Posted on January 01, 2021 in Property Division

The year 2020 was certainly one for the books! Now that the holidays are over and we are into 2021, you may be wanting a fresh start. Is it time to make a transition in your life? Are you ready for a new beginning? Before you consider the DIY approach to divorce, beware. There are a lot of mistakes we frequently see people make that can have long-term, and often irreversible consequences.

Advance Division of Assets

Perhaps you and your spouse have discussed how to divide your estate upon divorce and generally have an agreement. That's great! However, you should resist the temptation to go ahead and divide the assets before filing or finalizing your divorce. Why? First, not all assets are created equal. It may seem reasonable to trade the house for your spouse's retirement account, but they may not be even swaps. What is the fair market value of the house? Does it need repairs to realize any value from it? The retirement account is not liquid and can result in in penalties and interest if reduced to cash. And don’t cash in the retirement account! You will bring unnecessary penalties to yourself that are not necessary. There is a way to divide the retirement account post-divorce where the non-participating spouse will not be penalized. But it needs to be done correctly. Finally, a division that is just and right may nor may not be a 50-50 division. A lot of factors, including the assets of both spouses and their respective earning powers and the tax effect of the division should all be taken into consideration.

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 Posted on December 01, 2020 in Divorce

The coronavirus pandemic has taken a tremendous toll on a majority of Americans. Hundreds of thousands have died, and millions more have suffered economic hardship due to job loss and other lost opportunities.

While vaccines are being distributed, these impacts of the virus are likely to be felt for months to come. COVID-19 has also exacted a toll on many marriages, some that were already struggling before the pandemic arrived.

Reasons for divorce during the age of COVID

The news hasn’t been all bad for married couples. Some marriages have become stronger as spouses pull together during a challenging time. However, being together in tight spaces with nowhere to go has forced others to reexamine their relationships, and many have not survived the scrutiny. Some of the top reasons for divorce during this time are:

• Communication issues magnify: For couples already unable to talk openly about areas of disagreement and concern, the anxiety created by the virus and their inability to communicate only makes their frustrations worse.

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 Posted on December 01, 2020 in Child Custody

You and your spouse have decided to part ways. You want your child to maintain a close relationship with both parents, but you also want to keep your child safe. You’re concerned about how your ex's bipolar disorder could affect their parenting abilities. Here are some considerations to keep in mind:

Symptoms of bipolar disorder

Bipolar disorder is a mental illness characterized by extreme mood swings. During such episodes, bipolar sufferers may act in a way that's different from how they would normally behave. They may exhibit signs of either mania or depression – and will alternate between these two states:

• Depression: Individuals in this state are often sad, exhausted and apathetic. They may be disinterested in things they would normally enjoy – such as hobbies or friends. They may find it difficult to get out of bed. This condition could affect a parent's ability to care for their children – from preparing meals to holding down a job.

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 Posted on December 01, 2020 in Child Custody

The year 2020 has delivered many hardships and heartaches. Whether you have been personally affected by COVID-19 itself (or have a family member or friend who has) or have managed to remain healthy, we have all been affected. Some have suffered job losses, schools just do not look the same, many are engaging in school at home guided by parents who are trying to navigate the virtual work and school environment. However, all negatives have a positive opposite. We have learned new skills, embraced technology, spent more one-on-one time with loved ones, and connected in new ways with our children. For divorced parents, co-parenting has become even more important, and many families have gotten creative to ensure that their children can still enjoy positive relationships with both parents. Co-parenting during the holidays is stressful in the best of times. Here are a few tips for co-parenting during the holidays in the midst of a pandemic.

First, try to get on the same page about the pandemic. Leading health experts are warning us that there will continue to be a rise in cases during the months of December through February, and many of us are seeing such a spike in our communities. The Texas Supreme Court has made it very clear that the pandemic does not override Court ordered possession schedules. However, if you or your child has been exposed, communicate with the other parent, quarantine when necessary, and keep everyone safe. But do not use the pandemic as an excuse to cut your child's other parent out of the picture. Children still need love and time from both parents!

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 Posted on December 01, 2020 in High Net Worth Divorce

For many people going through a divorce, the family home will be the largest asset divided. While Texas is a community property state, that doesn’t necessarily mean marital property is split evenly. Instead, courts typically distribute assets in a“just and right” manner.

