Marci Martinez

Determine How Your Business Is Characterized One of the first questions is how your business is characterized under the law. Your business might be separate property, community property, or mixed property. Just because you started the business before your marriage does not necessarily mean that the entire business is your separate property.

Income earned from the business during your marriage could be community property. Likewise, using community funds for the business could mean that your funds have been commingled and give the business a mixed character. That is why your financial records matter.

Business Records Before making decisions about your business while you go through a divorce, gather the business documents that your attorney needs to review. These can include: These documents provide information about…

A No-fault divorce means you are asking for a divorce without blaming your spouse for the marriage ending. In Texas, this is known as insupportability and focuses the divorce on dividing assets and creating a parenting plan rather than proving adultery, cruelty, or another fault-based ground.

What Does No-Fault Divorce Mean? The simplest answer to what a No-Fault Divorce means is this: you want a divorce, and you are not claiming that your spouse caused the marriage to end through a specific act. In Texas, no-fault divorce is the basis for all divorces and is based on insupportability.

This means the marriage has broken down to the point that there is no reasonable chance of reconciliation and can no longer be supported. You do not…

You have more control over your divorce than you may realize. Your attorney provides legal guidance, but you can make the decisions. By working cooperatively through Mediation or Collaborative Divorce, you and your spouse can create solutions that fit your family’s unique needs, improve future co-parenting, and avoid leaving life’s most important decisions in the hands of a Judge who will not be involved in co-parenting your children.

You Have More Control in a Divorce Than You Think One of the biggest misconceptions about divorce is that the Judge or your attorney is in charge. While a Judge has the authority to make decisions when needed, your divorce does not have to reach that point. The person with the greatest opportunity to shape the outcome…

Child support in Texas is based on state guidelines that consider the number of children involved and the  parent’s income who is ordered to pay child support (Obligor). Payments typically go through the State Disbursement Unit, to the receiving parent (Obligee) and support may include health and dental insurance.

Texas does allow child support modifications when income changes significantly. Understanding Child Support in Texas If you are going through a divorce or custody matter, child support is likely one of your biggest concerns. Texas has specific policies that determine how child support is calculated, who pays it, and how payments are handled.

Understanding these rules helps you make informed decisions for your family. Who Pays Child Support? In most Texas cases, the parent who has…

Divorce can be an uncertain and emotional time. Many people worry about what to expect during the process, how the divorce will affect their children, and what their financial future will look like afterward. However, when you and your spouse have a clear understanding of the facts, communicate openly and honestly, and develop a thoughtful plan for the future, those concerns often become much more manageable.

Fear About Finances One of the biggest fears in any divorce is money. You may be asking yourself, “Am I going to be okay financially?” That question sits in the background of nearly every discussion about the issues in a divorce. For some, the fear comes from debt. For others, it comes from uncertainty about savings, retirement accounts, or…

Unmanaged emotions during divorce increases conflict, lead to poor decisions, and can result in increased attorney’s fees, court time, and overall stress. Alternatively, utilizing a  structured support like Collaborative Divorce and mental health professionals will help to control emotions and reduce costs.

Escalating Conflict Increases the Cost of a Divorce Divorce is an emotional experience, and unmanaged emotions will turn your small disagreements into major disputes. What may begin as a minor issue can quickly grow into a larger conflict when your emotions take over.

As conflict escalates, resolution becomes more difficult, requiring more time, more negotiation, and more involvement from your attorney. Each additional step adds to the overall expense and emotion stress of the divorce process. Poor Decisions Lead to Bigger Problems Good…

When starting a business, you will need to consider if you will have partners, your potential personal liability, tax implications, and the company structure. An LLC offers liability protection with fewer formalities. A corporation requires a board of directors, bylaws, and annual meetings, and may involve shareholder taxation.

A general partnership is simpler but offers less liability protection. Proper business formation filed with the State of Texas is required before you start doing business. Key Considerations When Choosing an Entity for Your Business When forming a new business, one of the first decisions is to select the right type of business entity.

There are several important factors in selecting the entity type you wish to create. Here are some of those considerations: Each structure offers…