Posted on June 15, 2022 in Divorce

Alimony is a complex subject in any divorce. Few spouses want to pay it, and few spouses who receive it feel as though they are getting enough. When neither side is likely to be satisfied with the outcome of a particular issue in a divorce, it is especially important to understand the law so you know your options and have some idea of what to expect. In this blog, we will give a brief overview of the basics of alimony in Texas; keep in mind that this is not legal advice and that the best source for answers to your questions is an experienced Hurst divorce attorney. 

First Things First: What is Alimony? 

Alimony in Texas is technically known as “spousal maintenance.” The “obligee” is the person who receives spousal maintenance, and the “obligor” is the person who pays it. Spousal maintenance is money given from the obligor to the obligee after a divorce to give the obligee time to become financially self-sustaining after a marriage ends. Alimony is most common in marriages in which one spouse forfeited their career or educational potential to care for children or support their spouse’s career. Spousal support payments today tend not to last as long nor be as large as they have in the past. 

Continue Reading ››

 Posted on May 17, 2022 in Child custody

For parents who are getting divorced, figuring out how custody and visitation work in Texas can feel overwhelming. Fathers especially may worry that they will lose access to their children once the divorce is finalized. Fortunately, the trend in Texas is moving towards making it easier for both parents to exercise their parental rights equally and maintain a loving relationship with their children. If one of your goals in your Texas divorce is getting custody of your children, read on. 

How Does Child Custody Work in Texas?  

Child custody in Texas is divided into two important areas: conservatorship, or the ability to make important decisions on behalf of a child, and access and possession, or the ability to spend time with a child as their caregiver (also known as visitation). Texas usually names both parents “joint managing conservators,” meaning parents will both participate in the decision-making process no matter how possession and access are allocated. 

Continue Reading ››

 Posted on May 11, 2022 in Divorce

For many couples who are preparing for a divorce, a high conflict, contentious legal battle is the last thing that they want. You and your spouse may prefer to hire attorneys, a mediator, or both, and privately negotiate an agreement that covers things such as asset division and spousal support, in order to leave as little as possible for the court to decide for you.

This approach can be effective, especially when you have complex assets and you want a greater degree of control over negotiations. As such, you may be wondering what you can do to minimize the possibility of a judge modifying or even throwing out your carefully negotiated agreement.

Challenges to an agreement.

In Texas, if there is a challenge to a divorce agreement, the court has the sole discretion to decide whether a couple’s proposed divorce agreement is enforceable in light of the evidence presented. Out of respect for the parties’ right to contract, judges will typically approve any agreement you bring to them, unless a challenge occurs and the challenger is able to prove that the agreement is unconscionable.

Continue Reading ››

 Posted on March 09, 2022 in Divorce

While the relationship between grandparents and grandchildren is often recognized as crucial in a child’s growth and maturity, grandparents do not often enjoy a legal right of access. During a divorce, the parents often ignore the grandparents while discussing custody, visitation and the parenting plan. This results in the eradication of a loving segment of the child’s life. Fortunately, grandparents can fight to retain visitation rights during and after the divorce process concludes.

Even though the court is hesitant to grant custody rights outside of severe circumstances, the courts often find it more reasonable to grant visitation rights. These are not automatic rights, however, and the grandparent must seek to legally establish these rights. Without legal rights established, one of the divorced parents could argue against visitation on numerous grounds, including:

• Alienation in which the parent argues that the grandparent is turning the child against him or her.

Continue Reading ››

 Posted on January 11, 2022 in Divorce

You married your wife who had a young son from a previous relationship. The three of you made a family. You helped raise the boy and participated in family outings at campgrounds, amusement parks and other fun and enlightening activities.

He is your son, and you treat him that way. But after several months of pondering, you want to make it official by adopting him. Understand that not only will the family dynamic change a bit, but so will your responsibilities.

