The Rise of Gray Divorce in Texas

Some Say Gray Divorce, Some Say Silver Divorce, at Increasing Rates in Texas

Baby boomers divorcing in Texas may have been married for 20 to 30 years or more. The term gray divorce or silver divorce applies to husbands and wives over 50. From couples who grew apart, realized different goals or have different needs, baby boomers are making mid-life changes in direction.

Some men and women have grown apart from their spouse with whom they live more like roommates than a couple. When the kids are raised and out of the house, what is the focus on your marriage? Are you still on an exciting journey through life with your husband or wife? People are learning many can divorce peacefully and stay friends and good parents while going in their own directions, on their own.

In a gray divorce, baby boomers over 50 may have many years they still plan to work, and others are retired or preparing to wind down work. When there are significant assets, money, and property to consider for division, it is important to use experienced divorce lawyer counsel and make sure your bests interests come first and foremost.

Gray Divorce in Texas

Listen to this Richard T. Sutherland podcast: Community and Separate Property in Texas

In Wichita Falls and around Wichita County and nearby communities, divorcing baby boomers may call Attorney Richard T. Sutherland for divorce over 50. For decades, Richard T. Sutherland has represented divorce clients in Northwest Texas with complex divorce, finance and property issues. To learn your rights and options in gray divorce in Wichita County, Texas, call Richard T. Sutherland at (940) 691-2100.

 

Gray Divorce Reasons

Different issues may lead to gray divorce, compared to younger couples. Parents over 50 have raised a family and watched their children grow. They may have increased focus on their own needs and goals. Over decades of adult life, men and women grow and learn about themselves and the world around them. When children are thriving as young adults, parents feel a sense of accomplishment. Baby boomer parents may also feel more comfortable getting a divorce.

After the kids are out of the house, couples tend to focus on their finances and how long they plan to work before retiring. Conflict arises during differences between savers and spenders. When you have limited time to earn and grow retirement money, the saver vs. spender issue can be one of the factors leading men and women in long term marriages to divorce.

Read our blog article: High-Net-Worth Divorce

Gray Divorce After 50

People are living longer and many healthy baby boomers over 65 today will live into their 90s. Increased life expectancy causes people to think about a few things:

  • Is there enough retirement money to cover me if I live that long?
  • Do I need to stay in an unhappy marriage?
  • How do my spouse’s health and concerns affect me?
  • Can I move closer to other family and spend time with them?
  • Where are my work and income opportunities?

Questions about how to hire a lawyer? Listen to this Richard T. Sutherland podcast: Help! I Need a Lawyer!

Gray Divorce in Texas: Critical Issues

A person paying spousal maintenance by agreement or by order of the court may have a complex income and compensation package with a variety of benefits, all of which have value. The total compensation a spouse receives must be determined.

Money and assets inherited and maintained as separate property should stay with that spouse in the divorce. However, when money has been co-mingled and assets bought and sold, it can be a challenge to prove something is separate and not part of the community marital estate.

The value of property and assets, both separate and marital, must be determined using appropriate professionals and experts. Also, finding and accounting for all the assets is important. Sometimes people find what they thought was there, is not. Sometimes spouses discover the wasting of marital money when one is cheating and spending money on a paramour.

Retirement account and life insurance policies are reviewed for division in divorce in Texas. How and when you can exercise your rights to these accounts and money depends on many factors in your divorce and retirement plans.

Forbes also has an article on these general topics: 4 Main Challenges of a Grey Divorce

Gray Divorce and Finances

So many couples made sound financial and retirement plans and worked hard for the future. Along the way, some gain and lose money for all kinds of issues. Many times there is nobody to blame for losing money, other times it is someone’s responsibility.

Regardless of fault, the question you need to ask is whether I will have a better or worse financial position if I get divorced. However you answer that question, it is one you should face. A secondary issue is your education and earning capacity. For many baby boomers, there are career change opportunities where experience and maturity are valuable assets.

You and your financial advisors can review your options in divorce and how your money will carry you into your senior years, and whether you may need to keep working, and for how long.

Those with education and experience can work with consultants who help repackage your background and skillsets for new opportunities. Depending on your financial needs, you may find you have a greater range in your next steps.

