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Recent Blog Posts

Divorce during the month of love

 Posted on February 01, 2021 in Divorce

Valentine's Day is supposed to be all about love, romance and happiness. Unfortunately, it can be the opposite for many people when their marriage no longer works. Too often, a once-loving relationship turns to disappointment, sadness and, in many cases, anger.

While February will always be associated with love, it's also a month when divorce filings and calls to divorce attorneys increase. If you are contemplating a divorce, the key during this time is focusing on the future, not the past.

Strive to put reason ahead of emotion

While many couples focus on the romance of the season, it's crucial that you don’t get caught up with wistful emotions that distract you from the practical financial considerations of divorce.

The more assets you and your spouse own, the more crucial it becomes to work with an experienced lawyer who understands how complex assets are divided under Texas's community property laws. These include:

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Co-Parenting: How to put the children first

 Posted on February 01, 2021 in Child Custody

Divorce often takes a tremendous toll on a family, especially when the couple ending their marriage has children. Regardless of which parent is the managing conservator, Texas courts expect that both parents will continue to be a present and positive force in their kids’ lives.

Psychologists say even when children live in separate households, they can still thrive when co-parenting relationships avoid bitterness and anger. For many former spouses, that may be easier said than done. However, it's crucial to remember that your children's future is at stake.

Five tips for peaceful co-parenting in Texas

Kids learn about life and relationships from watching their parents. They observe how you interact with each other and the various ways – verbal and nonverbal – that you communicate. Even if you and your ex went through a contentious divorce, try to put those feelings aside and remember:

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Separation And divorce during COVID-19

 Posted on February 01, 2021 in Divorce

When a once-loving relationship no longer works, thoughts for one or both spouses often turn to separation or divorce. During the past year, these difficult situations have become even more challenging due to the COVID-19 pandemic.

Conflicting reports over whether the number of divorces increased or decreased in 2020 only feed the confusion over how the pandemic is affecting couples on the brink of a breakup. If you are in that category, here are some coronavirus-related questions to consider.

Should I wait until the crisis is over?

Many couples who were already headed toward divorce before the pandemic chose to hit the “pause” button, thinking they couldn’t or shouldn’t split up during a health care crisis.

However, many found that more time together due to stay-at-home orders or working remotely and spending all their time in the same house was too much. For some, it only reinforced the knowledge that the marriage was over and a delay was not helpful.

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Should You Go it Alone – To Lawyer or Not to Lawyer!

 Posted on January 01, 2021 in Property Division

The year 2020 was certainly one for the books! Now that the holidays are over and we are into 2021, you may be wanting a fresh start. Is it time to make a transition in your life? Are you ready for a new beginning? Before you consider the DIY approach to divorce, beware. There are a lot of mistakes we frequently see people make that can have long-term, and often irreversible consequences.

Advance Division of Assets

Perhaps you and your spouse have discussed how to divide your estate upon divorce and generally have an agreement. That's great! However, you should resist the temptation to go ahead and divide the assets before filing or finalizing your divorce. Why? First, not all assets are created equal. It may seem reasonable to trade the house for your spouse's retirement account, but they may not be even swaps. What is the fair market value of the house? Does it need repairs to realize any value from it? The retirement account is not liquid and can result in in penalties and interest if reduced to cash. And don’t cash in the retirement account! You will bring unnecessary penalties to yourself that are not necessary. There is a way to divide the retirement account post-divorce where the non-participating spouse will not be penalized. But it needs to be done correctly. Finally, a division that is just and right may nor may not be a 50-50 division. A lot of factors, including the assets of both spouses and their respective earning powers and the tax effect of the division should all be taken into consideration.

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How to identify signs of parental alienation during divorce

 Posted on January 01, 2021 in High Conflict Family Law

When a spouse exhibits hostile feelings toward their partner, children are often caught in the middle. This can lead to feelings of anger, fear or resentment towards one parent by the children. This is often referred to a parental alienation.

Parental alienation is a common syndrome in many divorces. This can result in children refusing to see or even talk to an alienated parent. This attitude can even influence Texas child conservatorship decisions.

What are the signs of parental alienation?

