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5 Steps to Take Before Filing for Divorce in Texas
Filing for divorce is a big decision that requires careful preparation. If you are considering ending your marriage in Texas, there are several steps you can take beforehand that can help protect your rights, streamline the process, and reduce stress. Of course, if you are thinking about divorce, the most important step is to speak with a knowledgeable Texas divorce lawyer who can help you understand the state’s divorce laws and the process you can expect.
Step 1: Understand Your Finances
Whether you are struggling financially, you have a significant marital estate to divide, or you fall somewhere in between, divorce certainly brings about financial changes. Before you can consider how you and your spouse will divide your assets, you must first understand what those assets are and where you stand.
Before you file for divorce, you should collect documents, including:
Understanding Separate Property in a Texas Divorce
In Texas, all of your marital property is considered to belong equally to both spouses. This means that in a divorce, marital assets are to be divided 50/50. However, not everything you own is marital property. Most married people have some assets that are legally considered separate property. Your spouse has no claim to your separate property. It is yours to keep when you get divorced. You may need to prove that a certain item or account is your separate property, especially if your spouse resists allowing you to take what is rightfully yours. One of the main problems with separate property is that it is very easy for a married person to inadvertently contribute his or her individual assets to the marriage, rendering them marital property. If you have significant separate property, your Parker County, TX division of marital assets attorney can prioritize protecting it.
When Can One Parent Get Sole Custody in Texas?
Courts often try to avoid sole custody arrangements where only one parent has an opportunity to spend time with the child. Even if a parent is far from perfect, courts usually find that it is in the best interests of the children to maintain a relationship with both parents wherever possible. Courts will normally only consider sole custody arrangements when having visitation with one parent would be harmful to the child. While many parents in the heat of a child custody battle threaten to "go for full custody," cases where one parent is left without court-ordered visitation time are very rare. If your child’s other parent is demanding sole custody and there is nothing to suggest that you are a danger to your children, you likely do not need to worry. However, you should be represented by an experienced Palo Pinto, TX child custody lawyer who can stand up for your rights as a parent in court.
What Makes January the Most Popular Month for Divorce?
More divorces are filed in January than in any other month. Conversely, very few divorces are filed in December and November. There are a few things driving the high rate of divorce filings in January, such as a desire to time divorce around the holidays. Few people want to initiate a divorce that could become ugly or separate the children from a parent just before major winter holidays. There may also be financial and practical reasons for waiting until the new year to initiate a divorce. If you are considering getting divorced in the coming month, know that you are not alone. It is important to find a Palo Pinto, TX divorce attorney who can continue giving you personalized attention during this busy time of year.
Timing Divorce Around the Holidays
The holidays have a major effect on divorce rates. A few of the ways the winter holidays may drive up the divorce rate in January include:
5 Key Benefits of a Prenuptial Agreement
A prenuptial agreement is a legal document a couple signs before marriage that addresses how assets and debts will be divided in the event of a divorce. While it has gained a reputation as being an instrument of the wealthy, a prenuptial agreement has several benefits that make it a useful tool for many couples. It can, for example, keep the spouses from taking on unnecessary debt and make the divorce process quicker and smoother.
Although some couples may feel uneasy planning for a divorce scenario, signing a prenuptial agreement is a great way for a newly married couple to begin a stable and responsible life together. Here are five key benefits couples can enjoy by signing a prenuptial agreement. Keep in mind that a prenuptial agreement is most effective when drafted by an experienced Texas family law attorney.
A Prenup Helps Protect Premarital Assets
In Texas, couples who get divorced are entitled to assets that belong to both parties, which is referred to as marital or community property. Premarital assets owned by one spouse can sometimes become community property, like if the other spouse contributes to them significantly. A prenuptial agreement can protect these premarital assets by specifying that they will not become community property.
How Is Debt Divided in a Texas Divorce?
