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Recent Blog Posts
Understanding Alimony in Texas Divorce: How to Determine Your Eligibility
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
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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.
Will Divorce Mediation Work for Me?
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.
What is the Best Age to Marry to Avoid Divorce?
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.
Common Reasons for Divorce Among Couples Who Marry at a Young Age
Marriage at a young age can be challenging, and research has shown that couples who marry early are at a higher risk of divorce. Young couples who marry tend to get divorced for the following common reasons:
What is the Difference Between Sole Managing Conservator and Joint Managing Conservator?
People use the term “child custody” to refer to parenting arrangements when parents are divorced or unmarried. However, Texas law specifically refers to custody issues in terms of “conservatorship” and “possession and access.”
In this blog, we will discuss when a Texas parent may be deemed a “sole managing conservator” or “joint managing conservator” and how this influences each parent’s parenting responsibilities.
Sole Managing Conservatorship
Many people are familiar with the terms “joint custody” and “sole custody.” In Texas, a sole managing conservator can be compared to having sole custody of a child. If a parent is a sole managing conservator, he or she has the right to make decisions about the child's upbringing. The parent has sole responsibility for making decisions about:
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The child's education
What Is a Prenup and Why Would I Need One?
A prenuptial agreement – also referred to as a prenup – is a legal contract that couples enter into before they get married. The agreement sets out the terms and conditions for how assets, property, and financial affairs will be handled if the marriage ends in divorce. Although some people may view prenups as unromantic, there are many reasons why entering into one is a wise decision.
Protects Assets
A prenuptial agreement can protect your individual assets. If you have accumulated wealth, property, or investments before the marriage, a prenup can ensure that you retain ownership of these assets in the event of a divorce. Without a prenup, your assets may become part of the “marital estate” and should the marriage end in divorce, your spouse could be entitled to half of that estate per the community property laws of the state of Texas – regardless of who acquired them.
Can I Get a Legal Separation in Texas?
Almost every couple goes through periods in their marriage where things get so difficult between the two of them, one or both of them begin considering divorce. The couple will either work through these issues, decide to end their marriage or continue living contentiously with each other without dealing with the problems.
One option that some couples decide is to separate before they make the final decision to divorce. This allows them each to have their space and gives them the time they need to decide if they really do want to end their marriage or work toward reconciliation. If this is something you and your spouse are considering, there are some important facts you should be aware of when it comes to legal separations in Texas.
A Legal Separation
When a couple decides to separate, even though they are no longer physically living together, they are still considered legally married. This means that if one spouse is on the other spouse’s health insurance plan, they can remain on the plan. This is different than a divorce where a person’s benefits are terminated after a certain period of time.
Is Your Spouse Secretly Planning a Divorce? Watch Out for These Financial Red Flags
Unfortunately, there are many people who seek out the legal assistance of a divorce attorney who share they had no idea their spouse wanted a divorce until they got served with the divorce petition. Although there are marriages where divorce seems to come out of nowhere, there are usually some indicators that the person did not realize were actually signs that their spouse was planning their exit strategy from the marriage. Although these signs may not always mean a spouse is planning on leaving, they may be warnings that something is going on and you should consider seeking out legal advice to ensure your best interests are protected.
No Deposits in Joint Financial Accounts
In the majority of marriages, spouses have joint financial accounts that they use to pay household bills and other expenses. If your spouse suddenly stops depositing their pay into the joint account, that could be a red flag that they are making plans to file for divorce. Opening up an individual account is one of the first things that a divorce lawyer may suggest to a client that is planning on ending their marriage.
Do I Need an Order of Protection to Deal with My Ex’s Stalking?
In Texas, just as in every other state in the country, stalking is considered a serious crime. The Department of Justice’s Office on Violence Against Women (OVW) defines stalking as “engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.”
One of the most frequent times a stalker’s behavior is triggered and during a divorce or breakup. If you are going to end a relationship and your partner is harassing, stalking, or threatening you, obtaining an order of protection is a critical first step in keeping you and your children safe.
Stalking Statistics
It is estimated that almost 14 million people a year are stalked, with one in three women and one in six men reporting they have been stalked. The majority of people who are being stalked know their stalkers – 40 percent are stalked by a current or intimate partner and 42 percent are stalked by an acquaintance. Approximately 75 percent of people who are being stalked are eventually threatened with physical violence by their stalker.
What Are the Benefits of a Postnuptial Agreement in Texas?
Most people are familiar with the term "prenuptial agreement," but fewer are familiar with postnuptial agreements. Like a prenuptial agreement, postnuptial agreements or "postnups" protect spouses' financial interests in the event of divorce or the death of a spouse. However, postnuptial agreements are signed after the couple is already married. Many people draft postnuptial agreements after receiving a large inheritance or another financial windfall. Other couples use postnuptial agreements to protect their property rights and clarify financial obligations after a marriage has gone through a tumultuous period.
What Can a Postnuptial Agreement Do for Me?
In Texas, postnuptial agreements can be used in many different ways. Some couples use postnups to ensure that their separate property remains separate and not subject to division in the event of divorce. Others might use postnups to create more equitable arrangements for spousal support or designate a spouse as the beneficiary of certain assets. Postnups can also be used to ensure that certain assets are excluded from the marital estate and will be passed on to children from a previous relationship after a spouse's death.
Children Can Be Happy After a Divorce
When a married couple with children decides to split, often their biggest concern is how the divorce will affect their children. Many parents who have chosen to live their lives apart worry that their children will think the breakup was their fault or will resent the parents for it. Divorced parents are also often concerned that their children will not be the same after a divorce, but research shows that there is reason to be hopeful. Most children of divorce are able to adapt to their new two-home family and end up thriving in it.
Studies Show Most Children Adapt Well
A 20-year study conducted by noted psychologist Constance Ahrons and confirmed by others shows that about 80 percent of children of divorce are able to adapt to the divorce and lead happy, successful lives afterward. The majority of children whose parents get divorced do not experience permanent negative effects on their grades, social development, or mental health.
From our office in Frisco, our law firm serves clients in the communities of Plano, McKinney, Little Elm, The Colony, Prosper, Celina, Denton, Carrollton, Lewisville, Richardson, Parker, Allen, Flower Mound, Melissa, Sachse, Murphy, Coppell, Farmers Branch, Grapevine, Tarrant County, Dallas County, Denton County, Collin County, and the rest of North Texas.
