Posted on October 26, 2021 in Family Law

October is designated as National Domestic Violence Awareness Month. The campaign was established in 1987 as a way to raise awareness about domestic violence issues. Despite more than three decades of work by countless organizations and advocates, domestic violence is still an underreported problem, occurring to millions of victims across the country from every walk of life and every socio-economic background.

Intimate Partner Violence

The Centers for Disease Control and Prevention (CDC) uses the term intimate partner violence (IPV) to describe physical, psychological, or sexual harm that is inflicted on a spouse or partner. National statistics show that about one in three women will experience IPV in their lifetimes. Although women are the majority of domestic violence victims, it is not just women who are abused. Men and women both experience it in hetero and same-sex marriages and partnerships. According to the National Coalition Against Domestic Violence (NCDAV), about 20 people per minute are victims of IPV every minute in the U.S. This comes out to more than 10 million women and men each year.

Continue Reading ››

 Posted on October 13, 2021 in Divorce

Several months ago, Bill and Melinda Gates announced that they were divorcing after almost 30 years of marriage. While many in the media and public voiced their surprise that the couple were splitting up after so many years, divorce among older couples – sometimes referred to as “gray divorce”  – is becoming quite common. Research shows that one in four people who file for divorce in the U.S. are over the age of 50 and more than half of those divorces involve marriages that had endured for at least two decades. 

While every divorce has similar issues to work through, there are some issues that are unique to older couples that younger couples usually do not have to consider when they split up. These issues – if not properly addressed – can leave a person unprepared for life after divorce. Having a Frisco divorce attorney protecting your interests can make a significant difference in how prepared you are.

Continue Reading ››

 Posted on September 15, 2021 in Property Agreements

Prenuptial agreements or “prenups” are legal contracts that engaged couples develop before they get married. For decades, many people assumed that prenuptial agreements were only for the rich or for couples who do not take their wedding vows seriously. Fortunately, these myths have largely been eradicated. Modern couples recognize the importance of planning for their financial futures using a prenuptial agreement and realize that prenups can benefit the marriage in a multitude of ways—even if the couple never divorces. Read on to learn about prenuptial agreements in Texas and what you can do if you are interested in creating a prenup.

What is the Purpose of a Prenuptial Agreement?

A prenuptial agreement or premarital agreement mainly deals with financial issues. The document can specify:

• How property should be allocated when a spouse passes away

  Continue Reading ››

 Posted on September 07, 2021 in Divorce

Most people think of divorce in terms of the personal or emotional implications. However, divorce can also bring about dramatic financial consequences – especially when a divorcing spouse is reliant on the other spouse’s income. If you are a stay-at-home mother or father, have a disability, or have otherwise not worked outside of the home in several years, you may be worried about supporting yourself after the divorce. You may wonder whether you qualify for alimony or spousal support. Read on to learn about alimony laws in Texas and what you can do if you wish to pursue alimony during your divorce.

Who Qualifies for Spousal Maintenance?

Alimony, called spousal maintenance in Texas law, can help a divorcing spouse cover necessary expenses until he or she is able to be financially self-supporting. However, spousal maintenance is not always awarded. In fact, Texas courts presume that spousal maintenance is not necessary unless the spouse requesting alimony can demonstrate a reasonable need for financial assistance.

Continue Reading ››

 Posted on August 20, 2021 in Child Custody

Dealing with a child custody dispute can be enormously stressful. After all, your child’s wellbeing could be on the line, and so, too, could your relationship with him or her. The conflict that’s present in one of these disputes can be exacerbated when one parent thinks that the other is intentionally trying to cut him or her out of the child’s life. In some instances, this could be considered parental alienation.

The Basics of Parental Alienation

In its most basic terms, parental alienation occurs when one parent actively manipulates a child in hopes of creating distance between that child and his or her other parent. Oftentimes this manipulation is aimed at obtaining a more restrictive child custody order that further cuts the other parent out of the child’s life.

What Does Parental Alienation Look Like?

The breadth and severity of parental alienation can be massive. It can be as simple as failing to keep the other parent apprised of the child’s activities and medical appointments, or it could be as severe as to program a child to believe that he or she was abused or neglected by the other parent. The latter is often achieved by creating false memories.

