Posted on October 11, 2019 in Family Law

Are 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.

In order to make the best use of mediation over a custody issue, here’s what you should remember:

1. Focus on what’s best for your child

If your child is very young, you can’t really ask his or her opinion on things, but older children often need to feel like they have some say in their future. Talk to your child in a neutral fashion about the possible visitation schedules or any changes you anticipate to their routine and get their take on what they would like to see.

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 Posted on October 04, 2019 in Child Custody

Child 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:

1. What is a parent with custody called?

In Texas, someone with legal custody of a child is called that child’s managing conservator. Conservators may act alone or hold the position jointly with another person.

2. What does a child’s managing conservator do?

Typically, managing conservators make the decisions that are most important to the child’s well-being and future, including:

• Where the child will live

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 Posted on September 26, 2019 in Divorce

If 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:

1. It’s easiest to have the name change added to the divorce

There are essentially two ways to have your name changed after a divorce. You can ask the court to include the order allowing your name change in the final decree of your divorce. Alternately, you can file what’s known as an Original Petition for Change of Name to have your name changed at a later point.

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 Posted on September 19, 2019 in Divorce

Given 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.

That divorce has since been vacated for fraud and Harris County police now want to bring the man in on charges of aggravated forgery. They were alerted to the incident because the man’s wife filed a complaint once she learned that she’d been divorced without either proper notice or her consent. He could face up to 10 years in prison as consequences for his actions.

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 Posted on September 17, 2019 in Firm News

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.

Retirement planning

In a marriage, both spouses plan toward retirement together. They may have a single retirement account with one spouse working and the other staying at home to raise the kids. After a divorce, those plans change. The spouse with the retirement account may have to surrender a portion of it while the spouse who stayed at home has to plan for the future accordingly. Both parties may need to look for new ways to save for life after 65.

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 Posted on September 13, 2019 in Child Custody

It’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:

1. You’re happier

Being in an unhappy marriage makes for unhappy people. Once your divorce is final, you’ll be able to reclaim your individuality and move on. As you feel happier about your life, that can positively change the dynamics of your relationship with your child.

2. Your energy isn’t being wasted

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 Posted on September 06, 2019 in Family Law

However 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.

What are some of the rules regarding termination of paternity?

To proceed with the case, you generally only have a year in which to act on the information that has caused you to question your paternity. In addition, you must:

● Not have signed an agreement stating your intent to establish paternity through adoption, in-vitro, artificial insemination or other assisted reproductive methods

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 Posted on August 28, 2019 in Family Law

Texas 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:

You own a home before you even met your spouse. You marry but never put your spouse’s name on the property. Over the years, you naturally upgrade some items, do some repairs, enhance the property a little in small ways. It’s value grows over time.

Now that your divorce is imminent, is the house really still your separate property? More than likely, the money you used on repairs and upgrades came from marital funds, so the value of those upgrades could be considered community property. The increased value of the property — which occurred as the housing market expanded in your area during your marriage — could also be considered community property.

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 Posted on August 23, 2019 in Divorce

Gray divorces are often rougher than divorces for younger people. Not only has the couple involved reached an age where they likely thought their lives were going to be pretty much settled, but they may have decades invested in their marriage. Further, the financial aftereffects of the divorce can be harsh on older couples and completely derail their retirement plans.

Nonetheless, the rate of gray divorces is rising. The rate of divorce among younger people has dropped 21% in the past 25 years, but the rate for those over the age of 50 has climbed 109%. (For comparison, consider this: The rate of divorce for those in the middle — between 40 and 49 — only rose 14% in the same period.)

If you’re heading toward a gray divorce, keep in mind that Texas is a community property state. However, family court judges have some leeway to distribute assets in an unequal manner. That may be a distinct possibility in a gray divorce if one spouse gave up a career in order to care for the family home and children or has a disability that prevents them from working. This may also happen if you only have one retirement account between you and you focused on building that fund up because you always thought you would share the proceeds.

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 Posted on August 21, 2019 in Firm News

Perhaps you and your spouse are facing divorce after decades of married life. You are in your 50s or 60s now and may not have thought about the many ways this will affect your future.

To begin with, a “gray divorce,” as it is sometimes called, will impact the plans you had for retirement. There will not be as much money to live on as you had hoped, and there are also other concerns.

Dividing assets

Although Texas is a community property state, it follows equitable distribution in terms of divorce. You can expect a fair division of your marital assets, but the divorce will greatly diminish the retirement picture you once had. You will also face tax consequences. For example, you will pay tax on the withdrawal from a 401(k). In fact, if you take an early withdrawal, that amount may be subject to penalties. Another consideration is the marital home. You may think you want to keep it in a divorce settlement, but remember that there will be upkeep to manage, and you will have to pay property taxes. Think about liquid versus illiquid assets in terms of future financial security.

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