Posted on December 01, 2019 in Divorce

Even under otherwise favorable circumstances, financial challenges can put a strain on a marriage. If your spouse also has bipolar disorder, it can complicate the matter even further. Your spouse may deplete the family finances by going on spending sprees as a symptom of the poor decision-making that often characterizes a manic episode.

A marriage can fracture under this type of strain, leading to a divorce. However, if you are not yet ready to take that step, you can nevertheless prepare for the possibility with a postnuptial agreement. In the event that you do eventually decide to file for a divorce, a postnuptial agreement provides you legal protection for your finances from your spouse's mania-induced spending.

What is a postnuptial agreement?

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 Posted on December 01, 2019 in Divorce

You may think of your job as just a way to pay the bills. Sure, your commute into Dallas every morning isn’t always a delight. But as long as you get paid on time, you’ll keep doing it. After all, the choice between commuting for your job and having no job is an easy one.

While inching along US-75 to work may not be the most pleasant part of your day, it may surprise you to learn that this extra time in the car can affect you more than you think. According to a study in the Journal of Urban Studies, the time you spend sitting in gridlock twice a day has two important effects on your life.

Commuting affects your wellbeing

Sitting in rush hour traffic is inherently stressful – especially when you’re worried about getting to the office in time for an 8 a.m. meeting. The study found that being in extended, tense situations before and after work decreases your overall satisfaction in life. It makes you less happy and more stressed. In fact, it found that people who commute more than an hour every day need to receive 40% more compensation in order to be as happy as those who do not commute.

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 Posted on December 01, 2019 in Divorce

Same-sex marriage has been legal federally since 2015. If you and your partner are thinking about tying the knot, it can be useful to understand how marriage – and the possibility of divorce – can uniquely affect same-sex couples.

You and your partner have been together for years – and you may feel confident that your relationship will last for many more. But you can never predict the future, and sometimes the unexpected happens and couples go their separate ways.

A prenuptial agreement (also called a “prenup”) or a postnuptial agreement can be a valuable tool to protect the members of any marriage. But for same-sex couples, there are some additional reasons to define your relationship in writing.

Define what you share

If you and your partner were together for a long time before getting married, you may have acquired a lot of assets together over the years. You may have bought a house together. Maybe you helped your spouse start a business.

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 Posted on December 01, 2019 in Divorce

Divorce is difficult on any family. Many unhappy couples may wonder about the negative effects a divorce could have on their children. They may even consider staying together for the kids’ sake.

How resilient are children to their parents’ divorce? Are they likely to handle it better at certain ages than at others?

This year, the journal Social Science and Medicine published a study examining the effects divorces have on children ranging in age from three to 14. Of this group, the study found that children aged three to seven suffer no noticeable ill effects from their parents’ divorces.

By contrast, older children face more risks surrounding their parents’ divorce. The study found that children between the ages of seven and 14 whose parents get divorced are statistically more likely to experience conduct and emotional problems. Specifically, the study found that:

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 Posted on December 01, 2019 in Divorce

Whether you have a toddler or a preteen, you are probably thinking about how to pay for college. Determining how much you can and will contribute to your child's college education can be difficult, especially if you co-parent your child with an ex. Here is some information to help you make these important decisions.

What Texas laws say

In Texas, there are no laws that require parents (custodial or non-custodial) to pay for their child's college. Child support obligations continue until the last to occur of the following:

• Your child turns age 18
• Your child graduates from high school

Texas does not have a law that specifically directs parents to make financial contributions to their child's college education. However, parents may decide otherwise. For example, a part of your divorce decree or a court order may stipulate that support obligations continue until your child graduates from college.

Deciding who will pay

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 Posted on December 01, 2019 in Divorce

For many families, the holidays are about coming together. This means spending lots of time with loved ones while juggling all the different needs that come with that. These few weeks are a time of celebration, not division.

This is precisely why someone who is thinking about divorce may choose to hold on a bit longer, waiting until life settles back into the normal routine in the first quarter of the new year before officially filing.

Divorce interest, filings spike right after the holidays

Waiting until after the holidays to file for divorce is not an uncommon strategy, as a recent report from USA Today explains:

• Google searches on the topic of divorce peak in early January
• “Divorce party” search figures on Pinterest rose 21% during January in recent years
• A University of Washington study found divorce filings increased during the first month of the new year in multiple states

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 Posted on December 01, 2019 in Child Custody

When you and your spouse or partner decide to part ways, you will have many concerns, particularly if you have kids together. Your primary concern will be their well-being and maintaining your relationship with them.

When child custody matters and a drunk driving record intersect

Are you fighting for custody of your children? Do you fear your soon-to-be ex-spouse's alcohol related behaviors or DUI or DWI conviction will put your children in danger?

A drunk driving conviction on your spouse's record doesn’t automatically disqualify them from gaining custody or having possession of the children. However, it will be a factor that the court takes into consideration. How seriously it affects the final decision depends on a number of questions, including:

• How long ago was the conviction? The court will take a drunk driving conviction less seriously if it happened more than 10 years ago or before a child was born.

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 Posted on December 01, 2019 in High Conflict Family Law

Navigating the ups and downs of a high-conflict divorce is difficult on its own. Things can become even more stressful when children are involved. You want what's best for them. That includes making sure disagreements don’t spill beyond you and your former spouse and impact the kids.

How can you try to ensure this doesn’t happen? Here are five strategies to keep in mind.

1. How to answer the inevitable questions

Your children will have questions. It's unavoidable. How should you answer them? Try using words and phrases that a child can understand while emphasizing things like empathy. Also, don’t fall into the trap of having one long conversation. It can be more beneficial to share small pieces of information at a time, essentially turning it into an ongoing, open talk.

2. Keep it between the adults

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 Posted on October 01, 2019 in Divorce

Divorce may be one of the hardest things you’ll ever have to endure. Having it happen for all to see can make it even more painful.

During a divorce, your private business could be available for everyone to see. Such information may be highly personal and could damage your reputation or career. There are ways to prevent such information from being seen by employers, neighbors and friends.

Privacy matters

While divorce proceedings in Texas are public, there are ways to keep everyone in Collin County from following your case:

• Collaborative divorce: This procedure happens mostly outside of court. Sessions look to resolve your divorce amicably while maintaining privacy. You then submit your final agreement to the court without the details that got you there.
• Confidentiality order: If you’re worried about specific details coming out in court, such as an affair or private medical records, a confidentiality order may be your best option. Put harmful testimony and anything that relates under lock and key with a prior agreement or allowance from the court.

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 Posted on October 01, 2019 in Divorce

You and your spouse are getting a divorce, but it's more than just your partnership that is splitting. Everything you acquired together must get split as well.

Texas is a community property state, which means the court will attempt to divide your assets by what is “just and right.” This isn’t always as simple as drawing a line down the middle. Understand how the court defines a fair split to make sure you get your fair share.

What is community property?

The court can count most anything that you gain during your marriage as community property, which is up for grabs. Income, commingled property and debt can all fall in the community pot.

What is separate property?

Separate property, which is likely yours to keep, can live outside of the community property if no commingling occurs. Once you start muddying the waters on ownership, independent assets can quickly become community property. Truly separate property may fall into several categories:

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