Ward, Myers & Stallings 2026-06-16T18:53:14Zhttps://www.wardmyers.com/feed/atom/WordPress/wp-content/uploads/sites/1403975/2023/05/cropped-site_icon-32x32.jpgOn Behalf of Ward, Myers & Stallings<![CDATA[Should you keep the family home in a divorce? pros and cons]]>https://www.wardmyers.com/?p=487842026-04-01T17:13:34Z2026-04-01T17:13:34ZThe pros: stability and continuity
Staying in the family home can provide significant non-financial benefits, particularly when minor children are involved. In the intense Texas real estate market, maintaining an existing mortgage can be a strategic move:
Educational consistency: Remaining in the same school district minimizes the disruption to the daily routines of your children.
Market hedge: Avoiding a new home search in a fluctuating market prevents the stress of competing for limited inventory at potentially higher interest rates.
Long-term appreciation: Real estate in West Texas has historically served as a robust investment, offering significant equity growth over time.
While these benefits are compelling, they must be balanced against the "carrying costs" of the property, including rising property taxes and insurance premiums that may become burdensome after a decree is finalized.
The cons: financial and practical burdens
The primary risk of fighting for the house is becoming "house poor," where your monthly housing obligations exceed a sustainable percentage of your post-divorce income. Under the Family Code, the court is mandated to order a division of the estate in a manner that the court deems "just and right," which does not always result in a 50/50 split:
Refinancing hurdles: To remove a spouse from liability, you must typically refinance the mortgage, which often requires an Owelty lien to "buy out" their share of the equity.
Reimbursement claims: Under state law, using "separate property" funds to pay down a "Community" mortgage can lead to complex legal claims for reimbursement.
Inception of Title: Texas follows the "Inception of Title" rule, meaning the character of the property (separate or community) is determined at the time the right to the property originated.
If the financial math does not support the mortgage and upkeep, selling the asset and splitting the net proceeds often provides a cleaner break and a more flexible financial future.
Navigating the Texas "buyout" process
If you choose to keep the home, you must compensate your spouse for their portion of the community equity. This exchange usually involves trading other high-value assets, such as a retirement account, or securing an Owelty refinance to provide a cash payment. Because the court possesses broad discretion, the final calculation can vary based on the specific facts of your marriage and the relative earning capacities of each spouse.
Securing your title and ensuring that all Owelty deeds are filed correctly is a technical task that requires professional oversight to prevent future litigation. Consulting with an experienced legal advocate can help you determine the characterization of your assets and protect your equity during this critical transition.]]>On Behalf of Ward, Myers & Stallings<![CDATA[Just served with divorce papers. Now what?]]>https://www.wardmyers.com/?p=487602025-09-25T20:22:02Z2025-09-25T20:22:02ZTake a moment
First, take a deep breath. You may feel angry, sad or possibly relieved. Whatever your emotions are, take a moment to process them. Avoid lashing out at your spouse or posting about it on social media. A clear mind is essential for making sound decisions. Talk to a trusted friend or family member for support and encouragement.
Seek representation promptly
You have a deadline to respond to the divorce petition. In Texas, you must file an answer with the court by the first Monday after 20 days of being served. Your attorney can help you understand the specific terms of the petition and your legal rights.
For example, Texas law includes a 60-day minimum waiting period. It also uses a community property system to divide assets. A lawyer can help you understand these complex rules and ensure the court hears your side of the story.
Read the papers and plan a response
Read the papers carefully. Note the filing date and the grounds for divorce. The documents may also include requests for child custody support or property division. Texas has both “fault” and “no-fault” grounds for divorce.
A no-fault divorce is based on "insupportability," which means the marriage has become unworkable and irreparable. A contested divorce means you and your spouse disagree on key issues. An uncontested divorce means you agree on everything. Filing a proper answer with the court is crucial for protecting your rights.
Gather documentation
You need to retrieve important financial documents. This evidence is necessary for the court to divide community property accurately. Spouses must disclose all assets acquired during the marriage. Here are some of the key financial documents to collect:
Bank statements
Tax returns
Pay stubs
Retirement account information
The more organized you are, the more efficiently your case can move forward. Your attorney will need these documents to build a strong case for you.
Plan for child custody
If you have children, you must create a parenting plan that prioritizes your children’s best interests. It covers important topics like child support and possession orders.
You must also consider your financial situation and living arrangements after finalizing the divorce. Remember, this is an opportunity to begin a new and better chapter for your family.
