Category: Family Law

The mere thought of asking for a divorce is enough to scare you away from doing so. However, if you realize that your marriage is no longer working, it may be something you need to do.

There’s no easy way to ask for a divorce, but there are steps you can take to do so without causing more harm than good. Consider the following tips:

• Be honest about your feelings: This isn’t the time to hide anything from your spouse. Tell them why you want a divorce and stick to it. If you know that it’s time to move on, stick to your decision.
• Keep calm: It’s easy to let your emotions get the best of you, so stay calm throughout the conversation.
• Choose the right time and place: Asking for a divorce is difficult enough. If you choose to do so at the wrong time and/or wrong place, it’ll only complicate matters.
• Skip the details: It sounds like a good idea to discuss the details of your divorce, such as who will get the family home or custody of the children, but it has the potential to escalate the conversation to an argument. You’ll have enough time for this as you go through the divorce process, so wait until then.

Once you ask for a divorce, you have one of your biggest challenges out of the way. At that point, you can turn your focus to the process, your legal rights and devising a strategy to help you along the way. It can be a long journey from start to finish, but proper preparation will help.

If you’re thinking of signing a prenuptial agreement with your spouse, make sure that you fully disclose all of your assets and all of your debts. That means everything you own, all the money in your savings, anything you have in investments, any business ownership percentages and all the rest. If you have financial policies like a pension or a life insurance plan, you want to disclose these, as well.

Why is it is important to do this? Well, from a practical standpoint, your spouse just needs to know what you own before agreeing to a contract that can have a big impact on their financial future. They deserve to know what they’re agreeing to and what they may be signing away.

From a legal standpoint, it’s also important to disclose everything because the agreement likely will not stand if you don’t. The judge can throw it out, even if everything else was done correctly, and it no longer governs the divorce. This could cause you to lose some of the protections that you carefully built into your plan and that you were really counting on.

Remember, the opposite side of this is also true. You deserve to know all of the same details about your spouse before you sign. If they hid or failed to mention anything, the agreement may not hold up if you do eventually get divorced.

Prenups can get more complicated than many people assume. It is very important to know about all of the legal steps you need to take and what obligations both of you have.

How soon is “too soon” to decide that you’ve made a mistake with your marriage? Apparently, there’s really no such thing as “too soon” when it comes to matters of the heart. In fact, the majority of couples have a pretty good idea about whether their marriage is healthy from the very start — even before the honeymoon phase is over.

The typical picture of matrimony has always been a little grim. It’s generally been anticipated that a couple will rush into each other’s arms with great initial joy. Then, as time passes and the bloom of the new relationship fades, a couple’s overall satisfaction with their marriage is expected to fade quite a bit — even if the couple stays together out of a sort of dull contentment with their situation.

Except research doesn’t bear out this idea. Not only do many married couples (around 60%) start their relationship highly satisfied with each other, those couples tend to remain largely satisfied over time. Roughly 30% of couples start their marriage only moderately satisfied with the relationship, while 10% of couples aren’t particularly happy with their marriages even in the beginning. As it turns out, the lower your initial level of satisfaction in a marriage at the start, the lower it’s likely to continue being — especially among those in that bottom 10%.

What does this mean, in practical terms? The odds are good that you have a fairly clear sense about your marriage’s longevity from the very start. If you aren’t happy with the relationship, you probably can’t expect it to evolve into something better.

While nobody ever really wants to think about divorce, it really can be a fresh start for both parties — and is often the best solution once a couple realizes that they’re simply not compatible over the long run.

It can be difficult for anyone to achieve dreams in life. Certain obstacles are unavoidable, and sometimes, things are just not meant to work out. You were able to reach your career goals by becoming an entrepreneur and creating a company that took off and remained successful. However, your marriage was not meant to last.

Now, you have concerns about what will happen to your business as a result of your pending divorce. Will you lose everything? Will your soon-to-be ex-spouse end up with the business? Will you owe him or her business assets? These are understandable concerns because your business undoubtedly means a great deal to you, and you do not want to unnecessarily harm its future.

Is your business marital property?

First, you may want to determine whether the court will consider your business marital property. If you first got married and then started your business, it does constitute marital property. Additionally, any assets obtained by the business after your marriage fall into this category. The same goes for starting your business before the marriage. The business itself may be separate property, but assets earned after marriage are not. Because Texas is a community property state, you and your spouse have the right to a 50-50 split of marital assets.

The possibility also exists that your spouse could have a claim to the business because he or she contributed to its success. At first, you may think that this does not apply because your spouse did not have dealings with the business, but if your spouse managed the household, taking over those duties may have allowed you to put more time and effort into the success of the business, which means he or she indirectly contributed to the company.

