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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 Posted on April 07, 2021 in Divorce

Take a second to think about the moment in which you and your spouse first got engaged. It was likely a time full of joy, and perhaps one of the happiest moments of your life. At this time, you probably envisioned your relationship in the future to be a story of “happily ever after,” and it’s possible that you could never have even entertained the possibility of ever falling out of love with them.

This is a treasured memory that many married couples have, but it’s often the case that this love and elation fades over time. While some couples manage to successfully transition from the honeymoon period to happy married life in the long term, others do face hurdles. If you are at a point in your marriage in which you are struggling to understand how the two of you fell in love in the first place, you may be committed to trying to make the marriage work even though you are not sure how. The following is an overview of some tips for improving an unhappy marriage.

Make an effort to spend quality time together

One of the biggest reasons why couples have problems in their marriage is because they simply don’t have time to invest in each other. If work, the children, and other commitments come before your relationship with your spouse, it’s likely that you will encounter problems at some point or another. Try tospend one hour of quality timetogether each week at least.

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 Posted on March 16, 2021 in Divorce

Divorce is a common experience, but that doesn’t mean that the average person really understands what a Texas divorce involves. In fact, divorce’s commonness has led to a proliferation of urban legends and myths surrounding the divorce process.

Some of what you hear may be accurate in another state. Other times, it may have been true years ago but has changed due to changes in the law. Some claims simply have no basis in reality whatsoever. When you understand the truth of the five myths listed below, you may feel less nervous about moving forward with a divorce.

Myth #1: You have to blame everything on your spouse

While fault-based divorces do exist, Texas does not require them. You can simply divorce because of insupportability and never level accusations against your ex, even if you have a reason like adultery to file for divorce.

Myth #2: If you leave the house, you lose the house

It is surprising how frequently people will tell others not to move out of the marital home because that means they abandon the house and won’t get it in the divorce. Even if you don’t regain possession or the right to live in the house, you will still receive your fair share of its value in the divorce proceedings.

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 Posted on March 11, 2021 in Child Custody

When you get a child support ruling during your divorce, it dictates how much you have to pay or what you should receive, depending on which side of the equation you’re on. This is usually set until the child becomes an adult and is no longer being cared for by the parents. But can you have the total modified or changed prior to that point? Or do you have to use the exact court ruling the entire time — potentially, for the next 18 years?

Child support can be modified if there is a solid reason to do so

While it is important to follow the child support guidelines that are given, that does not mean change isn’t possible. The amount of support being paid can be modified. The court just needs to see a valid reason to make that alteration.

One example is when there is a significant change to the income of the parent paying support. For instance, maybe the initial ruling was made when you had a salary of $200,000 per year. If you lose your job entirely, it’s not likely that you can make the same support payments for long. You can ask for a modification based on your lack of income or a reduction in income if you take a new job that pays less.

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