Posted on April 24, 2020 in Child Custody

When you and your child’s other parent divorce, it’s common for you to want to maintain a semblance of normalcy in their lives. If you have traditionally traveled abroad with your kids to visit family or on a school break before, then you may assume that you can continue to do so once you and your ex split up. That’s not always the case though. It could leave you at risk of losing custody and put you at risk for criminal charges if you do.

Children under 16 are generally required to have a passport to travel abroad to other countries. Both of a minor child’s parents must generally show proof of their parentage and appear in person to request a passport for their child. It is possible for a mom or dad with sole custody to apply for a passport for their child without their other parent’s prior authorization though.

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 Posted on April 12, 2020 in Firm News

Would it not seem more reasonable for you and your spouse to control the outcome of your divorce rather than submit to the decisions of a judge?

You can choose mediation, a type of alternate dispute resolution, or ADR, which is growing in popularity as an alternative to litigation.

Choosing mediation

Under Texas law, a divorcing couple must usually undergo mediation before the court will hear their case. However, in many areas of the country, couples prefer mediation as an alternative to litigation. If you want to control the outcome of your own divorce rather than submit to a judge’s decisions, you can choose mediation. There are additional benefits, including considerable savings in both time and money. Unlike litigation, which is a public process, mediation sessions take place privately behind closed doors in a setting that, as compared to court, is much more informal.

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 Posted on April 12, 2020 in Divorce

You’ve always been the responsible sort, so you purchased life insurance policies that were designed to protect you, your spouse, your kids and your business.

Now that you’re getting a divorce, however, those policies can’t be treated like an afterthought. In fact, they need to be part of your divorce negotiations from the very start. Here’s what you need to do and consider:

1. Inventory all your policies.

This means checking their face value, the current cash surrender value and the designated beneficiaries. Don’t assume that you remember them all. The details on an insurance policy’s terms can get pretty fuzzy over time. Don’t make any changes, either, until your attorney or the court says that you can. (During most divorces, early orders from the court will include a stay that legally prohibits you from making any changes to your insurance policies.)

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 Posted on April 02, 2020 in Divorce

Does money really lead to that many breakups between spouses? According to the statistics, it’s the second-most common cause of divorce in this country. (Only infidelity causes more marital splits.)

Money woes are, somewhat logically, a big problem for many couples. The bigger the pile of debt that a couple has to manage, the bigger the strain on the marriage. Aside from the stress and frustration of all that debt, couples may find their relationship fraying simply because they have to put all of their energy toward work — just to keep the bills paid. Plus, the subject of money (or debt) may become a couple’s primary topic of conversation — which doesn’t exactly keep a relationship warm.

But debt isn’t the only money trouble that a couple can face. Not talking about money concerns at all is just as destructive to a relationship as talking about money all the time. When couples don’t discuss their financial situation, debts and goals, that can lead to differences in expectations — and create a source of anxiety for one or both parties.

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 Posted on March 28, 2020 in Blog

IN THE SUPREME COURT OF TEXAS

SEVENTH EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER

ORDERED that:

1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This order is issued pursuant to Section 22.0035(b) of the Texas Government Code.
2. This Order supplements and does not replace or amend prior Emergency Orders Regarding the COVID-19 State of Disaster.
3. This order applies to and clarifies possession schedules in Suits Affecting the Parent-Child Relationship. For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the existing trial court order shall control in all instances. Possession of and access to a child shall not be affected by any shelter-in- place order or other order restricting movement issued by a governmental entity that arises from an epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemic.

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 Posted on March 27, 2020 in Divorce

You may have been considering divorce for a while now, but actually approaching your spouse about the issue can seem overwhelming — and a little scary. Most people don’t cope well with major changes and disappointments in their lives, and there’s no guarantee that your spouse will be receptive (or even aware that there’s a real problem in your marriage).

Here are the steps you can take to ease the process:

1. Be sure this is what you want. If you haven’t already seen a therapist, consider doing so before you take the next step.
2. Plan what you intend to say. It’s not over-the-top to write out your thoughts. Doing so can help you clarify your feelings and decide what you should and shouldn’t say in this early conversation.
3. Start by addressing your mutual dissatisfaction with your relationship. The odds are very high that your spouse isn’t totally happy, either. You need to frame divorce as a healthy alternative to staying in a destructive and unpleasant relationship.

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 Posted on March 22, 2020 in Blog

Second Emergency Order Regarding the COVID-19 State of Disaster

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 Posted on March 20, 2020 in Child Custody

The COVID-19 virus has developed into a national emergency unlike anything the nation has experienced in generations, and it’s upending the normal way of life for almost everyone.

It’s also causing some unexpected problems for divorced parents — specifically, those whose children were away with their other parent during spring break. Now that spring break has been extended beyond the usual week-long duration and could go on indefinitely, some parents are unsure about what’s supposed to happen next. The parent with primary physical custody usually wants the child returned at the expected time — regardless of the extenuating circumstances related to the virus.

Not all of the parents who have custody of their children for spring break are willing to be compliant. Some may try to rely on the technicality that “spring break was extended” to extend their parenting time — either out of genuine desire to have more time with their kids or out of a desire to simply frustrate and upset the other parent.

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 Posted on March 13, 2020 in Family Law

You and your spouse are happy together and your marriage seems solid. So, why should you consider a prenuptial agreement essential just because you’ve decided to follow your entrepreneurial dreams or your spouse is starting their own business?

It all comes down to security — both the financial and emotional kind. When a married individual starts their own business, there are dangers to both spouses.

For example, imagine that your spouse has always wanted to follow their dreams and run a bar. A local watering hole comes up for sale, and your spouse wants to take the plunge. However, that means taking out a massive loan and other debts in order to buy out the current owners and do some renovations.

If your marriage does become strained down the line, you could end up saddled with a lot of debt. A postnup can assign those debts to your spouse and help you remain secure that you won’t be facing a mountain of bills after a divorce.

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 Posted on March 11, 2020 in Firm News

Many divorcing couples over the age of 50 face a financial future cobbled together from a retirement nest egg split in half.

However, those who sign a postnuptial agreement will likely enter the next chapter of their lives with less stress and more security.

The postnuptial agreement explained

The postnuptial agreement is similar in content to the prenuptial agreement, except that the couple signs it after the marriage takes place rather than before. Often, the reason for creating a postnup is that a sudden change in finances occurs for one spouse. For example, the wife may become a best-selling author, or the husband may put a new product on the market that becomes a must for every dog owner. Because income for the suddenly solvent spouse is likely to soar, creating a postnuptial agreement now may be prudent to limit greater financial exposure in the event of a future divorce.

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