Call Attorney Richard T. Sutherland for Gray Divorce in Wichita County, Texas

Richard T. Sutherland is an experienced divorce and family law attorney in Wichita County, Texas. Licensed in Texas (not Oklahoma), Mr. Sutherland is well-known for handling the challenging divorce, asset, and property division issues.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas. For a consultation with Mr. Sutherland, and information about gray divorce in Texas, call (940) 691-2100.

 

HELP! I NEED A LAWYER!

Helpful Tips and Finding and Hiring a Lawyer: A Richard T. Sutherland Podcast

In this podcast with attorney Richard Sutherland in Wichita Falls, Texas answers the questions most people ask about how to go about finding a lawyer. This blog article serves as a summary of key points. Anyone who needs a lawyer should listen to this podcast and learn the questions and answers about the process of finding a lawyer, meeting with them for a consultation and about elements of the attorney-client relationship.

Listen to Richard T. Sutherland’s Podcast About How to Find and Hire a Lawyer
HELP! I NEED A LAWYER! Helpful Tips in Finding and Hiring a Lawyer
HELP! I NEED A LAWYER! Helpful Tips in Finding and Hiring a Lawyer

Common Questions and Issues in Finding and Hiring a Lawyer for Divorce, Child Custody, Child Support, and Modifications.

If you needed to hire a lawyer, how would you go about it?

Financial professionals such as CPAs are also good sources to finding lawyers. They might give you a referral to call a lawyer they know, like and trust. If the lawyer, you call works in a different area of law practice they can make a recommendation and give you the name and number for a lawyer who can help you.

What if no one you know has hired a lawyer or they didn’t like the person they hired?  

One way to find a lawyer is to ask family and friends if they know any lawyers and find out what their thoughts were about the person they hired.

Many people search the Internet and find an attorney in Google search results. If you are looking for a lawyer in a specific practice area you can search that way, for example, “divorce lawyer Wichita County” or more specifically for divorce, child support, child custody or adoption.

You can also use some attorney specific sites such as Lawyers.com or Martindale Avvo where you can find attorneys who are rated by their peers. For example, an AV rated lawyer is deemed to have the highest legal ability and ethical qualifications. Simply search in the filed of law you need a lawyer and where.

What if the attorney I found doesn’t have any recommendations by former clients or has been given poor recommendations, should I avoid that lawyer?

Unfortunately, poor online reviews of lawyers may be a result of a disgruntled client who failed to achieve what may have been a completely unrealistic goal. Worse, it may be a review by the spouse of the lawyer’s client who didn’t like the result and blames his or her spouse’s lawyer for the outcome. Worse yet, the negative review may be placed by the other lawyer.

Note that a lawyer cannot use their client’s name for a review without the client’s express permissions since the lawyer is ethically required to keep the client’s identity confidential.

Are all initial consultations free?

No, all initial consultations are not free and there are reasons why. A lawyer’s advice, as another famous attorney, Abraham Lincoln once observed, is their stock and trade. Giving their trade away for free makes no sense. Lawyer’s advice has value. In a consultation, when the client gives the lawyer confidential information, the lawyer is disqualified from representing anyone ese in their case. So, if the husband has a consultation, lawyer is disqualified from talking to the wife because of the attorney client privilege with the husband.

Unfortunately, there is a common practice by some lawyers, encouraging clients to go and speak with other lawyers to disqualify them from being hired by the other party to the divorce. Some call this an “X out.” So, if husband hires a lawyer and is worried the other lawyers in town might represent wife, they might encourage husband to go talk to the competition law firms so they can’t represent his wife.

Consultations have value. Some lawyers provide a minimum period of free advice such as 30 minutes or less for consultation and other lawyers agree they won’t charge a fee unless the person doesn’t hire them. If the lawyer is hired, the consultation will be charged since the lawyer obtained information necessary to represent the client.

How do I know whether I am going to be charged?

Ask the lawyer when you make the consultation appointment.

I don’t think it’s fair for the lawyer to charge me when all I did was ask him questions.

Lawyers provide legal advice, most often in the form of answers to questions. As you expect to pay a doctor for their advice, you should appreciate paying a lawyer for theirs as well.

What should I expect when I meet a new lawyer?

Prepare a list of questions. You should be comfortable talking to the lawyer about your questions and receiving their response and advice. The lawyer may describe the substance and procedure involved in their situation. If you do not understand, always ask for clarification.

