Austin Divorce Law Blog

  • Preparing for the Division of Retirement Benefits

    || 24-Feb-2015

    Have you and your spouse filed for divorce ? Are you preparing for all the legal hills and obstacles to come? Do you know what will happen to your property, including those hard-earned retirement benefits? Whether you are the spouse who believes you are entitled to these benefits or the one who wants to protect them, it is important to have a firm understanding of how Texas views retirement plans ...
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  • Benefits of Uncontested Divorce

    || 10-Dec-2014

    An uncontested divorce is what happens when both spouses agree to the divorce and do not have serious issues with how spousal maintenance, child custody, and property division will be awarded. A contested divorce is one where the spouses cannot reach an agreement about anything in a divorce. Contested divorce can take months of expensive litigation to come to a close. In contrast, obtaining an ...
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  • Holiday Tips for Divorced Parents

    || 3-Dec-2014

    The holiday season can be hard on families affected by divorce. It is stressful for parents that are attempting to determine how they will create the holidays for children, and children who are suddenly facing this time without the support of both parents for the first time. As a parent, it is important that you do what you can to make the holidays as smooth as possible for all involved. Keep the ...
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  • How is Alimony Calculated?

    || 26-Nov-2014

    Following a divorce, the court may mandate one spouse to make payments to the other. Known as alimony or spousal maintenance, the purpose of this payment is to ensure that neither party faces undue financial hardship based on the decision to no longer be married to one another. Other ways that spousal support can be granted is if one spouse committed an act of violence against the other, a ...
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  • Types of Child Custody in Texas

    || 19-Nov-2014

    When the parents of a child are no longer involved with one another, one of the hardest decisions they will need to make is how they are going to divide their time with the child. Known as child custody, this legal decision is heavily impacted by what is in the best interests of the child when it comes to spending time with their parents. Texas law ensures that neither parent is favored, as the ...
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  • Does Texas Recognize Common Law Marriages?

    || 3-Feb-2014

    Texas has recognized common law marriages since 1847. Texas refers to common law marriages as informal marriages. In order to be informally married the following requirements must be met: The parties must agree to be married – this means that the parties must agree to be presently married; therefore, an agreement to marry in the future would not satisfy this requirement; After agreeing to be ...
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  • What is Marital Property?

    || 27-Jan-2014

    Martial property consists of all property that a spouse brings into a marriage or acquires during the marriage. All marital property is either community property or separate property. Generally, separate property is: Property that a spouse owned prior to marriage; Property that a spouse inherited; Property that a spouse received as a gift; Property recovered for personal injury; and Property that ...
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  • Can I Stop My Divorce?

    || 20-Jan-2014

    For one reason or another, one spouse or both partners may wish to delay or stop the divorce process. Depending on the circumstances involved, there may be certain situations where this is possible. Situations where you can stop your divorce proceedings include: You Are the Petitioner – If you filed the Petition for Divorce and your spouse did not file a Counterpetition, you can file a ...
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  • 5 Tips for Saving Time and Money During Your Divorce

    || 14-Jan-2014

    There's no avoiding the fact that the divorce process is costly, both financially and emotionally. Here are some tips that will help ease the process. Do your homework in advance. Locate and obtain important documents and financial records as soon as possible! It is very likely that your attorney will need bank and credit card statements, documentation of loans and mortgages, pay stubs, tax ...
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  • Is Mediation Better than Divorce Court?

    || 7-Jan-2014

    Mediation is a form of dispute resolution that allows couples to reach divorce settlements outside of the courtroom. If you're seeking a divorce, you may wonder, "Is mediation the best option for me?" The answer to this question depends on the unique circumstances surrounding your case. Generally speaking, mediation is a better option for uncontested divorces. On the other hand, ...
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  • Five Divorce Mistakes and How to Avoid Them

    || 21-Oct-2013

    Divorce is hard – no one's arguing that – but mistakes can take an already stressful situation and turn it into a disaster. Here are five of the biggest divorce-related mistakes husbands and wives can make during a separation, according to a recent article by Huffington Post : Starting the divorce process without a clear understanding of your finances. Huff Post advises soon-to-be ...
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  • Questions for Divorcing Parents

    || 14-May-2013

    In our last blog post, we asked whether or not childless couples face easier divorces. While the absence of children in a marriage doesn't always make the divorce process more efficient, children necessitate a child custody, child support, and (sometimes) spousal support payments. These issues can be very complicated. Here are three of the most important questions that couples with children ...
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  • Is Divorce Easier if You Don't Have Children?

    || 13-May-2013

    Divorce is never easy, but the absence of children can make the divorce process less involved. During a divorce, you and your spouse will probably have to deal with the following issues: asset division, spousal support, and debt division. If you have children, you and your soon-to-be ex will have to deal with other divorce-related issues as well, including child custody, child support, ...
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  • Should I Keep the House After Divorce?

