Category: Family Law

Getting married is an overwhelming and emotional time for couples in Texas and elsewhere. The excitement of the process, along with the costs associated with it, can be a lot to take in. Thus, it is often not an ideal time to bring up the possibility of a future divorce. It is certainly not romantic to discuss divorce before a marriage has begun. However, the reality remains that roughly half of all marriages end in divorce.

With that fact in mind, many couples choose to include a prenuptial or postnuptial agreement in their union. While it was once more common to do this if a spouse was wealthy or famous, this is no longer the case. Nonetheless, spouses still pause and ask: How do I know if I need a prenup?

To begin, a prenup is a contract entered into by two spouses before a marriage that details property division, spousal support and other important issues in case a divorce takes place. Couples need to understand why any couple would need or want a prenuptial agreement. The ultimate reason to include a prenup in a marriage is to protect the assets and property a spouse had before marriage.

Although uncomfortable at first, the discussion of a prenup could help a couple to be more open and forthcoming about what assets, property and debt they have prior to getting married. This not only results in a more transparent financial situation, but could also provide valid reasons for wanting and needing to enter into a prenup.

No matter the reason for considering a prenuptial agreement, it is important to understand the process to enter into and validate this marital agreement. Even more so, those in the divorce process need to ensure they understand how a prenup is executed in the process. This helps protect one’s rights and interests in the matter.

For each couple, the best part of marriage is something different. Each marriage is unique to the spouses involved, and much like the good parts often shape the marriage, so do the bad parts. In some cases, the bad can outweigh the good, causing spouses in Texas and elsewhere to consider the longevity of their union. While they may have a lot of good to fight for, ultimately, if ending the marriage is in their best interest, divorce will likely be the best step for them to take.

Even when one or both spouses are confident with their choice in filing for divorce, it is by no means an easy decision to make or process to go through. Emotions can run high and the matter can become complex when spouses seek to maintain ownership of certain property. The matter can become further complicated when children are involved and the divorcing parents cannot agree on custody and support issues.

While these are all typical legal issues faced by divorcing couples, it can feel very personal and isolating. At Katie L. Lewis, P.C., Family Law, our law firm will make sure you do not feel alone in this process. Our skilled legal team is here to not only explain the situation and options available to you, but we are also dedicated to making our clients feel supported and understood. We take the time to fully discuss the goals of our clients, helping them make them a reality.

To learn more, check out our law firm’s divorce website. No matter what legal issues a spouse faces during dissolution, there are mechanisms to resolve them. Our law firm can help you determine what steps are best to take in your specific situation, helping you to protect your interests and rights along the way.

When a couple in Texas gets a divorce, it is common for one spouse to pay maintenance, also referred to as alimony, to the other spouse. This can lead to disputes between the parties. The paying spouse might not want to support the other spouse indefinitely. The supported spouse could want the payments for an extended period of time. There could be disagreements as to how much the payments will be. There are many issues that could be part of the case when it is decided and even after the case is completed. Understanding state law regarding the duration of spousal maintenance is imperative to a case for both sides.

When deciding on the duration of spousal maintenance, the court cannot order it for more than five years after the date, if the couple was married for less than 10 years unless there is an establishment of maintenance based on family violence within two years of filing for divorce or while the case is pending and the spouse cannot earn enough to provide for reasonable needs because of a disability, or there is a child for whom the receiving spouse will be the custodial parent. It cannot go beyond five years if the couple was married for 10 years, but not more than 20 years.

It cannot go beyond seven years from the date the order was issued if the couple was married for at least 20 years, but the marriage did not go beyond 30 years. It will last for 10 years from the date of the order if the couple was married for 30 years or more. There will be a limit for how long spousal maintenance will last and it will be for the shortest reasonable amount of time so the receiving spouse can earn enough income for reasonable needs unless their ability is diminished because of being disabled, they are caring for a young child or an infant from the marriage or there is another compelling hindrance to earning enough to meet those needs.

A common topic for disagreement when a couple is divorcing is spousal support and its duration. Even if the law is clear on these matters, there is always room for negotiation and accounting for individual circumstances of any given divorce.

Few things can spoil a romantic mood quite as thoroughly as suddenly bringing up finances. However, that does not mean this is a conversation you should avoid having. When protecting yourself and your property, seeking for a prenuptial agreement can be one of the best decisions you ever make.

