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4 myths about divorce mediation
The divorce rate has slowly declined in Texas. In 2015, there were only 2.6 divorces for every 1,000 inhabitants, which is down from a divorce rate of 5.5 in 1990.
Before any couple proceeds with the divorce, both people should seriously consider going through mediation. Although many people associate mediation with uncontested divorces, they can be beneficial even if the couple has significant disagreements about how to divide assets. You may decide mediation is best for your divorce after you realize the following common myths are not actually true.
Myth #1: It is easier to simply go through lawyers
Both spouses will still need to hire attorneys even if they go through mediation. However, they can both save money and time by working out key issues before heading to trial. Once the mediation sessions are over, both lawyers can review the documents and submit them for approval in the court.
Should my new spouse have a say in what my children do?
When you remarry, it is normal to wonder about the role that your new spouse will play in your children's lives. For example, what say, if any, should the new spouse have in what your children do? Does the spouse weigh in on rules? Do you expect your spouse to help pay for your children?
There are no easy, cut-and-dried answers. What is best depends on many factors and can change considerably in just a short time. Here are some things to think about as you ponder this question.
What your ex's family setup is like
If your ex has a romantic partner or spouse, particularly a longtime one, then your children may be used to how they handle things. For instance, if the children are accustomed to their stepparent asking them to do chores and obliging these requests, they might not give a second thought to your spouse doing the same.
What the relationship between your spouse and the children is like
What happens to military pension after divorce?
If you are a member of the U.S. Armed Forces, or if you are currently involved in a divorce from a member of the U.S. Armed Forces, you may have questions about the division of military pension once your marriage officially ends. Maybe you have concerns about having to share your pension with your former spouse, or maybe you feel you have a right to at least some of it and want to make sure you understand your future needs with regard to saving.
Regardless of your reason for asking, there are certain rules that govern how couples divide military pension in divorce. In Texas, which is a community property state, any money given to the military retirement account during the marriage becomes the property of both parties. However, any money placed in the account prior to the marriage remains the exclusive property of the military member.
Additional details
How does divorce mediation work?
If you are contemplating a Texas divorce, your life undoubtedly is in turmoil right now. Not only are all your hopes and dreams crashing around you, you and your spouse likely have numerous issues regarding your children, the possibility of spousal support, and how you will divide your marital property. Nevertheless, it is highly unlikely that either of you looks forward to an expensive, protracted and nasty divorce. Surely there must be a better, less stressful way to split up.
There is. Today, more and more divorcing couples are finding that mediation is the answer they are searching for. Unlike a traditional litigated divorce, mediation lets you and your spouse maintain control over your respective lives by making your own decisions, not leaving those decisions up to a judge.
Hiring a mediator
If you think that mediation is the right choice for you, the first thing you and your spouse must do is hire a mediator. This is a neutral person who represents neither of you, but rather is highly trained to act as your facilitator and "referee" while you resolve your own differences. Each of you has the opportunity to first meet with your mediator privately to lay out your issues, concerns and mediation goals. Then, your mediator provides a neutral, non-threatening environment, such as a conference room, where the three of you will begin meeting.
Key benefits of divorce mediation
Couples who get married usually plan to be together forever. However, that does not always occur. For those who may be contemplating a divorce, it can be helpful to understand a few things about the process.
Outside of court, divorce mediation is a common option for dissolving a marriage. There are a few key benefits in choosing mediation.
Cheaper
Mediation tends to be a less expensive means of divorce. By cutting out the court fees alone, divorcing couples stand to save a good amount of money. Even if the mediation takes a few sessions, the cost is still quite less than litigation.
Efficient
Not only is mediation a cost-effective option, but it is usually less time-consuming. While people must adhere to the court's schedule during a traditional divorce, a divorcing couple may select the times and dates that work best for them during mediation. Also, this process allows the couples to keep most of the power in their own hands. In order for the mediation to be successful, the two parties must listen to each other and negotiate terms that both can agree with. This type of environment may be beneficial for parents needing to create a co-parenting agreement.
