Protecting Your Assets From A Texas Divorce


Divorce is the biggest single business deal most Texans will ever undertake. This comprehensive updated book is designed to help couples retain their assets when they divorce-from spouses who split household items to married business partners who divide large, privately held companies-and emerge from divorce financially intact no matter how difficult the economic landscape. The authors provide expertise in financial planning, estate planning, retirement issues, counseling, real estate, business valuation, taxes, ...

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Divorce is the biggest single business deal most Texans will ever undertake. This comprehensive updated book is designed to help couples retain their assets when they divorce-from spouses who split household items to married business partners who divide large, privately held companies-and emerge from divorce financially intact no matter how difficult the economic landscape. The authors provide expertise in financial planning, estate planning, retirement issues, counseling, real estate, business valuation, taxes, insurance, bankruptcy and other areas affecting the financial future of divorcing Texans.What You Can Learn From This Book* How to organize a winning case
• How to calculate child support
• How to get the most out of your house
• What to do with a family business
• Who gets retirement accounts, stock options, personal property
• When to choose a collaborative law divorce
• How to use mediation
• How to enforce the divorce decree

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Editorial Reviews

The Dallas Morning News
"Relates some unique aspects about Texas family law."
The McKinney Messenger
"The book is intended to help individuals prepare financial information and records before their first consultation."
The Plano Star Courier
"Guides readers through the state's unique divorce laws and prepares them for one of life's most difficult experiences."
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Product Details

  • ISBN-13: 9780974946146
  • Publisher: Professional Solutions Group
  • Publication date: 10/15/2009
  • Series: The Successful Divorce
  • Edition number: 2
  • Pages: 336
  • Sales rank: 1,466,807
  • Product dimensions: 5.90 (w) x 8.90 (h) x 1.20 (d)

Meet the Author

Ike Vanden Eykel, Rick Robertson, Heather King and Charla Bradshaw Conner are four of the top family law attorneys in Texas selected by their peers and featured in Texas Monthly magazine. Vanden Eykel is one of the Top 10 Divorce Lawyers in America and the author of Lone Star Divorce: The NEW Edition.

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Table of Contents

About the Authors 13

Part 1 Contemplating Action

Chapter 1 Hope for the Best, Prepare for the Worst 19

Divorce Can Cause Financial Hardship

Divorce Stats

The Financial Truths of a Texas Divorce

Consider Reconciliation

Staying Together for the Kids?

Planning Your Divorce

He Said, She Said: Two Looks at a Marriage

Chapter 2 In An Uncertain Economy, Divorce Is More Difficult 38

Cash Problems Lead Stress Parade

Business Values Vary

Collaborative Divorce Can Save a Business

Everyone on Economic Scale Affected

Chapter 3 What Kind of Divorce Will This Be? 48

Can Your Spouse Remain a Friend?

Gain Access to Information

Seven Simple Steps to Prepare for Divorce

Think Strategically

Chapter 4 With or Without an Attorney 55

Representing Yourself

Sharing One Attorney

The Importance of a Specialist

Initial Interviews

Questions to Ask Your Attorney

Guarantees vs. Experience

Chapter 5 Collaborative Law 68

A Paradigm Shift in Family Law

If Settlement Fails, Attorneys Must Withdraw

Locate a Collaborative Lawyer

He Said, She Said: A More Humane Method

Chapter 6 Save Money on Legal Fees 77

Educate Yourself

Contingency Fees

10 Effective Strategies for Controlling Legal Fees

Chapter 7 Work Toward Settlement 82

What Is Fair?

Major Financial Blunders

Most Cases Settle

The Importance of Mediation

The Benefits Are Significant

Beware of Mediation Abuse

The Role of Your Attorney in Resolving Disputes

Chapter 8 Handling Temporary Matters 92

Temporary Restraining Orders

Temporary Orders

Protective Orders

Contested Temporary Hearings

He Said, She Said: To Her a Drunk, To Him a Loving Dad

Chapter 9 Finances inthe Short Term 101

Use of Joint Accounts

Joint Credit Card Debt

Paying Bills During the Case

Chapter 10 Discovery 104

Hiding Money, Finding Assets

Make an Inventory

Formal Discovery


Request for Production of Documents

Request for Admissions


Electronic Evidence

Chapter 11 Financial Planning 114

14 Suggestions for Your Financial Security

Chapter 12 Other Professionals Your Attorney May Enlist 119

Other Legal Specialists


Estate Planners


Business Valuation Experts

Mental Health Professionals

Chapter 13 Couples Living Together 129

Common Law or Just Unmarried?

