Divorce

64 posts

Parenting and the Right of First Refusal

Parenting and the Right of First Refusal

Parenting can be tough when you are undergoing a divorce as well as it is after a divorce. As a parent, you would want to be in a good co-parenting relationship with your ex-spouse once the divorce is finalized. You are probably aware that the toughest elements of the divorce are being felt by your child the most. Your child might understand more than what he or she lets on. It is your responsibility to deal with issues with your spouse so you can both be good parents to your child despite the divorce.   Right of First Refusal   When you are finalizing your divorce, you are probably negotiating with your soon-to-be-ex-spouse about many things concerning your family, especially child support and custody issues. You need to be aware that whatever you agree to during this period will be used as the standard of how you get on with your lives after the divorce. When the orders about your children in your Final Decree rolls out, you must know that this will be what you need to follow until your child’s 18th birthday. You and your spouse will have to concede certain issues to each other until you can […]

community property division in Texas

Splitting Community Property in Texas

Getting a divorce calls requires splitting community property – this means taking all of the community property you and your spouse own and dividing it up accordingly. Of course, you also each have your separate property which you will have to determine and announce separately in court. It’s the jointly-held property that can get a little complicated during the divorce. Who gets to decide regarding the division of your community property? Making the Decision in Splitting Community Property There are only three people who can make that decision. First, you and your spouse – if you decide to forget your ill feelings towards each other (if you have any), team up and make a rational decision about splitting community property that you own. Second, the judge in the court where you filed for divorce can make a decision in splitting community property instead of you and your spouse. You might be surprised to know that a majority of divorce cases and community property division is often wrapped up with mediation rather than a bawl in the courtroom. Mediation is the process that you and your spouse should strongly consider if you want to settle your community property issues outside of […]

arguments and marriage

Are Your Arguments Leading to a Divorce?

If your marriage is on the rocks, it’s possible that you have already considered getting a divorce at least once. In thinking about a divorce, you must have several reasons why you’re even considering it. It’s likely that there’s either you have arguments regarding trust or infidelity or money issues that would push you over the brink. If you are in the middle of such issues, it might be difficult for you and your spouse to consider any other option to save your marriage. Things might get too tough that the only thing you can think about is getting a divorce. In marriage, it is almost impossible for the couple to not ever fight. Family lawyers generally see more of these fights than any other professionals. We see married couples fighting about all sorts of things, some of which eventually lead to an unfortunate breakup that tears a once-happy family apart. Often these fights range from one spouse accusing the other of infidelity and other fights are more about the finances and some fights are even about trivial stuff like who should do the dishes. What kind of fights should you look out for if you’re looking for signs of […]

post-nuptial agreement

What a Post-Nuptial Agreement Can Do For Your Family

In case you’re wondering what a post-nuptial agreement is, it’s basically just like a pre-marital agreement. The only difference is that pre-marital ones are signed before the marriage and post-nuptial ones are signed after the wedding. Usually, the motivation between a prenup agreement and a post-nuptial agreement are not the same. In Texas, you are allowed to sign a post-nuptial agreement that includes part or all of your community property. The separation of one spouse’s income or both spouse’s income is commonly a part of such agreements as well. This means that when you sign the agreement, you agree that your spouse’s income will be his or her separate property and your income will be yours as well. Furthermore, this means that if a divorce were to occur, your spouse will not be able to claim any part of that income. If you sign a prenup or a post-nuptial agreement, the court will not try to ‘meddle’ in your affairs at the time of your divorce, if you were to divorce. Turning Separate Property Into Community Estate If you want your separate property to be a part of your community property, you can also specify this condition in your pre-nuptial […]

divorced parents in texas

A Holiday Reminder for Divorced Parents in Texas

  The holiday season may be almost over but it’s not a secret that it remains a challenge for divorced parents in Texas. Divorced parents also have to buy gifts, make and carry out plans for the holidays but it’s a period they have to deal with a little differently. To top that off, the holiday obligations all parents have to deal with can cause them to lose sight of what really counts during the holiday season. This season is still one that’s meant to be celebrated and enjoyed.   Stresses and Challenges of Divorced Parents in Texas   If you are a divorced parent, you must be already well-versed regarding the challenges and the struggles this holiday season brings. For sure you have your own holiday plans, and your spouse also has his or her own plans. Both of your expectations could be different, which poses as a potential risk for disappointments on either side during the holidays. Even if things go well between you and your ex-spouse for the rest of the year in terms of co-parenting, it is the holiday season at the end of the year that will really test your civility towards each other. There […]

