Posted on April 01, 2020 in High Conflict Family Law

Fear the Cloud

Today, people are texting more and talking less, with today's average adult spending 23 hours a week texting. According to a recent study, Americans exchange twice as many texts as they do phone calls. With that in mind, you would think that we would take a little more care in what we send via text message, but for whatever reason, the social etiquette we show on social media, in person, and on the phone all goes out the window when we text. From lewd photos to incriminating confessions, people will say just about anything via text, all the while mistakenly believing that no one else is watching (or reading). But this could not be further from the truth.

Not many of us understand the “cloud”. That great database in the sky. But rest assured, anything you write or send via text message is stored there and can be accessed at any time—yes, even deleted messages. Because of this, it is extremely important that you refrain from saying anything incriminating or potentially harmful to your character via text message. Especially if you are going through divorce.

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 Posted on March 01, 2020 in Divorce

A spouse's addiction problem can put enormous strain on a marriage. Whether it's with alcohol, drugs, gambling or anything else, a spouse's addiction causes their partner to suffer a great deal of pain.

In the United States, some studies suggest that chronic substance abuse by one or both partners is the third-leading cause of divorce after infidelity and abuse.

How does addiction destroy marriages?

Experts estimate that 24 million married Americans have an addiction or are married to someone with substance abuse issues. There are several ways addiction can erode the marital bond, including:

• Loss of trust: People with addictions tend to lie about the severity of their problem, conceal how much money they spend on their habit and break promises to change their behavior.
• Financial distress: Spouses with addictions waste savings, borrow money and sell property to pay for their habit. Some lose their jobs, while others commit crimes such as theft and DWI.

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 Posted on March 01, 2020 in Child Custody

After enduring the cost of a spouse's substance abuse issues for years, the non-abusing spouse may decide to walk away. Many choose divorce as a way to distance themselves (and their children) from the problems addiction has created.

A parent's misuse of illegal and legal substances can have a profound effect on their children. A divorce might allow you to separate your children from a bad situation, and the courts can support you in the process.

Courts recognize the effect a parent's substance problems can have on their children. For this reason, courts take substance abuse heavily into consideration when looking at custody arrangements.

Destructive behavior

Texas courts don't allow much leeway regarding the safety and protection of children. If children are exposed to continued substance abuse, the user may forfeit their right to custody.

Dangerous ground

Another important factor a judge will consider is the best interest of the child. Substance problems by your spouse, or anyone that has access to their home and your children, could be a determining factor in your custody case. If your partner does have documented substance issues, the court is more likely to restrict access between the offending parent and the child.

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 Posted on March 01, 2020 in Child Custody

Thursday, March 12, 2020, was a day full of constant conflicting messages that impact families’ schedules. Colleges are closing, NCAA sports are cancelling their seasons, the NBA is ending its season, March Madness is over, and public schools are changing Spring Break! If you are like most parents, your initial thought is to keep your children safe and healthy. If you are also divorced or co-parent with another, then your thoughts suddenly shift to the Spring Break schedule and the question, “Who Gets the Kids?”

When does Spring Break possession begin and end? Well, first, it depends on your Order. If you have a custom schedule that provides for a shared week or specific days, then follow your Order. If your Order follows the Standard Possession Order, in even-numbered years, the non-custodial parent has possession of the child from the time school is dismissed for Spring Break until 6:00 p.m. the day before school resumes for Spring Break. Some may say, this extends Spring Break, perhaps indefinitely. However, our Collin County District Courts https://www.facebook.com/CCDistrictCourts/ have injected a little common sense into the situation and issued a statement that the Standard Possession Order under the Texas Family Code follows the originally published school calendar. So, if you live in Collin County, have a standard possession order, and you have possession over spring break, your possession period ends at 6:00 p.m. the day before Spring Break was originally scheduled to resume. Other counties may or may not follow suit, but it is always best to put your children first rather than argue over technical points of when a Spring Break extended by disaster ends.

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 Posted on March 01, 2020 in Child Custody

Texas Gov. Greg Abbott issued an executive order Mar. 18 temporarily closing all schools at least through April 3 due to concerns over COVID-19. Some districts had already acted independently by extending spring break vacations or closing buildings until further notice and shifting instruction online. With the President's extension of social distancing guidelines through April 30, it is certain that school closures will continue.

