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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 Posted on June 01, 2020 in Child Custody

Billions of people across the globe are struggling to find a new “normal” amid the coronavirus pandemic. While lockdown orders and other restrictions begin to ease a bit here in Texas, there is no playbook for how and when to resume regular activities.

During an uncertain time, we can be part of the problem or the solution. That's true for every individual as well as parents who share custody of their children. Co-parenting is difficult even during the best of times and has become even more challenging during the past several weeks.

Co-parenting stress relievers

Everyone has been affected differently by the pandemic, and it's essential that parents take steps to protect their physical and emotional well-being for everyone's sake. Actions that can help reduce stress include:

• Care for yourself: Set aside time for reading, walking, biking or jogging and reduce your access to wall-to-wall news coverage of the pandemic. Virtual dinner parties, free online workouts and other creative activities may help you remain connected to others during this social-distancing period.

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 Posted on June 01, 2020 in Child Custody

Father's Day is just around the corner. Are you a concerned dad? Concerned about your children and your rights? Custody is not just for moms. If you are a dad seeking custody, consider these three things.

First, ask yourself why. Why is this important to you? Are you looking for equal time with your children? Are you afraid the courts will only see you as a weekend dad? Or, are you the more stable parent? Is your spouse a risk to your children? The answer to these questions will make a difference in court and a custody agreement.

The second thing you should do is look around and gather evidence. Do you have videos, pictures, or audiotapes of you and your children showing you to be the best dad you can be? If you're concerned about your spouse or that your spouse is a risk to your kids, do you have evidence that shows what that risk is. If you want to fight for custody, you need to be prepared with evidence so the court can see that and make a decision that is in the best interest of your children.

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 Posted on May 01, 2020 in Divorce

Many families in Texas may welcome the extra time spent together due to Gov. Greg Abbott's stay-at-home order during the current health care situation.

But for others, the increased interaction may aggravate an already tense situation between spouses whose marriages were previously strained. Many believe it will lead to an increase in divorces.

Weighing the economic impact

But some experts are saying, “not so fast.” While some marriages may be strengthened during this period, others believe the number of divorces could actually decrease due to financial considerations related to lost income.

As of April 11, more than 1 million Texans had filed for unemployment benefits since March 15, as restaurants, retail stores, bars and other so-called non-essential businesses reduced hours or shut down operations while the stay-at-home order is in effect.

Divorce filings decrease in one county

An analysis of limited data shows at least one county reporting a decrease in divorce filings over the past month. The Austin Statesman reports filings in Travis County decreased by 46% compared to the same period in 2019, and by 36% from 2018.

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 Posted on May 01, 2020 in Divorce

The past two months have turned everyone's lives upside down. It's been especially difficult for those are divorcing and had to postpone the process until the health emergency settles down.

Governor Greg Abbott allowed his stay-at-home order to expire on April 30. It is only a few days until the courts reopen. How have you fared during this stressful time?

Finding hope after a “pandemic divorce”

While it hasn’t been an easy time, there are steps you can take to reclaim a positive outlook for the future, both in your professional and personal lives:

• Career aspirations: It hasn’t been easy to focus on your job, whether you’ve continued going to work, working from home or have been furloughed or laid off. Take the time now to assess where your career is and where you want it to go.
• Find your passion: Stress! Disappointment! Shell shock! Sound familiar? Those are some of the feelings most have experienced over the past several weeks. However, now is the time to set goals for rebuilding your life after your divorce and focusing on the positive things you want for the future.

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