Posted on August 01, 2021 in Mediation

At one point or another, most people have heard of the process referred to as “mediation” in family law. Most people understand that mediation is essentially an alternative to the traditional, court-based divorce process. However, few people know much about the details of how the mediation process works. Mediation is an increasingly common alternative, both in Texas and throughout the nation, mainly because it offers several key advantages. Depending on the specifics of the situation, mediation can be a viable method for developing the agreements (i.e. child custody, visitation, etc.) necessary to accomplish a divorce.

In this post, we will go over the essentials of the mediation procedure here in Texas. Then, we will point out the two main advantages of this process.

Basic Overview of the Mediation Process

Mediation has a formal structure which is consistent from one case to another; however, the results of any given mediation depend completely on the facts, circumstances and desires of the parties involved. In other words, although the mediation structure is predictable, the outcome of any given mediation is not so predictable. A single person will assume the role of the “mediator” in the mediation process. This person literally acts as the facilitator who assists both sides of the aisle in coming to agreements on the disputes of the divorce. In mediation, both sides attempt to independently come to agreement on any disputed issues of the divorce, such as child custody, visitation, property division, asset protection, alimony and so forth.

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 Posted on July 01, 2021 in Divorce

The thought of ending a once-loving relationship can be bad enough on its own, but adding an uncertain financial future to the equation presents an extra layer of fear and anxiety to any divorce between Texas spouses.

But the good news is there are steps you can take to protect your new life as a single person. First, consult with an experienced and compassionate family law attorney who can guide you through the process.

Five steps to protect your future financial well-being

In addition to charting a budget for paying monthly bills, including mortgage or rent, utilities and other expenses, it's vital to take steps to protect assets by:

• Establishing a legal separation date: Until this date is set in writing, all income you earn and assets you acquire may be subject to division.
• Checking your credit: Get a copy of your credit report from Experian, Equifax or TransUnion and check for any potential errors or damage resulting from your spouse's actions.

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 Posted on July 01, 2021 in Divorce

Too many Texas spouses struggle going through the motions of an unhappy marriage. Often, it's due to the belief that things will get better, or they’re afraid of the impact divorce will have on their children.

However, in many cases, divorce is a positive step for the entire family. Once a marriage is broken beyond repair, it's vital to change course when anger, frustration and resentment consume the relationship.

Five “freeing” effects of divorce

Divorce is never easy, and families are forever changed. But it's often for the better as ex-spouses can focus on the needs of their children to forge a new dynamic. The benefits include:

• A healthier household: Tension runs deep in unhappy homes. Ridding everyone of that stress can provide immediate relief.
• Better physical health: Spouses in deteriorating marriages often see their own health decline due to chronic stress. Removing yourself from that environment can lead to improved physical and mental health.

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 Posted on July 01, 2021 in Prenuptial Agreements

Prenuptial agreements – also referred to as “premarital agreements” in Texas – are a curious thing in the context of marriage. On the one hand, many people insist that these agreements are necessary to ensure that no spouse is unfairly impacted by a divorce. On the other hand, prenuptial agreements are not exactly the most romantic things, and in some ways seem incongruous with the general purpose of marriage to begin with. The best approach is likely to be somewhere in the middle: use prenups when necessary, but they may not always be necessary. Texas is a community property state, which has a decisive role in property division in divorces without a prenuptial agreement. If a couple feels that this default position is fine, then perhaps a prenup is simply not necessary.

In this post, we’d like to give a basic overview of how courts treat prenuptial agreements. Most readers have at least a general idea of how these agreements work. A prenuptial agreement is a contract which predetermines things such as property division, asset protection, inheritance, debt responsibility, and so forth. But how do courts treat these agreements? Let's discuss in a bit of detail.

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 Posted on June 01, 2021 in Divorce

The end of a marriage can take a heavy toll on spouses, children, close friends and family members. The emotional consequences can be even greater when private information surrounding your divorce is available for the public to see.

Keeping those details away from prying eyes depends upon your behavior and working with an experienced family law attorney who understands how Texas privacy laws can keep certain information from becoming public.