Despite a increased use in recent years of prenups, there are still many misconceptions. Some people in Texas believe prenups are only necessary for the ultra-rich; others think prenups spell doom for a marriage.

Let’s consider how you could benefit from using a prenup.

There is a financial imbalance

You are not marrying your significant other because of his or her paycheck, and you are certainly not marrying him or her for his or her debt. In today’s world, it is likely that one of you will either:

• Earn more than the other
• Have more assets to one’s name
• Engage in bad spending habits or have lots of debt

In general, things that you own before tying the knot remain your own personal property that does not need dividing during divorce. However, family law is complicated, and in some cases, the way that you treat personal property can actually cause it to turn into marital property. In general, it is best to not leave your financial security up to chance, and a prenup can address all of the above issues you might face.

Business obligations

Being an entrepreneur is an exciting venture. Being an entrepreneur who is about to get a divorce can be terrifying. How can you protect your business interests during your split? What if your ex tries to claim that he or she should receive a portion of those assets?

You do not want to watch something you have worked so hard for disintegrate. As a business owner, a prenuptial agreement is an invaluable tool for protecting everything you have created.

You can get creative

The law already addresses how parents should split custody of their children, but what about pet owners? In the eyes of Texas state law, your pet is not another member of the family — it is property. Rather than potentially lose out on ever seeing your beloved four-legged friend ever again, you can use a prenup to figure out how you will handle pet-related costs and even pet custody.

At a distance, a prenuptial agreement might seem like a cold tool used by those who are already anticipating a divorce. In reality, these are incredibly versatile family law tools that can cover a wide range of scenarios and protections.

When it comes to ending a marriage, spouses in Texas and elsewhere are often focused just on that, dissolving the marriage and moving forward. However, that is simpler said than done. In today’s era, divorce can get messy, hostile and very costly. There are often many things to argue over, and when it is a toxic environment and emotions are running high, the process can be extended. But much like no two marriages are alike, there are no two divorces that are alike. In contrast, divorcing couples do have the same choices and resources.

There are three methods couples can chose from when ending a marriage. No single method is better or the best; however, based on the factors and circumstances surrounding the divorce, the benefits experienced by one method over another may be clear for a specific couple.

The first option is mediation. This is essentially when both spouses work together to decide what is best for their family and finances. This is often the least costly method and can take the least amount of time. However, if spouses cannot agree or it turns high conflict, this can be a very costly and ineffective method. The next is collaborative law. This is when a team of experts are used to help the spouses come up with a creative divorce solution. Unlike mediation where a mediator works with the divorcing spouses, collaborative divorce is a negotiation process between the spouses and their attorneys.

The final method is litigation. This is the traditional method and it can be the most expensive and taxing route to take. However, in some matters, it is the most effective method, as a high conflict divorce will not reach a resolution through mediation or collaboration. The downside is that the needs and wishes of each side may not be expressed and understood as well, and a judge is left to determine what is best.

No matter what divorce method is used, it is important to understand what the process looks like and how it might be suitable for your situation. Those dealing with such a matter should explore their matter further and understand how they can best protect their rights and interests.

(California Court of Appeal) – Reversed and remanded a spousal support order, in a case where a wife sought to reduce her support payments to her former husband. Held that the trial court failed to consider the parties’ reasonable expectations as expressed in their dissolution agreement.

(California Court of Appeal) – Dismissed a mother’s appeal from an order terminating parental rights to her son. Also denied her petition for writ of habeas corpus, concluding that a habeas petition may be filed in dependency cases only in limited circumstances not present here.

(California Court of Appeal) – Affirmed the denial of a request to renew a three-year domestic violence prevention restraining order. A woman had obtained the restraining order against her former husband.

(California Court of Appeal) – Held that a California superior court had jurisdiction over a child custody proceeding, in a case raising questions under the Uniform Child Custody Jurisdiction and Enforcement Act. The mother had previously initiated a child custody proceeding in her home country of Belarus.

(California Court of Appeal) – In a Chapter 7 bankruptcy case, held that when the nature of a debt is such that its discharge will directly and adversely impact the finances of the debtor’s spouse or former spouse, it is nondischargeable in bankruptcy, even if it is not directly payable to the spouse. Affirmed the district court.