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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 Posted on August 01, 2020 in High Conflict Family Law

When spouses begin the divorce process, emotions typically run high, making it extremely difficult for both parties to share the same space. A contentious split may lead one spouse to move out of the family home to avoid confrontations.

However, from a strategic point of view, the spouse who leaves can be at a disadvantage in the divorce case, and that disparity can be even more significant if the other spouse remains in the home with their children.

Staying in the home has two important upsides

While moving out of the family home technically doesn’t mean you forfeit any legal rights, there are strategic and legal incentives for staying, such as:

• Keeping the home: Judges typically look for answers that enhance stability, especially for children. If you want to keep the house, continuing to live there provides that stability. If you move out, it can end up working against you.

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 Posted on July 01, 2020 in Divorce

Most couples who decide to end their marriage hope for a quick and painless process. But in many cases, divorce turns out to be anything but easy. Tempers can flare as couples argue over money and property or custody of children – in addition to the underlying reasons for the split itself.

But, if a workable agreement with your soon-to-be ex seems unlikely, or they are reluctant or unwilling to come to the negotiating table, is litigation the best or only option? There are many elements to consider before you decide to let a judge here in Texas make decisions for you.

Key considerations for taking a divorce to trial

While anger may be justified in cases where a spouse mistreated you, courts typically take a practical approach over dividing property, and deciding where your children will live. Consider these factors before going to trial:

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 Posted on July 01, 2020 in Child Support

Child support payments can make a significant difference in a child's life after parents decide to end their relationship. It is also one of the most crucial issues to address during a divorce or break-up between parents. Working out who will pay, how much and how the payments can be used typically adds to an already tense situation.

Raising a child is expensive, regardless of whether parents live together or apart. Support payments are calculated by the state, and courts can have the final say on how the funds are used to support a child's upbringing, ensuring that their basic needs are met and preventing future complications or hardships.

Repercussions for neglecting or refusing to make payments

Texas has stiff punishments for child support evaders. Parents who miss payments can be found in contempt of court. Consequences include:

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 Posted on July 01, 2020 in Property Division

Texas considers any assets acquired by a married couple to be community property, meaning both parties own it. However, that doesn’t necessarily mean couples will split marital assets equally when they get divorced.Texas law provides that the division of property is fair and equitable, according to what a judge considers to be “just and right.”

Factors determining a “just and right” split

Assets include wages, real estate, personal property, pensions, employee benefits and others. However, not everything spouses own is deemed community property. These can include items owned before the marriage, assets such as inheritance or gifts received by just one spouse and some personal injury awards. Texas courts apply the “just and right” rule by considering:

• Reasons for the divorce and who was at fault for the breakup
• Length of the marriage

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 Posted on June 01, 2020 in Divorce

Divorce can be a traumatic experience for both spouses after a once-loving relationship disintegrates. A split can lead to overwhelming disappointment, anger and anxiety over the future. Those feelings are also intense for children when their parents decide to go their separate ways.

Kids will have many questions, such as where they will live, where they’ll go to school and whether they’ll have to leave their friends. They’ll also wonder what will happen to them during school vacations and summer break. Perhaps most worrisome is how often they’ll be able to see BOTH of their parents.

Breaking the news requires a thoughtful approach

Parents who decide to end their marriage must be ready for these questions and ready to discuss the fears and anxiety their children will likely have. As a parent, you should consider:

• Where and how to tell your kids

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 Posted on June 01, 2020 in Divorce

The current quarantine is affecting marriages worldwide.

Marriage is hard. It takes two people to show up, sometimes as their best selves and sometimes not, and steadfastly face the joys and challenges of sharing a life.

Social distancing has brought many couples together. Having time to slow down has put a spark back in many marriages.

However, for many couples, the international pandemic has resulted in having a family attorney on speed dial.

Are you fighting with your partner more? Does your family seem that at times it might implode from the sheer pressure of spending so much time together?

You are not alone.

The pandemic has brought with it the distinct challenges:

maintaining physical health,

maintaining employment,

attempting to continue to be a viable member of society in a drowning economy, and,

continuing to have toilet paper!

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