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San Antonio Family Law Blog

What is 'Divorce Day'?

Are you ready for a divorce but not ready to upset the kids, your in-laws, your parents or even your spouse over the holidays?

If so, you aren't alone. There's something about the season that either gives people renewed hope about their marriage or makes it utterly clear that the romance is finally over.

Family issues, domestic violence led to church shooting in Texas

Domestic violence is a very real hazard when it comes time for couples to split up. The sad truth is that domestic violence can spill over from just the two people involved in the relationship into the lives of others in tragic ways.

For example, the recent shooting in a Texas church that took the lives of 26 people and inflicted injuries on another 20 people as they were praying stemmed entirely from complicated family issues.

Child custody when you are older with a younger partner

Child experts, parenting experts, many lawyers and judges agree that children generally benefit when both of their parents are involved in their lives. Of course, exceptions sometimes exist in cases of abuse and in a few other situations.

If you are an older parent, say, close to retirement age or even in retirement, with a co-parent who is significantly younger, you might wonder if your age affects your chances of gaining joint custody of your children or of getting liberal visitation. The answer is that it probably will not.

Millennials and divorce: A different generation's take

Divorce attorneys are starting to meet more clients from the Millennial generation as the older members of the generation reach the age where they find themselves married and considering divorce.

Divorce attorneys are finding that Millennials are not exactly what they expect.

Modifying child custody orders in Texas

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.

Why do so many marriages end in divorce?

Why do so many marriages end 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.
  • Difficult life events: When something terrible happens to a family such as the death of a child or a serious illness, the consequences often reach deep. Sometimes a family will come together stronger than ever in the face of tragedy while other times, the event breaks a relationship apart.
  • Addiction: Drugs, alcohol, gambling and sex: These addictions and many others take a heavy toll on marriage. For many, the only solution ends up being divorce.
  • Incompatibility: This may seem like a petty reason, but it makes sense when you look at it realistically. For example, when one spouse desperately wants to have children but the other is dead set against kids, the marriage may be headed for divorce.

Do family law attorneys recommend postnuptial agreements?

Do family law attorneys recommend postnuptial agreements?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.

As a minor, can I divorce my parents in the state of Texas?

iStock-583989228.pngFamily 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.

Facebook posts to avoid making during a divorce

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. 

Child custody: Making a parenting time schedule for Thanksgiving

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.
  • Alternate Each Year: With this option, parents simply take turns celebrating the holiday with the children each year. This is often ideal for parents who reside many miles apart or in separate states and can enrich the time spent with the children.

Accolades & Achievements

Karen Marvel, Brandon Wong and Michael C. de la Garza Are Proud To Have Achieved The Following Legal Accolades for Exemplary Legal Service.

*Karen Marvel was recognized in Texas Monthly in 2008-2017 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