Posted on November 17, 2017 in Child Custody

Once a divorce decree is in hand, most parents in Texas are afraid to rock the boat. They have survived numerous negotiations, overcome life-changing obstacles and entered into the best possible child custody plan for their kids. However, what if something happens down the road to upset this plan? Should parents face this challenge on their own or should they seek help from the court?

We want you to know that any legal issues have their ups and their downs, including a request for child custody modifications. At the same time, seeking a modification does not mean that you and your ex are bad parents. Many things can happen that make it hard for parents to adhere to the original arrangement.

For example, if one spouse’s work schedule changes, it may make the original visitation agreement difficult — if not impossible — to maintain. One or both parents must work to care for their kids, so this could be a viable reason to seek a child custody order modification.

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 Posted on November 09, 2017 in Divorce

To many, the marriage landscape in America looks grim. Depending upon the source you use, some estimate that half of all marriages end in divorce while others believe the divorce rate is falling across the nation. Regardless, it is a fact that too many marriages fail in the U.S.

People get a divorce for many reasons, some of them unique to the couple and to the relationship. Still, a pattern does exist that helps identify the main causes of divorce in the nation and in Texas. Some of these reasons are listed below.

• Financial problems: Whether it is constant disagreements about how to spend money or simply not having enough of it, money can drive a life-changing wedge between spouses.
• Cheating: Betrayal of any kind is difficult to overcome and can wreak havoc on a relationship. Cheating physically and emotionally is a major reason couples turn to divorce.

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 Posted on November 03, 2017 in Family Law

Each family law issue is unique in several ways. They are unique because of the people involved and the nature of the problems they may be experiencing. For these reasons and others, it is always wise to speak with a lawyer before formalizing any marital agreement. With that said, the short answer to your question is yes, family law attorneys do often recommend postnuptial agreements for Texas couples experiencing marital difficulties.

You should also understand just what a postnup could do for your relationship. Often, one of the biggest areas of conflict between couples revolves around finances. A marital agreement can address this aspect of a relationship by specifying financial arrangements should divorce or separation occur.

Postnuptial agreements may also address family law matters like property division, child support and debt division. Having such a legal contract in place if divorce becomes a possibility can reduce or eliminate much of the conflict that goes hand-in-hand with ending a marriage.

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 Posted on October 26, 2017 in Family Law

Family law attorneys will nearly always tell you that preservation of the family unit is the ultimate goal. The lawyers with this firm are no exception. However, there are certain situations in which it may be in the minor’s best interests to sever the parental connection legally. This process is called emancipation and as you might imagine, it can be a complex endeavor.

The youngest age at which a minor can seek emancipation in Texas is 16 years. To become emancipated at this young age, the minor must already be living apart from his or her parents. In all other cases, children must be 17-years old in order to separate legally from their parents.

Age is not the only criteria for emancipation. Minors must also be able support themselves and manage their own affairs. Further, they will have to show the family law court system how they intend to meet this criteria. Minors must also be able to prove why emancipation from their parents is in their best interests. In other words, they have to have a valid and viable reason for requesting emancipation.

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 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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