If one or both spouses in a Texas divorce own an interest in a business, the ownership of that business interest must be addressed in their property settlement. There are many ways that business interests can be addressed in property settlements. In fact, you might say that there are as many ways to handle business interests in a divorce as there are types of business interests that spouses own. Whether one or both of you own and operate your own businesses, participate in and own part of a family business, or own some other type of interest in a business, the disposition of your business interests takes place in the larger context of your property settlement. This means that the overall scheme for dividing all of your marital property, including any business interests that are deemed marital property, must have a just and right result.

Business interests can be a tricky item to deal with during a divorce property settlement. They are not simply items of value, they carry with them tax consequences, including tax consequences which may be triggered upon the transfer of the business interest, they generate income, and they can involve debts. Sometimes, it is fairly easy to decide what to do with a business interest. For example, if one spouse owns and operates their own business with no help, either physically or financially, and the non-involved spouse wants nothing to do with it, the spouse who owns it will keep it. Usually when this happens, the spouse who does not get the business interest receives money or property with a value similar to the value of the business interest, so as to keep things fair.

Sometimes, though, spouses own and operate businesses together. When this happens, the spouses may have to make some difficult decisions about whether the business will continue, who will continue it, and other similar matters. Sometimes, things are able to keep going just like they were before the divorce because some divorcing couples who own businesses together have excellent professional relationships and the ability to separate their business relationship from their personal relationship. If this scenario applies to a divorcing couple, their attorneys can help them to design a settlement that provides for continued joint operation and ownership.

Other couples who own businesses will not be able to continue on in business together after their divorce. When this happens, it is common for the spouse who wants to keep the business and operate it as their own to buy out the other spouse’s ownership interest in the business. Buyouts often consist of the other spouse getting money or assets that are worth about as much as the business is worth. Business valuation experts are often consulted to help the parties determine what the business is currently worth, so that they can make decisions about how to proceed with it. In some divorce cases, neither spouse wants to continue owning or operating the business. They may wind up the business and dispose of business assets and pay business debts in their property settlement agreement.

If you or your spouse has an ownership in one or more businesses, a Texas divorce attorney can help you explore your options for dealing with business ownership in the property settlement. Texas Family Law Attorney Alex Tyra can help you understand many things about property settlements, whether or not they involve a business interest. To learn more about property settlements in your Texas divorce, please call us today, at (903) 753-7499.

 

Alcoholism and drug abuse are two things that can ruin a marriage beyond repair. They are long-term problems that have far-reaching effects into the life of the person who is an addict or an alcoholic, their spouse, and their entire family. Unfortunately, many American families struggle with alcoholism and addiction. In fact, it is one of the leading causes of divorce among middle-aged couples. One of the biggest problems facing families that are affected by alcoholism and addiction is that many people try to keep it hidden, or to pretend that it is not happening in their home. This can be exhausting, and often, spouses of alcoholics and drug addicts arrive at a point where they can no longer deny what is going on inside of their home. The problem then becomes what, if anything, they will decide to do about it.

A lack of love is not often found in marriages that end because of alcoholism or drug addiction. In fact, spouses of alcoholics or addicts often report that they love their spouse very much and wish that they did not have to end the relationship. Spouses of addicts and alcoholics do not often decide to file for divorce early on in the marriage, or even shortly after they realize that their spouse has become an alcoholic or a drug addict. They often spend years doing whatever they can to make the marriage work and help their spouse get treatment, but eventually they realize that whether their spouse becomes sober or not is not up to them. That is often the most difficult thing for the spouse of an alcoholic or a drug addict to realize, but it can also be a powerful catalyst that helps them decide that ending the marriage is the best thing that they can do for themself and for their children if they have any.

Drug addiction and alcoholism are very serious obstacles to overcome, and recovery is a lifelong challenge. Even addicts and alcoholics who express a strong commitment to overcoming their addictions can stumble and fall along the way. The spouses and families of people who are addicted to drugs and alcohol experience the process of recovery, with all of its twists and turns, right along with the person who is recovering. Unfortunately, the intense emotional ups and downs that accompany living with an alcoholic or addict, whether they are recovering or not, can, over time, cause other people in the household to develop issues of their own. Because of this, it may still be necessary to divorce your spouse, even if they are recovering.

