Posted on October 26, 2017 in Blog

Many Texas couples end up divorcing. In 2013, the state saw over 179,000 divorces, which was actually less than the previous year.

People go through many emotions during a divorce, and there are temptations to post everything on Facebook and Twitter. However, spouses are better off posting too little than too much. While it is typically best to stay off social media completely during a divorce, here are some guidelines for status updates to avoid making.

Bashing the ex

It is uncouth to post insults about an ex on Facebook. Additionally, if two people have any children together, then the kids can most likely find these posts. For a child custody agreement to work, children need to maintain a certain level of respect for both parents. Although one spouse may feel the extreme urge to insult an ex, it is best to vent to friends in private rather than post it for the world to see.

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 Posted on October 20, 2017 in Child Custody

In America, Thanksgiving is one of the most popular holidays. It is also very much a family-centered holiday, which often presents a challenge to divorced families. Typically, both parents want to spend Thanksgiving with their kids and they struggle to find a mutually acceptable solution.

As with other elements of child custody, compromise is often the key in creating an acceptable holiday schedule. For parents who are able to think ahead, the Thanksgiving schedule can be addressed during their divorce proceedings. If it is too late to handle the holiday in this manner, consider one of the following child custody schedules for Thanksgiving and other holidays.

• Thanksgiving Day Split: One parent could celebrate the holiday with the children early in the day and the other parent could celebrate with them in the evening. This is also a good way to handle the weekend after Thanksgiving.
• Weekend/Thanksgiving Day Split: One parent will have the kids on Thanksgiving Day while the other parent celebrates with the children on the following weekend.

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 Posted on October 11, 2017 in Family Law

For couples who parent a child with special needs, divorce is often much different than it is for other couples. These parents face the same divorce challenges that other couples face along with many additional considerations related specifically to their special needs child. The age of the child does not matter because many people with special needs will remain dependent on others throughout their lives.

These considerations can be challenging for parents as well as family law attorneys. However, you should know that it is possible to get a divorce and meet your child’s needs as well. Divorces involving children with special needs will benefit from having a lawyer who understands the situation.

Our Texas-based law firm has personal experience with special needs children. As such, we understand how important it is to keep the best interests of the child at the forefront throughout divorce and other family law issues. Some of the challenges parents with special needs may face in divorce include the following.

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 Posted on October 06, 2017 in Divorce

Getting a divorce under any circumstances is nearly always a challenge. However, it can be even more difficult for military couples in which one spouse is deployed. Texas is home to many military couples, some of them in need of guidance when ending a marriage. This is particularly the case when the spouse currently in America has little or no local support.

While a military divorce may be difficult in terms of procedure as well as emotion, there are steps to take that can make the process at least a little easier. Approaching a divorce in an organized manner is helpful as are the steps discussed below.

• Consider pre-divorce counseling: While you are still married to a service member, you have access to a variety of military programs that may help you cope with the emotional side of divorce.
• Consult with a lawyer: This step will lay the foundation of your divorce as a good attorney can inform you about the procedures necessary for a military divorce in your state.

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 Posted on October 03, 2017 in Blog

The question of spousal maintenance, or alimony, can pose a significant concern in many Texas divorces. Higher earners worry about having to pay a large chunk of their income for the foreseeable future, while lower earners may have questions about what to expect.

Couples may sidestep litigating this issue by having an agreement in place, whether stemming from a prenuptial agreement or divorce negotiations. Unlike child support, a valid agreement can settle the question of spousal maintenance in any way the divorcing couple sees fit. When the issue of spousal maintenance comes before the court, Texas law sets forth a two-step process to determine whether one of the spouses should get maintenance, how much and for how long.

Determining eligibility

First, the court needs to see whether the requesting spouse is eligible. To meet the requirement, this spouse must lack the property to support reasonable and minimal needs after the divorce decree is final. Thus, if a spouse has a fairly low income but will receive substantial property in the course of property division, he or she will be ineligible for maintenance.

