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Recent Blog Posts

What Are the Pros and Cons of Collaborative Divorce in Texas?

 Posted on September 13, 2023 in Collaborative Divorce

TX divorce lawyerDivorce is difficult and tiring, usually leaving people in emotional and financial turmoil. Collaborative divorce is a great strategy to try to reduce the negative impact of divorce. While a collaborative divorce has benefits, it is not suitable for everyone. If you want to learn more about collaborative law so you can make an informed decision, consult an attorney. They will help you navigate all the advantages and drawbacks unique to your situation. 

What is Collaborative Divorce? 

Collaborative divorce is a process that allows divorcing couples to plan their divorce decree carefully and with the help of as many professionals as necessary. Rather than litigating their differences in court, couples using collaborative divorce will discuss their issues proactively and rely on the help of other people to solve their problems. This could include: 

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Do Children Testify in Child Custody Cases?

 Posted on August 24, 2023 in Family Law

Collin County divorce lawyerWhile many issues can cause conflict and fighting in a divorce, one of the most emotional issues is child custody. No parent wants to be separated from their child, but in most divorces, neither parent will have their child with them 100 percent of the time. In the best of circumstances, the couple will be able to negotiate a custody and parenting time agreement, however, most Texas divorce attorneys can attest that it is often the court that ends up making that decision.

How Does the Court Decide Custody?

In every child custody case, the goal of the court is to decide custody based on the best interest of the child standard. There are a number of factors that the court will examine when making this determination, including:

Does a Spouse’s Cheating Have a Financial Impact on Divorce Outcome?

 Posted on August 16, 2023 in Divorce

Collin County, TX family lawyerOne of the most devastating things that can take place in a marriage is if one spouse cheats on the other. Whether the cheating was a one-time event, a long-term affair, or a pattern of behavior, infidelity destroys the trust that the couple had for each other and crumbles the foundation of the marriage. Many marriages are unable to survive the transgression(s). The question many injured spouses have is how or will the other spouse’s cheating impact the outcome of the final divorce decree. The following is a brief overview, but for more detailed information regarding your specific circumstances, it is important to consult directly with a Collin County divorce attorney.

Does Cheating Affect the Division of Assets?

Texas is a community property state, meaning that the marital estate will be divided in a 50/50 split. Although the court cannot punish a cheating spouse by awarding them less of their share of the marital estate, there may be situations where the court can hold the spouse financially responsible if it can be shown that marital funds were used for cheating. This is legally referred to as “dissipation of marital assets.”

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Be Aware of How Your Social Media Accounts Can Be Used Against You in a Divorce

 Posted on July 24, 2023 in Divorce

McKinney Divorce LawyerSocial media has become such a major part of many people’s lives, but it can also play a significant role in divorce proceedings. In some cases, the opposition in a divorce may exploit social media platforms to gain an advantage or further their interests. If you are going through a divorce and have social media accounts, it is important to be aware of how your accounts could be used against you. To ensure you are protected, speak with a seasoned divorce attorney.

Gathering Evidence

Social media platforms provide a treasure trove of information that can be used as evidence in a divorce case. Your spouse’s legal team may scour your social media profiles to find posts, check-ins, photos, or videos that can be taken out of context or used to support their claims. For example, they may use posts showing lavish vacations or expensive purchases to argue against your financial need or claim that you are an unfit parent based on questionable behavior displayed online. This also includes any photos or videos your friends and families post that you are in.

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Classifying Marital and Non-Marital Property in a Texas Divorce

 Posted on July 14, 2023 in Divorce

McKinney Divorce LawyerIn a Texas divorce, assets and property are divided under community property laws. This means that marital property is divided equally. Generally, marital assets include assets acquired during the marriage. Non-marital assets – also referred to as separate – are usually excluded from the division and stay with the spouse that originally “owned” the asset. If you are going through a divorce, it is important to understand how courts qualify assets and property and what this may mean for your financial future. The following are some of the assets that could be deemed non-marital assets.

Assets or Property Acquired Before the Marriage

Assets acquired by either spouse before the marriage are generally considered non-marital property. For example, if one spouse owned a house or had investments prior to the marriage, those assets would likely be considered non-marital.

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Will Alimony Be Awarded in My Texas Divorce?

