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Recent Blog Posts

Do grandparents have a right to custody in Texas?

 Posted on February 08, 2021 in Divorce

There are times when grandparents step in and play a major role in their grandchildren’s lives. If you believe that your grandchildren are struggling in their home due to neglect or abuse, you may petition for custody. Similarly, if one parent passes away, you may seek visitation rights, so you can continue to see them regularly.

In most divorce cases, grandparent visitation rights are kept informal. It’s not typical for grandparents to be restricted from seeing their grandchildren. However, legal issues could arise in some cases. That’s why it’s smart to clarify your relationship with your grandchild and to make sure that you have the legal rights that you are entitled to receive.

Are grandparents likely to get custody of their grandchildren?

In divorce cases, it’s unlikely that grandparents will receive outright custody of their grandchildren. As long as both parents are providing for them, grandparents may only be able to seek to establish a visitation order. To do this, you will have to show that visitation time with your grandchild is in your grandchild’s or grandchildren’s best interests.

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Co-parenting disputes: Your options and legal rights

 Posted on December 05, 2020 in Divorce

When co-parenting with an ex-spouse, there’s no shortage of challenges that will come to light. Some of them are easier to deal with than others, but all of them require some level of attention.

Should you come to find that co-parenting disputes are far more common than they should be, it’s time to take action. Here are some of the things you can do:

  • Talk to your ex-spouse: Yes, this can be a challenge, but sharing your feelings may be the best way to get back on track. Explain your concerns, talk about potential resolutions and hear them out. One conversation may be all it takes to get things back on track.
  • Review your parenting plan and visitation agreement: You’ll find a lot of information here pertaining to physical custody, legal custody, where your children will spend holidays and visitation schedules.
  • Try something new: You can’t do this without your ex, but it’s something to consider if you’re willing and able to talk things out. For example, if the current visitation schedule isn’t working for your ex, maybe you can adjust the pick-up and drop-off times by a few hours. Small changes like this can go a long way in reducing tension.

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Preparing your home for an adoption

 Posted on October 06, 2020 in Divorce

If you’re going to adopt, you need to prepare your home. On one hand, this is simply a realistic goal; you’re going to be adding a new child and you need to make sure you’re ready. On the other hand, you have to consider the home study and the legal side of getting approved for the adoption. Getting your house in order helps you work through this process.

But what do you need to do to make sure that your home is ready? A few things to keep in mind include the following:

  • Check to make sure the child has his or her own room that is large enough to satisfy the guidelines. Most standard bedrooms will work, but double-check to be sure.
  • Go over all of the systems and amenities that the room needs to have. This could include things like a working window, an egressed window if the room is in a basement, access to heat and AC, proper electrical power, and the like.

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High-asset divorce carries the risk of someone hiding assets

 Posted on August 03, 2020 in Divorce

Divorce is expensive in an of itself and can have long-lasting financial implications for the spouses. Not only will the divorcing spouses have to pay court costs, but they will generally have to divide their resources as a part of the process.

Keeping costs low is a priority for some couples, while securing a fair and reasonable outcome is of the utmost importance to others. The higher your family's overall assets and the greater the value of your marital estate, the more important accuracy and fairness become.

When you have significant, valuable assets, that wealth can be an adequate motive for your spouse to try to hide assets from you in the hope that the courts won't force them to share the value of those assets with you.

Where do people hide assets during a divorce?

Spouses will have different ways to hide assets. The less engaged you have been in the process of managing your household wealth, the easier it will be for your spouse to hide resources and assets from you.

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Preparation may be the key to a strong post-divorce future

 Posted on June 04, 2020 in Divorce

If you have made the decision to move forward with divorce, you understand there are certain changes you will experience. Regardless of your income level and how amicable you may be with your spouse, it is probable you will experience some financial disruption. There are things you can do now that will help you prepare for what is ahead, allowing you to lay the foundation for a strong post-divorce future.

The choices you make during divorce will have an impact on you for years to come. Divorce is a complex process, and it's easy to see how some may allow their emotions to drive their decision-making during this process. How you feel in the moment is not indicative of what makes the most sense long-term, and preparing for your divorce will help you keep your focus on what is most important.

What should you do?

An important step in getting ready for your divorce is to spend some time getting organized. This is a financially complex process, and both parties will have to give full financial disclosure. You will want to gather documents, make a list of marital assets and know about all of the accounts that may be marital property. This will help make the property division process smoother, and it can help you see if the other party is trying to hide assets.

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Why should you consider mediation for your divorce?