Despite the monetary value of a home, it's also one of the most challenging issues from an emotional standpoint due to the years and memories you’ve already invested. It's even more difficult for parents who don’t want to uproot their young kids from familiar surroundings.

Get an accurate appraisal

Obtaining a precise valuation of your home is essential to receive your fair share. While realtors use comparative market reports to determine a home's value, divorcing couples should work with a licensed appraiser, who considers additional factors. This is especially crucial when high-end upgrades are made to the property.

Options for your family home

Once the value has been established, there are a couple common ways to proceed:

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 Posted on October 01, 2020 in Divorce

Ending a marriage can take a devastating emotional, physical and personal toll on everyone involved. That anxiety often leads spouses to make poor decisions in the heat of the moment.

That's why it's crucial that you control your emotions and focus on all the vital things that can help you reach the best outcome and the promise for a new and brighter future.

Avoid unnecessary conflict

An acrimonious divorce process can create long-term effects, such as financial stress, mental health problems, behavioral issues in children and future co-parenting difficulties. With the help of an experienced family law attorney, you can maintain significant control by focusing on three areas:

• Child custody and support
• Dividing property
• Spousal maintenance

Other complicating actions to avoid

While focusing on those three areas can help you begin your new life on solid footing, other actions that can derail, delay or complicate the process, including:

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 Posted on October 01, 2020 in Property Division

While U.S. divorce rates have declined in recent years, the numbers remain sobering. According to the American Psychological Association, about 40 to 50% of marriages in the U.S. ultimately end in divorce.

Whether a marriage has lasted one year or many, spouses often end up pooling many of their assets as well as sharing personal belongings. When facing divorce, deciding who gets what can be confusing and contentious. Texas couples should know that, if they cannot negotiate with each other about a fair division, the court will distribute property according to state law. This is why the assistance of a divorce lawyer is so important.

What is community property?

Along with eight other U.S. states, Texas is a community property state – meaning that nearly all property that either spouse acquires during the marriage is considered “community property” – and belongs to both partners equally. In addition to earned income, retirement benefits and investments, community property can include vehicles or real estate that one or both couples purchased while married, regardless of whose name is on the title.

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 Posted on September 01, 2020 in Divorce

For months, therapists and family law experts have predicted a surge in divorces here in Texas and elsewhere as shelter-in-place restrictions are relaxed or lifted.

These experts say there are two primary reasons. First, a lot of estranged couples didn’t have a choice but to live together as the pandemic worsened. Second, the stress of being cooped up with each other was the final straw for many.

Choosing the next step

Regardless of which spouse decides to file for divorce, or if both of you are in agreement, you’re now faced with another challenging decision on how to end your marriage. The default method is litigation, while others pursue alternative dispute resolution, such as collaborative divorce.

Questions to consider over the process

There are several considerations when deciding whether to take your spouse to court or work with them to find a middle ground. To determine what's best for you, answer these questions:

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 Posted on August 01, 2020 in Child Custody

When a couple gets divorced in Texas and children are involved, courts use a set of factors to decide the child's best interests. These issues address the physical and legal elements of sharing children, known as conservatorship in the Lone Star State.

Judges have wide latitude for determining what is in a child's best interest, and which parent is best suited for primary conservatorship. However, much of their guidance stems from a 1976 lawsuit over terminating parental rights – Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).

What are the “Holley factors?”

As a result of this precedent-setting case, judges use a list of considerations when determining the best interests of a child in Texas, including:

• The child's wishes for where they want to live

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 Posted on August 01, 2020 in Child Custody

Once a marriage ends and children are involved, the traditional approach for joint custody is a two-household situation, where children are shuttled back and forth. Many of their possessions are either duplicated or also transported from house to house.

However, a relatively new approach called “nesting” is gaining popularity across the country. Also known as bird-nesting, this strategy allows children to stay in the family home after their parents’ divorce, and mom and dad are the ones who take turns moving in and out to care for them.

What are the advantages of nesting?

While many argue this approach creates a more stable environment for children during an anxious and worrisome time in their lives, it's not just the children who don’t have to move around every few days. What also stays put are:

• Everyday necessities, such as clothing and toiletries
• Toys, books and other prized personal possessions

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