    || 10-May-2013

    Property division is a hot-button issue during any separation. If you're going through a divorce, you probably have a lot of questions about asset and debt division. One of the most common questions asked during divorce is " Who will get to keep the house?" The court will determine who retains which assets, but consider the following question before you decide to fight for the ...
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  • Divorce How-To: Talking to Your Children About Divorce

    || 8-May-2013

    Talking to your kids about divorce may be one of the most challenging facets of your separation. Young children may have difficulty navigating the emotional complexities of a separation, but they can learn from these experiences too. If you are a parent and have difficulty talking to your children about divorce, remember this: Your children want to know that they are loved above everything else. ...
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  • Will domestic violence affect my alimony agreement?

    || 6-May-2013

    The presence of domestic violence can impact your alimony agreement. In Texas, spouses can obtain two types of alimony: negotiated alimony and court-ordered spousal maintenance. The difference between these two categories is simple; court-ordered alimony is not negotiable, while both spouses can negotiate an alimony agreement under normal circumstances. Typically, spouses are not eligible for ...
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  • Small Mistakes that Cause Big Problems in a Divorce

    || 3-May-2013

    The Huffington Post recently asked readers about their personal experiences with divorce. Specifically, they asked readers to share their worst divorce mistakes. As family law attorneys, our team has helped many people avoid careless errors during the divorce process. Below, you will find a few of the most common "little" divorce mistakes that can have big consequences: Assuming that ...
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  • "My Friends are Getting a Divorce; Should I Choose Sides?"

    || 2-May-2013

    What happens when two of your friends file for a divorce ? Divorce is difficult, even if you aren't directly involved. Dealing with a friend's divorce is even more challenging when you are close to both spouses. Here are a few ways to stay friends with both sides of the split: Do not choose sides. If you are caught in the middle of divorcing friends, tell both spouses that you will not ...
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  • Divorce How-To: Choose the Right Divorce Lawyer

    || 1-May-2013

    Divorce is permanent. If you will face a divorce shortly, finding the right lawyer to represent your case is imperative. Whether you realize it or not, your divorce settlement can impact facets of your life for many years – especially your finances. A high-quality divorce attorney can protect your future and your financial security. Below, you will find tips to make sure that you choose the ...
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  • Why You Shouldn't Listen To Divorce Advice from Your Friends

    || 30-Apr-2013

    Advice from your friends is usually a good idea – unless you're facing a divorce. Friends can help you cope with divorce emotionally, but watch out for well-meaning friends who try to give legal advice. To begin with, your friends probably don't have a comprehensive understanding of your marriage relationship or divorce. Avoid listening to advice from someone who hasn't witnessed ...
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  • Prenuptial Agreements: Discussing Divorce Before Marriage

    || 29-Apr-2013

    If you're looking forward to marriage, you know the term " prenuptial agreement." A prenuptial agreement is a legal document prepared before marriage that delineates how the couple's assets will be divided in the event of a divorce. You might think that prenuptials are reserved for people with large estates, businesses, or other significant assets. In reality, prenuptial ...
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  • Tips for Starting a Successful Blended Family

    || 25-Apr-2013

    Only a few decades ago, the concept of a "blended family" seemed abnormal – if not impossible. Today, more than half of American families are either re-coupled or re-married. In other words: blended families are the norm. This doesn't mean that stepfamilies have it easy, though. In fact, divorce remarriage can be extremely trying, especially if one or both spouses have ...
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  • Psychological Roadblocks that Prevent Happy Marriage

    || 24-Apr-2013

    Research suggests that a variety of psychological roadblocks can not only make your marriage less satisfactory, but destroy it. Differing views of parenting is one of the most common psychological roadblocks associated with unhappy marriages and divorce. Although many couples decide to have children before they marry or marry into a blended family, other spouses do not have the advantage of seeing ...
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  • Five Ways to Cope with the Stress of Divorce

    || 23-Apr-2013

    Divorce may be one of the toughest challenges you face – but this doesn't mean you can't overcome the stress associated with it. Experts suggest these five simple ways to ease the stress of a divorce: Exercise – Everyone knows that exercise is good for your body, but it can be good for you mind as well. This is especially true when you're dealing with the additional stress ...
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  • Would You Reconsider Divorce Because it's Bad for the Environment?

    || 22-Apr-2013

    Divorce can have a life-altering impact on your life; did you know that it can affect the environment as well? In a publication about the environmental impact of divorce, researchers found that divorce is inefficient, environmentally speaking. In fact, the UN State of the World Population report of 2009 went as fart to say that one divorce could emit more carbon dioxide into the atmosphere than an ...
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Austin Divorce Attorney

Office Location:

Menduni Martindill, PLLC
Austin Divorce Attorney
1717 West 6th Street #212,
Austin, TX 78703
Local Phone: 512.961.8060
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