Yearly Archives: 2019


money
Money can easily cause arguments that can critically affect marriages. A lot of relationship conflicts involve financial problems. It is no surprise that this is one of the most prominent causes of divorce. A couple should have a serious conversation regarding finances. Establish goals, hard lines, and spending habits in order to make necessary adjustments throughout the relationship. Like in every other aspect of a relationship, communication is really the key. If particularly communicating about money can be a challenge, get help from a financial adviser. The factors below are some of the usual causes of financial problems within a marriage, among others. 1. Individuality When both spouses have a career of their own, it means they have their own earnings. This also entails busy schedules that can hinder them from having the time to talk about their finances. The easiest way for them to go is to split the bills in half or divide them in a proportionate and equitable way. Once all the bills are paid, each spouse can do whatever they want with the money they have left. This sounds like a perfect plan, however, the implication of this method often paves the way for resentment to build up over the individual expenditure made as time passes by. No communication is present so conflict on plans regarding buying properties or retirement is highly possible. This process can also lead to dishonesty or financial infidelity which is a relationship-ruining behavior as one spouse would end up hiding money from the other. 2. Liabilities From car loans to house loans; shopping spree and gambling habits— these are different types of baggage and financial baggage is definitely one of them. If one spouse has more financial liabilities than the other, or if one spouse is free from any financial obligation, this […]

Marriage and Money   Recently updated !


millennials
The divorce rate in the United States is actually dropping. The trend for divorce for the past decades was continually rising. Most people thought the millennials would be more impulsive. Many think the decline of old-school values would lead to more marriages ending in a break-up. But instead, the millennials have gone the other direction. From 2008 to 2016, the divorce rate declined by 18%, and the trend is likely to continue. Why are Millennials more committed nowadays? A More Careful Approach While it is a positive development, the reason behind the drop in the divorce rate is not due to a return to traditional values. These are due to increased awareness and lessons learned—a deeper understanding of what marriage is and the far-reaching consequences of divorce. Along with the decline of divorce, there was also a rise in the marrying age. The millennials are taking a more cautious approach towards marriage. They now have personal goals and they have set certain milestones that they want to reach even before they think about marriage.  Most millennials want to have financial stability before they marry, and it is likely because they understand marriage more. While this may sound cynical to some, this generation’s knowledge about the demands of marriage has led to their decision to delay it. Many of the millennials have experienced the divorce of their parents, and they have realized that even if their parents had a genuine love for each other, the financial demands of raising a family took its toll on the relationship.  Hesitating to Commit The trials of marriage are not limited to the financial aspect, as even the affluent have high divorce rates. Despite the slowly rising trend of open marriages and other mutual agreements, the notion of marriage being a lifetime, exclusive commitment still […]

Committed, Cautious Millennials Lower US Divorce Rate   Recently updated !



abandoned spouse
Two Types of Divorce in Texas The majority of divorce cases are “no-fault” divorces. In a no-fault divorce, the two parties simply have “irreconcilable differences” or could not get along. The other type of divorce is “fault-based” divorce, which means there is a shortcoming on one party or has aggrieved the other party, based on legal grounds. One example of those legal grounds is abandonment.  Definition of Abandonment in Texas Law Abandonment is being left alone to take care of the home and fulfill all parental duties of the child. Texas law has two conditions to constitute abandonment. First, the spouse must have been absent for a continuous period of one year. Second, the spouse made a willing and intentional decision to leave. This leaves off missing persons, or victims of abduction or kidnapping.  This ground of abandonment can be proven in court by presenting testimonies, documents, or letters. Abandonment Affects Child Custody The abandoned parent ends up having added responsibilities. He/she has to deal with the children’s needs: emotional, physical, mental and financial- alone. The main issue is the conservatorship of the children in a divorce on the grounds of abandonment. Conservatorship deals with the fulfillment of the duties and responsibilities of the children as opposed to possession. The parent charged with abandonment will usually lose custody. Abandonment Affects a Spouse’s Share in the Community Property The State of Texas upholds the concept of community property. Both spouses have an equal share of all property acquired during the marriage in a community property regime. However, in cases of abandonment, the court may deviate from the 50/50 arrangement. The innocent parent will naturally have a bigger share because of having custody of the child.

Divorce Due to Abandonment   Recently updated !


mortgage
When you’re going through a divorce proceeding, the last thing you need is misinformation. You have to be aware of all the terms of conditions that are being discussed. It could dictate the quality of your life in the foreseeable future.  The legal terminologies that are being thrown around should be clarified by your lawyer. You need to make sure that you fully understand any agreement that you sign on to. In the tedious process of dividing the property, it is important to learn every slight detail. Mortgage Deed Vs. Property Title For most couples, the family home is the most significant piece of property. Because of this, it is the most complicated to divide. It is important to know the difference between a mortgage deed and a property title; this will have implications on the division. A mortgage refers to a loan agreement wherein the debtor uses the title of his property to secure a loan from the bank of another creditor. In this arrangement, the transfer of title is void once the loan is paid in full.  The mortgage deed is evidence of ownership of a property that is under mortgage terms. If one spouse wants to obtain true ownership of their marital home, they can execute a “quit claim” deed. This deed will relinquish the ownership of rights of one ex-spouse making the other spouse the sole owner, but it will still not take away the obligation of either spouse in terms of their loan agreement. In this case, the mortgage is still named to both spouses. The only way for a spouse to be eliminated from the ownership of the house is for the other spouse to execute a buyout of the rights.  True Value It is always good practice to determine the actual or current […]

