We previously discussed Kelly Clarkson’s divorce on this blog, focusing on the prenuptial agreement signed by her husband, Brandon Blackstock. Blackstock grew up in Fort Worth and currently resides full-time at a ranch in Montana. The divorce has also involved a...
Divorce
Divorce is a legal and emotional process
Those filing for divorce reconcile legal issues and emotional issues. Many argue that emotional issues are much more prevalent than legal matters, but each marriage and divorce is different. One could argue that the filing process will take a few months or a year, but...
Spouses should evaluate tax issues when filing for divorce
It is officially tax season, with the April deadline closing in with alarming speed. Perhaps this will be the last time that a divorcing couple files jointly together. The division of your community assets will be an essential part of the final agreement, so it can be...
Spouses now often must fight for their alimony (also known as post-divorce spousal maintenance)
Alimony was a part of nearly every divorce in past generations. The arrangement was often due to the traditional role of the husband acting as the sole breadwinner for the family, while the wife would raise the family, run the house and possibly only work part-time or...
Is a medical practice community property?
Medical doctors are under an incredible amount of stress these days, which sometimes leads to divorce. Those who have a private practice soon realize that it is treated just like any other business under Texas law, which means it will get divided up with the rest of...
Defining the best interests of the child
The best interests of the child doctrine is the basis of any Standard Possession Order (SPO) or custody issue. As explained previously, all decisions during a divorce involving the children theoretically use the best interests of the children doctrine. Everyone seems...
Can I kick out my spouse during the divorce?
Some people like to take action and initiate real change. So it stands to reason that some want their spouse to leave once it's clear that the marriage is broken and they should file for divorce. If the couple has a fiery or confrontational relationship, this seems...
Kelly Clarkson’s prenup holds up in court
The contract's validity is a common issue when couples with a prenuptial/premarital agreement choose to divorce. Sometimes judges will rule that all or parts of the agreement are unfair and invalid, while at other times, they rule that they are valid. The latter was...
Common mistakes made by newly separated coparents
Divorce or separation is a time of great upheaval for everyone in the family. Divorce agreements, parenting plans and other legal agreements will provide a legal template for the parents regarding visitation schedules, financial responsibility, decision-making...
Can individuals challenge the community property presumption?
Texas is one of a handful of community property states. In simple terms, property accrued by each spouse during the marriage is rebuttably presumed to be community property that is subject to a "fair and just" division by the Court if the couple divorces. Property...
