Divorce

33 posts

Divorce And The Mediation Process

Divorce can be a very long process and it is full of twists and turns.  It doesn’t help that there are a variety of different ways that you can go about the process.  One step that you might encounter in the process is mediation.  In today’s article, you will learn about the process of mediation in a divorce and what it is like. What Is Divorce Mediation? In a divorce mediation, a third party is brought in to objectively help both sides of the divorce to reach a settlement.  This third party is a neutral person and is called a mediator. A mediator will work with both parties to come to an agreement in the following areas: Child Support Custody Visitation Alimony Division of Property Business Allocation What Does A Mediation Process Look Like? Each mediator will run the process slightly different.  Many mediators will want to meet with each party individually before the process begins.  This allows them to learn about the case and the party.  It helps the mediator to develop the background information they need to make the process fair. During the process the mediator will determine where you and the other party(s) agree and disagree.  Areas […]

A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]

Father

Shared Parenting After A Divorce

Shared Parenting After A Divorce Is The Healthiest Option Divorce is difficult for anyone and everyone involved in the process. Even if the divorce is amicable, that doesn’t make it easy.  Deciding what party gets custody of the children and parenting powers is difficult.  Despite being difficult, it is a decision that needs to be made. In the past, it was tradition to award only one parent parenting powers.  This parent would often be the mothers because it was believed that mothering instinct was powerful and that it was a requirement for anyone growing up.  For the most part, this notion is being dismissed as outdated and inaccurate. A more modern but still outdated approach is to assign visitation hours to a parent, most often the father.  The term visitation implies that the parent is something less than they are.  It also is demoralizing. The best approach to parenting after a divorce is to split the parenting as equally as possible.  While the best approach is to have the parenting split 50/50, the minimal amount that a parent should be with their child(children) is 35%.  This allows for a connection between the parent and the child, it also allows for […]

Divorce Gavel

Post-Divorce Proceedings And What They Can Mean

The process of a divorce is long and can be drawn out depending on whether both parties agree to terms or not.  A variety of other factors can complicate the process.  When the divorce decree is finally signed, a lot of people believe that the process is over.  This isn’t always the case. Often times divorce decrees come with terms and conditions that need to be followed such as property terms.  When one or both parties fail to comply with the decree, Texas Family Code Chapter 9 provides specific methods for dealing with such a situation. Either party can request that the Family Code be enforced.  This is done through filing a new lawsuit.  For those under a court-approved agreement, you can also file.  Chapter 9 filings do not bring with them the right to a jury trial.  Trial by a judge is the typical method of governance of such trial. The ability to file has been ruled by the courts as a result of enforcement of a prior lawsuit.  The case is not a criminal case but instead is under the Rules of Civil Procedure. In order to file for a personal property enforcement suit, one must file within […]

Managing A High-Stakes Divorce In Texas

Managing A High-Stakes Divorce In Texas

Any divorce is a complicated situation.  A lot goes on, from property management to custody.  Every decision has a lot of factors behind it that all need to be analyzed.  It is time-consuming and every day that the divorce goes on, it seems like it gets more complicated.  What do you do with a high-stakes divorce?  Read on for some guidance. Property Assignment in Texas There are two different categories that property can be assigned to.  These are: separate property (personal property) and community property.  Which category your property gets assigned to determines whether or not it will be split during the divorce or not. Personal Property In Texas Personal property is any property owner or claimed by a spouse before a marriage.  The most basic way to explain it is that it is, property that can be verified to belong only to one party in a divorce.  It can also include property that was specifically gifted to one partner or another.  Inherited property is the same way. During a divorce, personal property stays with its original owner.  That means that you don’t need to worry about whether it will be split between partners or not.  Both people in a […]

