Posted on October 20, 2021 in Family Law

Many men feel blindsided when their wives tell them they want a divorce. After all, you promised to spend the rest of your lives together, for better or worse. Realizing that she does not take that commitment as seriously as you do can be a real shock.

Rather than letting denial run the show and continuing to do nothing, there are certain steps that you can take to protect yourself if the end of your marriage is potentially on the horizon.

Listen to what she has to say

Someone asking for divorce will usually give you an explanation as to why. Understanding the logic behind the decision can help you emotionally process this unexpected change. Rather than arguing with her about the idea, you may simply need to hear her out and then consider the issue.

Take time to process

Spontaneous reactions very rarely benefit people facing massive legal changes. Don’t just pack your stuff and leave the same night she brings up the topic. Give yourself time and space to think about things so that you can take the right steps to protect yourself.

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 Posted on October 12, 2021 in Divorce

If you have a spouse who was wealthy prior to your marriage and would like to divorce them, you may find yourself in a unique position. In some ways, divorcing can be beneficial for you. You can leave a relationship that is not working for you. You have the option of fighting for a share of your marital assets, too.

At the same time, divorcing someone who is financially well-off can be difficult. They have the money to take you to court and to use the best attorneys and support that they can afford. You may not be in that same position.

What can you do to level the playing field?

If you’re divorcing someone who has the money to make your life difficult, you should carefully consider if you can negotiate with them to avoid conflict. If you rely on your spouse for an income, it’s equally important to make sure you work out your budget in advance and ask for what you need knowing your limits.

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 Posted on September 14, 2021 in Divorce

Unfortunately, some people find themselves in a situation where they feel that the other parent may leave with their children unexpectedly. They may already have frequent arguments about the custody schedule or be dealing with threats of fleeing or withholding custody.

It’s important for parents to be able to take steps to prevent a parental abduction. One of those possible steps could be to use a tracking app to see where your children are. Can you use it though? Is it legal to do so?

Location devices and your kids

It is pretty typical for kids to have location devices in today’s world. Smartphones and smartwatches have location settings and parental controls that may allow you to track your child’s location if necessary. Of course, this device has to be with them, or else it won’t be any help.

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 Posted on August 20, 2021 in Child Custody

In Texas, there is a standard possession order applying to custody cases. Right now, it is a standard order that 75% of custody will go to one parent while 25% goes to the other. This is an older rule that could be updated to reflect a more modern 50/50 split with the option to adjust it as fitting based on the parents’ situations.

Parents in Texas have been arguing to have the assumed standard possession order changed to 50/50 custody because not doing so is encouraging fighting and litigation. Parents who don’t litigate to make themselves seem like the parent who should get primary custody currently may find that they end up only getting to see their child around 25% of the time.

50/50 shared custody is the goal for many parents

Many parents want to have a 50/50 custody schedule. They also want to make sure that fathers are getting the right amount of time with their children. The attorney general’s office has admitted that only around 8% of custodial parents are men in Texas. Some believe that this places an unfair burden on women because there is an assumption that they will take over a motherly role following a divorce rather than getting equal support from their child’s father.

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 Posted on August 11, 2021 in Divorce

You and your spouse have probably set aside money for years to fund your retirement. Filing for divorce will inevitably impact those retirement savings. Some people have to spend money set aside for retirement to cover the cost of divorce.

Even those who can absorb divorce expenses without tapping into retirement savings will usually have to split retirement accounts and pensions. The community property laws in Texas give each spouse a claim to retirement savings and pension benefits accrued during the marriage.

When you file for divorce close to retirement age, you will want to be proactive about protecting your plan for retirement. Taking the two steps below will help you figure out an estimated budget for your post-divorce retirement.

Learn about your Social Security retirement benefit rights

If you and your spouse both work, you may each have Social Security retirement benefits that you can claim when you get older. However, even in households where both spouses work, it is common for one spouse to learn more or to focus on a career more than the family.

