Posted on August 16, 2022 in Family Law

Prenuptial agreements have largely gotten a bad reputation over the last few decades—a reputation that they do not really deserve. Stories about outrageous celebrity marriages which seem doomed to fail are often where many first hear the term. However, prenuptial agreements are a tool which can be valuable for anyone. You do not need to be rich or a celebrity to benefit from a prenup.

If you have decided that you want to sign a prenuptial agreement with your future spouse before tying the knot, you may be unsure of how to bring up the conversation. Here are a few things to consider.

Benefits of a Prenup

A prenuptial agreement is a legally binding document which establishes the property and financial rights of each spouse in the event of a divorce. For example, a prenup can protect your family-owned business, ensure inheritance rights for children of a previous marriage, prevent one spouse from acquiring the debt of another, protect each spouse’s financial interests, and more.

Continue Reading ››

 Posted on August 04, 2022 in Divorce

Most of us are rarely, if ever, more than just a few feet from our mobile devices. For some people, social media outlets such as Instagram, Twitter, and Facebook are an important way to share their lives with their friends and acquaintances. Social media critics, including many mental health professionals and relationship experts, believe that the image of ourselves that we portray on social media is essentially an idealized version that was created for the public—a version that generally downplays the struggles of life and only highlights “perfect” photos and positive achievements.

Social media use can also cause problems during a divorce. Such problems could directly affect the legal proceedings, while others might slow your healing process and keep you from moving on with your life. If you are thinking about filing for divorce or the process has already begun, be sure to avoid the following behaviors on social media.

Continue Reading ››

 Posted on July 20, 2022 in Divorce

The decision about hiring a lawyer to assist with your divorce can be a tough one. Spouses who are relatively young with no children or substantial debt and few valuable assets could probably get through the divorce process without an attorney but doing so is risky. The risk becomes even greater for the majority of divorcing spouses, whose cases are likely to have many more complicating factors.

If you are facing an imminent divorce, you might think that hiring a lawyer will cost too much to be worth it. The reality, however, is that working with a qualified divorce attorney could actually save you money on child support, spousal support, and other considerations. Let’s look at some of the ways that a lawyer can help with your divorce case.

Saving Time and Aggravation

The legal system in the United States is often ranked among the best in the world, but it can certainly be difficult to navigate on your own. Divorce cases—especially those with high conflict or between high-net-worth individuals—may require endless paperwork, conferences, hearings, signatures, and legwork. A divorce is also a highly emotional undertaking, and many people quickly realize that they cannot handle the added responsibilities associated with managing the legal side of their divorce too. A skilled family lawyer can ease your burden and save you time and energy so that you can focus on building your new post-divorce life.

Continue Reading ››

 Posted on July 11, 2022 in Divorce

In today’s world, there is no such thing as a “typical” divorce. There are many ways a couple can end their marriage, and the outcomes will change depending on the needs of each family. Some families are still traditional in the sense that the mother is the primary caregiver and is the one who spends the most time with the children. In other families, fathers are more involved in raising their children, which can cause tension and stress when it comes to making child-centered decisions during a divorce.

Though the law states that both mothers and fathers should be treated equally, fathers are sometimes still seen as “second-class” parents, and some dads feel that they are not given the same consideration as mothers when it comes to issues such as time with their children. Divorce can be difficult for everyone, but its negative effects may be especially worrisome for fathers. Here are a few tips to help dads aim for success during and after a divorce:

Continue Reading ››

 Posted on June 22, 2022 in Family Law

When parents need to address issues related to their children in family law cases, they may encounter some unfamiliar legal terminology. While a parent may expect to address issues related to child custody, they may be confused by terms such as “joint managing conservatorship” or “possession and access,” and they may worry that failure to address these issues properly could affect their ability to maintain relationships with their children following a divorce or a breakup with an unmarried partner. By working with an attorney who has a strong knowledge of Texas law and experience representing clients in family court, a parent can protect their rights and resolve matters in a way that will provide for the best interests of their children.

Addressing Issues Related to Legal and Physical Custody of Children

In family law cases, custody of children is typically divided into two categories: legal custody and physical custody. In Texas, legal custody is referred to as conservatorship. A person who is named as a child’s conservator by a family court will have a number of rights and obligations, including the right to be involved in decisions about children’s health and education, the right to access children’s school or medical records, and the duty to provide children with the necessary care, protection, and discipline.

