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.

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 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.

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 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.

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 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.

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 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.

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 Posted on May 18, 2021 in Divorce

Divorce mediation is a different way of handling the divorce process and is an alternative for divorcing couples to familiarize themselves with. Divorcing couples should understand the potential advantages of divorce mediation and how to prepare for the divorce mediation process.

Potential advantages of divorce mediation

The following are some advantages of mediation

• Saves time and money: mediation means avoiding the formal divorce process which can be more costly and time consuming. Compared to litigating a divorce, mediating it can be a more efficient process for the divorcing couple.
• The process is fair to everyone: mediation involves a third-party neutral who helps the divorcing couple resolve their divorce-related concerns. As an objective party, the mediator may be able to help the divorcing couple reach solutions they may not have otherwise considered.
• The process is more private: mediation is not a public process and does not create a public record. For that reason, it can be more private which can be easier on the divorcing couple and any children from the marriage.

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 Posted on May 10, 2021 in Child Custody

Child Protective Services in Texas is tasked with a big responsibility: keeping children safe. That’s why they’re required to investigate all allegations of abuse and neglect without much regard to the truthfulness of the initial claims. This can jeopardize your family integrity, which is why you need to be careful in how you interact with CPS and its employees. If you’re not, then your children could be taken from your care, which could have major implications for both your short- and long-term rights as a parent, as well as any outstanding custody cases you might have with your children’s other parent.

Things to consider when coming into contact with CPS

To successfully navigate your involvement with CPS, you need to keep a few things in mind. Let’s look at a few of them:

• Your statements will be used against you: CPS cases oftentimes become child welfare cases where the State may try to present evidence against you in hopes of keeping a child out of your care and/or ensuring that the State can intervene in your life to provide you with certain services. Therefore, when interacting with CPS workers or law enforcement, try to keep your temperament in check and don’t be so quick to provide information. We know that coming into contact with the child welfare system can be stressful and nerve-wracking, but you don’t want to cause any self-inflicted harm to your family or your rights as a parent.

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 Posted on April 21, 2021 in Divorce

When couples are preparing to divorce, each spouse may wonder how marital assets such as retirement funds will be divided. The way assets are split between the two spouses will depend on the type of retirement account the former couple has and the regulations associated with the account(s). It's important to know that not all retirement accounts are alike. If you live in Texas, here are some important things to know about receiving assets once your marriage is over.

Defined contributions

Defined contributions are retirement plans in which an employee contributes a set amount. The employer will likely match the employee's contributions to a certain amount. A 401(k) plan is the most common type of defined contribution account. A worker has a specific amount of their paycheck deducted and set aside into a retirement account. The employer matches the contribution to a certain point. The deduction for this account is pre-tax, which means the money comes from the worker's gross pay before taxes are taken out. Once the employee retires, the money is taxed when received. Account-holders are always aware of what is in their retirement account and what the funds are worth. If the account holder is involved in a divorce, the money from the retirement account generally must be split between the account holder and their former spouse.

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 Posted on March 29, 2021 in Divorce

Filing for divorce in Texas is a challenging time for parents and their children. While you're trying to navigate through the divorce process, your child might have trouble concentrating on their schoolwork. How can you keep their grades from slipping when you have so much on your plate?

Tips on keeping your child focused on school

During the divorce process, school is one of the few things that give your child a sense of normalcy. Make sure you focus on your child's education just as much as you did before you filed for divorce. While it's easy to focus on other things, you should set expectations for your child and encourage them to keep up with their schoolwork. If you're not paying attention to them, they might give up on their grades altogether.

If possible, you should communicate with your former spouse to make sure that you have a consistent set of rules in both households. If you make your child do their homework but your former spouse doesn't, your child will probably start thinking that education isn't important. They might even want to spend more time with their other parent because they're the "fun" parent. You and your former spouse should set up a consistent schedule for your child to complete their homework and participate in after-school activities.

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 Posted on March 16, 2021 in Divorce

Texas is a community property state, which means that all joint assets are generally divided on a 50/50 basis in a final divorce settlement. However, it is obvious that you won't literally get half of the family car after your marriage officially comes to an end. Let's take a look at the various ways that ownership of this asset may be determined.

Is there positive equity in the vehicle?

If there is positive equity in a family car, truck or van, a judge may order you to sell it. The proceeds from the sale would then be split equally between yourself and your former spouse. Alternatively, you may be able to take ownership of the vehicle by paying them what they would receive if the car were sold.

You could trade the car for another asset

Let's say that your former partner has an attachment to a vehicle that you have an ownership interest in. It may be possible to waive your right to that asset for something that you want more such as your favorite recliner, an art collection, or full ownership of a brokerage account.

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