Posted on September 23, 2020 in Child Custody

Like most other states, Texas law allows you to have an active role in your child's life after a divorce. You and your son or daughter's other parent may be allowed to create the terms of a parenting plan that will govern how your child is raised. Working in good faith to create this plan can help to show your son or daughter that meeting his or her needs is your top priority.

Make sure that the plan is reasonable

It is important that you can manage to transport your child to school, to the other parent's house and to extracurricular activities with relative ease. If your child is used to spending time with a babysitter, that person should remain a part of your son or daughter's life. Depending on how old your child is, it may be worthwhile to solicit his or her input when crafting a parenting plan.

Remember that your child's needs outweigh yours

When crafting a custody or visitation plan, you should always remember that your child's needs are more important than what you want. Therefore, you shouldn't insist on a particular arrangement just because it is convenient for you or because you want to win the negotiation. In most cases, your former partner is also making sacrifices for the good of your child whether you recognize them or not.

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 Posted on August 22, 2020 in Divorce

When couples in Texas decide to get divorced, they are frequently focused on dividing their marital assets equally. To make sure that the property division is equal, divorcing spouses should consider the potential tax consequences. Some assets may be subject to higher taxes, which may make them worth less than taking other assets instead.

Taxes and different types of retirement accounts

Many divorcing couples have retirement accounts that will need to be divided. However, the types of retirement accounts need to be considered when deciding how to divide them. For example, if a couple has both a Roth and a traditional IRA that are equal in account values, choosing to let each spouse keep one might seem to be equal. However, Roth IRAs are funded with post-tax dollars while traditional IRAs are funded with pre-tax dollars. This means that the spouse who takes the Roth IRA will receive the account's full value at the time that distributions are taken while the person receiving the traditional IRA will have to pay taxes on the amounts that are withdrawn.

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 Posted on August 07, 2020 in Divorce

If you are married and considering divorce in Texas, you are not alone. There are several reasons why a marriage can fall apart, and divorce has lost the taboo that it had among older generations. Nearly half of first-time marriages, 42%, end in divorce, and that percentage increases with each subsequent marriage.

What is no-fault divorce?

Several decades ago, states did not allow married couples to get a divorce without a substantial reason, such as adultery or domestic abuse. Though these laws were presumably intended to protect the sanctity of marriage, they resulted in some fabricated stories from individuals stuck in a bad marriage. The rise in divorce rates in recent years is likely due in part to the advent of no-fault divorce, which allows individuals to get a divorce without proving that the other spouse committed a major transgression. Now, you can file for a divorce and simply claim that you and your spouse have irreconcilable differences.

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 Posted on July 25, 2020 in Divorce

Your children's ability to thrive after a divorce depends in part on whether you and the other parent are able to successfully co-parent together in Texas, or anywhere else in the country. Starting with the custody agreement and continuing through every communication that you have, both parents will need to put the children's interests first and put their own ego and sensitivities aside.

The custody agreement can help co-parenting

Your co-parenting begins with the custody agreement. It is important to make sure that the custody agreement considers the children's own circumstances as opposed to imposing something on them for the parents' convenience. You will need to decide how to rotate the children between the parents' homes in a way that accommodates their schedules. You should avoid overcommitting to a schedule that you cannot uphold.

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 Posted on June 25, 2020 in Child Custody

In a worst-case scenario, a divorced parent in Texas may resort to parental alienation to try to get revenge against the other parent. The practice is very destructive and can do long-term damage to the children. As a result, courts will act very strongly when they learn that one parent is engaging in this behavior. It is vital to learn when this is happening and act quickly.

What is parental alienation?

Parental alienation occurs when one parent badmouths the other to the children, feeding them falsehoods meant to destroy their relationship with the other parent. The parent does this because they feel that it is their way of getting back at the other parent for the divorce. The alienating parent is usually an angry individual who has a certain need that the children fulfill with validating that parent's behavior. Thus, you can see how parental alienation actually becomes a symbiotic relationship between the alienator and the children.

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 Posted on May 28, 2020 in Child Custody

Shared custody arrangements in Texas truly requires that the two parents be able to partner for the good of their children. Co-parenting with someone with whom you may have had an unsuccessful relationship is not always easy. However, putting the past aside and incorporating sound and sensible rules can help you form a lasting and productive relationship that can support shared custody.

