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Recent Blog Posts

How does divorce mediation work?

 Posted on April 05, 2018 in Uncategorized

If you are contemplating a Texas divorce, your life undoubtedly is in turmoil right now. Not only are all your hopes and dreams crashing around you, you and your spouse likely have numerous issues regarding your children, the possibility of spousal support, and how you will divide your marital property. Nevertheless, it is highly unlikely that either of you looks forward to an expensive, protracted and nasty divorce. Surely there must be a better, less stressful way to split up.

There is. Today, more and more divorcing couples are finding that mediation is the answer they are searching for. Unlike a traditional litigated divorce, mediation lets you and your spouse maintain control over your respective lives by making your own decisions, not leaving those decisions up to a judge.

Hiring a mediator

If you think that mediation is the right choice for you, the first thing you and your spouse must do is hire a mediator. This is a neutral person who represents neither of you, but rather is highly trained to act as your facilitator and "referee" while you resolve your own differences. Each of you has the opportunity to first meet with your mediator privately to lay out your issues, concerns and mediation goals. Then, your mediator provides a neutral, non-threatening environment, such as a conference room, where the three of you will begin meeting.

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Key benefits of divorce mediation

 Posted on March 18, 2018 in Uncategorized

Couples who get married usually plan to be together forever. However, that does not always occur. For those who may be contemplating a divorce, it can be helpful to understand a few things about the process.

Outside of court, divorce mediation is a common option for dissolving a marriage. There are a few key benefits in choosing mediation.

Cheaper

Mediation tends to be a less expensive means of divorce. By cutting out the court fees alone, divorcing couples stand to save a good amount of money. Even if the mediation takes a few sessions, the cost is still quite less than litigation.

Efficient

Not only is mediation a cost-effective option, but it is usually less time-consuming. While people must adhere to the court's schedule during a traditional divorce, a divorcing couple may select the times and dates that work best for them during mediation. Also, this process allows the couples to keep most of the power in their own hands. In order for the mediation to be successful, the two parties must listen to each other and negotiate terms that both can agree with. This type of environment may be beneficial for parents needing to create a co-parenting agreement.

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What schools should do for you and your co-parent

 Posted on March 05, 2018 in Uncategorized

By now, schools are used to students who have divorced parents. However, some schools and teachers are better at handling these situations than others. Still, you and your co-parent should expect a minimum of consideration from the school.

To that end, here is a look at how schools should communicate with co-parents who have legal custody of their children.

Clear policy

You should not have to contact, say, five people to find out how to ensure both you and your co-parent receive school communications. The policy should be clear and the process smooth. You can tell your ex how to get communications, but it is his or her responsibility to enlist for this service, not yours or the school's.

School records

The school should have the names and contact information of both legal parents listed on the child's school records.

Accessibility

The school should send emails and mailings to both parents' addresses. Similarly, if the school has an online login system for parents, both parents, not just one, should have the ability to access it. Parents should equally receive information about parent-teacher conferences and, if applicable, IEP meetings. If the child uses a journal, day planner or some sort of tracker, then the parent who has the child in his or her care at the moment should have access.

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3 essential tips for divorcing peacefully

 Posted on February 06, 2018 in Uncategorized

Contrary to what you may believe, your divorce does not need to be nasty. While it will probably be painful and difficult at times, you and your soon-to-be ex-spouse may be able to work together to get an amicable divorce. It will be better for everyone-including your kids-to divorce as quickly and harmoniously as possible.

So how can you avoid wasting years and tons of money in a contentious divorce? Here are some guidelines for ending your marriage as smoothly as possible.

1. Surround yourself with supportive people

The feelings of rejection and loss may make you crave isolation, but this will only make things worse in the long run. Close friends, family members and a counselor can help you cope with the inevitable pain of ending your marriage. These people can help you sort through your emotions and figure out ways to handle them constructively. When you can manage your emotions, you will be able to go through your divorce more calmly.

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3 tips for co-parenting during parent-teacher conferences

 Posted on January 22, 2018 in Uncategorized

Parent-teacher conferences are often a joyous occasion. In addition to meeting your child's teachers and getting acquainted with their curriculum, you may learn about your kid's success in class and hear more about her or his academic strengths. You will likely emerge from the conference a proud parent, but the stress from sharing the time with your ex may put a damper on the excitement and pride you should be feeling.

It is important to develop some co-parenting strategies prior to attending the parent-teacher conference. Utilizing the following tips can help prevent tension and ensure the meeting is a productive discussion of your child's academic performance.