When a couple gets divorced, both spouses are entitled to share certain assets and property. In Texas, those are referred to as community property. While in some states community property is divided fairly, in Texas it is generally divided equally. This means that most possessions acquired during the marriage will be split in half between the spouses. However, Texas law says courts should divide community property according to what is "just and right."
Community debt works the same way. Couples who get divorced must often submit financial disclosures listing each of their assets, expenditures, and debts. Those debts are divided equally between both spouses by default, but there are exceptions.
In this article, we will explore how debt is divided in a divorce, how courts make decisions about community debt, and how to contact a Texas divorce attorney for more details and legal services.
When Co-Parents Disagree About a Child’s Social Media Use
The perils of social media for children are becoming a widely discussed topic. Cyberbullying, predators, addiction, propaganda, and sexualization are just some of the dangers concerning parents about social media for kids.
The issue has even caught the attention of policymakers. Earlier this year, Florida Governor Ron DeSantis signed a law banning social media for children under 14. More recently, Australian Prime Minister Anthony Albanese announced legislation to do the same.
Now, Texas has taken measures to protect kids from social media. The SCOPE Act, which came into effect this week, requires parental approval for children to have social media accounts. It also provides parents with tools to monitor and control their children’s use of social media to some extent.
This begs the question: what happens if two divorced parents with child custody disagree on whether their child should have a social media account?
This article will explore the rights and responsibilities of parents under Texas law and how they apply to a child’s social media use. Consult a Texas child custody attorney for more details or if you have questions about your particular case.
What Is the Role of a Mediator in a Texas Divorce?
Mediation is a popular and effective way to get divorced. Approximately 80 percent of couples who attend divorce mediation reach settlements, saving themselves large amounts of time and money that might have been spent on drawn-out court battles. Mediation has proven so successful, in fact, that judges often order couples to participate in divorce mediation before hearing the case.
The divorce process has many parts that provide many opportunities for disputes, which are often resolved with the help of a mediator. This article will focus on how mediation can help divorcing couples, the role of a mediator, and how to contact a Texas divorce mediation attorney.
What Is Mediation?
Mediation is a type of alternative dispute resolution, which means resolving a dispute outside of court. It is a private process in which both parties negotiate with each other through a mediator. Mediation has several advantages over litigation:
Does Property Division in a Texas Divorce Include Frozen Embryos?
Debates between those who consider frozen embryos persons and Texas state law that designates frozen embryos as property went to the Texas Supreme Court for a definitive decision. On June 14, 2024, the Texas Supreme Court declined to consider the case of Antoun v. Antoun, which involved three frozen embryos that were awarded to the husband during a Texas divorce trial.
An IVF consent form from the fertility clinic specifically stated that the husband would be awarded the frozen embryos in the event of a divorce. The trial judge relied on this consent form when deciding the issue. The wife then filed a motion for reconsideration, arguing the embryos must be treated as human beings rather than property, which would require a different standard—one that determines custody rather than disposition of assets.
The District Court declined to reconsider the issue, and an appeals court affirmed that decision in July 2023. The wife then petitioned for a review with the Texas Supreme Court. The Court refused to hear the case with no comment. It is unclear whether or not the wife will take the case to the U.S. Supreme Court. The Texas Right to Life group also filed an amicus brief before the Texas Supreme Court, arguing that frozen embryos should be treated like children rather than property during a divorce.
Gay Divorce in Texas
While signs that read “Love is Love” and advocating for same-sex marriage were fighting for all people to have the right to be legally married regardless of sexual orientation, there was also another area of law that would be newly opened to the LGBTQ+ community. Once the state of Texas legalized same-sex marriage in 2015, it meant that the field of divorce needed to be expanded to accommodate same-sex couples as well. While gay divorce is in large part quite similar to straight divorce, with a lot of the same issues needing to be worked out in a settlement, there are some aspects that make it stand apart. If you and your spouse are thinking about getting divorced, speak with a qualified Parker County, TX family law attorney to understand what is involved and how to get the process started.
Similarities Between Gay and Straight Divorce
Gay couples have to meet the same conditions for getting a divorce in Texas as straight couples.
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