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 Posted on September 29, 2017 in Divorce

For many Texas couples, an uncontested divorce is not an option. Perhaps the two spouses cannot come to an agreement on the elements of their divorce. Other times, the couple may have extensive and complicated assets that make it difficult to go the uncontested route.

As divorce attorneys serving San Antonio residents, we usually advise our clients to choose an uncontested divorce whenever possible. This option offers many benefits including:

• Costs less than a contested divorce
• Concludes faster than contested divorces
• Reduces the conflict between spouses
• Protects the privacy of all parties

Many of our clients feel it is impossible to divorce uncontested. In our client consultations, we like to point out the benefits and encourage the spouse to talk about these benefits with the other spouse. Often, the two parties can agree to pursue an uncontested divorce when they truly understand the advantages.

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 Posted on September 21, 2017 in Family Law

One area of family law that has gotten a lot of attention in recent years is the premarital agreement, which is also known as the prenuptial agreement. The extra attention might be because celebrity weddings and divorces invariably involve a prenuptial agreement of some kind.

Many years ago, these agreements, also called prenups, were only for rich and famous folks. However, modern San Antonio couples with little or no wealth have opted to sign prenuptial agreements before they get married. If you are wondering why a couple with practically no assets might enter into a prenuptial agreement, you are not alone. The following section will list a few pros and a few cons, which can help shine a little light on the subject.

The Pros:

• Identifies what is separate property and what is marital property should divorce occur
• Reduces the potential for conflict if the couple divorces
• Identifies any special arrangements between the two spouses
• Identifies what is separate debt to prevent sharing debt liability if divorce occurs

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 Posted on September 15, 2017 in Child Custody

Texas law does things a little differently than most states when it comes to child custody. First of all, child custody is instead known as a child conservatorship. These conservatorships are generally split into two types: joint managing conservatorship (JMC) and sole managing conservatorship (SMC). These, in simple terms, refer to whether a parent is the only custodian of the child in question, or whether the other parent also is a custodian of the child jointly.

This blog will provide a brief overview into how child custody works in Texas, and what rights a person has as a conservator.

The rights of a conservator

A conservator generally has the right to have information about the child in question, whether it’s in relation to medical records, parent-teacher meetings, psychology appointments or dental records. In the same way, a conservator is also able to give consent in relation to all of these points, including emergency medical treatment.

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 Posted on September 08, 2017 in Divorce

Getting a divorce when you or your spouse serves in the armed forces can be complex. However, you can simplify the process by learning the laws surrounding a military divorce. This equips you to enter into the divorce prepared to face and overcome any obstacles that might otherwise block your path.

One of the best pieces of advice for service members and their spouses who are considering divorce is to acquire good legal representation. Doing so will remove many of the hardships typically associated with getting a divorce in the armed forces. With that said, the section below contains several additional key points of a military divorce in the state of Texas.

Jurisdiction: A common misconception shared by service members is the belief that they can divorce anywhere in the nation. Instead, a divorce must often take place in the state where the service member has legal residency. There are exceptions to this rule as described below.

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 Posted on September 02, 2017 in Blog

Sometimes you do not get as much visitation or custody as you want. In certain cases, you get supervised visitation. You know these visits can be difficult regardless of how excited you are to connect with your child. With a third party observing everything, you might feel awkward or inhibited. These visitations may also take place in unnatural settings.

However, you do not need to dread each visit. You can do some simple things to make these interactions easier and more fun for everyone involved.

1. Get creative

You do not need to just sit around and have a dull conversation with your child. Why not bring a board game to play next time? You could also bring some crafts to make. There is nothing better than food, so you could also make a fun snack with your child. These activities are simple but can provide plenty of laughter and enjoyment for you and your child.

2. Follow the schedule

If you only have supervised visitation, you need to make every second count. Adhere to your visitation schedule as best as you can. Do not cancel your visits unless there is an emergency, and try your best to be punctual every time. Show up on time or even a few minutes early to show you care.

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