What can you do?

Before you resign yourself to losing a portion of your company during your divorce proceedings, you may want to remember that nothing is set in stone yet. You may have the ability to negotiate with your spouse to determine whether he or she would give up any claim to the business or business assets in exchange for other property. 

These negotiations can be tricky and sometimes heated, so it may be in your best interests to discuss your options with an attorney. Your legal counsel can help you determine the best options for working toward your goals.

Just like every marriage is unique, ending a marriage is a little bit different for everyone. Some people in Texas have to figure out what to do with a family home. Others have to sort out how to divide debt. Though these are two different issues, they are still part of the same process — property division. So, no matter what you might be dealing with during your own divorce, there are a few things you should keep in mind.

For example, it is a good idea to keep emotions out of things. This can be understandably difficult. Marriage and divorce are much more than legal processes, and both illicit strong emotional reactions. It can be easier to keep those emotions in check when you have a better idea of what behavior is actually helpful.

Put everything on the table

You and your ex-spouse accumulated assets over the years, and now neither of you wants to let go of them. One or both of you might be tempted to hide a few marital assets on the side, but this is never a good idea. Not only will it negatively skew property division to one person’s benefit, but it can also land you right back in court months or even years in the future. It is best to fully disclose all assets — including income and debts — when asked.

Having an accurate record of income is important for support payments too. If you earned less than your ex or did not work, you cannot get the full alimony that you deserve unless everyone’s income is on the table. This can also negatively affect child support payments if you have children.

Save big changes for later

Divorce is already a life-altering process, though it is almost always for the better. This actually encourages a lot of people to reconsider other aspects of their lives in which they might be unhappy. While this type of introspection is great, acting on anything significant while going through a divorce is not always a good idea. Accepting a job in another state, moving hours away or even taking a position in another country are all things that should wait for later.

You also cannot just change the terms of your temporary visitation or custody agreement when you feel like it. If you do think the agreement is not meeting your child’s best interests, you can always ask a judge to modify it as needed. However, when you take the matter into your own hands, you are ultimately violating the agreement. This can make it a lot harder to get custody and visitation rights in the future.

Remember to get help

At some point during your marriage, you and your soon-to-be ex might have faced difficult situations together. You already know that having the support of someone who is on your side makes a world of difference. Divorce is no different.

You do not have to wonder whether you are making the right decisions or if you are navigating the process all wrong. Working with an attorney who is experienced with Texas family law can ease those worries, creating an easier path to the end goal — a successful divorce. But since what defines a successful divorce is usually personal, it is a good idea to talk about your goals with your attorney.

In Texas, many soon-to-be ex-spouses either make financial assumptions about a divorce or simply do not know what awaits them. Unfortunately, these individuals often face some unwelcome surprises. It is best to get educated ahead of time to learn how to deal with divorce-related financial issues before they arise.

One common problem is that people are unaware of the full amount of their household debt. Both parties may end up having to assume some of that debt after a divorce. Individuals are often surprised by these circumstances, especially if the other spouse was the one who managed the finances.

The cost of health insurance can also be an unwelcome surprise. If one spouse had been paying premiums for the family, the other partner will have to find insurance on their own. They soon may find that insurance can be prohibitively expensive, especially if they do not have a job that offers health benefits.

Many non-working spouses do not anticipate that a divorce would require that they return to the workplace. They may be factoring in alimony or child support but have overly rosy forecasts for what they would be receiving. This would mean that they need to earn money to make ends meet.

Education ahead of time is the best way to avoid some of these shocks. While it may not change the financial situation, a divorce attorney could at least provide the information necessary so that a client understands what they’ll face. Then, the attorney may help the client negotiate the best possible financial terms during the property division process.

Your decision to divorce will have serious financial implications on your life. You know that the choices you make throughout this process will directly impact your future, which is why it is important to think long-term. In fact, there are steps you can take now to start preserving your interests and preparing for the process ahead.

If you have not yet filed for divorce, you may think there is not much you can do yet. In reality, you can start taking steps that will provide you with more control and give you more leverage when it’s time to negotiate. You have the right to fight for a strong financial future, and that process can start even if you are still simply considering the possibility of a divorce. 

