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Dallas Family Law Blog

Address credit accounts, debt during property settlement process

When it comes time for a divorcing couple to discuss how the parties will separate their shared assets it can be hard for individuals to let go of certain items they do not want to see in the hands of their exes. Whether it is the family home, a vacation property, or another asset of value that causes strife during property settlement negotiations, Texas residents fight hard for the things they want to keep after their divorces are finalized.

However, not many individuals fight to retain the debts that they accrued during their marriages. Like assets, liabilities must be divided up by individuals so that creditors are still paid despite the demise of the borrowers' martial relationship. Similarly, credit-based accounts should be managed or closed to ensure that the parties cannot harm each other's credit through the use or misuse of shared post-marital accounts.

Co-parenting not working? Here is what you can do.

Nowadays, many divorced parents agree on joint custody and decide to co-parent. It is often in the child's best interest to maintain the relationship with both of their parents. However, emotions run high during and after a divorce, and they can easily turn hostile. So, what can parents do when co-parenting is just not working? 

One answer could be to modify the custody or parenting agreement, but if the parents are committed to co-parenting, there are a few tips they can follow to make it a little easier.

Taking control through a mediated divorce

During a divorce a Texas resident may feel as though they are losing control of their life. As their marriage ends they may see their time with their kids dwindle as they agree to custodial plans and their finances dip as they work out support and property settlements. A divorce is a stressful event that forces individuals to either make compromises or submit to rulings over which they have no power to control.

Viewed in this light, a traditional courtroom divorce can be incredibly hard on a person. However, readers of this family law blog should know that not everyone who wants to divorce must go through the stress and strain of litigation. Mediation is an option for those who wish to have control over the outcomes of their divorce negotiations and there are many other benefits that may enjoy through the process.

Dedicated advocacy and support for Texas divorce clients

Getting a divorce can be scary. Not everyone will have to face the reality of ending their marriage, and those who do may be terrified of setting themselves up for their new lives once their unions are severed. In Texas, men and women who plan to divorce can do so with the help of family law and divorce attorneys. Getting a divorce does not have to be something that a person does all on their own, but can be an experience shared with a committed legal professional who is dedicated to their client's needs.

A divorce attorney can help a person from the very beginning stages of planning for divorce. Before even filing a pleading a divorce attorney can advise their client of what grounds may be used to secure a divorce in the Texas courts and how courts look at important matters such as property rights, custody, and spousal support.

What does it mean to have physical custody of a child?

If a Texas resident has not had to deal with child custody matters in their own personal life then it is likely that they have experienced the challenges of custody through the eyes of their friends or family members. They may be familiar with the scheduling hassles that may ensue when a child has to switch between their parents' households and the problems co-parents have when they do not believe that the others are being fair with regard to their time with their kids.

Child custody does not have to be a contentious topic between parents and co-parents can successfully raise their kids if they have clear expectations and rules to follow when it comes to the care of the shared children. This is particularly the case when parents share physical custody of their kids.

What do I need to do to file for divorce in Texas?

Starting the divorce process in the Texas courts requires individuals to meet certain conditions. In order to make sure that one is secure in their understanding of what will be expected of them and knowledgeable about the laws that will affect them, readers are encouraged to discuss their divorce plans with their family law attorneys. Legal representatives can support their clients as they end their marriages and supplement their understanding with information that can greatly improve their divorce outcomes.

First, in order to file for divorce, a person or their spouse must have lived in Texas for at least six months prior to the filing. Additionally, in order to know what court they may use, the Texas resident must have lived in the same county where the filing was submitted for at least 90 days. A pleading for divorce in Texas may allege certain types of fault as their grounds or may pursue the state's no-fault option.

Tips for protecting assets during a long divorce

Everyone wants to get through a divorce as quickly as possible due to costly court fees, emotional turmoil and the additional stress of dividing assets. However, a “quickie divorce” may cause more problems in the future.

For example, it takes a significant amount of time to divide assets between spouses. If the process is rushed, a spouse may lose or give up assets they wanted to protect. Luckily, there are ways to ensure your asset division is done efficiently and accurately.

Alimony basics during a Texas divorce

It is possible for a Texas resident to secure alimony, referred to as spousal maintenance in Texas, during their divorce. However, getting this form of financial support takes more than just asking for it. If the parties to a divorce do not agree to spousal maintenance terms in an agreement of their own making then one of the parties will have to ask the divorce court to grant them post-divorce financial help from their ex.

The first step toward securing spousal maintenance in a divorce is showing a court that the requesting party cannot pay for their basic reasonable needs. This may mean that without help from their ex the requestor cannot pay their rent or mortgage, or that they are unable to buy themselves food or pay their utilities with the money they have on their own. In marriages where one partner earns all of the money the other can be financially disadvantaged when divorce occurs.

What is legal custody of a child?

The legal custody of a child is an important responsibility for a person to accept. In Texas, parents generally have legal custody of their kids but when those parents go through divorces the status of their parental rights may be put into question. Generally, divorces will address two forms of child custody and will give parents certain rights based on what will serve the best interests of the children subject to the custody determinations.

Although physical custody involves deciding where a child will live and which parent will be responsible for their day-to-day needs, legal custody has to do with making important choices about a child's upbringing. A parent who has the right to exercise legal custody may be a part of discussions over where the child should go to school or where the child should attend religious services. A parent with legal custody can interject their opinions on whether their child should undergo certain medical procedures or receive care from certain individuals.

Marital property division rules during a Texas divorce

A Dallas couple can work their whole lives to acquire the wealth and possessions they need to ease themselves into retirement and to have enough left over to bequeath their kids an inheritance. However, if the parties to a Texas union elect to end their relationship in divorce, they may see their hard earned assets divided up and each may leave their marriage with less than they believe they should. In Texas, community property rules govern marital property divisions and this post will briefly touch on some of the property considerations individuals should make when approaching their divorces.

Community property generally means that all assets acquired by the partners to a marriage are martial unless they can be demonstrated to be separate. For example, a person may be able to show that a parcel of property should be considered separate if they owned it prior to marrying their soon-to-be ex-spouse. In Texas, personal gifts, inheritances, heirlooms, and other assets directed exclusively to one partner to a marriage may be considered the owner's separate property during a divorce.

Your case doesn't have to ruin your life. We will craft a strategy focused on addressing the issues of concern most important to you. We will get you through this.

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