Posted on May 15, 2017 in Uncategorized

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.

Just and fair division

Many people think that in a community property state such as Texas, everything just gets divided in half. However, matters are more complicated than that. Judges consider a number of factors when deciding the fairest approach for a particular case.

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 Posted on April 13, 2017 in Uncategorized

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.

The plan will be part of the final order

After the judge reviews and approves the plan, it becomes incorporated into the final custody order, which gives its provisions the force of a regular court order. Parents wishing to change any part of the plan after the judge issues the final order will need to formally request a modification from the court. For this reason, parents should think seriously about every part of the plan and not treat it as just another item on a paperwork checklist. Your attorney can advise you about potential legal and practical ramifications of certain points.

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 Posted on March 17, 2017 in Divorce

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.

Practice self-care

You are going to grieve the loss of your relationship. Knowing this helps you be ready for those days when you just do not want to get dressed and be an adult. Take time to do things for yourself when the other parent has the children. It is okay to enjoy your time alone.

Set a budget

As a single parent, you are suddenly responsible for all the expenses in the home. If you can set a budget and stick to it, you will have more control over your finances. You may need to find a way to make extra income or cut expenses to reduce your stress over money.

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 Posted on March 09, 2017 in Divorce

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.

Sudden changes in spending and withdrawals

Abrupt and unexplained changes in financial habits can serve as a red flag. If your spouse suddenly begins withdrawing amounts of money and refusing to tell you what for, you may want to look further. Once withdrawn and turned into cash, the money will be hard to track.

Keeping secrets

If your spouse refuses to share information about income and expenses with you, do not let this go. Even in households where one spouse has assumed the bulk of responsibility for bills and financial paperwork, the other spouse should have access to accounts and be able to view statements. Refusing to provide you with access to information can mean that your spouse does not want you to know how much money he or she has and where it is going. Your spouse may also be using your personal information to secretly open credit lines for which you will bear responsibility.

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 Posted on February 08, 2017 in Divorce

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:

• Remember that co-parenting is the best option for the children. It helps them to feel more secure, and they benefit from the consistency of rules and rewards between homes. It sets an example for getting along and for problem-solving that may help your child do better in school and social settings.

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 Posted on January 13, 2017 in Divorce

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.

Communication is essential

According to an article posted by the Michigan State University Extension, the key to helping young children understand and process the changes that happen during a divorce is communication. Depending on the age of the child, her or his level of understanding might be fairly limited. By openly discussing what is happening and why without assigning blame, it is easier for children to come to terms with those changes. The best results occur when parents communicate with the children together, and these tips can help things go more smoothly:

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 Posted on December 15, 2016 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.

Handling these assets properly is crucial to ensure the correct party pays applicable taxes.

Retirement plans are community property

If you had a benefit plan prior to your marriage, it is your property up until the date of marriage and does not require division. All property that either spouse acquires during the marriage is considered community property. This includes investment plans and retirement savings. These can turn out to be the assets with most value in a divorce. Examples of retirement plans that apply to divorce include:

• 401(k)
• IRAs
• Deferred pensions

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 Posted on December 12, 2016 in Child Custody

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.

Provide as much consistency as possible

Your job may not allow for huge amounts of consistency like your ex's can, but you can still be consistent to an extent. For instance, perhaps you will always have one weekend a month off, no matter what, or you will usually call your child every night between 6 and 8. Phone calls, postal mail, gifts, extended visits and absolute times off are just a few of the areas in which you can be consistent; attending as many sports events and parent-teacher conferences as possible are other ways, and creativity helps. There is also internal consistency; that is, when your child is with you, he or she generally knows what to expect.

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 Posted on November 10, 2016 in Child Custody

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.

Can my spouse and I adopt a child together?

If you are legally married, yes. This is called joint adoption. Joint adoption is when two people petition to adopt a child together. Do keep in mind that not all states permit unmarried partners to adopt a child together.

Is artificial insemination an option?

Yes, there is no law that specifies a woman's sexuality or marital status, so any woman can receive artificial insemination from a licensed facility. It is important to understand that in most cases, the woman who carries the child is considered the "official" mother.

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 Posted on October 25, 2016 in Divorce

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.

The mediator does not make any decisions, so if the parties cannot reach an agreement, then the mediation fails and litigation is often required to finalize the divorce. The good news is that mediation is successful in many cases, especially when:

The parties are both okay with the decision to divorce.

If one party does not want the divorce, he or she may be unwilling to negotiate and litigation may be necessary to unilaterally end the marriage.

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