Understand your legal responsibilities

Here are some guidelines to remember when considering a stepparent adoption:

• Prepare for a significant change: This affects you, the family and, especially, the child who now has a new identity and name to go with it. Take things slowly and consider seeking family counseling to get accustomed to the adjustments.
• Embrace and understand the legal responsibilities: As the legal parent, you remain financially responsible for your child. Other areas of responsibility include housing, education, medical care and emotional needs. Remember, if you and your spouse divorce, you must pay child support.

Continue Reading ››

 Posted on October 28, 2021 in Divorce

Getting a divorce can be an uncertain time for both spouses. It can be hard to know where your kids will live, what assets you will keep, and what kind of child support and alimony agreement you will have when things are all said and done. For someone getting a divorce whose spouse provides military benefits to the family, you may be wondering if you can keep those benefits after divorce.

More than 20,000 military couples get a divorce each year, which means that thousands of people need to know what will happen to their benefits as military spouses. There is a system that determines benefits eligibility for divorcing spouses, which you can learn about here:

The 20-20-20 rule

The military has a rule that determines if you are eligible to keep your military benefits after your divorce, which people often refer to as the 20-20-20 rule. The name comes from the three factors your relationship needs to have met before your divorce.

Continue Reading ››

 Posted on August 30, 2021 in Divorce

Anytime a marriage ends in divorce, the division of marital property can prove difficult and even contentious. In a high-asset divorce, the complexity only multiplies.

If you are facing divorce in Texas and your marital estate is one of high value, some of the unique issues you may face include:

• The division of business assets: Only in rare circumstances do ex-spouses continue to operate a business together after divorce. The person who runs the business or professional practice typically takes full ownership, but the other spouse must be compensated if the business and its assets are classified as marital property. Only after conducting a full and accurate accounting of real estate, equipment, customer lists and other business property can we ensure a fair outcome.
• Investments: Stocks, bonds and other investments are subject to division upon divorce. Certain retirement holdings such as 401(k) and IRA accounts require a special court order called a Qualified Domestic Relations Order (QDRO) to facilitate the division.

Continue Reading ››

 Posted on June 17, 2021 in Divorce

After the finalization of a divorce decree, it is not uncommon for spouses to move to different states. If you obtained full custody of your children, your ex-spouse might feel resentful, and might seek opportunities to get that award modified. Can they bring an action in a court in their new state to modify your divorce decree in a way that is more favorable to them?

The UCCJEA

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a statute that 49 states – including Texas – have adopted. It governs how courts are supposed to treat custody disputes or challenges to divorce decrees between ex-spouses that live in a different state from the one where the divorce decree was originally established.

Under the UCCJEA, the court that first hands down a custody arrangement decree to a divorcing couple continues to have exclusive jurisdiction over that custody matter. Courts in other states in the nation must respect the decree and enforce it as if they themselves had passed it.

Continue Reading ››

 Posted on June 08, 2021 in Divorce

When you have children, you want the best for them. You and your spouse may no longer get along or want to be together, but that doesn’t mean that you want to hurt their relationship with your kids.

Unfortunately, not all parents feel the same way. Some will use bribery and manipulation to turn their children against the other parent. This is called parental alienation, and it may lead to parental alienation syndrome. When dealing with custody disputes, this is more common, so it’s something to watch out for.

What are the three red flags of parental alienation?

There are three pretty significant signs of parental alienation to watch out for. These may include:

• Limiting phone calls or communication when the child is with the alienating parent

Continue Reading ››

 Posted on April 08, 2021 in Divorce

Generally speaking, alimony and spousal support are paid out on a monthly basis, just like child support. The idea is that the spouse, like the child, was expecting that financial support. They made choices based on it, like leaving a job to start a family. Taking it away in a divorce can leave them destitute, and alimony helps pay the monthly bills for a time.

That said, some people will offer to pay all of the alimony at once, as a lump sum. If your ex does this — and has the money on hand to afford it — should you take it? Only you can decide, but there are some potential benefits.

Reasons to take the lump sum

You must consider the pros and cons carefully when making your decision. To that end, here are some reasons why a lump sum may be wise:

1. Getting all of the money at once means you do not have to deal with your ex on a monthly basis. It’s more of a clean break in the relationship.

Continue Reading ››