Avoid venting on social media

One key to minimizing the harm for children is for both spouses to remain civil. Avoid bashing the other party through digital communications, including emails, texts, tweets, Facebook posts or anything that could appear before a judge.

It's better to refrain from talking about your divorce or spouse on any of these platforms or keep details limited. Finally, never make angry public remarks or accusations about the other party out of frustration, as they can be used against you later.

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 Posted on June 01, 2021 in Child Custody

Co-parenting after a divorce or separation is never easy. Every relationship is different, and some ex-spouses have more conflict than others.

While each marriage and divorce are unique, the common goal should be to ensure that children have a safe, stable and close relationship with both parents.

Remember! It's not about you

Putting aside negative feelings for a former spouse can be extremely challenging. However, unless abuse or neglect is present, Texas parents need to remember that children of divorce can still thrive when both mom and dad play a positive role in their daily lives. Here are some crucial things to remember:

• Your children are always first
• The time spent with your kids is theirs, not yours
• Cooperate with extracurricular activities and school
• Don’t keep score on which clothing, electronics, games or toys go back and forth between homes – they belong to your child
• Don’t badmouth your ex – your child is one-half of the other parent

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 Posted on June 01, 2021 in Child Custody

Nesting is a relatively recent trend among divorced and divorcing parents in Texas who share the family home, taking turns being with their children. As a result, kids remain in familiar surroundings, which can help them better adapt to their new situation.

The parents can stay in separate areas in the home, but most live in other locations. Some share an off-site apartment or house when they are “off-duty,” while others live part-time with family or even friends.

Putting the children first

Research shows children of divorced parents suffer more psychological and behavioral harm when their parents don’t get along. Nesting can give them a stable environment, especially in the early stages of a divorce.

Some of these arrangements only last until the details of the divorce are worked out, while others can last several months or years, depending upon the parents’ post-divorce relationship and the age of their children.

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 Posted on June 01, 2021 in Child Custody

When Texas spouses decide to end their marriage, nothing is more painful than telling their children they are getting a divorce. While it won’t be easy, kids should hear the news from both parents at the same time.

How your children respond will likely depend upon their age and what you choose to share. Younger kids will need reassurance that the breakup is not their fault, while high schoolers will want more details about the divorce and how it will impact their lives.

Keep it simple and skip the messy details

Present a united front with your spouse and avoid blaming each other, as it can force kids to take sides. Instead, keep the messaging uncomplicated and focus on the future, such as:

• Mom and dad will be happier living apart
• The divorce has nothing to do with them
• We will live in separate homes where they will be loved

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 Posted on May 01, 2021 in Special Education Law

Today, the Texas Legislature passed a law that would extend the statute of limitations on special education cases from one year to two! This will make Texas law consistent with Federal law. More importantly, it allows time for parents to gather information and make informed decisions about legally enforcing their child's right to a Free Appropriate Public Education.

This is a huge victory for parents of disabled children. It is not unusual for it to take the better part of a school year to realize the impact of schools either not implementing an IEP, failing to provide appropriate services, or the impact of an inappropriate placement. Frequently, parents realize the problem after almost a year has passed, and that leaves little time to hold schools accountable and pursue better services for their children. The expansion of the limitations period will offer greater protection to parents and children.

Parents and their attorneys and advocates have been pleading for this for years. Now the law has passed both the House and the Senate. Now it is up to the Governor to sign it.

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 Posted on May 01, 2021 in Divorce

Divorce is a very “me-centric” process, understandably encouraging divorcing Texas spouses to focus on their own personal, financial and emotional well-being. If you’re a parent, that level of concern extends to your kids.

But divorce affects everyone close, regardless of whether they are related to you or your soon-to-be-ex. Likewise, it will significantly impact the future of all the friendships you have established on your own or through your spouse.

Control the narrative and avoid hurt feelings

Talking about the end of a marriage can be awkward. How you approach these conversations will likely set the tone for future relationships with:

• In-laws: Each spouse may want to break the news separately to their own parents, grandparents and siblings. It's essential to realize that your children will benefit from maintaining a loving relationship with your ex's family, even if you are no longer present.

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