Category: Family Law

The stay-at-home parent who focuses on raising the children has, traditionally speaking, usually been the children’s mother. This is still the way that things work out most of the time, even in 2020, but the amount of stay-at-home fathers has been rising.

For instance, in 1989, the percentage of stay-at-home fathers was just 4%. In 2016, reports showed that it had risen to 7%. There was even a high of 9% recorded in 2010.

It’s clear that, even though mothers (27% in 2016) take on this role more often, fathers are beginning to embrace it. This gives many of them a unique relationship with their children that they may never have had in previous decades.

The reasons for the rise are many. In 2010, the United States was in the middle of a recession. Did the number of fathers at home spike because some had lost their jobs? Plus, over the last few generations, the role of women in the workforce has changed. Did more dads stay at home with their children now because women finally have the career opportunities that were denied to them in the past? All of these things work together and shape the way that parents of both genders interact with their children.

It’s important to acknowledge the role of fathers’ rights in cases involving child custody, divorce and the like. It cannot be assumed that fathers do not want time with their children or cannot offer the care that they need. Fathers are proving what they can. Those who go through a divorce must understand how this shapes their rights and what legal options they have.

Once you personally decide that you want to divorce your spouse, the next step is sharing your feelings with them. Even if you’re ready to get your feelings into the open, it’s easier said than done.

Since you want this conversation to go as smoothly as possible, here are some steps you can take to prepare yourself:

• Write down what you want to say: You don’t have to go into great detail or attempt to script the entire conversation. A few talking points are more than enough. This is what you need to guide the conversation and keep yourself on track.
• Get in the right frame of mind: For example, it’s critical that you’re ready to hold your ground. Your spouse may ask you to reconsider or attempt to talk you out of filing for divorce. When you’re in the right frame of mind, you won’t be talked out of taking action.
• Protect yourself: Think about what could go wrong after asking your spouse for a divorce. If you’re concerned that your spouse could become violent or verbally abusive, it’s best to have this conversation in a public place or over the phone. It’s not ideal, but your safety and well-being is your top priority.

When you take these steps, you can better prepare for the act of asking for a divorce. This doesn’t mean it’ll be quick and simple, but at least you have an idea of how you want to approach the subject.

Once you share your feelings, you can then turn all your attention to the details of the divorce process.

You got married when you were 20. You were young and in love — a fairly classic situation. However, like many young marriages, it turned out to be a mistake. A few years later, you got divorced.

You have now gotten married for a second time. You’re older. You’re more experienced. You have been through all of this. Are you now “better” at marriage and less likely to split up again?

While every individual can make an argument for their own case, when you look at the statistics, it’s clear that this is not what usually happens. According to some studies, about half of first marriages end in divorce. By second marriages, it jumps to around two-thirds. And for third marriages? At 74%, the vast majority of them lead to a divorce.

Why is this? Again, everyone may have their own reasons. Some suggest that they’re just more comfortable with divorce now, having done it once. It doesn’t feel as confusing or intimidating, and they know they can get through it and move on with a happy life. In other cases, the relationships just get too complicated. Maybe you have children from your first marriage, for instance, and so you still have to see your ex. After a time, that can lead to stress for your new spouse and it could bring about a second divorce.

No matter what your individual situation looks like, just make sure you know what your rights are. Divorce happens, you do have options, and you need to know exactly how to move forward with this process.

 

Your wedding day is inching closer and you’ve yet to discuss the creation of a prenuptial agreement with your fiance. While it’s a challenging topic to tackle, it’s the responsible thing to do.

It’s easy to make a mistake when asking for a prenuptial agreement. After all, this isn’t something with which you have a lot of experience (if you even have any).

When asking for a prenuptial agreement, here are three mistakes you want to avoid:

• Forcing your partner to cooperate: Not only will this result in bad blood, but it may invalidate the prenuptial agreement in the event of a future divorce. Don’t make your partner feel that they have to sign a prenuptial agreement. It should be something you mutually agree upon.
• Ignoring their feelings: You need to focus just as much on your partner’s feelings and concerns as your own. This is the only way for the two of you to get on the same page.
• Waiting too long: You have a lot on your plate as you prepare for your wedding. If you wait too long, you may find yourself making rash decisions that could affect you in the future. Give yourself as much time as possible to create a prenuptial agreement.

There’s a lot that goes into asking for and creating a prenuptial agreement. Once you and your partner discuss the details and have a plan for moving forward, you can get started.

You’re not required to create a prenuptial agreement before you tie the knot, but there are many benefits of doing so. It’s something you should at least consider.

When you got married in a Texas courthouse or church, you no doubt assumed you were going to spend the rest of your life with the person at your side. Fast forward 10, 20 or more years and things may not have turned out the way you’d hoped. Marriage can be difficult, and while some spouses are able to resolve their differences, others choose to go their separate ways rather than remain in an unhappy relationship.

