Posted on February 01,2019 in Uncategorized

There are several different factors to consider during a divorce. The division of assets is a strong consideration for both parties.

Thankfully, certain regulations help determine how parties will fare from the division process of the divorce. Regarding pension, there are a few important facts to know.

Handling of property

With Texas being a community property state, pension is handled as such. Therefore, in the eyes of the court, any pensions parties acquire during the marriage belong to both parties. However, it is important to note that pension payments before the marriage do not count as part of the community property. In addition, any interest payments paid on pension during the time of the marriage do count as community property.

Contributions to split

The courts consider several aspects when deciding how to split property during a divorce:

• Value of separate property
• Earning capacity and education level of each spouse

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 Posted on January 05,2019 in Uncategorized

Let us say you have been offered a promotion at work. It is a wonderful opportunity, but it involves moving to a new office out of state.

As the custodial parent, you want to take your 12-year-old son with you. How does the other parent view the proposed move? Will the court give its consent to modifying your child custody agreement?

Making a change

In the state of Texas, the custodial parent must give the noncustodial parent 60 days' notice of a proposed relocation, if at all possible. The notice must include the date of the move and the new residence address.

The point of view of the court

When you wish to modify your child custody agreement, the child's best interests will always be the priority in the view of the court. Relocation is a common reason for modification, but the court will have several questions.

• Will there be proximity to any family members at the new location?

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 Posted on December 06,2018 in Uncategorized

When divorce is inevitable, most couples dread contentious litigation and the possibility of a bitter outcome.

Mediation is another, quite different option that focuses on effective communication between the parties resulting in a satisfactory agreement and no need to go to court.

How divorce mediation works

A mediator is a neutral third party who guides a divorcing couple through a process in which they communicate with each other in a reasonable manner and work out the terms of their divorce agreement. The mediator provides the couple with the issues that they must address prior to drafting the final agreement. When disagreements arise, the mediator will assist the couple in getting the conversations back on track.

The advantages of mediation

Traditional divorce can cost thousands of dollars, and it is not unusual for the proceedings to drag on for months. By contrast, mediation is much more economical and a considerably faster process. It is also private, whereas litigation is open to public scrutiny. The greatest advantage is that the parties can make their own decisions and do not have to begin their separate lives by submitting to the decisions of the court. For this reason, mediation also has a high success rate.

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 Posted on November 27,2018 in Uncategorized

It is no secret that divorce comes with a high price tag. From court and legal fees to support payments, costs show up in all parts of the process.

Fortunately, you can mitigate some of these bills. All it takes is awareness, preparation and smart choices.

Common unexpected costs of divorce

Naturally, the exact expenses you have will depend on your circumstances, such as the assets you have and how many children are involved. In general, common hidden costs are as follows:

• Health insurance: If you were on your spouse's health insurance plan, you will now have to get one on your own.
• House: Selling a house comes with many expenses, from commissions to pre-sale repairs. Likewise, keeping the property requires paying for re-titling fees. If you are the one moving out, you will have to deal with moving costs and a down payment or security deposit on a new place.
• Valuations: A professional valuation will be necessary if you have numerous or complex assets, such as a business. You may end up utilizing other professional services, too, such as accountants.

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 Posted on October 30,2018 in Uncategorized

If you are going through or finished a divorce, Christmas can be a difficult time. The first holiday season as a single parent can be a struggle for you and your kids. With the other parent absent, your children may be more emotional and need extra comfort.

Navigating the holidays after divorcing your spouse is never easy, but there are some actions you can take to ease the pain. Here are some guidelines for handling your first Christmas after a divorce.

1. Normalize expressing emotions

Your kids are likely feeling grief as they try to celebrate a special holiday between two households. Let them know that it is perfectly normal and fine to feel sad and cry even during what should be a joyful time. Talk to them about how there is no correct way to grieve and that everyone is different. Let them know you are there if they want to talk to you about what they are feeling.

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 Posted on October 03,2018 in Uncategorized

Many teachers talk to divorced parents during routine conferences. With the new school year now in full swing, many parents have to deal with this, but it does not have to be a contentious issue.

The first conference after a divorce can be awkward. However, by keeping a few simple tips in mind, both spouses can get through it maturely.

Manage emotions

You never want your emotions to get the better of you when dealing with an ex in any capacity. If you and a former spouse see each other for a first parent-teacher conference, then it is vital to be ready. You should take a few deep breaths or go on a long walk beforehand to calm yourself down so you are more at ease while in the classroom.

Focus on your child

Instead of worrying about seeing your ex, you should think about how your child needs help. The purpose of this visit is to learn about your son or daughter's academic performance. Keep the conversation on track by coming in with a list of questions to ask the teacher. This allows you to speak more to the teacher than your ex.

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 Posted on September 10,2018 in Uncategorized

Divorcing your spouse is inevitably complicated, and so, too, is learning to adjust to a joint-custody or similar arrangement that means you will only have your children in your home part of the time. Chances are, you are divorcing your one-time partner because you no longer agree on certain areas or aspects of life, and this can lead to complications when the two of you continue to share parenting time after you split up.

Increasingly, parents who split up but plan to continue to share custody are creating parenting plans to help prevent unnecessary discord and hardship down the line. Essentially, a parenting plan is a written document that sets guidelines you and your former partner agree to follow when it comes to co-parenting after divorce. While you can address an exceedingly broad range of areas in your parenting plan, many divorced couples use them to set guidelines with regard to the following.

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 Posted on September 05,2018 in Uncategorized

Divorce is typically a straightforward process, but there are times when it can become substantially more complicated and heartbreaking. For instance, some couples in Texas have contemplated divorce so that they can afford medical care for their ill or disabled children.

Another factor that can make divorce harder is the litany of myths that persist about the process. In particular, child custody creates a lot of headaches. That is why it is important to separate fact from fiction.

Myth #1: As long as there is equal custody time, neither parent has to pay child support

In most cases, parents will share joint custody of any children. Even if the custody is a perfect 50/50 split, one parent may still need to pay the other child support. The goal of child support is to resolve any income disparity between the two parties. Children should enjoy the same lifestyle and resources with both parents.

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 Posted on August 03,2018 in Uncategorized

If you are in the military and are scheduled for deployment, it is natural to wonder if you need to go through legal channels to change your custody order. The best person to ask about your particular situation is your lawyer.

In general, it can be wise to ask a temporary custody order, but you do not necessarily have to.

Custody cannot be permanently changed because of deployment itself but…

Courts cannot permanently change custody because of deployment. However, a temporary custody order is an opportunity for you to set up legal channels for people such as your parents or spouse to visit your children while they are with their other parent. It can also address matters of child support and how often you get to communicate with the children while you are deployed.

If your co-parent is not suited for custody

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 Posted on July 11,2018 in Uncategorized

When you are in the middle of a divorce, it can seem like everything is out of control. The future that you had planned is suddenly changing, and it can be easy to get sucked into a cycle of bitterness and resentment towards your ex. If you want to minimize conflict and maintain control over your life and divorce, mediation may provide the solution that you have been looking for.

Mediation allows separating couples to avoid court and instead hammer out the details of their divorce in a neutral, mediated environment. According to the American Bar Association, it is generally a shorter process than a litigated divorce, and this means it is also less expensive. How can mediation help you maintain control, too?

1. Prevent narrative from spiraling

You might be concerned that your ex will use court as an opportunity to give a narrative of your divorce that does not align with yours. Divorce tends to be messy, and in an unmediated environment, untrue narratives can very easily propagate. Mediation, on the other hand, allows both parties to focus on the details that really matter without letting editorial context claim control.

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