Take control
Being served with divorce papers often feels like a sad ending. However, it is also a new beginning. With the assistance of a skilled and compassionate lawyer, you can take control of your new situation and set a strong foundation for your future.]]>On Behalf of Ward, Myers & Stallings<![CDATA[Does your estate plan cover your digital assets?]]>https://www.wardmyers.com/?p=486442024-07-30T13:58:04Z2024-07-30T13:58:04ZIn today’s digital age, estate planning isn’t just about physical assets. It’s also about protecting your online legacy. Many Texans overlook their digital assets, but they can be just as important as physical properties. It’s vital to consider what your digital assets are, how to protect them and what the consequences of ignoring them might entail.
Social media and monetized accounts: Facebook, Instagram, TikTok and LinkedIn profiles.
Online storefronts: Etsy, eBay and others.
Online banking and investment accounts: Access to your financial information and transactions.
Digital photos and videos: Memories stored on platforms like Google Photos or iCloud.
Email accounts: Personal and professional email accounts.
Cryptocurrency: Bitcoin, Ethereum and other digital currencies.
Online subscriptions: Services like Netflix, Amazon Prime and Spotify.
These assets can hold both sentimental and financial value, so it is crucial to include them in your estate plan.
Estate planning tools for digital assets
To protect your digital assets, you need specific tools and documents:
Digital asset inventory: List all your digital assets and how to access them.
Passwords and access information: Store this information securely, such as in a password manager. Be sure someone you trust can get to the accounts when the time comes.
Digital executor: Name someone to manage your digital assets after your death.
Legal documents: Update your will and include instructions for your digital assets.
Making these elements a part of your estate plan protects assets and accounts that could otherwise be overlooked or blocked.
Consequences of oversights
You might not think you have a robust digital inventory or footprint, but what you have could surprise you. Ignoring online assets in your estate plan can lead to several issues:
Loss of valuable information: Your loved ones could lose important documents and memories forever.
Release of sensitive information: If you are incapacitated or pass away, accidental or malicious release of private data can threaten your legacy and your family’s reputation.
Financial loss: Unclaimed online accounts and cryptocurrencies can result in economic loss.
Identity theft: Unauthorized parties could hack into unsecured accounts, leading to identity theft.
By addressing your digital assets in a comprehensive estate plan, you protect your legacy and provide peace of mind for your loved ones. ]]>On Behalf of Ward, Myers & Stallings<![CDATA[We are getting divorced: Will our prenup apply?]]>https://www.wardmyers.com/?p=486392024-04-29T14:30:14Z2024-05-17T18:23:22ZDivorce is a challenging journey, one often filled with uncertainty and concern. If you have a prenuptial or postnuptial agreement, you can be ahead of the game in terms of making decisions and knowing what to expect.
However, depending on your circumstances, you might question how (and if) these agreements will affect the process. Let's explore how these contracts come into play and what you can expect if you divorce.
What makes a marital agreement valid?
In Texas, certain conditions must be met for prenuptial and postnuptial agreements to be valid and enforceable. To increase the likelihood that these contracts will hold up in court, consider the following requirements and tips:
Properly signed: Parties must have the contract in writing and sign it willingly and voluntarily. This must happen before a wedding in the case of a prenuptial agreement.
Sound mind: Both parties must be of sound mind and have the capacity to understand the agreement. They should have adequate time to review it before signing.
Legal guidance: The law does not require parties to have legal counsel review these documents with spouses. However, doing so can prevent unfair or undesirable terms from being part of the agreement.
If your agreements meet these criteria, it is more likely that the courts will enforce the terms.
Potential vulnerabilities to know about
However, there are circumstances where prenuptial and postnuptial agreements might come under scrutiny. You or your ex may have reason to try and contest it in an effort to have the courts set it aside if there are claims of the following:
Inaccurate or incorrect information: If one party hid misrepresented assets or lied during the creation of the agreement, it could be grounds for invalidation.
Illegal clauses: Any provisions that are illegal or go against public policy can render the agreement void.
Jurisdictional issues: Laws vary by state, and an agreement that is valid in one state might not be in another.
If your agreement has any of these issues, it may not provide the protection you anticipated.
Embracing the future with confidence
Prenuptial and postnuptial agreements should bring clarity and security to an uncertain time. However, even with these contracts, you may still find yourself facing doubts and questions. Talking to an attorney can help you assess your options and make informed decisions.]]>On Behalf of Ward, Myers & Stallings<![CDATA[How much does a divorce cost in Texas?]]>https://www.wardmyers.com/?p=486382024-04-26T16:02:55Z2024-04-26T16:02:55ZOn average, Texans might expect to pay around $23,500 when children are involved and $15,600 without children, leading to a state average of $19,550. This figure contrasts the national average, which is over $12,800.