If you are married to an alcoholic or a drug addict, it may be difficult to make the decision to end your marriage. Unfortunately, for a marriage to be sustainable, both spouses must be committed to making it work. If you have made the difficult decision to end your marriage, a Texas Family Law Attorney can provide you with the top-quality legal support that you deserve. Texas Divorce Attorney Alex Tyra can help you to understand the divorce process, and he can help you to pursue a resolution of your Texas divorce case that meets your needs. If you have questions or concerns regarding your Texas divorce, please call our office today, at (903) 753-7499.

 

If you are getting divorced in Texas, enlisting the aid of a Texas divorce attorney is the best way to ensure that you come away from your marriage with as many of the things that are most important to you as possible. Divorce is a legal process, and there are rules that must be followed. There is also a lot of room for couples to choose how they will settle their divorce cases, within the framework that is provided by those rules. Your divorce attorney is an expert guide who knows the divorce process inside and out, and who is there to help you make decisions throughout the course of your divorce that are likely to bring you to a favorable resolution of your case. The following tips can help you to make the most out of your relationship with your Texas divorce attorney.

When you decide to get divorced, you may develop ideas about what you expect to get out of it. These ideas may be things that you simply feel as though you are entitles to, or they may be based upon information that you know about what friends, family members, or others have gotten in their divorce cases. Each divorce case is unique, so each couple’s divorce has a different result, one that is based upon their unique circumstances. Your attorney can provide you with valuable guidance about what you might realistically be able to obtain during your divorce, as far as assets, parenting time, and the like.

As is the case with any type of legal matter, divorce clients often have a lot of questions. Your divorce is an important part of your life, and your attorney understands that. If you have a question, ask your attorney, because not only will you get the information that you need, your questions may actually help your attorney to provide you with the best representation that they possibly can.

When you work with a Texas divorce attorney, it may seem like your attorney asks you to provide them with a lot of information. You may not want to give them all of that information, either out of a concern for your privacy or because you think that they do not need all of it. However, you must provide your attorney with any and all information that they ask you to provide. If you have concerns, ask them why they need specific information, and they will explain it to you.

A Texas divorce attorney can help you to obtain a settlement or court decision in your divorce case that will provide you with many of the things that are important to you. Texas Divorce Attorney Alex Tyra can help you to understand the divorce process, as well as the options that are available to you for resolving your divorce case. If you have questions or concerns regarding your Texas divorce, please call our office today, at (903) 753-7499.

 

If you are contemplating a divorce, you may be learning what seems like a new language. As you educate yourself about divorce and gather information that will help you in making a decision about whether to file for divorce, you will encounter new concepts and add terms to your working vocabulary that you just didn’t know much about before divorce was on your mind. One concept that is certainly worth becoming familiar with is the concept of mediation.

In mediation, attorneys help their clients to come up with a divorce agreement that works well for both parties. This runs contrary to what some people think divorce is all about. Some of the more highly publicized divorce cases are high conflict situations which end up being resolved through litigation. In reality, litigated divorces represent only a small portion of all divorce cases. Many divorces are settled through agreement, and the mediation process is a way through which this can be accomplished.

Mediation can address whichever issues are part of a couple’s divorce, including property division, parental responsibilities, parenting time, child support, spousal support, and anything else that must be resolved. Couples who resolve their divorces through mediation often report that they believe that they experienced less stress than they would have if they had resolved them through litigation. They also report a high level of satisfaction with the outcomes of their divorces. This may be because they were able to divide their assets in a way that worked for them, instead of having to abide by an order that was issued by a court that knew very little about them.

When a couple has children, there is an even greater incentive to use mediation to resolve their divorce. When divorce follows an adversarial path, one party’s gain is the other’s loss. Parents fight with each other to get more parenting time, sole parental responsibilities, or greater awards of child support, often losing sight of the best interest of the children along the way. Mediation offers parents an opportunity to structure their parenting schedules and divide parental responsibilities in a way that meets their family’s needs, instead of having a judge impose schedules and responsibilities for them.

Mediation is a great way to reduce the stress and conflict of your Texas divorce case while increasing the odds that both you and your soon to be former spouse will walk away from your marriage satisfied with the outcome. Texas Family Law Attorney Alex Tyra can help you to pursue the resolution of your divorce case in a way that meets your needs. If you decide to try mediation for your divorce and it does not appear as though you and your soon to be former spouse will be able to reach an agreement, I have the skills and experience required to present a convincing case in court. If you have a question about mediation or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

If you are contemplating a divorce, you may be learning what seems like a new language. As you educate yourself about divorce and gather information that will help you in making a decision about whether to file for divorce, you will encounter new concepts and add terms to your working vocabulary that you just didn’t know much about before divorce was on your mind. One concept that is certainly worth becoming familiar with is the concept of mediation.

