Friday Legal Q & A

March 30, 2012
By Radack & Borunda, P.C. on March 30, 2012 11:28 AM |

Warning For Informational Purposes: The answers herein are not intended to serve as legal advice and cannot be relied upon as such. Radack & Borunda, P.C. provides this blog for informational purposes. Each legal issue is unique; seek an attorney for specific answers to your specific legal questions. Nothing in this or any other section shall create an attorney-client relationship.

Family Law

How do you "prove-up" a divorce in Texas?

The prove-up hearing is a short run of questions to verify to the court you are able and willing to finalize your divorce. Common questions include information about your spouse, marriage date, place of residence, number of kids and divorce decree. The main purpose of this hearing is to make sure that divorce is the best remedy for the parties. The court will want to make sure that the parties have no chance of reconciling and that any custody agreement is in the best interest of the child.

Business Organizations

What is the difference between an LLC/LLP and Corporation in Texas?

A LLP, or limited liability partnership, and a LLC, limited liability company, are business entities where individual partners or managers are shielded from personal liability for acts committed by the partnership or company in the normal scope of business. In addition, partners or managers are not taxed twice in LLPs or LLCs as they would be in traditional corporations. LLPs and LLCs have what is called "pass through" taxation where the partnership or company have no tax burden. Instead, partners or mangers are only taxed on their personal income taxes.

On the other hand, a corporation has all the same limited liability as a LLC or LLP, but it is taxed on two levels. There is a corporate tax that applies to the corporation as a whole and personal income taxes for corporate shareholders.