible for the garnishments and was told that the payments would be returned to his employer and, subsequently, to him. That never happened.

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