What schools should do for you and your co-parent
By now, schools are used to students who have divorced parents. However, some schools and teachers are better at handling these situations than others. Still, you and your co-parent should expect a minimum of consideration from the school.
To that end, here is a look at how schools should communicate with co-parents who have legal custody of their children.
Clear policy
You should not have to contact, say, five people to find out how to ensure both you and your co-parent receive school communications. The policy should be clear and the process smooth. You can tell your ex how to get communications, but it is his or her responsibility to enlist for this service, not yours or the school's.
School records
The school should have the names and contact information of both legal parents listed on the child's school records.
Accessibility
The school should send emails and mailings to both parents' addresses. Similarly, if the school has an online login system for parents, both parents, not just one, should have the ability to access it. Parents should equally receive information about parent-teacher conferences and, if applicable, IEP meetings. If the child uses a journal, day planner or some sort of tracker, then the parent who has the child in his or her care at the moment should have access.
3 essential tips for divorcing peacefully
Contrary to what you may believe, your divorce does not need to be nasty. While it will probably be painful and difficult at times, you and your soon-to-be ex-spouse may be able to work together to get an amicable divorce. It will be better for everyone-including your kids-to divorce as quickly and harmoniously as possible.
So how can you avoid wasting years and tons of money in a contentious divorce? Here are some guidelines for ending your marriage as smoothly as possible.
1. Surround yourself with supportive people
The feelings of rejection and loss may make you crave isolation, but this will only make things worse in the long run. Close friends, family members and a counselor can help you cope with the inevitable pain of ending your marriage. These people can help you sort through your emotions and figure out ways to handle them constructively. When you can manage your emotions, you will be able to go through your divorce more calmly.
3 tips for co-parenting during parent-teacher conferences
Parent-teacher conferences are often a joyous occasion. In addition to meeting your child's teachers and getting acquainted with their curriculum, you may learn about your kid's success in class and hear more about her or his academic strengths. You will likely emerge from the conference a proud parent, but the stress from sharing the time with your ex may put a damper on the excitement and pride you should be feeling.
It is important to develop some co-parenting strategies prior to attending the parent-teacher conference. Utilizing the following tips can help prevent tension and ensure the meeting is a productive discussion of your child's academic performance.
1. Stay focused on goals
According to Psychology Today, one of the most important tenets of successful co-parenting is staying focused on your child's wellbeing. You can do this by setting specific goals that you and your ex work on together. In the context of a parent-teacher conference, consider what you are both hoping to gain from the time you have, and stay focused on that rather than any stress you might feel.
Prenuptial agreements and your divorce
If you entered into a prenuptial agreement, you need to know how its provisions can affect the course of your divorce proceedings.
Signing a prenuptial agreement can be a good way to protect your finances in the event of a future split. While the law generally wants people to have the freedom of choosing what to agree on, there are some areas where courts are unlikely to enforce prenups.
Prenups must be in writing
First of all, in order to have legal force, a prenup must comply with Texas requirements for validity. The agreement must be in writing, although it does not have to be notarized. The parties must sign it before the marriage; marital agreements belong to a different legal area with different rules governing them.
Total financial disclosure
The parties to a prenup must completely disclose their financial situation to one another, including all assets and liabilities. If it later turns out one party withheld relevant information, the court may deem the agreement invalid.
How should I handle it if CPS knocks on my door?
Getting a visit from Child Protective Services is one of the things a parent dreads the most. Finding out that someone is questioning your parenting skills and feels as if the state needs to intervene can be a frightening, infuriating and humiliating experience. However, you are far from alone. Countless parents in Texas and elsewhere receive visits from CPS, and most cases find a resolution without having the children taken away.
Even so, this can be an uncertain time as you worry about the outcome of your case and whether you might lose your children. If you get a knock on your door and it turns out to be a social worker with CPS, stay calm and remember the following tips:
- Ask to see the social worker's warrant. You do not have to let CPS into your home without a court warrant, no matter how intimidating they are.
- You can tell the social worker you need time to get in contact with your attorney. The worker will likely schedule another visit, but this will give you time to prepare for the visit and seek legal counsel.