Monday, November 30, 2009

Holiday Visitation

Hi. I can't believe that Thanksgiving has already passed. It makes me think that this is the time of year that people begin to have problems with holiday visitations. Please know that if you anticipate some sort of problem that might require court intervention, PLEASE contact a professional now. It takes time to get a case filed and a hearing set and there is not much time until Christmas.

If there is anything that I can do to assist, whether court is needed or not, be call me at 817-285-2855 to schedule an appointment. I have a lot of experience with access issues and together I am sure we can craft of solution.

Diane for Smart Divorce in Texas

Thursday, October 8, 2009

What is community property in Texas?

A common question people ask when they come to see me on an initial divorce consultation is what is community property"?

Community property is all property acquired during the time of marriage, other than by gift or inheritance. But the story doesn't end there. There is a concept in our property laws that allows for mutation of property. On a practical matter, what that means is you might enter the marriage with a house, which is yours separate property, (because you did not acquire it during the time of marriage). Then you might sell that property, and use the proceeds to purchase a vehicle. Even though the vehicle was purchased during the marriage and would appear to be community property, if the proper evidence is presented, the vehicle can be "proven" to be separate property.

Retirement accounts are a common asset which people own either separate property or part separate in part, community property.

If you think you have a separate property claim have a detailed discussion with your attorney or call 817.8285.2855 to see me in Tarrant County, Texas.

For Smart Divorce in Texas

Diane M. Wanger

Thursday, August 13, 2009

Welcome to Smart Divorce in Texas/ Child Custody Child Preference

Hello there. I am excited about talking to you all about Family Law and other interesting things that come up from time to time.

On my mind of late are some recent changes in the law that I'll be talking about over the course of the next few months.

Affidavits of Preference have been repealed by the Texas legislature. That means that in a custody case no longer will you need to get your child to sign a document to say which parent they want to live with. Judges are mandated to talk to the children if requested. I can see that there are going to be many problems with the implementation of this law, not the least of which is the fact that judges are not trained to have these kind of sensitive and potentially damaging conversations with minors. We will see how it develops and I will be sure to report from the field on how it is working.

For Smart Divorce in Texas,

Diane M. Wanger