 Posted on April 09, 2020 in Divorce

Divorce is a complex and emotionally challenging process for every member of the family. Even when both spouses resolve to remain civil and work through issues together, they may not agree on everything. However, this does not necessarily mean it is inevitable they will go to court. There are ways to resolve even the most complex disputes outside of the courtroom.

Mediation is a process that allows two parties to work together on their issues and resolve disputes without litigating. If you and your spouse can discuss issues in a respectful manner and have the desire to maintain more control over your final divorce order, you may consider the benefits of mediation. Before you make any decisions regarding your divorce, it is in your interests to consider the options available to you.

Why mediate?

In addition to the benefit of avoiding court, there are many reasons why Texas couples may want to consider mediation. Some of the specific ways it can provide benefits to you and your family include the following:

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Is alimony in your future?

 Posted on February 13, 2020 in Divorce

When a marriage comes to an end, there are many things to decide, whether between the spouses or before a judge. For example, most every couple has property to divide, and many have the custody and support of children to consider. However, one of the most controversial and misunderstood issues of divorce is spousal support, also called spousal maintenance or alimony.

Spousal support is not an automatic part of a divorce order or settlement. Receiving an alimony award is a rare event because many spouses have relatively equitable incomes when they divorce. Because there may be advantages and disadvantages to receiving alimony, including understanding how it may affect your taxes, it is wise to discuss the matter thoroughly with your attorney to fully understand how it applies to you.

Are you eligible for spousal support?

Since the purpose of alimony is to provide a lower earning spouse with financial assistance to avoid struggle until he or she is self-sufficient, alimony typically has a deadline. However, in some circumstances, such as in the growing number of gray divorces, alimony may have no expiration. This allows a lower earning spouse a steady source of income, which may be especially important for spouses who are no longer able to work. Typically, a judge will weigh this and other factors including:

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Has the time come to tell your children about the divorce?

 Posted on December 20, 2019 in Divorce

Over the years, you and your family have likely had many discussions about issues that could affect the family as a whole. While some of them may have been joyous, such as planning the year's vacation, others may not have been so uplifting, such as having to talk about disciplinary action after one or more of your children broke the rules. Whatever the case, however, you have been open with your children.

Still, the idea of telling them that you and their other parent are getting a divorce may have you wanting to hold back. After all, this decision will change their lives, and you certainly do not want them to feel as if any of it was their fault. As a result, you want to tell them in the best way possible.

You know your family

Because you know your family best, you may have an idea about how each of your children will react to the news. You certainly want to be prepared for any and all reactions, so it may be helpful to have an idea of what you will say beforehand. Writing down what you want to say and practicing it could be helpful, and anticipating any questions the kids may have can also be beneficial. Of course, it will likely be best if you and the other parent can tell the kids together.

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Making sure your parenting plan will stand the test of time

 Posted on October 25, 2019 in Divorce

One of the most difficult aspects of divorce is figuring out how to make sure your children do not suffer unnecessarily. Kids often struggle when their parents make the decision to end their marriage, and like other Texas parents, you want to provide them with as much stability and security as possible. You can do this with a strong parenting plan.

You have the right to have a say over what your custody plan looks like. This issue does not have to go to court, but instead, you and the other parent can work together to craft a parenting plan that will work for your unique family. This is not always easy, and you will find it helpful to keep your eyes on what is most important – the long-term best interests of your children.

The foundation of a good parenting plan

To make any parenting plan work well, you and your spouse will have to commit to keeping the needs and interests of your children as the priority. This may be complicated because you are also going through the emotionally difficult process of ending a marriage, but you will find it helpful to keep the focus in the right place.

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Valuing art is important to property division

 Posted on August 30, 2019 in Divorce

Whether you are an artist or just have a keen eye for appreciating others' art, you understand the importance of these creative pieces. Over the years and during your marriage, you may have collected or created several pieces that could hold significant value, both to you personally and monetarily.

Now that you are going through a divorce, you may worry that the art collection or even some of your personal works of art could end up in the possession of your soon-to-be ex-spouse. Because Texas is a community property state, it is possible that your ex could end up with an equal portion of the art unless you fight for a different outcome.

What is the value of the artwork?

When it comes to valuing art, there is a bit of a subjective element to it, especially if you created the art yourself. You may have a sentimental attachment to it that you believe makes it more valuable, especially since you put your own time and effort into creating it. For other artwork, the value may depend on the career trajectory of the artist, whether the person has already become established in the art world, and the market for his or her particular work.

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