Posted on June 26, 2019 in Uncategorized

If you are the soon-to-be-ex-spouse of a military member, you may wonder how property division will affect you.

Although property division in a divorce must follow Texas law, the Uniformed Services Former Spouse Protection Act also comes into play on your behalf.

The USFSPA explained

If, in the divorce order, the court awards you a share of the retired pay of your military spouse, the USFSPA ensures the enforcement of the order. Other military retirement benefits to consider include savings plans and survivor benefits. The USFSPA also enforces an order of alimony as well as current or overdue child support payments. However, to qualify for retired pay benefits, the length of your marriage must have been at least 10 years. During that time, your spouse must have served a minimum of 10 years 'credible towards retirement eligibility' per the military 10/10 rule.

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 Posted on June 10, 2019 in Uncategorized

Divorce is not an easy process. However, there are certain divorce tools that can help the process, such as mediation.

Before determining if divorce mediation is right in a situation, it is important to understand what the process entails. There are a few key facts to know.

What it is

In short, mediation is an alternative option to the traditional divorce litigation process. Mediation involves a third party, a mediator, working with the two parties to come to agreement about different divorce concerns. The mediator also completes the mediation form, which details the final decisions of the divorcing party.

The process

The divorce mediation process is quite different from divorce litigation. Whereas a judge makes the decisions in litigation, the divorcing parties work together to make their decisions in the mediation process. The mediator does not even have a say in the decisions; the mediator is there to help make sure the parties address all necessary topics. In some mediation cases, the parties are in separate rooms with their attorneys, and the mediator facilitates conversation between the two parties.

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 Posted on May 27, 2019 in Uncategorized

A divorce is going to take a financial toll on you, but you have some level of control over that toll. Not all divorces have to be long, contentious courtroom affairs. While where you live, geographically, will help determine just how much you spend on your divorce, so, too, will certain decisions you make about how to navigate the process.

While your divorce, itself, can cost a substantial amount of money, so, too, can rebuilding your life in the absence of your spouse. Finding and financing a new home, for example, is one such cost, and you will also no longer be able to split the cost of groceries and related expenses once you and your one-time partner split. So, what are some things you can do to cut costs and save yourself money amid divorce?

Consider mediation

Unless the situation between you and your former partner is particularly contentious, Forbes reports that you may want to think about whether you can end your marriage through mediation. Mediated divorces, which involve the two parties sitting down and working through issues with one unbiased mediator, typically save a lot of money. In fact, some estimates suggest that a mediated divorce can run you about $500, while a litigated divorce can cost $32,700.

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 Posted on May 03, 2019 in Uncategorized

Perhaps you have heard a lot about the benefits of mediation and want to give it a try, but certain myths are holding you back.

These are just three you may believe that are not true. The bottom line is mediation is usually the best choice.

1. You have less protection

Because mediation is not a court battle, you may believe your rights will not have as much protection. However, you have the same rights and protection. The only thing that differs is how you address them. The mediator helps you and your spouse communicate effectively and respectfully and focus on what is best for your entire family. The mediator can also review legal options with you to help you make informed decisions.

Because you two are involved in the process, it puts you more in control than if you were to fight in court, meaning you actually get more of what you want. Also, even though lawyers are not present during the sessions, it is still best to have your own attorney review the agreement before submitting it to ensure it is accurate and fair.

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 Posted on April 02, 2019 in Uncategorized

Children look forward to summer - and for good reason. They get to have later bedtimes, pool parties and do not need to go to school. But if you are recently divorced, your kids face unique complications during this season. If you and the other parent are not in a healthy co-parenting relationship, it may expose your kids to conflict when they should be relaxing and enjoying themselves.

The first summer after your divorce is complex, but if you approach it with the mindset of putting your kids first, you can make it through with happy memories. Here is how to prioritize the interests of your kids during summer.

1. Avoid power struggles

The last thing you want to do is make this summer about your own wants and flexing your own power. If the other parent signs your child up for camp and it is an enjoyable experience, do not make a big deal out of it, especially in front of your kids. Remember that your children should be able to have fun and healthy relationships with both of you.