There are no guarantees about the outcome of any case, and you should beware of anyone who claims they can guarantee an outcome. Your lawyer should explain fee and billing practices, so you understand what to expect when you receive a bill for attorney’s fees and costs.

What is a retainer?

A retainer is an amount of money determined by the lawyer as a deposit against costs and fees. There is no a standard retainer and every lawyer may determine their retainer agreement with a client. Filing fees, such as the $630.00 filing fee in Wichita County for a restraining order case, can be paid from the retainer.

As the lawyer works on your case and tracks their time, they apply the hours they work against an hourly rate and bill your retainer. The retainer may need replenishment as the case continues. No lawyer or client knows how long a case will take or what it may cost since there are so many things that can happen.

What is a non-refundable retainer?

Non-refundable retainers are fees paid in advance to secure a lawyer’s services and compensate them for the loss of opportunity to accept other employment. Listen to this podcast and learn why the better rule for practice for family law attorneys is to avoid having non-refundable retainers, for reasons including ethics and professional conduct rules.  

I don’t really have a lot of money to hire an attorney, could he represent me on a contingent fee basis?

No, contingent fees are not allowed in divorce and family law matters. It is prohibited. Richard T. Sutherland explains the unique conflict and conflict of interest between a lawyer and client if contingent fees were to be allowed in family law matters such as custody and adoption.

Can my attorney refuse to release my file to me if I haven’t completely paid him?

No, they cannot hold your file hostage for payment. Doing so may result in damage or prejudice to your rights, prohibited by Texas rules of conduct for lawyers.

I want my mother, father, sister, brother, best friend or someone to come with me when I first consult with an attorney, is that permissible?

Yes, it is common. First the attorney must explain the attorney-client privilege, that it belongs to the client, not the attorney. Richard T. Sutherland routinely explains attorney-client privilege issues and situations to clients who can make an informed decision whether to allow another to be present during their consultation and why they may be exposed to potential danger. Listen to him explain on the podcast.

Are all conversations between an attorney and a client legally protected?

No. If the client were to tell the lawyer that the client intends to engage in criminal behavior after leaving the lawyer’s office, the lawyer is required to report to law enforcement the client’s intent to commit a crime.

There are other times a lawyer must report the abuse or neglect of a child or indecency with a child. Also, changes in testimony can result in the client withdrawing from the case in open court if the client has told the attorney about some act or event and when testifying in court and denying the act or event occurred.

What if I want to change attorneys? How do I do that?

Write your attorney a letter letting him or her know he or she is discharged immediately as your attorney. If you hired someone new, as the new attorney to prepare a motion to substitute counsel and an order of substitution and to send the motion and order to your former attorney for signature. Your former attorney should be given a reasonable amount of time to copy your file before returning original documents to you which must include his notes.

Do I even need an Attorney? Can’t I just get some forms from the Internet and represent myself?

You are not required to have an attorney in Texas. If your case is going to court, you should be familiar not only with the Texas Family Code but also with the Texas Rules of Civil Procedure and the Texas Rules of Evidence. There is not a separate set of rules and procedures for people who represent themselves and no one at the courthouse can give you legal advice.

In this podcast, Richard T. Sutherland explains in detail the pitfalls of trying to do your own divorce using information and forms you find on the Internet.

If you say “Help! I need a lawyer!”, call The Law Office of Richard T. Sutherland at (940) 691-2100.

Located in Wichita Falls, Richard T. Sutherland is an experienced divorce and family lawyer for divorce, child custody, adoption and other marriage and divorce matters. Contact him from the website or call the office at (940) 691-2100. Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

What to Do When Child Protective Services Calls

What to Do When Child Protective Services Calls: A Wichita Falls Family Law Podcast with Richard T. Sutherland
What to Do When Child Protective Services Calls: A Wichita Falls Family Law Podcast with Richard T. Sutherland (940) 691-2100.

Who is Child Protective Services and What is its Purpose?

This month’s Wichita Falls Family Law Podcast with Richard Sutherland focuses on Child Protective Services (CPS) and provides an overview of key elements of the purpose of the agency and what to do when Child Protective Services calls.

Questions Answered in this Child Protective Services Podcast

  • What is Child Protective Services?
  • What is the purpose of CPS?
  • What is meant by the word, “abuse” and what is “neglect?”
  • What is the general process of CPS reporting?
  • What is involved in the investigation process?
  • Why people hire attorneys and how they represent parents in CPS cases?

