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Frisco, Collin County & Denton County Law Blog

Basics of property division in a Texas divorce

Dividing the marital property in a divorce can mean tackling a lot of complicated issues. Knowing some basics about how the process works can help you make informed decisions at the various stages of your case.

When divorcing couples litigate their case in court, the judge typically issues orders on disputed issues. Some couples who do not have major disagreements may opt instead to draft an agreement with the help of their attorneys. For others, mediation can provide a fruitful way to negotiate disputes. Whichever way you take, understanding the standard approach to property division can help you define your goals for the process.

What a Texas parenting plan should include

Couples wishing to divorce in Texas have several legal hoops to jump through. One of these is the parenting plan, which Texas law requires you to submit if you are divorcing with children. Lawmakers introduced this requirement to promote the best interests of the children and encourage the parents to cooperate in setting up effective parenting arrangements going forward.

Understanding what to expect with your parenting plan and what to include will make it easier and faster to get through the process successfully.

Transitioning to single parent status

If you are going through a divorce, you probably cannot wait for it to be over and to be able to say you are single. Although 34 percent of children live in a single-parent home, the situation is still treated as though it is abnormal. You are not alone as a single parent, even though it can feel that way. There are things you can do to make the transition easier.

Signs your spouse is hiding assets

Impending divorce can bring out the worst in a person, especially when it comes to finances. Many spouses begin squirrelling away assets in order to avoid having to share them with the soon-to-be-ex in the course of property distribution. If you are thinking about divorce, it pays to stay alert to signs of secretive financial activities. Otherwise, by the time the court is dividing up marital assets, the hidden assets may be long gone.

Can a divorced couple co-parent?

The American Coalition for Fathers & Children reports that the "vast majority of kids want more time" with the non-custodial parent following a divorce. While there are some situations in which it is difficult to stay connected, in general, the State of Texas presumes that children need to have contact with both parents and encourages parents to stay involved with their children. If two people cannot live together and parent, how can they ever learn to co-parent following the divorce? It is possible.

Here are some tips to help you and the other parent work together:

How divorce affects young children

Divorce is seldom easy for anyone involved, but when there are young children, it can be much more difficult. That is because the effects of divorce on children are unique, and they differ quite widely according to the child's age. If you are facing a divorce and want to know how to approach the topic with young children, there are a few best practices that are well-supported by research.

How retirement plans are divided in divorce

If you and your spouse are getting divorced and either of you have retirement plans, you may be required to share a certain amount of these assets. Whether you are receiving or giving up funds, it is important to understand how asset division applies to retirement investments.

How to be a good co-parent when you work nontraditional hours

Co-parenting is often a delicate balance in the best of situations. However, when you work as a police officer, firefighter, nurse, doctor or journalist, it can get even trickier. Your hours are "odd," and they may also be unpredictable. Here are some ideas for co-parenting effectively when you find yourself in such a situation.

Same-sex adoption in Texas

Many same-sex couples are looking to grow their families. Whether through adoption, artificial insemination or surrogacy, it is important to understand the legal requirements and to know what your options are. Here are a few things you should know and prepare for before you begin.

Can I adopt?

The answer is yes. However, it is important to understand the different types of adoption and the adoption laws in the state of Texas.

When divorce mediation is most -- and least -- likely to work

Mediation is getting to be a very popular way of settling divorce cases outside of court. Not only is it more economical and efficient than litigation, it also gives the parties more control over the outcome of their case, which leads to more sustainable agreements.

For these reasons, mediation is a great option. However, it doesn't always work. During the mediation process, the parties (and their lawyers) negotiate the terms of their divorce -- such as property division, child custody and alimony -- with assistance from a third-party neutral mediator.

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