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 Posted on July 13, 2021 in Divorce

It seems like winning is often the top priority for divorcing. Different people may define “winning” in their divorce as securing certain assets or certain terms for the custody of their shared children. However, securing a “win” in either of those areas may require a massive investment of both resources and time.

The more a couple fights over their property and custody terms, the more they end up paying for divorce. These protracted battles can also often do real damage to the relationship between former spouses, which can be problematic if they have to share custody as co-parents later.

More people every year turn to collaborative divorce as a way to truly win at divorce by keeping their costs low and securing the terms that matter the most to them.

How collaborative divorce is different than litigation

In a traditional, litigated divorce, each spouse submits documents to the courts and may provide testimony about their marital circumstances. The judge has to review all of that information and then make determinations based on family circumstances, marital assets and Texas state law.

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 Posted on July 07, 2021 in Divorce

Divorce has different implications at different times in your life. In your 20s or 30s, the biggest concern will probably be negotiating custody arrangements.In your 50s, with retirement looming and your children likely close to adulthood or already out of your home, your concerns will be very different.

There are steps that you can take now to help proactively prepare for a divorce if you are over the age of 50.

Get copies of financial and tax documents

The longer you have remained married, the more marital property you will have. Before you can form a realistic idea about the fairest way to split your property, you first have to look over those assets. Knowing what you acquired and earned during the marriage is very important.

Review your retirement plans

The chances are good that you and your ex planned for a joint retirement based on your savings and shared household expenses. You will likely have to split retirement assets unless you have a pre-existing agreement about how to handle them in a divorce. Looking at what you have can give you an idea of what you need for the future.

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 Posted on June 10, 2021 in Divorce

Prenuptial agreements were once rare, but they have become common in modern marriages. Similarly, postnuptial agreements have also risen to prominence in recent years.

Like prenuptial agreements, postnuptial agreements involve spouses negotiating specific terms and committing them to a contract. However, people often address different issues, as years of marriage can give rise to multiple concerns.

People create postnuptial agreements for many reasons, like saving their marriage or avoiding a messy divorce. The goal may be to pave the way for a faster divorce in the next year or even to prevent divorce. Whatever the goal, there are certain issues that married couples often decide to address in their postnuptial agreements.

Marital misconduct

One of the most frequently-cited reasons people give for creating a postnuptial agreement is concern about their spouse’s behavior. When one spouse develops a drug addiction, empties the savings account while gambling or cheats, the other spouse is in a vulnerable position.

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 Posted on May 12, 2021 in Child Custody

When you have a teenaged child and decide to get a divorce, you’re in a unique position. Your child may be old enough to take care of themselves on their own most of the time or already be driving and working. You may have a younger teen who is capable of making decisions and making it clear what they do or do not want to do.

Teens can be particularly challenging during a divorce because they are more independent and strong-willed. Teens are more likely to hide their feelings, though, so it is still important to pay close attention to them and to make sure you’re providing them with the support that they need.

What are some ways you can help your teen adapt to divorce?

There are several ways that you can help your teen through this divorce. The first thing you can do is to talk to them about the decision to divorce. An older teen may want to know more specifics than a younger teen, but remember to keep things simple. Be clear about your decision to separate and make it clear that it has nothing to do with your child’s influence or behavior.

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 Posted on May 07, 2021 in Divorce

For many decades, it was for older adults to stay married until death do they part. Over time, divorce has become less taboo, and more people have turned to divorce at an older age.

The gray divorce revolution is a reference to the rising number of middle-aged and older adults who have turned to divorce instead of remaining with their spouse in later adulthood. While divorce rates have been declining overall, those 50 years of age and older have seen divorce rates in later life skyrocket. The rate of divorce has doubled for those over 50 and tripled for those over 65.

The gray divorce revolution is a reflection of changes in society

The gray divorce revolution is a direct reflection of the changes in today’s society. Changes like women being breadwinners and holding long-lasting careers, a positive change in the perception of working later in life and changes in how divorce is perceived on the whole has made it much easier for older couples to separate at a later age today.

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