christmas after your divorce

How To Prepare for Christmas After Your Divorce

The biggest holiday season of the year is approaching and for those who had just been divorced, the prospect of spending Christmas after your divorce can be daunting. Christmas is an event that is usually spent with family. The first Christmas after your divorce could be the toughest, since you could feel at a loss in the midst of the festivities. You should expect things to be different. In the past, you might have spent the holiday season from beginning to end with your kids, but now you will have to share the kids with your spouse, and it’s highly likely that you will spend the holidays separately. Of course, you will still be able to create and share priceless memories with your children at Christmas after your divorce but it will never be like the previous years again. It’s not something to be bitter about though. You should also consider your ex-spouse, who would also want to create new Christmas memories with your children in his or her own way.   Christmas Visitation After a Divorce in Texas If your final divorce decree was made in a Texas court, surely, one parent would have been awarded the right concerning […]

DUI and conservatorship

Does a DUI Affect Custody?

Before your attorney can answer any of your conservatorship questions, you will first need to provide information about you, your marriage and your family. First, there’s the basics. This includes your name, address and basically every significant information about you. You will also need to provide names, ages and other information about your children and your soon-to-be ex-spouse. The reason why you need to provide these to your attorney is simple: without this vital information, your attorney and the staff of the law firm won’t be able to prepare anything for your case. Or they could prepare for your case, but you can’t expect them to be able to do any proper preparation without this information. It’s like going to war. Your legal team can go to war, yes, but without ammunition. Your attorney may also ask about any dark secrets you make have. The worst time for the skeletons in your closet to come out and haunt you is when you are fighting for conservatorship during your divorce. Your spouse is probably the person who knows you the most. If there is anything he or she can use against you in court, it’s best to let your attorney know […]

parenting after your divorce

A Comprehensive Guide to Parenting After Your Divorce

Parenting after your divorce can undoubtedly be stressful. There are changes that you’ve never dreamed you’d ever have to deal with but now you are expected to deal with them one by one. Life after divorce without kids is difficult enough but the adjustments you’d have to face when you have kids is even worse. You will have to help the kids cope with the changes while fighting to cope yourself. Your rights, duties, and responsibilities will undergo a massive change. It’s natural for a parent to be somewhat afraid and worried about what life may hold after your divorce. Parenting after your divorce requires a lot of courage, determination, and patience. It will also require you to cooperate with your ex-spouse even when you don’t want to face him or her ever again. Basically, parenting after your divorce requires you to deal with conservatorship, child support, adjusting to the changes in your rights and duties as parents, and dealing with your child’s school. There’s a possibility that your child will have to change schools or deal with the changes while staying at the same school. There’s also a chance that you will have to deal with CPS if you’re […]

prepare and complete divorce successfully

How To Prepare for and Complete Your Divorce Successfully

It takes a lot of preparation and information if you want to divorce successfully. We have previously discussed many times the preparation and the possible issues you should prepare for when you deal with a divorce. If you want to complete a divorce successfully, you also need to absorb a lot of useful information in case you need it sometime later. You can read through this article for our complete guide. We have also included links to detailed articles for your reference. First, you need to find a good lawyer who can be on your side and who would fight for you until you complete your divorce successfully. You also need to familiarize yourself with the issues that might arise during the divorce so that you can make ample preparations. 1. Finding the right Attorney Finding the right attorney is all about knowing what qualifications you should look for. You also need to have a budget of up to how much you’re willing to pay so that you can look for an attorney whose fees are within your means. Make sure not to hire someone just because of money though. If they’re too cheap or too expensive, it won’t do […]

factors of divorce

Divorce Components

The different components of a divorce are worth thinking about individually. Sometimes it is easier to break a big issue down to the individual components, because trying to handle it all at once is too much. In everything that you face in life, proper evaluation is necessary so that you can prepare and react appropriately. Sometimes, it is easy to conclude that a certain thing is impossible to accomplish or conquer when you are just evaluating it from one aspect. However, viewing it from different sides and studying each factor would make you realize that it’s not impossible to deal with it successfully. In fact, it is much easier to handle a gigantic thing when you deal with it one little piece of it at a time. This can also be your mindset towards divorce. Now you are probably wondering what are the smaller factors that constitute this huge, intimidating thing called divorce. You might have heard about many different factors of divorce from your friends, but not all of those apply to you because each situation is different. There are a few of it that applies to almost all divorce cases though. Check out these relevant factors of divorce […]