Courts routinely order that the parties attempt to resolve their divorce by mediation prior to scheduling a contested final trial.  One reason courts favor mediation is to help keep the judicial system functioning.  The system would be broken if every case had to go to final trial.  There aren't enough judges and courtrooms...

This is the third post in a three-part series on "reimbursement claims" in divorce.  Recall that all claims for reimbursement are "equitable" in nature, meaning the court has wide discretion in deciding and balancing the outcome.  Some claims, however, cannot be considered by the court since that are prohibited by statute.

Texas Family Code Section...

This is the second post in a three-part series on "reimbursement claims" in divorce.  In Part 1, wife established a reimbursement claim on behalf of the community estate for the reduction in the principal amount of debt on husband's separate property home that accrued during 10 years of marriage.  In Part 1, we determined...

This is the first post in a three-part series on "reimbursement claims" in divorce.  In fashioning a property settlement in divorce, claims for "reimbursement" are a common factor faced by the parties and courts.  In simple terms, a reimbursement claim requests "payback" for the benefit one marital estate conferred on another marital estate, such...

Sometimes a survivor's annuity, such as the Survivor Benefit Plan (SBP) or Former Spouse Survivor Annuity (FSSA), isn't available in military or Federal civil service divorce because a the benefit was awarded in its entirety in an earlier divorce.  All hope for income security might not be lost for the newly divorced...

A "social study" is a common tool court's use to help determine the outcome of child custody disputes.  Texas Family Code Section 107.0511 specifies the minimum qualifications that a social study evaluator must meet.  In general, the evaluator must be a licensed social worker, counsel, family therapist or psychologist who meets the certain...

Indemnity clauses are common in divorce decrees to protect one spouse against the other spouse's court-assigned responsibility for paying a joint debt.  "Indemnify" means to hold harmless for loss.  A short scenario will help explain the concept:

Husband and Wife have a credit card in both names with a $5K balance.  In...

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Estimating the value of a Federal retirement annuity and Thrift Saving Plan (TSP) benefits is important to both Federal employees and spouses facing retirement or divorce.  The Office of Personnel Management (OPM) provides an online tool called the Federal Ballpark Estimator (FBE) that helps answer these questions.

The FBE's stated purpose is...

Divorce is stressful.  Much of the stress is tied to uncertainty about what "life after divorce" might look like.  For Federal employees and spouses, questions linger about what employment-related benefits can be impacted by a court order.  Our firm's website provides a wealth of information about how a Texas divorce decree can impact...