Why Does Divorce Cost So Much?
The cost of divorce hinges mainly on the case's complexity—specifically, the number of issues the spouses can settle amicably versus those requiring negotiation. While filing fees are relatively low, typically in the hundreds of dollars, attorney fees will make up the bulk of the expenses. The more disagreements there are, the more time lawyers need to negotiate, increasing the billable hours. Additionally, the costs can soar when a divorce case goes to trial due to the extensive preparation and court time involved.
The high price of cutting corners
While legal fees add up, we believe that clients can’t afford to cut corners. Achieving a balanced and fair divorce agreement at a reasonable price is desirable, but it shouldn't come at the cost of accepting unfavorable terms. Divorce is a significant life event, and the decisions made during this process can have long-lasting effects on parenting arrangements, financial support for children or a spouse, custody matters, and the division of shared property.
To safeguard their interests and those of their children, clients can work with attorneys on the following:
Conduct a thorough review of all assets, with legal verification, including retirement accounts, insurance policies, stocks, and foreign holdings.
Obtain precise valuations of tangible assets like real estate, business interests, and other valuable commodities that may appreciate over time.
Assess each spouse's current and future earning capacity accurately.
Address any unique circumstances of the marriage, such as disabilities or additional expenses for any children involved.
Overlooking these considerations can lead to regret and potentially to another date in court to seek a modification.
The advantage of getting it right initially
Partnering with a family law attorney who brings experience and legal knowledge to the table provides peace of mind during this time of transition. Not only can the lawyer aid with significant issues like equitable distribution of assets, but they can also manage the finer points of the divorce, such as creating a parenting plan that works for the entire family.]]>On Behalf of Ward, Myers & Stallings<![CDATA[4 reasons a Texas family court judge will modify a child custody order]]>https://www.wardmyers.com/?p=486142023-10-09T15:29:56Z2023-10-09T15:29:56ZChild custody orders can be changed whenever necessary to ensure the children always have a safe, stable and loving living situation.
Texas law allows parents to file a custody modification request in certain circumstances. The most commonly used reason is "the circumstances of the child... or other party affected by the order have materially and substantially changed" since the order went into effect. In other words, something about the child's needs or circumstances, or one of the parents' ability to share custody or have visitation time, has changed significantly.
Why do parents modify their child custody?
Common reasons that Midland parents seek a modification include:
Addiction. If your co-parent has developed a serious drug or alcohol problem, they might have become unable to care for your kids.
Moving. A parent hoping to move out of state or even several hours away by car could need changes in the custody order to make that happen.
Parental alienation. If your ex is trying to poison your relationship with your child, or is not complying with the terms of the order (i.e., not showing up to transfer custody at the agreed time and place), that could be grounds for a modification.
The child's desires. Texas family courts will consider the desires of a child aged at least 12 if they wish to change the custody arrangement to live primarily with one parent or the other.
Whether you are seeking a change or oppose your ex's request, experienced legal advice and representation are essential to protecting your children's best interests.]]>On Behalf of Ward, Myers & Stallings<![CDATA[Who gets the pets in a Midland divorce?]]>https://www.wardmyers.com/?p=486082023-10-05T15:15:38Z2023-10-05T15:15:38Zsimilar to child custody, the answer is no.
Objects, not children
Traditionally, pets are considered chattel, which is a legal term for personal property. Texas divorce law treats Fido the same as it does your furniture and record collection: objects to be divided up in your asset division settlement. If you and your spouse cannot agree who will get the animals, the judge will decide.
This can seem cold-hearted to many pet owners. After all, pets like cats and dogs are living creatures who can get very attached to their humans. Unlike inanimate objects, they have feelings and could be traumatized when one of the adults suddenly disappears from their lives. Certainly, it can hurt you, as the owner, to have to give up the pet you love.
Will the law change someday?
Some states are slowly moving toward treating pets as more than chattel in divorce proceedings. But Texas still uses the traditional approach. While you and your spouse can agree to an unofficial custody plan to share your pets, neither of you can enforce that plan in court if your ex stops cooperating. But if you and your ex can still trust each other, your pets can stay in your lives.]]>On Behalf of Ward, Myers & Stallings<![CDATA[Welcome To Our Blog]]>https://www.wardmyers.com/?p=485642023-08-18T14:20:54Z2023-08-18T14:20:54Z