If you have children, making a decision to divorce will greatly affect their lives. However, most family court judges in Texas believe that children fare best in such situations if they have an opportunity to spend ample time with both parents. Many parents find they have certain issues in common when they determine whether they can restore their marital relationships or are choosing to file for divorce.

Do you relate to these issues?

Your marriage and family life is unique; however, you may be able to relate to the issues included in the following list, which many spouses say were causal factors toward their own divorce:

• Constant bickering and arguing reportedly weakens many marital relationships to the point that spouses would rather sever their ties than keep living in an atmosphere full of confrontation.
• Do you feel that your spouse lacks commitment to your relationship? This is also a common factor that prompts people to file for divorce.
• It’s a fact that marital infidelity can permanently damage spousal relationships. This remains as one of the top causes of divorce in Texas and across the country.
• Have financial problems or arguments over money caused a rift between you and your spouse? Many spouses say they’d rather live alone than fight over every penny.
• Lack of preparation for marriage is another big concern for many spouses who are contemplating divorce. If you feel like you had no idea what to expect in marriage or that you did not receive the advice or guidance you may have needed, this issue might be causing problems in your relationship.
• Religious differences are also common factors in many divorces. You might not have thought it was a big deal that you and your intended spouse practiced different faiths, but you later realized it was causing more problems in your relationship than you thought it might.
• If you and your spouse are always at odds on child-related issues, you can likely relate to other parents who say this was a leading factor in their divorce.

The good news is that children are adaptable and resilient by nature. If you are headed for divorce, it pays to build a strong support network from the start. It’s less important what types of issues have led to your divorce than gathering the tools you need to help your kids cope with the situation and move on in life.

Take one step at a time

Many of the issues mentioned earlier can cause obstacles or delays toward achieving a fair and agreeable settlement. It’s critical that you know your parental rights and how to protect them. Like all good parents, you want what’s best for your children, so it’s equally important to make sure their best interests are the central focus of all proceedings.

In recent years, some experts say that parental alienation has been on the rise. Do you know what this syndrome is and how it begins? Moreover, do you know how it could impact your relationship with your child after a divorce?

Essentially, it is when one parent attempts to cause the child to reject the other parent. They turn the child against them. It is a form of manipulation that allows them to control how much the child wants to see that parent and how close they are.

For instance, the child custody agreement may say that the parents have to split custody. A father may want to harm the mother’s relationship with the child, but he knows he has to follow the court order. He can’t keep them apart. What he can do is manipulate the child so that they slowly turn against the mother and does not want to see her. This is often done by lying, exaggerating, insulting and working to make the child feel angry, withdrawn or even fearful.

This is a serious issue because children grow and develop best when they have strong relationships with both parents. This is true before and after divorce. Parental alienation harms not just that relationship, but the child’s own future. The child doesn’t understand it is happening and it can be heartbreaking for the other parent.

Has this been happening to you or are you worried that it will? Have you been unable to see your children less than your custody agreement allows? You need to know what legal steps you can take to protect your rights and your relationship with your kids.

Many married couples have at least one joint credit card. While this financial tool can benefit you in many ways, it can also result in complications should you decide to divorce.

There is no right or wrong way to manage joint credit card debt in a divorce, but there are several options to consider.

• Pay off the debt before you divorce: If you and your spouse are on speaking terms, talk to them about using money on hand to pay off all your joint credit card debt. Yes, it’s a hit to what you’ve saved, but it’s also one less thing you have to worry about in your divorce.
• Split the debt: In many cases, it’s best to split the debt down the middle. The easiest way of doing so is a balance transfer credit card. This leaves both individuals with the same amount of debt, without the other’s name on the account.
• Make sure it’s yours: Before you do anything, make sure the debt is actually tied to you. For example, if your spouse brought a large credit card balance into your marriage, and your name isn’t on the account, you may not be responsible for the debt.

When it comes to matters of debt division, you can expect some resistance during the divorce process.

Joint credit card debt is common, so make sure you have an idea of how to best manage it before, during and after your divorce.

By taking the right approach, you reduce the risk of joint credit card debt bogging down the divorce process and your future budget.

Older generations often describe younger people as impulsive, self-interested and less likely to commit to a long-term relationship. Even if that is true, recent data shows a rise in divorce rates among those older than age 50. People in that demographic may have a multitude of understandable reasons to end their marriage, but there is a key difference.

If you are over the age of 50 and thinking of divorcing here in Texas, you may want to consider just what the impact will be to your finances. Older people generally have been married for a longer period of time and thus have more assets to divide in a divorce agreement. Experts say that there are certain factors you’ll want to keep in mind as you go through the process of divorce. This way, you’ll be better prepared for potential financial impacts.