Continue Reading ››

 Posted on June 06, 2022 in Divorce

In most cases, getting a divorce will require spouses to consider multiple complex issues. When a couple has joined their lives together, determining how to separate from each other can be difficult, regardless of the reasons for their divorce. While all couples will need to make decisions about the division of their marital property, spouses with a high net worth may find this process to be especially complicated. By considering different types of assets and determining how to reach fair and equitable agreements on how these assets will be divided, a couple can complete the divorce process successfully and ensure that both spouses will have the financial resources they need going forward.

Dividing Valuable Marital Assets

In divorce cases where a couple has a high net worth, assets such as the following may need to be addressed:

Continue Reading ››

 Posted on May 31, 2022 in Divorce

There really is no such thing as a “simple” divorce. Even when both parties are getting along enough to work out a settlement in a civil manner, deciding who gets what can become complicated. In less civil divorces, things can become highly complex very quickly. There are a few signs that should indicate to you that your divorce may be more on the complex side. Or, you may know even before you file that your divorce is not going to be easy. If you are facing a complex divorce, it is important that you work closely with a well-qualified attorney. Complex divorces can require significant legal skills to successfully navigate. 

What Are Some Signs That My Divorce Will be Complicated?

If your divorce entails any of the following, you should expect some complications: 

• Animosity - Amicable divorces tend to be easier, as both parties are likely to make reasonable concessions for the sake of keeping the peace. However, when there is significant animosity between the spouses, negotiating a settlement is not likely to be easy. Your spouse may refuse to compromise simply to spite you. Litigation is a strong possibility. 

  Continue Reading ››

 Posted on May 24, 2022 in Child Support

When you are the parent with primary custody of your child, you are likely entitled to receive child support payments from the noncustodial parent. Or, more accurately, your child is entitled to be financially supported by both parents no matter what. Calculating the amount of child support the noncustodial parent must pay can be a bit tricky, as there are a lot of variables in the equation. It will depend on the amount and type of income the payor receives and the number of children they have, among other factors. It can be difficult to predict the exact amount of child support you and your child will receive, but an attorney may be able to help you arrive at a good estimate. 

Calculating Monthly Income

Perhaps the most important factor affecting the amount of child support payments is the payor’s monthly income. If the payor’s net income is under $9,200 per month, they could be ordered to pay between 20% if they have one child and over 40% if they have more than six children. For purposes of calculating child support, monthly income includes: 

Continue Reading ››

 Posted on April 28, 2022 in Child Custody

Child custody cases can be very emotionally charged. Both parents are often eager to prove that spending time with them is in the child’s best interests. If you have a criminal record, you may be feeling quite anxious about how it could affect your ability to get custody of your child, especially if the other parent has no criminal history. Courts in Texas always strive to do what is best for the child and to keep them in a safe and suitable environment. While this does mean that courts will consider a parent's criminal history, they are mainly concerned with whether the parent is presently safe for the child to spend time with. If you are facing a custody battle and have a criminal record, you will want to have an experienced family law attorney representing you. A criminal history is far from a hard bar to gaining custody, but it can impact your case. 

What Factors Will the Court Consider When One Parent Has a Criminal Record?

Not every criminal offense suggests that a parent is unfit to raise their child. Everyone makes mistakes in life, and a criminal record does not mean that you are not a good parent. In assessing how your criminal history may impact your ability to parent your child, courts consider: 

Continue Reading ››

 Posted on April 13, 2022 in Divorce

When a couple chooses to end their marriage and get a divorce, both spouses may experience financial difficulties. Each spouse will need to make changes to their lives as they shift from combining their incomes and expenses to managing separate households. Most of the time, spouses will need to scale back on their spending and determine how to cut down on expenses so that they will be able to meet their ongoing needs. However, there may be some situations where one spouse may not earn enough to fully support themselves and maintain their standard of living. For example, stay-at-home parents may not earn any income, and they may rely on their spouse’s income to cover the family’s financial needs. In these cases, spousal maintenance/alimony may be appropriate. 

If a couple agrees that one spouse will pay spousal support to the other after their divorce, or if spousal maintenance is awarded by the judge in a couple’s divorce case, the determination of the amount that should be paid and the amount of time that payments will last will be based on the parties’ circumstances at the time of their divorce. However, it is likely that circumstances will change in the years following the end of a couple’s marriage. In some cases, an ex-spouse may believe that certain changes are significant enough to warrant a modification of spousal support. In these situations, it is important to understand how modification requests may be handled.

Continue Reading ››