 Posted on June 23, 2023 in Divorce

McKinney Alimony LawyerSpousal support, also known as alimony or spousal maintenance, is a legal arrangement where one spouse provides financial assistance to the other spouse after a divorce or separation. Years ago, it was almost guaranteed that in a divorce, the husband would be ordered to pay the wife alimony. However, that “guarantee” is no longer the case, and judges only award alimony under specific circumstances. And it is no longer just the husband who pays alimony – there are many divorces today where the wife is ordered to pay the husband.

The following are some of the common factors that judges consider when there has been a request for alimony payments.

Standard of Living

The court considers the standard of living established during the marriage. If one spouse is unable to maintain a similar standard of living after the divorce, spousal support may be awarded to help them transition and adjust financially.

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What Is a Collaborative Divorce?

 Posted on June 14, 2023 in Collaborative Divorce

McKinney Divorce LawyerNot all divorces need to be angry and contentious. A collaborative divorce is a unique approach to ending a marriage that aims to promote cooperation and open communication between the divorcing spouses. In a collaborative divorce, the parties, along with their respective attorneys, commit to resolving their issues outside of the courtroom through negotiation and problem-solving. If you are considering ending your marriage via a collaborative divorce, the following are some key points that you should be aware of.

Voluntary Participation

Collaborative divorce is a voluntary process that requires both spouses to agree to participate in good faith. They must be willing to work together to reach mutually satisfactory solutions without resorting to litigation. The cornerstone of a collaborative divorce is open and transparent communication. Both spouses and their attorneys commit to sharing all relevant information and working together honestly and respectfully.

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Understanding Father’s Rights in a Child Custody Case

 Posted on May 23, 2023 in Family Law

McKinney Family Law AttorneyUp until the past 20 years or so, it was generally assumed that in a child custody case, the mother would likely get primary physical custody of the child and the father would have visitation. However, as societal norms have changed, so too has the attitude about fathers’ rights to custody, and the legal system is recognizing the importance of involving fathers in their children's lives post-divorce. The following are some of the reasons why these changes have taken place. If you would like to learn more about the father’s rights and child custody regarding your situation, contact The Ramage Law Group for more information.

Gender Equality

One of the key arguments supporting a father's right to custody is the principle of gender equality. It is widely acknowledged that both parents play crucial roles in a child's development and well-being. Granting equal custody rights to fathers ensures that they have the opportunity to build strong relationships with their children and be actively involved in their upbringing. This benefits not only the father but also the child, as it provides them with a sense of stability, emotional support, and access to a diverse range of parental perspectives.

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How Are Retirement Accounts Handled in a Texas Divorce?

 Posted on May 12, 2023 in Divorce

McKinney Divorce LawyerWhen a couple makes the decision to end their marriage, there are many issues that they need to address. One of the most complex of those issues is the division of assets. Part of those assets often include retirement accounts, such as 401(k)s, IRAs, and pensions. These accounts can be a significant part of a couple's financial portfolio, and they can be particularly difficult to divide because of their tax implications and complex rules. The following information is a brief overview of how retirement accounts are addressed in divorce. For more detailed information, speak with an experienced divorce attorney.

Marital Estate

Under Texas family law, retirement accounts are considered marital property if they were acquired during the marriage. This means that they are subject to division in a divorce. However, the specific rules and procedures for dividing retirement accounts can vary depending on the type of account it is. Retirement accounts are different than regular savings and checking accounts and funds cannot just be withdrawn at any time.

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Can I File for Child Custody Modification in Texas?

 Posted on April 26, 2023 in Family Law

Collin County Child Custody LawyerWhen a couple decides to end their marriage, there are many issues that need to be decided. One of the most important issues is what type of child custody arrangement will be worked out. This can also turn into one of the most contentious issues that linger long after the ink has dried on the divorce decree.

Depending on the age of the children, it is not uncommon for there to be modifications to the original order, especially if there has been any significant change in the circumstances of either parent or the child. If you are considering a custody modification, it is essential to understand the legal requirements and the factors that the court will consider when making a decision.

Reasons for Modification

Texas has very specific rules regarding when a parent can file for custody modification. Otherwise, given the acrimonious relationship many co-parents have, the Texas family court system would likely be overrun with modification petitions for issues that parents should be able to work out without the court’s intervention.

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