Children of the Unwed

Proving Paternity Now Easier

12 Steps to a More Productive Divorce

Part 2 Dividing Assets and Debts

He Said, She Said: It's Her Separate Property

Chapter 14 Dividing Assets at Divorce 142

Identify Your Assets

Community Property or Separate Property?

What Is Your Property Worth?

The Property Division

Letting the Court Decide

Dividing Assets in a "Just and Right" Manner

Chapter 15 Dealing with the Family Home at Divorce 153

Sell the Home and Divide the Equity

Determine Net Equity in Your Home

Appoint a Receiver to Sell Your Home

Transfer Interest in Your Home from One Spouse to the Other

Temporary Use by One Spouse

When a Judge Must Decide

Consider Your Housing Options

Tax Matters Related to a Home

Play It Safe: Do a Title Search

He Said, She Said: Who Can Afford the Family Home?

Chapter 16 Dividing the Family Business 168

Who Gets the Business?

Valuing the Business

Favored Business Entities

Tax Liabilities of the Business

He Said, She Said: Dental Practice a Major Asset

Chapter 17 Employee Benefits/Retirement and Beyond 183

Characterization and Division of Assets

Options Not Just For the Wealthy

Orders to Divide Retirement/Employee Benefits

Loans, Taxes and Penalties/Retirement Plans

He Said, She Said: Sometimes Forgotten Assets

Chapter 18 Divorces at a Certain Age 195

Social Security Benefits

He Said, She Said: The Ultimate Loss of Identity

Chapter 19 Community Debt and the Impact of Bankruptcy 203

Cataloguing Your Debt

Apportioning Debt

Which Debts Belong to Whom?

Bankruptcy and Its Effect on Community Debts

Alternatives to Bankruptcy

Part 3 Look to the Future

He Said, She Said: No Clear Line between Child Support and Visitation

Chapter 20 Support Your Children 215

Child Support Collection

Calculating Child Support

Special Circumstances

Pay Child Support through State System

How Long Do You Pay Child Support?

Chapter 21 Insuring Your Health and Life 222

Health Insurance for the Children

Health Insurance for Your Spouse

Life Insurance Protects Future Payments

He Said, She Said: Helping Her Regain Her Balance

Chapter 22 Alimony and Maintenance 231

Limited Eligibility

Types of Alimony

Factors to Consider

Modifying Alimony

Tax Implications

Impact of Bankruptcy

Comments From Divorcing People That Make a Family Lawyer Flinch

Chapter 23 Common Tax Issues 239

Prior Year Liabilities or Refund

Who Files Current Year Tax Return?

Payments and Transfers

Who Gets Dependency Exemptions?

Retirement Plan Issues

Overpayment of Texas

Taxing Closely Held Businesses

Chapter 24 If You Go to Court 247

The Family Court Setup in Texas

Your First Court Setting

Appearing in Court

Courtroom Cast of Characters

A Trail Docket Primer

Judge or Jury Best in Property Cases?

Composed on the Stand

Basic Rules for Giving Testimony

Chapter 25 A Divorce Is Granted 256

The Final Decree

Details, Details, Details . . .

Still Upset? Try an Appeal

He Said, She Said: A National Hot-Button Issue

Chapter 26 Relocating a Child and Other Modifications 265

Relocating a Child

Change of Custody

More or Less Support

Modifying Visitation

Chapter 27 Getting On With Your Life 272

When Confronted, Choose Reason

But When Reason Doesn't Work . . .

Chapter 28 Prenups and Postnups: Anticipating Another Marriage 277

What's Protected By a Prenuptial Agreement?

Why a Postnuptial Agreement?

How to Enforce or Break These Agreements

Chapter 29 Never Again 282

Appendices 284

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