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Cleveland Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Cleveland Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Cleveland Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Usiak Law Firm

3.8
6 Reviews

  • 204 North Drew Avenue, Livingston, TX 77351

  • Law Firm with 1 lawyer1 award

  • Bankruptcy, Mediation

  • Divorce LawyersBankruptcy, Mediation, and 1 more

  • Free Consultation

  • Offers Video

Daniel Usiak Jr.
Divorce Lawyer
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Looking for Divorce Lawyers in Cleveland?

Divorce lawyers specialize in the legal dissolution of a marriage. They guide clients through the complexities of dividing assets and debts, determining spousal support (alimony), and resolving disputes through negotiation, mediation, or litigation when necessary. These attorneys advocate for their clients’ financial interests to achieve a fair and equitable settlement or court order.

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

CLIENT RECOMMENDED
61 %

11 Client Reviews

PEER REVIEWS
4.5

18 Peer Reviews

User Resources

Lawyer Resources

Commonly Asked Divorce Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

In texas , how long do you have to be married to get 1/2 of the 401k but had 401k before I got married ..married 4 1/2 years ?

Zoe Ann Meigs
Answered by attorney Zoe Ann Meigs (Unclaimed Profile)
Divorce lawyer at The Law Office of Zoe Meigs, P.C.
Your husband is correct. Property you own at the time of divorce is assumed to be community property and is divisible in the divorce.  This is true whether the marriage is six months or 30 years.   A portion of your 401(k) is your separate property to the extent it was earned prior to your marriage. The court cannot take that portion from you or divide it with husband.  It is your burden, however, to prove how much you had in your 401(k) at the time of your marriage.  Request a statement from the month of marriage from the administrator of your 401(k).  The value of the 401(k) at the time of the marriage then is subtracted from the value at (close to) date of divorce.  The result is the community, divisible portion of the 401(k).   So for example, if you had $25,000 in your 401(k) at the time of marriage, and now it is worth $100,000, $75,000 of the account is divisble in the divorce.  So you and your hsuband would be dividing the $75,000.00.  Of course, if Husband has a retirement account then you are entiteld to the community property portion of his retirement account.   
Your husband is correct. Property you own at the time of divorce is assumed to be community property and is divisible in the divorce.  This is true whether the marriage is six months or 30 years.   A portion of your 401(k) is your separate property to the extent it was earned prior to your marriage. The court cannot take that portion from you or divide it with husband.  It is your burden, however, to prove how much you had in your 401(k) at the time of your marriage.  Request a statement from the month of marriage from the administrator of your 401(k).  The value of the 401(k) at the time of the marriage then is subtracted from the value at (close to) date of divorce.  The result is the community, divisible portion of the 401(k).   So for example, if you had $25,000 in your 401(k) at the time of marriage, and now it is worth $100,000, $75,000 of the account is divisble in the divorce.  So you and your hsuband would be dividing the $75,000.00.  Of course, if Husband has a retirement account then you are entiteld to the community property portion of his retirement account.   
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Is my spouse entitle to any of the retirement plan?

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Answered by attorney John George Galasso (Unclaimed Profile)
Divorce lawyer at Law Office of John G. Galasso
In Ohio, we are an equitable distribution state; Your spouse is entitled to one-half of your retirement earned during the course of the marriage; In order to determine what that amount would be, you would have the get what is called a Qualified Domestic Order (QDR) done; Sometimes the retirement plan will provide the necessary documents and compute the value for a fixed fee, otherwise you either have to have a lawyer do it or find a company that specializes in them
In Ohio, we are an equitable distribution state; Your spouse is entitled to one-half of your retirement earned during the course of the marriage; In order to determine what that amount would be, you would have the get what is called a Qualified Domestic Order (QDR) done; Sometimes the retirement plan will provide the necessary documents and compute the value for a fixed fee, otherwise you either have to have a lawyer do it or find a company that specializes in them
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My son is wanting a divorce

Andrew M. Lloyd
Answered by attorney Andrew M. Lloyd
Divorce lawyer at Lloyd Associates, PLLC
He must file for a divorce.  He may have facts for an annulment, even.  The cost is a typical county is about $250 to file for a divorce, but provided they have no accumulated much in debt or assets, the process should be fairly quick.  He will have to wait 60 days from the date of filing to obtain a final Divorce Order/Decree - as that is Texas law.  He should contact an attorney ASAP.  Many, like myself, offer free consultations to residents in their area.
He must file for a divorce.  He may have facts for an annulment, even.  The cost is a typical county is about $250 to file for a divorce, but provided they have no accumulated much in debt or assets, the process should be fairly quick.  He will have to wait 60 days from the date of filing to obtain a final Divorce Order/Decree - as that is Texas law.  He should contact an attorney ASAP.  Many, like myself, offer free consultations to residents in their area.
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