No fault divorce courtroom

No-Fault Divorces In Texas May Become Harder After New Bill

In Texas, a no-fault divorce is the default mechanism to request a divorce.  Officially by Texas law, a no-fault divorce is when there are conflicts between two parties that could not reasonably be overcome.  In reality, it is simply the type of divorce two people seek when they are looking to get out of a marriage, and serves as a mechanism to ending a marriage with the least amount of drama. It also provides an avenue for victims of abuse to leave a marriage without a burden of proving anything beyond that the marriage itself is unsustainable. State Representative Matt Krause is attempting to pass two bills in 2017.  The first bill increases the amount of time that two people must wait before a divorce is finalized.  This is in an attempt to get a couple to work out of their problems, instead of a divorce. The second bill that Rep. Matt Krause is putting forward will make it hard for all people to get a divorce.  This bill would make divorce only possible for criminal reasons such as abuse and adultery.  While Mr. Krause states he isn’t trying to deter people from getting divorces, he also says he hopes […]

Divorce and Separation

Mediation: An Ease to The Destructive Nature of Divorce

For those who are married, the perfect world would be to not get divorced.  And should you have to get divorced, that it would be a quick, easy, and pain-free process.  The reality of that is not true.  District Court Judge John Roach and Attorney Laura Roach (husband and wife team) have seen too many people get hurt through divorces, especially ones that go to court. As a solution, the two have taken on a personal mission to make the process easier for couples who are going through a divorce.  They want divorce to become an amicable process and to save marriages where they can be brought back to life. The husband and wife duo believe that the key to a good divorce is through mediation.  John uses his experience in the 296th Judicial District Court while Laura uses her time as a partner at the firm Albin Roach PLLC to work people through the process of mediation. Years have gone by and divorce cases always felt the same to the couple.  The clients would go to court and they would be fearing the worst.  Heartbreak, despair, and the fear of losing your life’s progress all weigh on a client.  […]

A Quick Guide to Divorce

Divorce, Custody, and Visitation in Texas

Divorce, Custody, and Visitation in Texas: What You Need To Know Going through a divorce is hard business.  People from all around Texas and the rest of the country would agree with you on this.  It is easier though if you know what to expect.  Hopefully this can provide some information so that you can better know what to expect from a divorce, and what you need to know about custody and visitation in Texas. Divorce in Texas Divorce is the legal separation of a marriage.  In Texas divorce is also commonly referred to as the dissolution of marriage.  There are two different types of divorce: fault divorce and no-fault divorce.  Both of these types of divorce are fairly explanatory.  A fault divorce implies that one or both parties did something that would cause them to no longer want to be together.  A no-fault divorce is when both parties mutually decide that they no longer want to be together. The process of a divorce is one that is done through the court system.  In Texas, one of the parties seeking divorce will file a petition for divorce.  Typically, both parties hire lawyers and negotiated either in a courtroom or through arbitration.  […]

Divorce Rate Plunges to New 35 Year Low

US Divorce Rate Continues to Decline In a bit of positive news, the US divorce rate has continued its steady decline over the past few years to reach a new 35 year low. Its easy to jump to conclusions in regards to this data, as there are many different contributing factors, but it is an extremely interesting data point regardless. From my own experience, lack of financial resources to even contemplate the possibility of divorce tends to be a large factor in making that leap, and I am not sure that the decline in divorces really speaks to much more than the fact that many people simply don’t have the financial resources to contemplate and go through with a divorce process right now. Especially coupled with the rapidly declining marriage rate, more people than ever seem to be making the determination that marriage is not a necessary institution, even from the perspective of raising children. I may have a somewhat biased viewpoint in this, but I deal with a large number of couples and parents on a daily basis, and the skillsets to be a good parent, and a good co-parent, are not necessarily the same skillsets to make a good […]

Texas Primary Custody

Deciphering Texas Primary Custody

Does Primary Custody Exist? Usually a misnomer due to its frequency in popular culture, “primary custody” is not an actual legal term recognized in Texas. Texas courts will typically appoint both parents as “joint managing conservators” or “JMCs” for their children, and what people commonly refer to as “primary custody” tracks most closely with the party who is granted an exlusive right to determine “primary residency” of the child. To better understand this concept, I find it helpful to think about all the different rights and duties of a parent as strands of a rope. Prior to court involvement, all those rights and duties are “together” unified with both parents. Both parents have the full complement of rights and duties at all times, and neither parent has any authority to stop the other from exercising those rights, or conversely the obligation to take any particular action in regards to the child. There are pros and cons to this situation, but the main downside, and the one that the court most specifically tries to address, is that in the event of a disagreement there is no clear way to make a decision or to break a tie. If parents are on […]