Posted on August 24, 2016 in Divorce

If late spring and early summer are a never-ending parade of weddings, interestingly "wedding season" seems to be sandwiched between two different divorce seasons. Divorce filings hit their peaks in March and August every year.

According to the American Sociological Association (ASA), couples who are on the outs seem to want to tough it out during the holiday season, even though most couples fight about money during that time.

You undoubtedly know that the holidays can be a really tense time, on account of all the spending and travel: buying holiday gifts, paying for plane tickets, massive credit card bills in January, and holiday parties. If you have strained relationships with your in-laws, those obligatory trips on Thanksgiving and Christmas may only add fuel to the fire.

Waiting until March to file for divorce makes sense, said the researchers, because people are still usually rebounding from holiday spending in February, and it's emotionally difficult to shoulder the thought of divorce around Valentine's Day.

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 Posted on July 13, 2016 in Divorce

Divorce automatically delivers a new life full of changes and unknown variables that need to be worked out. For many parents, they must entirely rethink the way they parent and how they will care for their children.

One major variable here is the cost of childcare - particularly if one parent must now return to work. Daycare is expensive. It is a lot for one person to bankroll on their own. Many people assume that child support payments factor in this expense and will cover it.

The standardized formula for determining child support, however, does not factor in the cost of daycare, generally. In some cases, the court will address the expense in its divorce decree, mandating that both parents pay a certain percentage of the bill.

If the court does not directly provide instructions here, however, it is important that you and your spouse determine exactly how child care will be covered between the two of you following the divorce.

Child support payments do not cover various other expenses, including extracurricular activities and certain medical expenses. You need to have conversations before the divorce is finalized regarding exactly how these expenses will be divided between the two of you. If your spouse seems unwilling to share in these costs, your attorney should be prepared to advocate on your behalf to have directions for these expenses included in the final divorce decree.

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 Posted on June 01, 2016 in Divorce

As a grandparent, looking out for the best interests of your grandchild or grandchildren is not always easy, especially when the traditional family structure falls apart. If your family has suboptimal circumstances that you believe negatively impact your grandchildren, there are steps you can take. While your legal rights may be diminished when compared to biological parents, you are not completely without options.

What are my rights?

The first step to providing a stable environment is to understand your rights. In Roxel v. Granvill, the Supreme Court ruled that grandparents do not have a constitutional right to visit their grandchildren. This means that your visitation or custody rights are not federally protected. Instead, laws about visitation vary by state. In Texas, there are laws in place that create a clear avenue to file for visitation rights or custody of grandchildren.

How can I exercise my visitation rights?

If the child's biological parents are denying you visitation, then you will likely have to pursue legal action. You can file under Chapter 156 of the Texas Family Code if one or more of the following conditions exist:

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 Posted on March 14, 2016 in Divorce

Whether you've been married for a few years or for several decades, property division may be the most complex aspect of your divorce, especially if you've accumulated significant wealth.

For many people, property division at divorce forms the foundation of their financial lives for many years to come.

Fair and realistic property valuation is crucial to obtaining a fair divorce settlement.

In Texas the assets and debts acquired during the marriage are presumed to be community property, which is divisible between the spouses. In addition to the house, vehicles and bank accounts, community property may include complex assets such as your business, stocks and bonds, international asset holdings, intellectual property, retirement savings, and more.

While Texas law calls for a "just and right" division of community property, a 50/50 split is not always a foregone conclusion. In fact, an even split would be inappropriate in many situations, and a comprehensive valuation of assets is needed to achieve a settlement that is truly fair.

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 Posted on January 06, 2016 in Divorce

In contrast with older generations, many Americans these days are waiting until their 30s or even later to get married. The story is different, though, with military members.

Consider these statistics from the U.S. Department of Defense Demographics Report:

• Of all active-duty service members, about 43 percent are aged 25 or younger.
• About 23 percent are between the ages of 26 and 30.
• And slightly more than 56 percent of active-duty members are married.

Out of all the military branches, the Army has the highest percentage of married service members — at nearly 60 percent.

So why do service members tend to get married young?

There is no easy answer to that question, of course.

In the United States, we generally assume that people get married for love, but it's also true that love isn't the only factor that guides people into matrimony. Security; tax, health and estate benefits; economic gain; family pressure; the desire for children and a family legacy; impatience — these can all play separate parts in a couple's decision to marry.

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 Posted on November 02, 2015 in Divorce

While Texas law is fairly broad when it comes to who can adopt a child, the many issues related to adoption are often complex, and there are procedural requirements that must be met in order to finalize the adoption.

Here are some things you may not know about the rules for adoption in Texas.

1. Generally, if the child is age 12 or older, then the child must consent to the adoption.

While this is the general rule, there are exceptions. If the court determines that the adoption would be in the child's best interest, but the child does not consent in writing or in court, then the court may waive the consent requirement for the child.

The child's consent to adoption is not required for children younger than 12.

2. If the person petitioning for adoption is married, then both spouses are required to join the petition in order for the adoption to move forward.

This rule also applies to the child's biological parent who is currently married to the person petitioning for adoption. Once the child's parent joins the petition, no further consent from that parent is needed.

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 Posted on October 19, 2015 in Divorce

Whether it's where you live or where your child or ex-spouse lives, place of residency is an important issue in divorce and child custody cases.

In fact, before a married couple can get divorced in Texas, at least one of the spouses must have lived in the state for the past six months. The same spouse must also have resided for the preceding 90 days in the county where the divorce petition was filed.

Important to note: a nonresident spouse can still file for divorce in Texas if the other spouse meets the residency requirements.

What about post-divorce relocation with children? Is it difficult or easy in Texas?

Parents with legal custody of their kids may want to relocate with them for a variety of reasons. In Texas, though, courts tightly restrict the rights of parents who want to relocate with their kids.

In general, Texas courts assume two things from the outset in child custody cases: that a child has the right to see both parents, and that both parents have the right to see their child. You can also expect the court to prioritize the child's best interests above all other concerns.

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 Posted on August 06, 2015 in Divorce

How your marital property is divided at divorce will affect your financial future for years to come. If you or your spouse owns a business in Texas, then the division of community property may be particularly complex. Following are three things to do if your divorce involves a business.

1. Obtain an accurate and comprehensive valuation.

Not fully accounting for the health of your business and its ability to provide future income can have a detrimental impact on your divorce settlement. The valuation of a business should account not only for tangible assets and debts, but also for the intangible value of the business' reputation and brand.

What you don't want is an inaccurate or short-sighted appraisal. This could prove costly for both parties, especially if you find yourself in a property-related dispute that requires resolution in court.

2. Consider the tax liability.

Often the tax implications are not immediately clear when dividing business assets and liabilities between divorcing spouses.

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