Continue Reading ››

 Posted on August 13, 2021 in Property Division

Reaching the conclusion that a marriage is beyond saying is an emotionally-charged realization for any couple. However, spouses who own a family business such as a restaurant have an extra layer of difficulty. If you or your spouse own a restaurant or other business, you may be unsure of what will happen if you divorce. Will we split ownership of the business 50/50? Should we sell the business? Situations like this are difficult to figure out – legally, financially, and personally. Consequently, it is highly recommended that business owners seeking a divorce work with a skilled attorney.

Who Has a Right to the Business?

As with any property division concern, divorcing spouses may be able to negotiate an agreement about how to divide assets. However, if the issue is litigated, it is important to understand how Texas property division laws apply to family businesses. Texas courts follow “community property” rules when dividing assets in a divorce. Property that a spouse owned before getting married is separate property. Marital property, on the other hand, is jointly held by both spouses. Most property that a spouse acquires during the marriage is considered marital property. However, the identity of an asset as marital or separate can change. For example, a business that a spouse owned before getting married may become marital property if the other spouse spent time, money, or resources growing the business.

Continue Reading ››

 Posted on August 05, 2021 in Child Protective Services

The Texas Department of Family and Protective Services (DFPS) is tasked with investigating allegations of child neglect and abuse in the Lonestar State. If you recently learned that you are being investigated by Child Protective Services for possible child neglect or abuse, you may understandably be shocked and concerned. You may also be unsure of how to handle the situation. To receive personalized guidance unique to your situation, contact a family law attorney with experience handling cases of alleged child neglect and abuse. Additionally, keep the following considerations in mind.

Understand What to Expect During the CPS Investigation  

In Texas, CPS investigations are typically completed within 30 days of the initial report. During the investigation, a caseworker may:

• Interview your child – The caseworker may visit your child and ask him or her a series of questions. You have the right to be present during this interview if you so choose. However, if a parent denies a caseworker an interview with his or her child, the DFPS may obtain a court order allowing them to proceed with the interview against the parent’s wishes.

  Continue Reading ››

 Posted on July 20, 2021 in Child Custody

There are many people living in Texas who are in the military. They provide a very valuable and honorable service to this country. In providing this service they make many sacrifices in their personal lives. They may be required to move to different bases in very different locations. They can also be deployed to other countries with relatively little notice. They also need to perform very difficult tasks under very difficult circumstances while they are deployed.

While they are deployed they are not able to bring their families with them and are forced to spend large amounts of time apart from family and loved ones. This can be very difficult for the servicemember and their family. It can also create a difficult situation for parents who are no longer with the other parent and have or need to have custody orders dictating when they will have their children in their care. These decisions are made based on the best interests of the children.

Continue Reading ››

 Posted on June 15, 2021 in Divorce

This blog has recently discussed the benefits of mediation and also debunking myths about mediation. It is also helpful to understand the value of divorce mediation in the context of the goals of mediation.

The goals for divorce mediation

The goals of divorce mediation include:

• The creation of an equitably, legally sound and mutually acceptable divorce settlement agreement;
• Avoiding the expense and trauma oftentimes associated with litigation; and
• Minimizing hostility and post-divorce controversies

By achieving the goals for divorce mediation, the divorcing couple may not only reach a divorce settlement agreement that is favorable but may also enjoy the benefit of creating a framework and process for resolving future disputes that may come up. The mediation process uniquely positions the divorcing couple to achieve their divorce-related goals because of the unique nature of the process and its differences from divorce litigation.

Continue Reading ››

 Posted on May 24, 2021 in Divorce

Divorce is a legal process that ends a marriage. It is often accomplished in the courts of Texas, but it can also be completed through alternative means. One of those means is mediation, and for some readers, the idea of divorce mediation may be completely new.

Mediation is a process that uses collaboration and cooperation to settle legal matters, as opposed to the adversarial process of divorcing in court. This post will address 3 myths that individuals may wrongly believe about mediation as a tool to achieve a divorce, but readers are reminded that this post does not offer legal advice. When a Texas resident has questions about divorce and their options, they can turn to a trusted Frisco family law attorney who works with both mediation and litigation divorce clients.

Myth #1: Can’t get a satisfactory outcome through mediation

It is a common myth that a divorce must involve fighting and high conflict. This is not true. Though some divorces happen in court and involve significant differences and dispute, others are worked out between the parties with limited involvement from others.

Continue Reading ››