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Will I Need to Shut Down My Family Business When I Get a Divorce?
Getting a divorce can often be a difficult process, and if you are planning to separate from your spouse, you will need to be aware of the various legal and financial concerns that may affect your case. Some of the most complex and contentious issues to address will be related to your marital property. As you work to divide your assets and debts between you and your spouse, you will need to consider multiple types of financial factors in order to ensure that the decisions you make will protect your interests and allow for your ongoing success. These issues can be especially complicated if you are a business owner, and you may worry that your divorce could lead to the end of your business and significant financial difficulties. By understanding how issues related to your business may be handled during your divorce, you can take steps to negotiate agreements that will provide for your ongoing needs.
Is a Family Business a Marital Asset?
The first issue to address is whether your family business is an asset that you and your spouse own jointly or property that you own separately from your spouse. Marital property, which is also known as community property, consists of any assets or debts that either you or your spouse acquired while you were married. There are a few exceptions, such as property that was inherited by one spouse. However, if your business was founded or acquired at any time after the date of your wedding, it will generally be considered marital property. This means it will need to be considered as you divide assets and debts with your spouse.
What Is the Difference Between a Contested and an Uncontested Divorce?
Legally ending a marriage can be a complex process. After filing for divorce, there are numerous issues that will need to be addressed and resolved, and specific legal procedures will need to be followed before a family court judge will issue an order terminating the marriage. In general, there are two potential approaches that may be taken during this process, and spouses may pursue either a contested divorce or an uncontested divorce. By understanding how these approaches differ and the potential benefits and drawbacks of each option, a person can determine what they will need to do to complete their divorce successfully.
Contested Divorce
A contested divorce is one in which the spouses cannot agree on certain terms related to the end of their marriage. These disagreements may be related to issues such as child custody, property division, alimony, or any other matters that will need to be resolved before their marriage can be dissolved. When negotiations between spouses reach an impasse, they may bring these matters before a judge and ask them to make the final decisions. A divorce trial will then be held in which the spouses' attorneys will make arguments on their behalf, each side will question and cross-examine witnesses, and evidence may be presented. The judge will determine how all outstanding issues will be resolved, and they will then create a divorce judgment and terminate the marriage. A divorce trial can be very expensive, time-consuming, and emotionally draining, and it is often a last resort when all other options for resolving disputes have failed.
Do Fathers Have Rights to Child Custody in a Texas Divorce?
Getting a divorce can be a tough and emotionally exhausting process, especially for parents who are fighting over the custody of their children. Ideally, parents would be able to share the custody of their children in a nice and cordial manner. In reality, this is not always the case, and contentious disputes may arise about where children will live and how parents will make decisions for them in the years after their divorce. Unfortunately, fathers sometimes feel like they do not have the same rights as mothers when it comes to child custody. Because mothers have traditionally been responsible for child care, some people assume that they will have primary or sole custody of children after getting divorced. However, these attitudes have changed in recent years, and both fathers and mothers will need to understand how the laws address fathers' rights in divorce and family law cases.
When Can Paternity Be Challenged in Texas?
Establishing paternity can be crucial for both parents and children. A child has the right to know their biological father and get the love and support they deserve. On the other hand, the alleged father has the right to know if he is indeed the biological father and to take responsibility if he is. However, there are situations involving mistaken paternity where a man may be identified as a child's father when someone else is the child's actual biological parent. In these situations, it may be possible to challenge a presumption of paternity, a voluntary acknowledgment of paternity, or a denial of paternity by another party. If you are an alleged father in Texas, it is important to know how these issues may be handled.
Presumption of Paternity
Texas law states that a man is presumed to be a child's father if he was married to the child's mother and the child was born during the marriage. A presumption of paternity will also exist if a man was formerly married to the mother, and the child was born before the 301st day after the marriage ended. If a couple got married after a child was born, and the husband was named on the child's birth certificate or agreed to support the child, paternity may be presumed. Finally, paternity will be presumed if a man lived in the same home as a child from when the child was born until they reached the age of two and represented himself as the child's father to other people.
How Is the Dissipation of Assets Addressed in Texas Divorce Cases?
When it comes to divorce proceedings, it is essential to understand how issues related to a couple's property will be addressed. In the state of Texas, all assets and debts that a couple accumulated during their marriage are regarded as "community property," meaning that they are owned by both spouses equally. All community property will be divided between spouses during the divorce process. However, the process of dividing property can become much more complex and difficult in situations where a spouse has wasted or dissipated marital property. That is, if either spouse took actions that could reduce the value of a couple's community property, and they did so for non-marital reasons, this may be considered dissipation of assets, and it may need to be addressed during the process of dividing property.
