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San Antonio Family Law Blog

The role of discovery in your contested divorce

Nobody really wants to go through a hotly-contested divorce, but sometimes it's inevitable. If your spouse is refusing to play fair and won't work with you, sometimes the only choice you have is to move toward litigation. This is where the methods used in legal discovery become important.

Discovery is the process by which two parties engaged in a legal battle exchange information with each other. It's particularly important in divorce cases where hidden financial issues may be a factor in support or the division of assets.

When child protective services knocks on your door

child-protective.jpgThe Texas Department of Family and Protective Services (DFPS) has an obligation to investigate any report it receives about child abuse or neglect -- but that can result in incredibly stressful and terrifying experiences for innocent parents who are targeted by well-meaning (and not-so-well-meaning) neighbors and relatives.

Here are some important pieces of information that parents should keep in mind when dealing with a children's services investigation:

Being a great parent when you're on a visitation schedule

Visitation-image.jpgFor many divorced parents, the roughest adjustment that they have to make is not being with their children as much as usual. While shared parenting is becoming more of a norm, there are still many parents whose work schedules and lives make 50-50 parenting plans unattainable.

If that's your reality, it's important to make the most of your visitation time with your child. Whether you have your child only on weekends or even less, you can maintain your bonds -- and even make them stronger. Here are some suggestions:

Don't start dating until your marriage is officially over

Dating-image.jpgSince Texas is a "no-fault" divorce state, is it okay to start dating again before your divorce is final?

While it can be frustrating to sit around waiting, it's not a good idea to start dating before your marriage is officially over. You could quickly complicate what might otherwise be a relatively straightforward divorce.

Are my child's grandparents legally entitled to see my child?

Grand-parents.jpgYou have your reasons for preferring to limit or eliminate contact between your children and their grandparents, whether these grandparents are your parents or your ex's parents. However, the grandparents may be talking about going to court for the right to see your child.

Could they be able to visit your children over your objections?

Millennials embrace the prenup

Millenials-embrace-the-prenup.jpgDespite being the target of a lot of jokes, the millennial generation may be the savviest generation yet when it comes to marriage and finances.

That's because they're realistic about the possibility of divorce -- even when they're in love. According to a recent survey, more and more millennials are hedging their bets before marriage and using prenuptial agreements to protect their property and wealth in the event of a divorce.

When shouldn't you bother with mediation before divorce?

Mediation.jpgMediation is often presented as a great alternative to a litigated divorce -- and it can be! However, it does have its limitations. There are times when all the good intentions in the world aren't going to help you avoid litigation and mediation is simply a waste of money, time and effort.

So, how do you know when it's better to skip mediation altogether? These are the signs:

You can make joint custody of the kids work

Joint-custody.jpgJoint custody often sounds like a nightmare to divorcing parents. The idea of working together with your ex-spouse on anything, let alone the kids, can sound just about impossible.

These days, however, joint custody agreements are generally preferred by the courts. There's been a lot of evidence presented that shared custody is beneficial for the children -- and that's the guiding principle behind the judge's decisions in a case.

3 mistakes you shouldn't make on a prenuptial agreement

mistakes-prenup.jpgPrenuptial agreements used to be something that only the very wealthy had. However, many couples from all economic backgrounds consider them today, partially because there are so many young people who are actively engaged in operating their own businesses. They want to make certain that their romantic entanglements don't end up inadvertently destroying everything they've worked so hard to build.

Unfortunately, signing the wrong prenup can be just as bad as not signing one at all. If you're heading into a marriage that involves a prenuptial agreement, here are three things you need to consider carefully.

There is a learning curve to the co-parenting experience

Co-parenting.jpgIf divorce is in the wind, you are probably beginning to wonder how the family breakup will affect your children. It is an important issue, and you want to be prepared.

Raising your children in a post-divorce world will require a good parenting plan, but when problems pop up, do not be discouraged. Remember that there is a learning curve to the job of co-parenting.

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