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San Antonio Family Law Blog

Money issues that often end marriages

money-issues-that-often-end-marriages.jpgFinancial issues are some of the most common reasons modern marriages fall apart. Some financial issues, in particular, are often more damaging than others. Money issues are so common within modern marriages, in fact, that CNBC reports that more than 35% of people cite financial troubles as their biggest marital problem.

Just what types of financial issues are most likely to lead to strife within a marriage?

Why you need a prenup even if you don't own anything

The best time to talk about a prenuptial agreement is, quite frankly, when you have no intention of needing one. It can be difficult, however, to see the point of a prenup when you're young, broke and running mostly on dreams.

It's those dreams you need to protect.

Make custody mediation work for you

make-custody-mediation-work-for-you.jpgAre you nervously anticipating your first mediation session over your child custody issues? You aren't alone. Most parents who are going through a divorce feel the same anxiety when they're trying to settle such an important issue.

Well, take heart: You're already on the right path to a peaceful compromise with your soon-to-be ex-spouse over the kids because you've chosen to try mediation. While mediation isn't always successful, the willingness to negotiate is always a positive sign.

3 important things to know about child custody in Texas

child-custody-in-texas.jpgChild custody rules differ somewhat from state to state, and the rules in Texas are somewhat unique. If you're approaching a custody battle with your child's other parent, it helps to understand the language and process used to determine custody in this state.

Here are the answers to some of the most common questions we hear about custody:

How do you change your name after a divorce?

how-do-you-change-your-name-after-a-divorce.jpgIf you've been married for a while and you assumed your spouse's last name after marriage, you may wonder how you can change your name to reflect your divorce.

You do have options -- but you should also consider all of the angles before you start. Here's what you need to know:

Texas man in trouble for falsifying divorce papers

Texas-man-in-trouble-for-falsifying-papers.jpgGiven the availability of no-fault divorce, there's really no reason to stay stuck in an unhappy marriage. However, you still have to follow all the correct procedures and steps if you want the court to grant you a divorce. Otherwise, you may find yourself facing serious criminal charges.

That's the position that a 51-year-old Houston man is in after he forged his wife's signature and the signature of a notary on his divorce petition, making it appear that his wife consented to all the terms of the divorce. Based on those papers, a family court judge was tricked into granting the uncontested divorce.

Financial considerations to make during divorce

Financial-considerations-to-make-during-divorce.jpg

Divorce is an intricate process, especially for couples with massive financial holdings. The wife of the former lieutenant governor of Texas recently sued her former husband due to an alleged unpaid divorce settlement. 

Even if you have nothing like that in your own divorce proceedings, you still have to watch out for some financial aspects. You do not want to get out of marriage on an unstable financial footing, so you need to consider these fiscal issues before finalizing anything. 

Could your parenting improve after divorce?

Could-your-parenting-improve-after-divorce.jpgIt's entirely natural to worry about how your divorce might affect your relationship with your children. Are you worried that not being with your children every day ultimately means that you'll grow apart? Isn't that what always happens?

No, not really. In fact, many people become better parents after their divorce -- even though they were already good parents before! Here's why you might find it easier to parent after your divorce:

Can you end child support if the child isn't yours?

end-child-support.jpgHowever it happened, you've come to suspect that the child you're financially supporting through court-ordered payments isn't biologically related to you. Is it possible to end your support payments -- or are you simply stuck?

Texas does sometimes allow a man to petition the court to terminate the parent-child relationship if their biological tie is questionable. It's important to understand, however, that mistaken paternity claims are not always simple cases -- even if you turn out not to be the child's biological father.

How do community property and separate property differ?

Community-Property.jpgTexas is what is known as a "community property state." In short, that means that most assets that you acquire following your marriage belong equally to you and your spouse. Assets you acquired prior to the marriage is usually considered separate property and not subject to division in divorce.

Of course, there are always exceptions and that rule may not be as simple as it seems. For example, consider this situation:

Accolades & Achievements

Brandon, Karen, Michael, Megan and Laura Are Proud To Have Achieved The Following Legal Accolades for Exemplary Legal Service.

*Karen Marvel was recognized in Texas Monthly in 2008-2019 as a Texas Super Lawyer by Texas Super Lawyers (a Thomson Reuters service)

**Karen Marvel is Board Certified in Family Law by the Texas Board of Legal Specialization