1. Stay focused on goals

According to Psychology Today, one of the most important tenets of successful co-parenting is staying focused on your child's wellbeing. You can do this by setting specific goals that you and your ex work on together. In the context of a parent-teacher conference, consider what you are both hoping to gain from the time you have, and stay focused on that rather than any stress you might feel.

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Prenuptial agreements and your divorce

 Posted on December 13, 2017 in Uncategorized

If you entered into a prenuptial agreement, you need to know how its provisions can affect the course of your divorce proceedings.

Signing a prenuptial agreement can be a good way to protect your finances in the event of a future split. While the law generally wants people to have the freedom of choosing what to agree on, there are some areas where courts are unlikely to enforce prenups.

Prenups must be in writing

First of all, in order to have legal force, a prenup must comply with Texas requirements for validity. The agreement must be in writing, although it does not have to be notarized. The parties must sign it before the marriage; marital agreements belong to a different legal area with different rules governing them.

Total financial disclosure

The parties to a prenup must completely disclose their financial situation to one another, including all assets and liabilities. If it later turns out one party withheld relevant information, the court may deem the agreement invalid.

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How should I handle it if CPS knocks on my door?

 Posted on December 06, 2017 in Uncategorized

Getting a visit from Child Protective Services is one of the things a parent dreads the most. Finding out that someone is questioning your parenting skills and feels as if the state needs to intervene can be a frightening, infuriating and humiliating experience. However, you are far from alone. Countless parents in Texas and elsewhere receive visits from CPS, and most cases find a resolution without having the children taken away.

Even so, this can be an uncertain time as you worry about the outcome of your case and whether you might lose your children. If you get a knock on your door and it turns out to be a social worker with CPS, stay calm and remember the following tips:

  • Ask to see the social worker's warrant. You do not have to let CPS into your home without a court warrant, no matter how intimidating they are.
  • You can tell the social worker you need time to get in contact with your attorney. The worker will likely schedule another visit, but this will give you time to prepare for the visit and seek legal counsel.

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Holiday co-parenting tips

 Posted on November 07, 2017 in Uncategorized

Depending on your relationship with your ex-spouse, co-parenting may not be easy, and it may become especially difficult during the holiday season. Whether you have or are seeking full or shared custody, you want to create the best possible environment for the kids, which in many cases is spending time with both parents.

Having a specific plan for the holidays can be quite helpful. There are a few things you should consider in your co-parenting plans through the holidays.

Know the decree

It is important that parents know their rights in accordance with the custody agreement. If the parenting plan or court-appointed custody determination provides a stipulation for holidays, it may be necessary for parents to defer to this document first. However, if both parties agree, it is possible to make special arrangements.

Compromise

In general, proper co-parenting requires compromise. During holidays, a time mostly attributed to family activities, compromise is vital to creating a happy and healthy environment for the children. Dealing with divorce as a child is already a confusing and tough experience. Therefore, spending time with both parents in happy environments may be critical to creating and maintaining their stability. Parents who understand this and can put aside their differences and desires to focus on what is best for the children can work together and foster a positive and enjoyable experience.

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Modifying a Texas child custody order

 Posted on October 25, 2017 in Uncategorized

When a Texas couple with minor children divorces, the custody order is a necessary and important part of the divorce judgment. Parents must continue to follow the order, as failing to do so can involve legal consequences and may ultimately even affect custody.

However, circumstances can change. Sometimes an order that made perfect sense initially may no longer work in a new situation. When this happens, you may request a modification of the custody order.

Modification by agreement

If you and your ex agree on the proposed changes, the two of you can submit your proposed new order to the court for approval. Most often, courts tend to approve joint requests.

Unilateral request for modification

In situations where you and your ex have a dispute about whether there should be changes or what they should consist of, the court may hold a hearing and listen to both sides.

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The basics of Texas child support

 Posted on September 14, 2017 in Uncategorized

Divorcing Texas couples with minor children will have to deal with the issue of child support. Getting a quick overview of some basic concepts can help you better understand what to expect.

Similar to many other states, Texas law approaches issues relating to children from the standpoint of the best interests of the child. Thus, parents may not waive or agree to amounts below the state's guidelines. While they are free to compromise on their own rights, they may not do so on behalf of the child. They may, however, agree to amounts higher than those the guidelines would produce.

Who pays child support

In most cases, the parent with less parenting time pays support to the parent with whom the child primarily lives, as generally that person would cover the bulk of living expenses for the child.

How long do payments last

Most often, a parent pays child support until the child turns 18 or graduates high school, whichever comes later. This is the age until which parents in Texas have a legal obligation to support their children, whether or not they are divorced. Support may cease earlier if the child becomes emancipated through marrying.

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