When parents divorce in Texas, determining custody arrangements for minor children adds further complexity and potential trauma to the process. The breakup of a family through divorce profoundly impacts children’s well-being and stability. There are steps divorcing parents can take to help protect their children’s best interests and minimize the disruption of divorce, including working with a lawyer.

Focus on the Child’s Needs and Perspective

Children cope better when parents remain centered on the child’s needs. Approach custody discussions remembering that your child did not choose divorce and they should not be put in the middle of parental conflict. Seek arrangements that maintain close relationships with both parents.

Prioritize Consistency and Stability

Major upheavals like changing schools, friends or residences can worsen divorce’s effects on children. Try to preserve normal routines and a sense of security. Custody schedules with predictable transitions and consistent rules/discipline are ideal.

Alimony, also known as spousal support, can significantly affect divorce proceedings. In Texas, determining whether alimony will be awarded depends on various factors. Today, we will explore the key factors that influence the inclusion of alimony in a Texas divorce settlement and how you can properly assess your eligibility. Discuss with your divorce attorney as to whether spousal support will be a factor in your case. 

Determining Alimony Eligibility in Texas

1. Need and ability to pay: To be eligible for alimony, you must demonstrate a genuine financial need for support and an ex-spouse’s ability to pay. The court takes into account factors like earning capacities, income disparities, age, health, and education levels when assessing the financial needs of the requesting spouse. Additionally, the court considers the paying spouse’s ability to pay without experiencing undue financial hardship. 

2. Length of marriage – The duration of the marriage is an essential consideration in determining alimony. In Texas, a marriage lasting over ten years qualifies as a long-term marriage, which can increase the likelihood of an alimony award. However, even in shorter marriages, alimony may be considered if certain circumstances indicate a genuine need for support. 

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Many spouses who are getting a divorce choose mediation over a courtroom battle. Mediation offers a number of advantages. For example, you do not need to gather and present evidence to a mediator like you would with a judge. Mediation can also save you money. Contesting your divorce in court can be costly due to court and legal fees. Going to court to resolve your divorce can also be very time-consuming. You may need to miss multiple days of work in order to prepare for and attend court dates. Additionally, mediation can speed up the divorce process significantly. Spouses who use mediation can often resolve their divorces and finalize their divorce decree within a few months, whereas relying on a court to resolve each issue could take several years. However, mediation is not for everyone. There are some cases where it is recommended that mediation not even be attempted. Whether you and your spouse choose mediation or contested divorce, you should each be represented by your own attorneys. 

Signs Mediation May Work Well For You

Some signs that mediation may be effective for you and your spouse include: 

• You are amicable - If your divorce is relatively amicable and you and your spouse are able to sit in the same room and have a conversation, this is a very good sign that mediation is likely to yield the results you want. 
• You have a prenuptial agreement - First, having a prenuptial agreement can limit the issues that still need to be decided. Further, the fact that you and your spouse were able to reach such an agreement in the first place is a good sign that you can compromise. 
• You have no children and limited marital property - If you do not have child custody issues to contend with and the size of your marital estate is relatively small, you may be able to quickly work through the remaining issues in mediation. 

Signs Mediation May Not Work For You

Signs that divorce mediation is not for you may include: 

Timing can play a significant role in the success of a marriage. Many people wonder if there is an ideal age to tie the knot to minimize the risk of divorce.

What is the Ideal Age?

Research suggests that couples who marry at the age of 25 have a reduced likelihood of divorce compared to those who get married at age 20. However, for those who get married after the age of 32, divorce rates tend to increase by 5% per year until their wedding day.

The decline in divorce rates may be due to millennials getting married later in life, usually in their 30s. However, it is important to remember that there is not a one-size-fits-all answer for the best age to get married as every relationship is unique.

Besides child custody, one of the most contentious issues in a divorce is often the division of assets. Texas is a community property state, meaning that the marital estate is divided 50/50. Unfortunately, some spouses do all they can to try to prevent the other spouse from receiving their fair share and attempt to hide marital assets. There are often certain red flags that may indicate this is occurring. The following are some of the most common signs.

Unusual Financial Behavior

If your spouse suddenly starts exhibiting unusual financial behavior, such as opening new bank accounts, making large cash withdrawals, or transferring money to unfamiliar accounts, it could be a sign of attempting to conceal assets before they file for divorce.

Hidden Accounts and Statements

The process of hiding assets usually begins before a spouse files for divorce by opening up secret financial accounts. If you discover bank statements or financial documents that you were previously unaware of, it may indicate hidden accounts or undisclosed assets.