Texas Child Custody Factors—An Overview When your marriage has ended and you have minor children, one of the most difficult decisions involves where your children will live and how much time they will spend with each parent. In Texas, child custody (now referred to as “managing conservatorship”) agreements or orders must consider the best interests of the minor child. The courts typically … [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...]
The Financial Cost of Venting to Your Divorce Attorney
Keeping Your Focus in a Divorce—Don’t Spend Needless Dollars Venting As a general rule, divorce lawyers only get paid one way—for the time they spend to complete your divorce. Some attorneys may charge a flat fee, but even those lawyers will draw the line if you continue to take up their time. When you are in the middle of a divorce, you can feel angry about a lot of things, and your attorney can … [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...]
Should I Remarry My Ex?
Should ex-spouses ever remarry once they’ve divorced? Says one ex-spouse, “There’s a reason why they’re your ex. Put them where they belong — in the rearview mirror. Move forward and leave the past behind.” On the other hand, it depends on why you divorced in the first place and why you are considering remarrying. If you believe that your spouse has magically changed and that things will … [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 … [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...]
Animal Custody — an Emerging Area of Family Law
People who live with dogs, cats, birds and other nonhumans consider those animals part of the family. They often even consider their animal as their child. So who gets to keep the family pet when a couple divorces, and how do you come to a fair decision on this critical issue? According to a recent American Academy of Matrimonial Lawyers survey, some 27 percent of attorneys have seen the … [Read more...]