Posted on October 01, 2021 in Child Custody

Divorce can be a very “me-centric” experience for Texas parents, and that's understandable. We’re all human, and when your once-loving marriage ends, it's understandable how bitterness and anger can threaten to consume you.

But when you have children, it's crucial not to let those feelings overwhelm you and your former spouse's responsibility to lessen the pain for your kids. Many have also found that conquering those negative feelings by focusing on their children's well-being can provide relief.

Don’t give in to these co-parenting “don’ts”

Our last article focused on two approaches to co-parenting with your ex and added some tips for healthy problem-solving outcomes. Here are some common actions every co-parent should try to avoid:

• Don’t trash talk: Making rude or angry comments about the other parent in front of a child can be seen as a way to sabotage their relationship. In many cases, this backfires, and the child may come to resent one or both parents.

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 Posted on October 01, 2021 in Divorce

“Just be glad you don’t have children.” Statements like that often come from well-meaning friends or family members trying to console others who choose to end their marriage.

While divorces not involving co-parenting issues may be less complicated for some Texas spouses, the experience is just as painful and one that requires diligence in protecting your future.

Divorcing later? Plan now!

The first days of fall have arrived, and the holidays are right around the corner, so you may have already decided to wait until next year to file for divorce. That may seem like a lot of time but use it wisely. Here are some things to consider:

1. Gather financial information for you and your spouse. If you’re not sure what to look for or where to find it, talk to an experienced family law attorney.
2. Stay organized by constructing a “divorce folder” digitally or on paper. You may also want to create a new email address for communicating with your lawyer.

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 Posted on October 01, 2021 in Co-Parenting

The holiday season is filled with a lot of joy and fun activities for Texas families. But some divorced parents look to them with dread when navigating parenting time with their former partner.

Parenting plans typically include major holidays like Christmas and Thanksgiving, but others like Halloween are frequently left out. The keys to keeping the day “scary but fun” for your children are planning and cooperation.

Halloween options for co-parents

Since Halloween falls on one night per year and is a community-based holiday focused on trick-or-treating, it can be more challenging for parents to divvy up. Still, many options exist, such as:

• Alternating years taking kids trick-or-treating
• Splitting the day's festivities, with you going to school functions and the other taking the child trick-or-treating, or vice versa
• Scheduling who will attend public or private events happening on different days
• Putting differences aside – attending events and taking your children trick-or-treating together

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 Posted on October 01, 2021 in Spousal Maintenance

Spousal maintenance – also referred to as “alimony” in many jurisdictions outside of Texas – continues to be among the most controversial issues in family law. This is partly because of media influence. Some spousal maintenance cases – such as those involving celebrities – are published in the mainstream media, and sometimes the amounts of maintenance awards can be astounding to observers. Spousal maintenance won’t stop being controversial anytime soon, but the reality of maintenance is quite different from what lay people often assume. In this post, we’re going to give a quick review of spousal maintenance and how this concept works here in Texas.

Spousal Maintenance is Based on Two Basic Conditions

Not only is spousal maintenance not award in all cases, the qualifications for spousal maintenance are actually quite high in Texas. To qualify for spousal maintenance, the requesting spouse needs to meet two conditions: (1) the requesting doesn’t have the means to provide for basic needs at the time of the divorce, and (2) one of four other circumstances must be present:

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 Posted on October 01, 2021 in Co-Parenting

Thanksgiving and Christmas are full of robust and joyful times. But if you and your child's other parent have a challenging relationship, the season can be anything but jolly.

You and your co-parent have many factors to consider when scheduling parenting time, such as your kids’ ages, the distance between households, family religious beliefs and traditions.Much of what you decide depends upon how well the two of you get along. If it's a combustible relationship, it's best to put differences aside and focus on your children's happiness.

Setting a sensible schedule

Holiday schedules are usually included in your Texas parenting plan, but co-parents typically choose one of two ways to share time.

• Trading years: One parent keeps the kids for the entire winter break on odd years, and the other gets them during even years. They flip-flop possession for Christmas and Thanksgiving, so that each parent can spend one of the major holidays with their children.