What You Need to Know About Mediation in a Texas Divorce
Divorce can be a difficult and emotionally-charged process. If you are considering a divorce in Texas, one of the options available to you is mediation. Mediation is a form of alternative dispute resolution that can help divorcing couples reach amicable agreements without the need for a trial. In some cases, couples may be required to participate in court-ordered mediation, while in others, they may agree to use this process and work together to negotiate agreements on any outstanding issues that need to be settled in their case. By understanding how this option may be used, you can determine if it will be beneficial in your situation, and you can find the best solutions that will allow you to complete the divorce process successfully.
Social Media Clauses in Prenuptial Agreements
A prenuptial agreement, often called a “prenup” for short, is a legal document that a couple drafts and signs before they get married. The main purpose of a prenuptial agreement is to set forth directives regarding the spouses’ income and assets in the unfortunate event of divorce, separation, or death. Prenups can contain instructions about marital property and non-marital property, spousal support, inheritance rights of children from previous relationships, each spouse’s debts, and financial rights and responsibilities of both spouses during the marriage.
Making a Living Online
Some couples choose to include clauses in their prenuptial agreement that address the role of social media in a couple’s marriage. At first glance, this may seem like an unnecessary consideration. However, for many people, social media is not just a means to stay in touch with friends. For some people, social media is their job. Making a living through YouTube, TikTok, Facebook, and Instagram is more common than you may think. The “influencer market” is valued at over $16 billion dollars and many experts expect this number to grow.
3 Important Ways to Remind Your Child That Your Divorce Is Not Their Fault
When faced with the reality of divorcing parents, many children internalize the struggle between the parents. They are usually not privy to the countless closed-door disagreements and difficulties that may have existed in the marriage for years. Instead, children will often turn inward, blaming themselves for their parents’ inability to get along, and, ultimately, for the divorce. While you and your spouse may understand that it is not your child’s fault, it is your responsibility to make sure that your child comes to understand as well.
#1: Talk Openly, but Carefully
If it is at all possible, you and your spouse should talk to your child together about your impending divorce before it becomes a reality. The two of you need to make clear that the divorce is based on issues between the adults. Your child did not cause it, and your child cannot fix it. It is also important to be age-appropriate when considering what details to share with your child. For example, the challenges of raising children may have, in fact, contributed to the breakdown of your marriage. Your first-grader, however, may interpret that as being to blame by nature of his existence.
Are You Deployed and Facing a Divorce?
The highest divorce rates are among military couples compared to any other profession. At Brandon Wong & Associates, we respect the sacrifices service members make for this country and we are dedicated to protecting their rights and interests. If you are deployed in another country and have been served with a military divorce it can be emotional and overwhelming. A skilled military divorce attorney can guide you through the process and ensure that you conserve your benefits.
Qualifying for a 90-day Stay
If you are serving your country overseas, you may not know how to respond to a divorce petition - but a skilled military divorce attorney can help guide you through this difficult time and process. The Service Members Civil Relief Act allows you to apply for a 90-day stay, which places a divorce or child custody issue on hold. You would need to prove the following to qualify for a stay:
Exact Dates Matter in an LGBT+ Divorce
Same-sex marriages are fairly new in the United States and subsequently divorces among the
LGBTQ+ community are too. Same-sex couples may come across unique circumstances if they decide to get a divorce or fight for child custody. It is best to work with an experienced LGBT family law attorney to protect your rights if you are thinking about parting ways.
When Was LGBT When Marriage Legalized?
In 2015, the United States Supreme Court legalized same-sex marriages, enabling LGBT couples to enjoy the same rights and privileges as others in their marriages nationwide. The state of Texas recognized common-law marriages for LGBT couples beginning at the same time, although the reality is that many same-sex couples were already living together in Texas.
For those couples that lived together and presented themselves as spouses without actually getting married, the question becomes: When did the common-law marriage start? If the couple lived together before being allowed to get married, there is often uncertainty about the actual length of their marriage. But this date is very important because all of the property and debt acquired by either spouse since the common-law marriage began is considered community or marital property. This is a continually evolving area of law for LGBT couples, with a major case involving a longstanding common-law marriage having been decided just last year. Having a competent, experienced attorney who understands the law in this area is essential for such a case.
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
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