Fort Worth Divorce AttorneyDrama-Free Divorce so You Can Carry On

Divorce is a legal process for all couples. There are many decisions that two people must make when they get divorced. How will the assets and/or debts of the marriage be split? Should a wife go back to her maiden name? Who will be the managing conservator of the children? What about Fido (the dog)? For couples with children, the questions surrounding child custody may be a complex issue.

These decisions are rarely easy and are made more complicated by the emotional stress of the divorce. You need a lawyer with the experience to take care of your legal situation with dignity and compassion -- leaving drama behind -- to help get you back to the life you intend to lead, as quickly as possible. The divorce attorneys of Jim Ross & Associates do exactly that.

High Asset DivorceThe Division of Marital Property

Many people believe that in Texas the assets of a marriage must be split 50/50 upon divorce. This is not the case. The court will make a division of the property that it considers to be "just and right." Sometimes this standard leads to a disproportionate division of assets, but Texas law requires that the circumstances justify awarding significantly more than one-half of the assets to one spouse.

The court weighs several considerations as it determines how to split assets, including:

• Fault in the breakup of the marriage (e.g. cruelty, adultery, felony conviction, confinement of one spouse in a mental hospital);
• Fraud on the community (e.g. one spouse spends community assets in carrying out an extramarital affair);
• Disparity of earning power between the spouses or the closely related factor of the comparative education and employability of each spouse;
• The nature of the property

Temporary Restraining OrdersProtect Your Joint Bank Account from Hasty Liquidation

If you are in a situation in which you and your spouse have considerable assets, and you suspect that your spouse may try to spend down community funds during the course of a divorce, you may want to consider a temporary restraining order. A TRO essentially maintains the "status quo." It prevents spouses from making significant expenditures or transfers of property.

A 14-day temporary restraining order may be filed ex parte, which means that you and your attorney may ask the judge for the TRO without consulting your spouse and his or her attorney. At the expiration of that time period, you can consider whether further judicial action is needed to protect your assets. The divorce attorneys at Jim Ross & Associates can advise you about whether seeking a temporary restraining order may be in your best interest to preserve your assets.

Agreement Incident to DivorceKeeping Your Assets Private Knowledge in a Public Divorce

While alleging fault in your divorce may result in your being awarded more of the assets, the divorce decree--which is a public document available to be read by anyone including your children and your friends--will recite the fault accusations. The divorce decree may also recite all of the property interests and assets that are being divided. If you and your spouse amassed a large amount of assets during your marriage that now must be split in the divorce decree, you may want to consider an Agreement Incident to Divorce to maintain some privacy regarding your assets. An Agreement Incident to Divorce is a private document that details the division of assets and liabilities and which is incorporated by reference in the Final Decree of Divorce.