In mediation, attorneys help their clients to come up with a divorce agreement that works well for both parties. This runs contrary to what some people think divorce is all about. Some of the more highly publicized divorce cases are high conflict situations which end up being resolved through litigation. In reality, litigated divorces represent only a small portion of all divorce cases. Many divorces are settled through agreement, and the mediation process is a way through which this can be accomplished.

Mediation can address whichever issues are part of a couple’s divorce, including property division, parental responsibilities, parenting time, child support, spousal support, and anything else that must be resolved. Couples who resolve their divorces through mediation often report that they believe that they experienced less stress than they would have if they had resolved them through litigation. They also report a high level of satisfaction with the outcomes of their divorces. This may be because they were able to divide their assets in a way that worked for them, instead of having to abide by an order that was issued by a court that knew very little about them.

When a couple has children, there is an even greater incentive to use mediation to resolve their divorce. When divorce follows an adversarial path, one party’s gain is the other’s loss. Parents fight with each other to get more parenting time, sole parental responsibilities, or greater awards of child support, often losing sight of the best interest of the children along the way. Mediation offers parents an opportunity to structure their parenting schedules and divide parental responsibilities in a way that meets their family’s needs, instead of having a judge impose schedules and responsibilities for them.

Mediation is a great way to reduce the stress and conflict of your Texas divorce case while increasing the odds that both you and your soon to be former spouse will walk away from your marriage satisfied with the outcome. Texas Family Law Attorney Alex Tyra can help you to pursue the resolution of your divorce case in a way that meets your needs. If you decide to try mediation for your divorce and it does not appear as though you and your soon to be former spouse will be able to reach an agreement, I have the skills and experience required to present a convincing case in court. If you have a question about mediation or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

 

As you work your way through your Texas divorce, you may sometimes feel as though you are learning to speak in a different language. While this is not entirely true, it is easy to understand how many people may feel that way because the divorce process does have its own language of sorts. The language of divorce includes all of the general legal terms that are not often used outside of a legal context, legal words that are unique to the practice of divorce law and many other words from a diverse collection of topics including psychology and finance.

One of the words that you may hear during your Texas divorce is QDRO, which is often pronounced “qua-dro”, but is sometimes pronounced “q-dro” or “Q.D.R.O.”. Whichever way you say it, the term refers to a document called a Qualified Domestic Relations Order. The name of the document only goes so far in telling you want the document does, though. Because it is an Order, you can know that it is a document that is issued by the court. Since it is a Domestic Relations Order, that tells you that it is an Order related to a family law proceeding. Simply stated, a QDRO is an Order which is issued by the family court after a divorce proceeding for the purpose of dividing an employer-sponsored retirement account between spouses.

While the purpose of a QDRO is fairly simple, QDROs themselves can be complex. In order for a QDRO to fulfill its purpose, that is, to effectuate a division of all or part of an employee-sponsored retirement account between parties who have divorced, it must accomplish several things simultaneously. First, a QDRO must be appropriate for the type of retirement account that it seeks to divide. Retirement plans like 401ks and pensions have rules regarding QDROs, and if a QDRO is issued which does not comply with a plan’s rules, the plan administrator cannot make any distributions to any alternate payees, such as the non-employee former spouse. Also, a QDRO must comply with the divorce decree that has been issued by the court. For example, if the entire amount of money that was in one spouse’s 401k was determined by the court to be community property and the divorce decree specified that the 401k was to be split evenly between the divorced parties, the QDRO must also state that fifty percent of the 401k is to be attributed to the employee and fifty percent is to be attributed to their former spouse.

To make matters slightly more complicated, your QDRO may need to account for the fact that you or your spouse had been contributing to the retirement account before the marriage, in which case a portion of the account may not be community property. It is also possible that the division of the 401k may be something other than a fifty – fifty split because of the way that you and your soon to be former spouse choose to divide up all of your other assets. QDROS can address both of the above issues, as well as any others that are unique to your situation.

As with every other aspect of your divorce, the task of preparing your QDRO deserves the skill and attention of an experienced Texas Family Law Attorney. If you have a question about QDROs or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.