The Collaborative Divorce Process in Texas

If your marriage is over, but you want to end things amicably, or if you need to maintain a positive relationship with your ex for the benefit of your minor children, the traditional divorce process may not be the best way to go. Instead, you may want to consider the collaborative approach to divorce. Here's how it works. In the collaborative approach, you and your former spouse each hire your … [Read more...]

Determining the Best Interests of the Child

In Texas, when you have filed for a divorce and there are minor children in the home, decisions will have be made regarding managing conservatorship (formerly custody) and access (formerly visitation). Under state law, the standard used to make those decisions is the "best interests of the child," an approach that promotes the mental, physical and emotional needs of the minor. Though the courts … [Read more...]

The Grounds for Divorce in Texas

Though efforts have been made in recent months to eliminate the no-fault option for divorce in Texas, you can still seek to dissolve your marriage without stating specific grounds. However, there can be benefits to assessing fault in a divorce, particularly when it comes to custody, visitation and spousal support. Here are the causes that may legally be stated for the dissolution of a marriage in … [Read more...]

The Common Reasons People File for Divorce

No Big Surprise—The Top Ten Reasons People File for DivorceIn a recent study that looked at more than a thousand divorces, the top ten reasons people sought to end a marriage came as no surprise. Here they are:Number 10: Money problems Number 9: One of the parties was physically or emotionally abusive Number 8: They had stopped doing things together Number 7: One or both or the parties had … [Read more...]

Texas Military Divorce Laws

Understanding Military Divorce in Texas If you are an active duty soldier in Texas or are married to someone in the armed forces, and you want to get a divorce, there are some special issues you must address. Protecting the Rights of Military Personnel A federal law, known as the Soldiers and Sailors Civil Relief Act, allows a Texas court, at its discretion, to postpone a divorce proceeding for … [Read more...]

Can Documents Produced in Mediation Be Used in Litigation?

The Mediation Confidentiality Privilege: How Broad Is It? When you seek to resolve a dispute through mediation, one of the reassurances you will often receive from counsel is that “all mediation communications and documents are privileged.” On its face, this seems to indicate that any documents produced for purposes of the mediation may not be subject to disclosure in subsequent litigation. But … [Read more...]

Important Questions to Ask about Whether You Want the House in a Divorce

Knowing Why You Want the House in a Divorce Though divorce can sometimes feel like war, it’s not supposed to be a competition, with a winner and a loser. Unfortunately, many parties treat it that way, particularly with respect to property. The perception is often that the party who takes home the most property is the winner, and that award customarily goes to the person who keeps the marital … [Read more...]

Managing Your Emotions During a Divorce Proceeding

Keeping Your Emotions from Derailing You during a Divorce Divorce has been called “the living death.” You have many of the consequences you would have had, had your spouse passed away. But they’re not gone. In fact, for many, you have regular contact with them, as you shuttle minor children back and forth between custodial and non-custodial parents. The emotions that you experience during a … [Read more...]

Hidden Assets — Is It Really Possible to Find Them in Divorce?

All too often during a divorce, one of the spouses is not playing it straight when it comes to assets. They stash cash in the hopes of keeping it from their soon-to-be ex. They lie, they cheat and they don’t want their schemes to be revealed.However, there are ways to search for and find hidden assets. First, there is such a thing as a forensic accountant. These are individuals whose profession … [Read more...]

Fighting Over Custody of Our Dog

Dogs are the animals that people fight over most when going through a divorce. In fact, some 88 percent of custody battles involving pets are over dogs, according to a recent survey of lawyers from the American Academy of Matrimonial Lawyers (AAML). Ruff!Some states allow pet custody disputes, while others do not recognize the legal standing of pets. This means that in those latter states, … [Read more...]

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The Keys to a Successful Stepparent Adoption in Texas

When you've been through a divorce with minor children and you've remarried, there can be a lot of benefits to having your new spouse legally adopt your children. It can allow your new spouse to obtain job-related benefits for your child and can allow your new spouse to make medical, educational and other

Interstate Visitation – Creating a Plan that Works

It's a fairly typical situation in 21st century America—in the aftermath of a divorce, one of the parties relocates to another state, either for a job, to be close to family or simply for a fresh start. If there are minor children involved, though, there can be limitations on moving, particularly for

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