Posted on July 01, 2021 in Divorce

Too many Texas spouses struggle going through the motions of an unhappy marriage. Often, it's due to the belief that things will get better, or they’re afraid of the impact divorce will have on their children.

However, in many cases, divorce is a positive step for the entire family. Once a marriage is broken beyond repair, it's vital to change course when anger, frustration and resentment consume the relationship.

Five “freeing” effects of divorce

Divorce is never easy, and families are forever changed. But it's often for the better as ex-spouses can focus on the needs of their children to forge a new dynamic. The benefits include:

• A healthier household: Tension runs deep in unhappy homes. Ridding everyone of that stress can provide immediate relief.
• Better physical health: Spouses in deteriorating marriages often see their own health decline due to chronic stress. Removing yourself from that environment can lead to improved physical and mental health.

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 Posted on July 01, 2021 in Prenuptial Agreements

Prenuptial agreements – also referred to as “premarital agreements” in Texas – are a curious thing in the context of marriage. On the one hand, many people insist that these agreements are necessary to ensure that no spouse is unfairly impacted by a divorce. On the other hand, prenuptial agreements are not exactly the most romantic things, and in some ways seem incongruous with the general purpose of marriage to begin with. The best approach is likely to be somewhere in the middle: use prenups when necessary, but they may not always be necessary. Texas is a community property state, which has a decisive role in property division in divorces without a prenuptial agreement. If a couple feels that this default position is fine, then perhaps a prenup is simply not necessary.

In this post, we’d like to give a basic overview of how courts treat prenuptial agreements. Most readers have at least a general idea of how these agreements work. A prenuptial agreement is a contract which predetermines things such as property division, asset protection, inheritance, debt responsibility, and so forth. But how do courts treat these agreements? Let's discuss in a bit of detail.

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 Posted on June 01, 2021 in Divorce

The end of a marriage can take a heavy toll on spouses, children, close friends and family members. The emotional consequences can be even greater when private information surrounding your divorce is available for the public to see.

Keeping those details away from prying eyes depends upon your behavior and working with an experienced family law attorney who understands how Texas privacy laws can keep certain information from becoming public.

Avoid venting on social media

One key to minimizing the harm for children is for both spouses to remain civil. Avoid bashing the other party through digital communications, including emails, texts, tweets, Facebook posts or anything that could appear before a judge.

It's better to refrain from talking about your divorce or spouse on any of these platforms or keep details limited. Finally, never make angry public remarks or accusations about the other party out of frustration, as they can be used against you later.

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 Posted on June 01, 2021 in Child Custody

Co-parenting after a divorce or separation is never easy. Every relationship is different, and some ex-spouses have more conflict than others.

While each marriage and divorce are unique, the common goal should be to ensure that children have a safe, stable and close relationship with both parents.

Remember! It's not about you

Putting aside negative feelings for a former spouse can be extremely challenging. However, unless abuse or neglect is present, Texas parents need to remember that children of divorce can still thrive when both mom and dad play a positive role in their daily lives. Here are some crucial things to remember:

• Your children are always first
• The time spent with your kids is theirs, not yours
• Cooperate with extracurricular activities and school
• Don’t keep score on which clothing, electronics, games or toys go back and forth between homes – they belong to your child
• Don’t badmouth your ex – your child is one-half of the other parent

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 Posted on June 01, 2021 in Child Custody

Nesting is a relatively recent trend among divorced and divorcing parents in Texas who share the family home, taking turns being with their children. As a result, kids remain in familiar surroundings, which can help them better adapt to their new situation.

The parents can stay in separate areas in the home, but most live in other locations. Some share an off-site apartment or house when they are “off-duty,” while others live part-time with family or even friends.

Putting the children first

Research shows children of divorced parents suffer more psychological and behavioral harm when their parents don’t get along. Nesting can give them a stable environment, especially in the early stages of a divorce.

Some of these arrangements only last until the details of the divorce are worked out, while others can last several months or years, depending upon the parents’ post-divorce relationship and the age of their children.

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 Posted on June 01, 2021 in Child Custody

When Texas spouses decide to end their marriage, nothing is more painful than telling their children they are getting a divorce. While it won’t be easy, kids should hear the news from both parents at the same time.

How your children respond will likely depend upon their age and what you choose to share. Younger kids will need reassurance that the breakup is not their fault, while high schoolers will want more details about the divorce and how it will impact their lives.

Keep it simple and skip the messy details

Present a united front with your spouse and avoid blaming each other, as it can force kids to take sides. Instead, keep the messaging uncomplicated and focus on the future, such as:

• Mom and dad will be happier living apart
• The divorce has nothing to do with them
• We will live in separate homes where they will be loved

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 Posted on May 01, 2021 in Special Education Law

Today, the Texas Legislature passed a law that would extend the statute of limitations on special education cases from one year to two! This will make Texas law consistent with Federal law. More importantly, it allows time for parents to gather information and make informed decisions about legally enforcing their child's right to a Free Appropriate Public Education.

This is a huge victory for parents of disabled children. It is not unusual for it to take the better part of a school year to realize the impact of schools either not implementing an IEP, failing to provide appropriate services, or the impact of an inappropriate placement. Frequently, parents realize the problem after almost a year has passed, and that leaves little time to hold schools accountable and pursue better services for their children. The expansion of the limitations period will offer greater protection to parents and children.

Parents and their attorneys and advocates have been pleading for this for years. Now the law has passed both the House and the Senate. Now it is up to the Governor to sign it.

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 Posted on May 01, 2021 in Divorce

Divorce is a very “me-centric” process, understandably encouraging divorcing Texas spouses to focus on their own personal, financial and emotional well-being. If you’re a parent, that level of concern extends to your kids.

But divorce affects everyone close, regardless of whether they are related to you or your soon-to-be-ex. Likewise, it will significantly impact the future of all the friendships you have established on your own or through your spouse.

Control the narrative and avoid hurt feelings

Talking about the end of a marriage can be awkward. How you approach these conversations will likely set the tone for future relationships with:

• In-laws: Each spouse may want to break the news separately to their own parents, grandparents and siblings. It's essential to realize that your children will benefit from maintaining a loving relationship with your ex's family, even if you are no longer present.

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 Posted on May 01, 2021 in Divorce

A divorce changes all family dynamics. What once seemed easy can become fraught with difficulty, extra planning and second-guessing. This includes scheduling holidays like Mother's Day.

For moms, Mother's Day can be an exceptionally emotional event during or after a divorce. But both parents should understand it can be just as challenging for their kids.

Preparation is key when planning for holidays

When children live in two separate households, you and your ex (with the help of your lawyer) can accomplish much of the heavy lifting regarding where the kids will spend holidays and birthdays. When you are putting the details together for your Texas parenting plan, remember:

• Your kids didn’t create the situation.
• Divorce is difficult for both younger and older children.
• Kids want what's best for both parents.
• Your children are still trying to figure out this arrangement.

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 Posted on May 01, 2021 in Child Custody

The key to a successful co-parenting relationship is creating a peaceful and loving environment for your child. Those goals can usually be accomplished when parents abide by the terms of their parenting plan while remaining flexible with their ex.

Regardless of whether Texas co-parents get along or try to avoid contact, it's crucial to detail the co-parenting relationship by keeping a journal, which may be a book or an app that keeps comprehensive records.

Details to include in a co-parenting journal

Diligence and consistency are the keys. You should make an entry after every exchange with the other parent. Include the date and time for items, such as:

• Late drop-offs and pick-ups
• Canceled or late appointments
• Medical appointments and health care details
• Discussions about your child with your ex
• Your child's emotions and moods after they interact with the other parent

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