Be careful how you talk

In a shared custody situation, your words matter. This encompasses both what you speak about your ex and what you say to him or her. It is critical to never say anything negative about the other parent to or around your children. You must also learn how to communicate respectfully. Even if you were unable to communicate during your relationship with your ex, it is vital to set aside the past and learn how to talk now.

The children come first

Your parenting arrangement must also be focused on the children. First and foremost, everything that you do should be mindful of what is best for them. Since you want to create a childhood that will enable your kids to become well-adjusted adults, make sure that their needs come first. Children need to know that their opinions matter and that they are listened to by both parents. To the extent that any co-parenting arrangement needs to be adjusted, you should periodically reevaluate the plan and make changes as necessary.

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 Posted on May 26, 2020 in Divorce

When you are getting divorced in Texas, you will exchange financial information with your spouse. The hope is that he or she gives you a full and accurate accounting of his or her assets that are part of the marital estate without hiding or undervaluing property. One Texas billionaire reduced the size of the marital estate by moving assets to trusts domiciled outside of the state. Unfortunately for his wife, this is apparently completely legal.

Billions became only $12 million

The Texas man made billions in the markets by founding his own quantitative trading company. After he engaged in an affair, he divorced his wife by registered mail. When she tried to claim her share of the couple's property, she found out that there was only $12 million even though the couple owned homes, artwork and even a $5 million Egyptian mummy. What happened was the man created several asset trusts in South Dakota. While his wife was originally the beneficiary, he changed that without having to even inform her.

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 Posted on April 28, 2020 in Child Custody

Texas is a community property state, meaning that just about all assets acquired during marriage are divided 50-50 in a divorce. However, when it comes to determining child custody schedules, the division of time is not so simple. Though many parents nowadays want to split custody 50-50, it can be a challenge to find a schedule that works for everyone, particularly if the parents do not live especially close to one another.

Alternating every other week

Though it may be easier for parents to trade off custody every other week, this is not the best idea for children. If your children are on the younger side, it can be especially traumatic for them to suddenly go one full week without seeing one of their parents, and it may cause them separation anxiety or even an anxiety disorder. A better solution would be to make a schedule where the children do not go more than four days without seeing each of their parents.

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 Posted on March 25, 2020 in Uncategorized

If you are a military spouse facing divorce, you are probably experiencing a wide range of emotions.

A military divorce is often more complicated than a divorce in the private sector, and each is unique. Prepare yourself by relying on professional support and understanding all you can about the process.

Explore other avenues

Solving problems in a marriage is not easy if one of the parties is a military member who is often absent due to deployment. Still, the two of you may try to understand what has gone wrong in your marriage by seeking couples therapy. However, if professional counselling does not help to solve the problems and produce the desired outcome, you and your spouse may have no choice but to end your marriage.

Learn from the USFSPA

Before you proceed to divorce, you need to know your rights. Several laws address this specific subject, but you may find some difficult to understand. The Uniformed Services Former Spouse Protection Act, or USFSPA, is a good place to begin your research. This act, established in 1981, seeks to protect the rights of former military spouses and covers subjects such as retirement pay, survivor benefits, insurance and much more.

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 Posted on March 04, 2020 in Uncategorized

Developing a parenting plan that works for you, your soon-to-be-ex and your children is a major undertaking. You want your voice heard when divorce mediation gets underway.

Be methodical. Organize your thoughts in advance, and set them down on paper so that you are well-prepared when the parenting plan discussion begins.

Understanding the process

Mediation, as opposed to litigation, is a process conducted in private outside the courtroom. A trained mediator will provide guidance as you and your current spouse work together to develop a divorce agreement satisfactory to you both. Mediation is a shorter, less expensive and less stressful divorce option compared to the traditional courtroom process. It is also proven to be less traumatic and burdensome for children, which is one reason why the process has gained in popularity.

Remembering important points

Creating a workable parenting plan will be among the most important tasks for you and your spouse to take up during your divorce mediation sessions. The plan will incorporate many points:

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