Highlights of this CPS Overview Podcast

About Child Protective Services: CPS is a division of the Texas Department of Family and Protective Services, the agency investigating reports of abused or neglected children in Texas. There are 13 categories of what constitutes abuse and four categories for neglect under Texas law. Note that accidents and reasonable discipline not exposing the child to the risk of substantial harm are excluded from the definition of abuse in Texas.

Who makes CPS reports? The Texas Family Code requires any person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect SHALL IMMEDIATELY MAKE A REPORT. This requirement includes people with whom certain communications are otherwise privileged such as:

  • Lawyers;
  • Clergy;
  • Medical Practitioners
  • Social Workers
  • Mental Health Professionals
  • Employees or members of boards that license or certify professionals;
  • Employees of clinics or health care facilities that provide reproductive services.

About the CPS Report: The report should include the reporting party’s belief that a child has been abused or neglected or who has died of abuse or neglect, and the report can be made to law enforcement, CPS or state agencies regulating a facility where alleged abuse or neglect occurred. The reports contain the name and address of the child and other persons responsible for the care of the child and other pertinent information.

About the CPS Investigation Process: Being prepared in the event CPS or law enforcement contacts you about a report of abuse or neglect is important. Contacting an attorney is advisable and it does not mean you look guilty. There are a variety of steps involved in a CPS investigation and interviews of the child may take place at school or at home, including persons CPS determines are necessary to be present.

Important Takeaways: A CPS complaint can arise in a variety of settings such as one spouse in a divorce making complaints of the other to try and improve their chances of getting sole custody or a larger share of the marital estate. There is protection for people who are wrongfully accused. CPS is duty bound to investigate all complaints to protect the interests of children. Being organized and having an experienced family law attorney is important.  

In the next podcast in this series we will talk about suits brought by governmental entities to protect the child.

Richard T. Sutherland is an experienced Wichita Falls, Texas divorce and family law attorney. If you need to learn more about what to do when Child Protective Services calls, or any other matter involving the best interests of and care of children, call us at (940) 691-2100 or contact us through our website.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas: Podcast Summaries

Podcast Summaries: Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas
Podcast Summaries: Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas. For more, call (940) 691-2100.

Wichita Falls Family Law Attorney, Richard T. Sutherland offers a variety of short podcasts explaining common issues in divorce and family law in Wichita Falls, Texas. Click on the titles to access the podcasts on our Wichita Falls Family Law website.

Call Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100 if you need help or send an e-mail through the website on the Contact Us page.

Make sure to LIKE our Facebook page so you find our new monthly podcasts in your newsfeed and SHARE with your neighbors, friends and family.

Child Support Calculations in Texas

Every child support matter is unique and the rules that apply to child support calculation depends on your child support obligor’s employment and financial standing. For example, there are unique rules that apply to members of the armed services.

Community and Separate Property in Texas

About Community Property generally: Texas law defines community property as being the property, other than separate property, acquired by either spouse during the marriage. Separate property is defined as being property owned or claimed by a spouse before marriage. Property acquired by a spouse during marriage by gift, devise or descent and the monetary proceeds for an injury sustained by a spouse during the marriage, except for lost earnings and medical expenses.

Conservatorship and Parenting

Listening to this Texas child custody and conservatorship podcast can help people better understand how conservatorship works, and it can be confusing. People often call Attorney Sutherland reporting they have joint custody, and many times those parents are joint managing conservators with rights to child support, to determine the residence of a child and primary possession and access to the child, for example. If you only take one thing away from this podcast, custody and conservatorship are not the same in Texas divorce and family law.

Geographic Restrictions and Relocation

Texas courts imposes geographic restrictions until the child reaches the age of 18 and the court no longer has jurisdiction over the child, or when the non-custodial parent or conservator no longer resides within the geographical area imposed by the court. The geographic restriction may also be lifted when the custodial parent files a petition to modify the order which granted the restriction.

Marital Debt and Liability

Who is liable for a debt and what property is subject to execution to satisfy the debt liability? We use the examples of the purchase of a truck and the transfer of title to a house.

What happens to the parties if the husband defaults on the note he used to buy the truck? Is the wife liable? If the bank sues the husband, it can seek to collect its judgement from three sources.