It's a scenario that many parents with child custody arrangements would likely never have anticipated, and some may be confused about the potential effects on court-ordered child visitation agreements, specifically on when they must return children to the other parent.

Texas Supreme Court issues Order over custody schedules

Both the Frisco and McKinney Independent School Districts canceled classes prior to the governor's order affecting childcare schedules for thousands of families. Some parents wonder if closures will have any effect on their visitation schedules.

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 Posted on March 01, 2020 in High Conflict Family Law

Divorce can bring out the worst in anyone. While Texas is a “no-fault” divorce state, spouses can also file on grounds such as abuse, adultery, cruelty, abandonment or fraud. Any one of those instances can easily lead to a high-conflict divorce.

But, allowing anger to boil over into unkind comments about a spouse can actually harm a reputation, damage the family dynamic and, in many cases, hurt a person's chances for a favorable divorce – whether it's through a settlement or litigation.

Advantages of taking the high road

Despite the perceived short-lived emotional benefits of speaking harshly about a soon-to-be ex, making nasty or rude remarks can lead to a lengthy and expensive process. The benefits of an amicable split include:

• Dividing assets: Texas is a community property state, meaning all marital assets are equally divided unless there is a pre- or post-nuptial agreement in place, or other special orders. However, a contentious relationship with your spouse can make reaching a settlement challenging.

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 Posted on March 01, 2020 in High Net Worth Divorce

You’ve spent years building your retirement funds for the future. Now, they are a healthy portion of your portfolio. Unfortunately, a divorce may divert some of those hard-earned funds for years to come.

Dividing retirement accounts and pensions rank second on the list of the most contentious issues during divorces, according to the American Academy of Matrimonial Lawyers. (Spousal support is the most fought-over issue and dividing business assets the third.) An experienced divorce lawyer can explain how best to divide your retirement assets, but here is some information about how a qualified domestic relations order (QDRO) can help.

Planning payouts with a QDRO

QDROs are used to divide retirement assets during divorces. How a QDRO splits assets can have a big impact on how intertwined your benefits will be going forward:

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 Posted on February 01, 2020 in Child Custody

One of the toughest parts of your divorce could be making sure your children get what's best for them. A court order giving you an equal share in custody is an excellent place to start, but that's not a guarantee that it will work out that way.

The National Parents Organizations (NPO) gave Texas a C- for its shared parenting legislation. Not alone in the middle, Texas was one of 25 states that the organization assigned a C grade. Getting a fair share of time with your children is very important, but you may have to put in some extra work to get there.

Benefits of joint custody

The NPO sees joint custody as an essential part of bringing up your children, with stronger benefits appearing as you approach equal shares of time. Even if you and their other parent have a regular dose of disagreements between you, joint custody allows your children to develop healthier behaviors and perform better in most areas of growth. This can translate to better emotional, physical and academic development.

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 Posted on February 01, 2020 in High Net Worth Divorce

Financial infidelity plagues nearly half of Americans in relationships, and it could have a significant impact when it comes time for a divorce. It can be hard to look for assets under every rock but leaving no stone unturned might be vital to getting the share of assets you deserve.

41% of Americans say they’re guilty of hiding financial detailsfrom their partners. Some may have concealed a receipt or two, while others go so far as hiding entire bank accounts. This breach of trust has many costs, not the least of which is keeping you from getting an accurate idea how much you should get during the division of your marital assets.

Recovering from cover-ups

Your spouse may have handled household expenses, guarded revenue streams and outright hidden assets. It can be hard to track down resources when you’re kept out of the loop, but tracking it all down could increase your share:

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 Posted on December 01, 2019 in Divorce

Couples who own businesses together may be hesitant to proceed with a divorce, even if their relationship has broken down to the point of being irretrievable. Staying together for the business is not likely to be a long-term option.

But what options are available when it comes to divorce and the family business? According to U.S. Census Bureau data, this is not an uncommon question. There are about 3.7 millionhusband-wife co-owners operating businessesin the U.S. Here are three options that a couple may consider before they head to divorce court.

• Sell the business before the divorce: Many people view divorce as a chance to get a fresh start. By selling the business, the couple may gain the means to go in different directions, whether that be to start a new business, go back to school to begin a new career or find work in an established company. The downside to selling the business is that it may take time to find a buyer, and this could prolong an unsatisfactory marriage.

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