Understanding the Difference of a Mortgage Deed from a Property Title of a Marital Home   Recently updated !



emotional maturity
Emotional maturity is needed to maintain the minimum level of civility and respect for co-parenting. Going through something as difficult as divorce can be an emotional rollercoaster ride. A lot of good and bad things will be rehashed during the divorce that can cause immaturity of both parties. The parties should keep in mind that they are two consenting and mature adults when they married. It should follow that they be the same two consenting and mature adults in the divorce proceedings.  Emotional maturity varies from person to person. Each and every one of us has a different perspective of what maturity should be.  However, the following are essential things in a divorce process: Be accountable for your own thoughts, words, and actions.  Whatever you do or say matters in this situation. Emotions are all over the place and everyone is a bit more sensitive than normal. That is why it is important to be mindful and considerate. The results of hurtful and negative actions and words are not easily shrugged off even after years’ time. Own up to your points and faults in the marriage and divorce. Every situation is a two-way street. Both parties have their own points and faults. It takes two to tango so there should be no room for playing the blame game or playing the victim. It is important to acknowledge the positive and negative things you have contributed to the relationship. Own all of it.  Stop dwelling on negative thoughts and emotions.  Emotions are fleeting and they can be controlled by our own thoughts. How we deal with our emotions is up to us so challenging your thoughts to achieve the emotion you want to feel should be a practice. If things get heavier than it should be, get help, if necessary. Don’t […]

How to Deal With the Emotional Components of Divorce   Recently updated !


Knowing What’s In Your Child’s Best Interests
Your child’s best interests will always be a key point in your divorce and child custody cases. As you are well aware, your child feels the impact of the divorce even more than you do. It’s really a sad reality that you have to accept and deal with properly. You and your spouse can have some control over the circumstances that affect your divorce, but your child is completely helpless. It is quite common for children to feel confused and misplaced when their parents are undergoing a divorce. As a parent, you obviously would want to protect your children. The divorce probably happened because you want to protect your children from your spouse’s wrongdoings or abusive behavior. Knowing what’s in your child’s best interests would definitely help in ensuring that they can have a normal life during and after the divorce. The conflicts and the many issues that you will have to deal with throughout the duration of your divorce could take its toll on you. You might lose sight of the fact that your children are your priority. You could be blinded by things that you will fail to recognize what’s in your child’s best interests. How can you play your divorce according to your child’s best interests? 1. Avoid the Courthouse It might come as a surprise to many that a lot of divorce cases don’t get into the courtroom. Contrary to what movies and television depict, most divorces actually end in settlement, hence, there’s no need to pay a visit to the judge. The only problem with this option is that you might find it difficult to deal with your spouse when you are still at the peak of your anger. If your spouse has terribly wronged you, it can be quite uncomfortable to work together to […]

Focusing on Your Child’s Best Interests   Recently updated !



child support
Managing your expenses can be a little complicated sometimes. There are bills that need to be paid. If you are divorced and don’t have custody over your child, there’s also the matter of paying for child support. Managing all those expenses will take a lot of responsibility and careful planning. But what happens if you end up not paying for child support? What happens then? Wage Garnishment Just like your bills, child support is one of those things that must be paid. If you end up being behind on your child support payments, then at some point, your wages will end up getting garnished. Getting your wages garnished means a portion of your salary will be deducted in order to pay for your debt. In this case, the debt will be your unpaid child support. The garnishment of your wages begins when the court sends an order to your employer. The latter will be informed that your wage needs to be deducted to pay for your unpaid child support. When the court orders for your wage garnishment begins depends on the state agency handling child support. Can I Contest This? Don’t worry if there is a mix-up with your payments. You can contest your wage garnishment. If you can’t afford to pay, you can appeal to the court by sending a complete list of your expenses per month. When the court sees that your expenses are reasonable, then they can make adjustments. If you also made payments that were made but weren’t accounted for, you can also present documentation to the court to help clear things out. Of course, the basis must be reasonable. If you can’t pay because you made a huge, unnecessary expense, then the court has every right to uphold that garnishment. Managing your expenses can be […]

What Happens When You Don’t Pay Child Support   Recently updated !


mulitiple personality spouse
Marriage is one of the biggest decisions you can ever make in your entire life. It follows that it is an equally significant decision to end this marriage. The cost is tremendous, but there are situations wherein ending the union could be the only rational choice. Such is a situation if your spouse is mentally ill. When your spouse suffers from Multiple/Dissociative Personality Disorder Until recently, mental illness has not been given the attention it deserves. There are still many conditions that the fields of psychology has not yet figured out. Some of these conditions could make a person become a threat to his/her spouse and their children.  It can be threatening if your spouse exhibits the symptoms of multiple personality disorder (also called Dissociative Personality Disorder). Persons with this disorder can sometimes manifest symptoms wherein they are not aware of their own identity or current situation. Panic attacks can be expected too. If it happens often enough, can a spouse use this as grounds for divorce? Mental Illness as Grounds for Divorce Confinement to a mental institution is a “no-fault ground” for divorce. Even in this case, the confinement must last for three years. The petitioner will have to establish two things: That the disorder has reached an extent that it will no longer improve; and That even if does improve through therapy, there is a strong possibility of relapse.  To prove these states, the petitioner must secure the official diagnosis of licensed psychiatrists and therapists. The court may request other experts in the field to give a diagnosis. Cruelty as a Fault Ground In the absence of the required conditions stated above, then the petitioner can use the fault ground of cruelty. Texas law does not clearly define the notion of “cruelty”. It depends on how the case is […]

My Spouse has Multiple Personalities, Can I Divorce?