Plan for lifetime expenses

When an older person gets a divorce, it doesn’t mean he or she doesn’t have plenty of life left to live. One recent statistic found that people aged 65 could expect to live almost 20 additional years. They need to think of what kind of expenses they may need for the rest of their life. If they happen to divorce, they will likely divide their assets between themselves and their ex-spouse. That leaves the person with less money for not just living expenses but potential medical costs.

Medical and day-to-day finances aren’t the only consideration. Certain tax laws may greatly affect each person’s future finances. Some people may pay their ex directly from a retirement account, but both a 401(k) and IRA payout may incur taxes and penalties. It is a better idea to get a qualified domestic relations order for your 401(k) and to list an IRA trustee-to-trustee payment explicitly in your divorce decree.

What if you get married again?

It isn’t uncommon for people this age to remarry. However, if they do so and subsequently divorce again, that could mean an even more significant impact on the person’s finances. Even if that marriage continues for the rest of the person’s life, his or her assets may end up with the other spouse’s children from a different relationship other than their own. The best way to avoid all of that is to get a prenuptial agreement that outlines exactly how to handle finances in the event of divorce or death. 

No matter what the future may hold for you, divorce doesn’t have to destroy your finances. Working with a divorce and family law attorney can give you the confidence to work through your divorce proceedings and feel good about the future. It is yours to make, no matter your age.

Divorce can happen to anyone for any reason. Various studies say that the overall rate of divorce is on the decline. Some say this may be due to fewer people getting married, but overall, fewer couples are choosing to legally dissolve their marriages. 

However, the rate of divorce among older people, according to many of these same studies, is rising. Data from the Pew Research Center found that the divorce rate for people age 50 and older doubled in the last 30 years. Many Texas residents may struggle after their marriage ends while they try to adjust to a new set of personal finances. The struggle often comes to a head when considering their retirement savings. Fortunately, if this applies to you, experts say there are ways to minimize the impact of divorce on your retirement.

Change your day-to-day finances

If you haven’t been working, you may want to get a job. Consider your skill set, and know that you may have to start somewhere that isn’t your dream job. If you’ve been working, definitely stay at your job if you can, since it’s often the best means for getting health care. Even though COBRA is an option, it may not be the most cost-effective one.

Another point to consider when thinking about your immediate need for money is your budget. If you don’t typically do your own budget, you’ll want to start. Even if you have been the one handling all the family finances, you may need to make adjustments to your spending or income. This is also how you can build a savings account if you don’t have one and start your retirement fund. Experts recommend investing in low-risk funds, especially if you don’t have a lot of years before you’re going to retire.

Take stock of your potential income and assets

If you can, try to wait as long as possible to collect Social Security. That way, you will receive the maximum amount of benefits possible. If your spouse worked and you didn’t, as long as you were married for at least 10 years, you qualify for Social Security benefits through him or her.

If you and your spouse shared a home, though it may be tempting to keep it, selling it may be the better financial choice. Many people think they can wait until retirement and sell the home, but not many people actually do that. If you’re going to keep it, you’ll need to make sure to maintain it, which is more costly on one income.

Start your own retirement account

If you don’t already have your own retirement savings, now is the time to start. Creating an account may be vital before finalizing your divorce because, if you receive any retirement assets as part of the divorce agreement, you’ll need somewhere to put them. An IRA is likely the best bet as long as you leave the assets in place until about age 60.

The most important thing you can do is consult professionals to help you navigate this transition. A financial planner can look at multiple aspects of your personal finances and recommend how to proceed. An attorney who has extensive experience in helping people through the divorce process can serve as your advocate, making sure that your best interests are kept top of mind.

When you get married, you file the legal agreement in the state that you reside in at the time. If you then choose to get divorced, but you have moved since the marriage, does this mean that you have to return to the other state to divorce?

For instance, perhaps you and your partner are from Maryland. You got married there in 2010. In 2012, you moved to Texas for a job opportunity. You have lived there since. Do you have to fly back to Maryland just to get divorced, or can you do it in Texas?

You’ll be glad to know that you can divorce in Texas in this example. It does not matter where you got married. The Texas courts can still take care of everything for you — though you will be bound by the divorce laws in Texas, not those in Maryland, so it’s important to understand any significant differences.

The one stipulation about divorce in another state is that you must meet the residency regulations in that state. You cannot just drive across the state line for the afternoon, perhaps because you like the divorce laws in that state more, and file for divorce. In this example, you do satisfy those requirements and you have been living in Texas for years. But those thinking of making a quick stop in another state need to know that they can’t do so just to file for a divorce.

If you have any questions about the divorce process in Texas or the different laws, it helps to work with an experienced team that can provide those answers.