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San Antonio Family Law Blog

How does a short marriage affect a divorce settlement?

Texas is one of the "community property" states, which means that marital assets belong equally to both spouses. However, when your marriage ends after just a year or two, it may not seem fair that your spouse who contributed very little to the household finances could end up with half the assets.

Fortunately, he or she probably won't.

Avoid this mistake when dividing up pensions and 401(k) plans

It's easy to make mistakes when you're going through a divorce. Frankly, there's a lot to remember and a lot of different things that have to be handled — everything from deciding what to do about the house to splitting up the furniture.

It's really important, however, that you don't lose sight of the value of any 401(k) plans or pensions for your future, as a mistake there can cost you in ways you don't anticipate.

What do you do when your teen avoids visitation?

istock-667191924.pngTeenagers are complicated people. Parents are often troubled by the sudden changes their children experience when they hit their teenage years -- particularly when a child that was once very agreeable suddenly asserts his or her independence by disagreeing with just about everything, including the visitation schedule he or she has been following for years.

If you're the parent whose visitation is being interrupted and you don't know of any obvious reason your child would suddenly want to stay away, take heart. The odds are good that you've done nothing to cause the problem. Nor should you assume that your ex-spouse has suddenly encouraged your child to stop visiting. It's most likely that your teenager is being...well, nothing more than a teenager.

Bitcoin and divorce: A nightmare for asset valuation

iStock-522477922.jpgBoth parties in a divorce are expected to completely disclose all of their assets when it comes time to divide up the marital property.

Of course, it doesn't always work that way. A lot of spouses have attempted to hide assets from their warring partners in the past -- but the internet age has made it harder to get away with that sort of thing as money trails have become vastly more traceable online.

How using social media can complicate divorce

iStock-450577939.jpgIf you are like many Americans, using social media may be something you do multiple times every day, but if you are going through a divorce, you might be wise to refrain from visiting and posting on your favorite sites. Nowadays, you need to consider the fact that virtually anything you do publicly and online can come back to haunt you, and when you are in the middle of the divorce, the stakes are especially high.

Just how can your use of social media complicate your divorce?

Going through a divorce? Put a hold on romance

iStock-828444016.jpgIf you've been in an unhappy marriage for a long time, it might be tempting to move on with someone new even before your divorce is final. After all, you probably feel like you've wasted enough time in your life already.

However, starting a new relationship right now can be a major mistake -- for several reasons:

Custody and the children of drug-addicted parents

custody-of-drug-addicted-parents.jpgA lot of people in the nation are struggling with drug addiction -- and parents aren't immune to the problem. The problem can be bad enough when only one parent suffers from an addiction. When both parents are addicted, however, other family members can be forced to seek custody of the minor children.

If you think that you may soon have to ask a court to grant you custody of a family member's children, you need to take some steps to strengthen your case. Otherwise, custody may go to someone else -- and that can compound your sense of frustration and grief.

Man convicted of perjury for lying on divorce papers

paying-attention-to-details.jpgA Texas man has been convicted of perjury after he signed his wife's name to the completed divorce paperwork and filed it. The divorce wasn't contested and the couple still had an amicable relationship, so his ex-wife is unsure why he took such an unusual step. She was perfectly willing to sign.

There are, however, a few clues to his reasons. For one thing, his social media accounts indicated that he'd already remarried -- before his divorce was actually filed and finalized. He may have been concerned that one or both wives would find out about the issue.

Does a parent's religion affect child custody decisions?

a-young-father-with-his-little-daughter-reads-the-bible.jpgEven though religious freedom is a cherished constitutional right, disputes between parents over religion can put the issue into play when it comes to a custody fight.

What generally happens is that one parent tells the court that the other parent's religious pursuits are somehow harmful to the children. At that point, the court is obligated to balance the rights of the parent against the children's interests.

Am I limited as to where I live when I have shared custody?

lets-take-this-bike-for-a-ride.jpgThe default position of courts in Texas is that both parents should be involved in their child's life to the greatest extent possible. Often, this translates to joint custody, legally called joint conservatorship in Texas.

Does that mean you are basically restricted to living out the next X years in the city where you live? For example, could you accept job offers several hours away or move across the country for a few years to take care of an ailing parent?

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