Your future, today

Divorce will also certainly reduce your financial standing, at least for a period of time. Even the wealthiest of Texas couples may find that they experience some impact from the terms of their property division and financial settlements. You can minimize the negative effects and bounce back quicker when you are well-prepared for the process ahead, and some of the things you may want to consider doing include:

• Get familiar with your finances now — This is especially important for a spouse who was more hands-off with the finances over the course of the marriage. Familiarize yourself with accounts, tax returns and other important things you need to know.
• Talk with someone — Talking with financial professionals and other knowledgeable individuals can help you get the information you need to make smart choices in your divorce. Ask questions, learn about your rights and discover as much as you can about your financial situation. 

These are only two of many ways you can take steps to make sure you have a strong financial future after your divorce. Finances are one the most sensitive and complex issues to address in a divorce, and you do not have to navigate these complicated matters on your own.

With the support of an experienced family law attorney, you can pursue a settlement that makes sense for you and your objectives. The stakes are high, but stability and security are possible. Take control of your future now and avoid regrets down the road, starting by seeking an assessment of your case and explanation of the legal options available to you.

Couples getting married in Texas should explore the possibility of a prenuptial agreement and how it can help them. While these agreements may not be the right thing for everyone, they can provide valuable protection for people entering a marriage under certain circumstances. Although one may not want to enter a marriage planning ahead for its possible dissolution, it is sensible and can help protect one or both of the spouses.

Certainly, those who go into a marriage with significant assets need the protection that a prenuptial agreement can offer them. This includes people who either have a business or plan on starting one. Prenuptial agreements will help if they have their own money or their family has significant assets.

The benefit of a prenuptial agreement is that, in the case of a divorce, the property is divided in accordance with the terms of the agreement. The agreement can also protect children if the marriage is a second union by ensuring that a spouse can keep their assets and the children would not lose their inheritance in a divorce. A prenuptial agreement is not always easy to bring up and negotiate, but it is absolutely vital in many cases. The alternative is that a spouse can be at risk of losing their assets in a divorce.

While it seems paradoxical, one should contact a family law attorney before getting married to learn more about prenuptial agreements. They may be able to suggest parameters for a valid prenuptial agreement and give tips on discussing it with the prospective spouse. Note that the attorney will represent one spouse as opposed to both people. Prenuptial agreements could be invaluable and make life easier in case the worst-case scenario happens years into the future. An attorney might help prevent chaos in that event.

According to Pew research, the divorce rate for those 50 and older has doubled since 1990. In many cases, Texas residents who are ending their marriages will have an attorney to help them navigate the process of doing so. However, it may also be a good idea to have a financial adviser on a divorce team as well. A financial adviser will likely be able to help with potential challenges arising from the passage of the 2017 Tax Cuts and Job Act, or TCJA.

For instance, it is important to understand how alimony rules have changed since the TCJA came into existence. Alimony payments are no longer considered income to the recipient, and these payments are no longer a tax write-off for the individuals making them. However, any money that is distributed to an individual through a retirement plan could be taxable to the recipient. It is possible that the payee will insist that funds come from a retirement account instead of a personal account.

In addition to financial issues that could arise in a divorce, it is important to consider how the end of a marriage could impact an estate plan. In many cases, it won’t be possible to change the beneficiary on a retirement plan or pension until the divorce is final. This is because a spouse is typically the beneficiary by default.

Regardless of how old a person is when he or she gets divorced, it may be necessary to divide marital assets as part of a final divorce settlement. If retirement assets are split as part of that settlement, it may be necessary to do so through a qualified domestic relations order, or QDRO. An attorney may be able to draft the document or explain what happens if assets are split without one.

When people in Texas are going through a divorce, they might try to negotiate an agreement for child custody or property division. However, they may be unable to reach an agreement, or one spouse might simply be uncooperative. It could be necessary to decide whether to settle or to continue on to negotiation.

If time is a factor, settling may be the best option. Litigation can take months, a year or even longer. First, there is the time to prepare, and then there is setting the court date, which is usually several months out. People should also consider the potential cost of litigation. Settling is almost always cheaper while litigation can run higher than $10,000 or even $100,000 in some cases.

Some people underestimate the stress of litigation. It is like being on call for months at a time, and individuals may sometimes need to drop everything to get information for an attorney. This can interfere with work and family time and put a strain on children as well. It can also damage the future co-parenting relationship. However, people may find that litigation is the right choice if they have a strong case and the other spouse simply will not budge. It might be the only chance to get the preferred outcome.

Divorce is rarely an easy process, but an attorney may be able to help a person determine the best possible approach. In a community property state like Texas, marital property is supposed to split equally, but in practice, there can be variations in how this is done. Mediation may help even couples who are experiencing conflict reach a resolution instead of going to litigation. One advantage of mediation is its focus on an agreement that both parties are happy with. This is in contrast to the more adversarial approach of litigation.