Military Deployment and Custody in Texas

Military deployment, military mobilization or temporary military duty can impact the lives of parents with children in and around Wichita Falls, Texas. In this monthly Wichita Falls Family Law podcast discussion with Attorney Richard Sutherland, we discuss a few of the key issues and answer common questions about the impact of military deployment and child custody.

Premarital Agreements in Texas

So long as the terms do not violate Texas law, there are seemingly endless opportunities to determine who gets what at the end of a marriage when making a valid and enforceable premarital agreement in Texas.

Welcome to The Wichita Falls Family Law Podcast

On the inaugural Wichita Falls Family Law podcast, Attorney Richard Sutherland offers and overview of common questions in Texas divorce and family law.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Military Deployment and Custody in Texas

Richard Sutherland Podcast: Military Deployment and Custody in Texas

Military deployment, military mobilization or temporary military duty can impact the lives of parents with children in and around Wichita Falls, Texas. In this monthly Wichita Falls Family Law podcast discussion with Attorney Richard Sutherland, we discuss a few of the key issues and answer common questions about the impact of military deployment and child custody.

Military deployment and custody in Texas
Military deployment and custody in Texas

Military deployment and custody in Texas and the impact on families in and around Wichita Falls

  • Modification of the exclusive right to determine the primary residence of the child or modifications of the terms and conditions of possession of or access to the child
  • Temporary Orders entered while the military member is absent on military deployment, military mobilization or temporary military duty
  • Temporary Orders when the military member’s rights are going to be affected by military deployment, mobilization or temporary military duty

Listening to this podcast interview about military deployment, military mobilization and temporary military duty will be useful for anyone who is a parent of a child and may be deployed in the armed services. Texas law provides for a variety of situations and Richard Sutherland explains what you may be able to expect in a variety of circumstances.

Just because you serve your country does not mean you have to sacrifice a relationship with your child. Did you know that a designated person can generally act in your place while you are unavailable? Do you want to designate a person to exercise your custody or visitation rights while you are on deployment? Listen and learn about the variety of situations that can affect military parents in and around Wichita Falls, Texas. Call Wichita Falls, Texas divorce and family law attorney Richard T. Sutherland to learn more and to schedule a meeting to discuss your situation. (940) 691-2100.

Please also have a look at the categories of podcast content on our Wichita Falls Family Law website!

About Richard Sutherland: Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Geographic Restrictions and Relocation

Richard Sutherland Podcast: Geographic Restrictions and Relocation

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is geographic restrictions and when those restrictions may be lifted to allow for relocation.

Geographic restrictions and relocation issues in Texas family law:

  • Issues of geographic location involving children
  • Why courts impose geographical restrictions
  • What are the reasons parents ask the court to lift geographic restrictions?
  • Factors the courts consider when deciding to lift geographic restrictions
  • Problems that may arise when geographic restrictions are lifted

Today we are focusing on what happens when life happens, and parents want and or need to move.

First, understand that the Texas Family Code follows public policy of the state to assure that children have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, meaning that they provide a safe, stable and nonviolent environment for the child. Texas public policy encourages parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

Texas courts imposes geographic restrictions until the child reaches the age of 18 and the court no longer has jurisdiction over the child, or when the non-custodial parent or conservator no longer resides within the geographical area imposed by the court. The geographic restriction may also be lifted when the custodial parent files a petition to modify the order which granted the restriction.

There are several reasons that a custodial parent might have to seek to life the geographical restrictions to allow for relocation. Listen to the podcast to find out and learn more.

For additional general information, please read about Wichita Falls, Texas Family Law on our website.

Richard Sutherland talks about geographic restrictions and relocation in Texas in this Wichita Falls divorce and family law podcast.
Richard Sutherland talks about geographic restrictions and relocation in Texas in this Wichita Falls divorce and family law podcast.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Premarital Agreements in Texas

Richard Sutherland Podcast: Premarital Agreements in Texas

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is premarital agreements in a Texas divorce.

Premarital Agreements in Texas: A Wichita Falls Family Law Podcast

  • What is premarital agreement?
  • What are some reasons for wanting a premarital agreement?
  • What can a person accomplish with a premarital agreement?
  • Is there a simple form that a party can use to have a premarital agreement?
  • What is required to have a valid premarital agreement?
  • We will describe some situations and issues involving premarital agreements.

So long as the terms do not violate Texas law, there are seemingly endless opportunities to determine who gets what at the end of a marriage when making a valid and enforceable premarital agreement in Texas.