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 Posted on March 03, 2019 in Uncategorized

When you know that your marriage is coming to an end, you have a lot of worries. You may be concerned about potential conflicts and arguments. A contentious split can wreak havoc on your emotions and finances-not to mention how it may impact your children.

However, contrary to popular belief, divorce does not need to be a nasty process. Believe it or not, you can divorce your spouse amicably and peacefully. There is no guaranteed, step-by-step process for a respectful divorce, but here are some guidelines to stop your breakup from getting unnecessarily ugly.

Understand why your divorce is happening without placing blame

As the saying goes, it takes two to tango. While your spouse may contribute to the divorce, he or she is not the sole reason. If you play the blame game, you are setting yourself up for a whirlwind of fighting and accusations. Instead, consider all the other factors, such as stressors, life changes and skill defects. Once you understand the big picture, you will be less inclined to stir up conflict with your ex.

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 Posted on February 25, 2019 in Uncategorized

Finalizing a divorce is typically a joyous occasion. One Texas woman celebrated her divorce by tying a bunch of explosives to her wedding dress and setting it off.

The end brings a sense of elation. However, you still need to get through the divorce itself, which can be particularly toxic. You may have ended the marriage on bad terms, but you still need to work together with your spouse for the time being. Here are some of the ways to make divorce far more manageable.

Take care of yourself

First and foremost, you need to make sure you are in a good state of mind before seeing your attorney or meeting with your spouse. You will go through a lot of emotions during a divorce, no matter how confident you feel that this is the right thing. Although you have a lot to do during this time, you should still carve out time during the day to do what you enjoy. This can include reading or practicing yoga. Ultimately, you should still engage in your favorite hobbies to take care of your emotional health.

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 Posted on February 01, 2019 in Uncategorized

There are several different factors to consider during a divorce. The division of assets is a strong consideration for both parties.

Thankfully, certain regulations help determine how parties will fare from the division process of the divorce. Regarding pension, there are a few important facts to know.

Handling of property

With Texas being a community property state, pension is handled as such. Therefore, in the eyes of the court, any pensions parties acquire during the marriage belong to both parties. However, it is important to note that pension payments before the marriage do not count as part of the community property. In addition, any interest payments paid on pension during the time of the marriage do count as community property.

Contributions to split

The courts consider several aspects when deciding how to split property during a divorce:

• Value of separate property
• Earning capacity and education level of each spouse

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 Posted on January 05, 2019 in Uncategorized

Let us say you have been offered a promotion at work. It is a wonderful opportunity, but it involves moving to a new office out of state.

As the custodial parent, you want to take your 12-year-old son with you. How does the other parent view the proposed move? Will the court give its consent to modifying your child custody agreement?

Making a change

In the state of Texas, the custodial parent must give the noncustodial parent 60 days' notice of a proposed relocation, if at all possible. The notice must include the date of the move and the new residence address.

The point of view of the court

When you wish to modify your child custody agreement, the child's best interests will always be the priority in the view of the court. Relocation is a common reason for modification, but the court will have several questions.

• Will there be proximity to any family members at the new location?

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 Posted on December 06, 2018 in Uncategorized

When divorce is inevitable, most couples dread contentious litigation and the possibility of a bitter outcome.

Mediation is another, quite different option that focuses on effective communication between the parties resulting in a satisfactory agreement and no need to go to court.

How divorce mediation works

A mediator is a neutral third party who guides a divorcing couple through a process in which they communicate with each other in a reasonable manner and work out the terms of their divorce agreement. The mediator provides the couple with the issues that they must address prior to drafting the final agreement. When disagreements arise, the mediator will assist the couple in getting the conversations back on track.

The advantages of mediation

Traditional divorce can cost thousands of dollars, and it is not unusual for the proceedings to drag on for months. By contrast, mediation is much more economical and a considerably faster process. It is also private, whereas litigation is open to public scrutiny. The greatest advantage is that the parties can make their own decisions and do not have to begin their separate lives by submitting to the decisions of the court. For this reason, mediation also has a high success rate.

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