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 Posted on October 01, 2021 in Divorce

No matter how your divorce unfolded, there is no question that divorce can be one of the most challenging experiences a person can go through. Divorce can be a stressful and emotionally draining experience for multiple reasons. For one thing, divorce represents the breakup of a very powerful relationship, the type of relationship which many people expect to last a lifetime. In addition, the divorce process itself is complex and can require an enormous amount of time, energy and money. Given the heavy demands which divorce can impose, people should take the time to develop strategies to cope with the toll of divorce. People in any stage of the process can benefit from these tips – those at the beginning, middle, or finish line.

#1: Reach Out to Friends for Support

As your divorce comes to a close, it can be tempting to isolate yourself from others. Some people withdraw because this seems like a good temporary way to cope with the situation. The truth, though, is that you should try to reach out to your friends for emotional support during this time. Divorce represents the end of a relationship, and this is all the reason to reach out to friends and embrace the existing relationships you have. Your friends can be a tremendous source of comfort and support during this challenging time.

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 Posted on September 01, 2021 in Family Law

Common law marriage is a rapidly disappearing concept in American family law. This is reflected in the fact that very few states throughout the country recognize common law marriage in their legal system. Texas is among the few states left in the union which still recognize this unique institution. In this post, we will discuss the basics of common law marriage here in Texas, highlight how this institution can be created, and point out the contexts in which this institution has the most significance.

Basics of Common Law Marriage

Common law marriage – commonly known as “marriage without formalities” or “informal marriage” in Texas law – describes a relationship which has the outward appearance of marriage without the formality of marriage. In other words, the couple doesn’t have a certificate of marriage signed and approved by the state. The couple has many of the external signs of being married, such as living together, sharing bank accounts, sharing expenses, filing joint tax returns, and so forth.

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 Posted on September 01, 2021 in Spousal Maintenance

Recently, we have discussed some of the basics regarding child support awards and spousal maintenance awards. As we saw, both of these obligations are based on complex systems built into the fabric of Texas family law. What we didn’t discuss in any detail, however, is the fact that both of these obligations can be modified after an initial determination. Depending on the circumstances at hand, a Texas judge can decide to change or, in the case of spousal maintenance, even eliminate an obligation altogether.

In this post, we will discuss some of the factors which go into the decision-making process underlying these modifications.

Modifying a Texas Child Support Award

As mentioned, child support awards are determined according to a well-established system in Texas. But, after an award has been created, this doesn’t mean that this obligation will remain in place indefinitely. Whenever there is a significant change in either parent's life, or the child's life, this change may be sufficient to amend the award.

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 Posted on September 01, 2021 in Divorce

As hard as it may be for younger people to believe, at one time, divorce was a very rare occurrence. In fact, in certain eras, divorce was almost taboo, something approaching a scandal. Things have changed substantially in recent decades, and now divorce is exceedingly common. What's more, the stigma of divorce has gradually dissipated as well. The stigma has receded in tandem with the increased frequency of divorce and changing perception of marriage and relationships in general.

In this post, we will look at some recent statistics on marriage and divorce to get a sense of what's going on here in the Lone Star State.

Divorce Rates in the State of Texas

Let's look at data from a few years ago, as this data are more readily available. Back in 2017, the divorce rate in Texas was 2.2 per 1,000 inhabitants. This rate represents a steady decrease in recent years. For instance, back in 1990, Texas had a divorce rate which was more than double the current rate at 5.5 per 1,000 inhabitants. By 2007, the rate had dropped to 3.3, and then in 2016 it was 2.6. So, although divorce is much more common now than it was several generations ago, the rate of divorce in Texas has actually been declining in the recent past.

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 Posted on September 01, 2021 in Child Custody

You and your former or soon-to-be-former spouse have already gone through a lot. Divorce is never easy, especially when you have kids and hard or angry feelings persist with your ex-partner.Chances are you have diligently worked to keep those emotions in check to avoid making things harder for you and your children. Now your goal becomes creating a peaceful co-parenting relationship.

Positive steps for healthy and productive co-parenting

Psychological studies show children of divorce can thrive when both parents remain actively and positively engaged in their lives. It may take a lot of work to get to a peaceful place with your ex, but here are some signs you are accomplishing your goal:

• Sticking to the schedule: Having a predetermined plan makes the arrangement easier for everyone and shows that you and your former spouse can honor your commitments to your children.

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