In a perfect world, divorcing parents put the needs of their children first, and many do. However, others driven by anger and bitterness against a spouse may lose sight of that and manipulate a child usingguilt or even direct disparaging remarks to damage the other parent's credibility. Signs of parental alienation include:

Navigating child custody with a bipolar ex-spouse

 Posted on December 01, 2020 in Child Custody

You and your spouse have decided to part ways. You want your child to maintain a close relationship with both parents, but you also want to keep your child safe. You’re concerned about how your ex's bipolar disorder could affect their parenting abilities. Here are some considerations to keep in mind:

Symptoms of bipolar disorder

Bipolar disorder is a mental illness characterized by extreme mood swings. During such episodes, bipolar sufferers may act in a way that's different from how they would normally behave. They may exhibit signs of either mania or depression – and will alternate between these two states:

  • Depression: Individuals in this state are often sad, exhausted and apathetic. They may be disinterested in things they would normally enjoy – such as hobbies or friends. They may find it difficult to get out of bed. This condition could affect a parent's ability to care for their children – from preparing meals to holding down a job.

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All I want for Christmas . . .

 Posted on December 01, 2020 in Child Custody

The year 2020 has delivered many hardships and heartaches. Whether you have been personally affected by COVID-19 itself (or have a family member or friend who has) or have managed to remain healthy, we have all been affected. Some have suffered job losses, schools just do not look the same, many are engaging in school at home guided by parents who are trying to navigate the virtual work and school environment. However, all negatives have a positive opposite. We have learned new skills, embraced technology, spent more one-on-one time with loved ones, and connected in new ways with our children. For divorced parents, co-parenting has become even more important, and many families have gotten creative to ensure that their children can still enjoy positive relationships with both parents. Co-parenting during the holidays is stressful in the best of times. Here are a few tips for co-parenting during the holidays in the midst of a pandemic.

First, try to get on the same page about the pandemic. Leading health experts are warning us that there will continue to be a rise in cases during the months of December through February, and many of us are seeing such a spike in our communities. The Texas Supreme Court has made it very clear that the pandemic does not override Court ordered possession schedules. However, if you or your child has been exposed, communicate with the other parent, quarantine when necessary, and keep everyone safe. But do not use the pandemic as an excuse to cut your child's other parent out of the picture. Children still need love and time from both parents!

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COVID-19 reveals fractures in many Texas marriages

 Posted on December 01, 2020 in Divorce

The coronavirus pandemic has taken a tremendous toll on a majority of Americans. Hundreds of thousands have died, and millions more have suffered economic hardship due to job loss and other lost opportunities.

While vaccines are being distributed, these impacts of the virus are likely to be felt for months to come. COVID-19 has also exacted a toll on many marriages, some that were already struggling before the pandemic arrived.

Reasons for divorce during the age of COVID

The news hasn’t been all bad for married couples. Some marriages have become stronger as spouses pull together during a challenging time. However, being together in tight spaces with nowhere to go has forced others to reexamine their relationships, and many have not survived the scrutiny. Some of the top reasons for divorce during this time are:

  • Communication issues magnify: For couples already unable to talk openly about areas of disagreement and concern, the anxiety created by the virus and their inability to communicate only makes their frustrations worse.

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Options for dividing your home in a Texas divorce

 Posted on December 01, 2020 in High Net Worth Divorce

For many people going through a divorce, the family home will be the largest asset divided. While Texas is a community property state, that doesn’t necessarily mean marital property is split evenly. Instead, courts typically distribute assets in a“just and right” manner.

Despite the monetary value of a home, it's also one of the most challenging issues from an emotional standpoint due to the years and memories you’ve already invested. It's even more difficult for parents who don’t want to uproot their young kids from familiar surroundings.

Get an accurate appraisal

Obtaining a precise valuation of your home is essential to receive your fair share. While realtors use comparative market reports to determine a home's value, divorcing couples should work with a licensed appraiser, who considers additional factors. This is especially crucial when high-end upgrades are made to the property.

Options for your family home

Once the value has been established, there are a couple common ways to proceed:

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What things do I need to avoid when planning for my divorce?

 Posted on October 01, 2020 in Divorce

Ending a marriage can take a devastating emotional, physical and personal toll on everyone involved. That anxiety often leads spouses to make poor decisions in the heat of the moment.

That's why it's crucial that you control your emotions and focus on all the vital things that can help you reach the best outcome and the promise for a new and brighter future.

Avoid unnecessary conflict

An acrimonious divorce process can create long-term effects, such as financial stress, mental health problems, behavioral issues in children and future co-parenting difficulties. With the help of an experienced family law attorney, you can maintain significant control by focusing on three areas:

  • Child custody and support
  • Dividing property
  • Spousal maintenance

Other complicating actions to avoid

While focusing on those three areas can help you begin your new life on solid footing, other actions that can derail, delay or complicate the process, including:

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