Too often people make the mistake of assuming a premarital agreement is only for the wealthy. In fact, there are many from all incomes and backgrounds who appreciate the sense of knowing what outcome they may expect in the event the premarital agreement is enforced in connection with the termination of marriage.

People getting married who have or expect to receive inheritances or trust income may be under direction of their immediate family members to preserve money or property in a certain way and under certain conditions. Those on their second or later marriage may use a premarital agreement to protect the children of previous marriages in the event of divorce or termination of the marriage.

Divorce and the family business
Richard Sutherland on Premarital Agreements in Texas

For additional general information, please read about Wichita Falls, Texas Family Law on our website.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Marital Debt and Liability in Texas

Richard Sutherland Podcast: Marital Debt and Liability

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is marital debt and liability in Texas.

Marital debt and liability in Texas:

  • What is community debt in divorce?
  • What is sole management and control of community property?
  • What happens when one party defaults on a financial obligation?
  • Can the court order one spouse to pay the debt of the other?
  • What are the common issues involved regarding marital property?

Today we are focusing on who is liable for a debt and what property is subject to execution to satisfy the debt liability. We are going to use the examples of the purchase of a truck and the transfer of title to a house.

What happens to the parties if the husband defaults on the note he used to buy the truck? Is the wife liable? If the bank sues the husband, it can seek to collect its judgement from three sources. (Listen to the podcast to learn more).

What happens when the court awards one spouse the house? Is the other spouse released from the debt? No. The court can only issue orders which bind the parties to the lawsuit.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Marital debt and liability in Texas
Richard Sutherland Attorney at Law Family Law Practice Areas

For additional general information, please read about Wichita Falls, Texas Family Law on our website.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Texas Child Custody and Conservatorship

Richard Sutherland Podcast: Texas Child Custody and Conservatorship

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This program is a Texas child custody and conservatorship podcast focused on helping people better understand Conservatorship and the rights and duties of parents in Texas.

Texas child custody and conservatorship podcast:

  • What is Conservator in Texas
    • What is a parent conservator?
    • What are their rights and duties?
  • Joint Managing Conservator
    • Does not mean joint custody
    • Rights and duties with the child
  • Sole Managing Conservator
    • In cases involving family violence
    • Other parent may not in child’s life
  • Possessory Conservator
    • Fewer decision making rights
  • Non-parent Conservator
    • Not entitled to certain rights and duties

Listening to this Texas child custody and conservatorship podcast can help people better understand how conservatorship works, and it can be confusing. People often call Attorney Sutherland reporting they have joint custody, and many times those parents are joint managing conservators with rights to child support, to determine the residence of a child and primary possession and access to the child, for example. If you only take one thing away from this podcast, custody and conservatorship are not the same in Texas divorce and family law.

For additional general information, please read about family law and child support on our website.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Family Law Podcast Texas child custody and conservatorship podcast
Richard Sutherland Attorney at Law Family Law Practice Areas

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Child Support Calculations in Texas

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law.

Texas Child Support Calculations

Child support calculations in Texas:

  • Who has a legal duty to support a child in Texas?
    • Either or both parents have a duty to pay child support in lump sum, periodic payments or an annuity purchase;
    • Grandparents cannot be ordered to pay child support;
    • Parties may agree on amount and duration of child support if they wish.
  • How is child support calculated in Texas?
    • The court determines the Net Resource Income of the paying party;
    • Generally, child support lasts until child turns 18 or graduates from high school;
    • Exception of time for support if child is physically or mentally disabled.
  • Paternity cases and retroactive child support
    • The role of the Attorney General representing the State of Texas in establishment, enforcement and collection of child support;
    • Attorney General calculations and applications of child support;
    • Modification of child support before the service of citation or appearance in a suit to modify the amount of child support.
  • The process of withholding child support
    • Wage withholding orders are required by Texas law;
    • Exceptions for persons who are self-employed or have no employer;
    • Child Support is paid to the Child Support Disbursement Unit in San Antonio;
    • Direct payments are not a good idea;
    • Income tax implications of child support.

 For additional general information, please visit our blog to read about Child Support in Texas.

Every child support matter is unique and the rules that apply to child support calculation depends on your child support obligor’s employment and financial standing. For example, there are unique rules that apply to members of the armed services.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.