Dividing community property is an important divorce issue, especially if the divorce has been planned for a long time because that gives one spouse time to conceal funds. How can you be certain your spouse has disclosed all marital assets during a divorce? The answer depends on how you divorce. In a litigated divorce, there is no duty to disclose, while in a collaborative divorce spouses agree to voluntarily produce all relevant information. A complex divorce generates … [Read more...]
Whether Courtroom or Conference Room: Four Collaborative Techniques That Every Attorney Should Practice
While divorce may be inevitable, the path to divorce is not. And family lawyers may have more influence than we realize. Collaborative divorce provides a team of specially trained attorneys and other professionals to guide clients through the divorce process without going to court. But what if the collaborative process is not available to a client? Don’t worry. Even in litigation, there are attorneys who leverage collaborative tools to create that “good divorce” … [Read more...]
What To Do When Your Child Refuses To Visit Your Ex
Many divorced parents wonder what they should do when their child doesn’t want to visit the other parent. Should they encourage their child to go on the visitation or let him or her decide? That depends on the child’s age–teens are old enough to make their own decisions, but younger children are not. Before you decide on a strategy, it’s a good idea to find out why your child is resistant to going on the visit. Ask your child why he or she doesn’t want to visit their … [Read more...]
Collaborative Divorce – What You Should Know
More and more in recent years, divorcing couples have been turning to a hybrid process known in Texas as collaborative divorce, which combines a lawyer’s advocacy and legal know-how with the problem-solving orientation of divorce mediation. The process begins when each disputant hires a collaborative lawyer who will negotiate, not litigate. The parties sign a disqualification agreement stating that they will hire a different lawyer if they decide to instead litigate their … [Read more...]
The Divorce Is Over – What Do I Need To Do Now?
No matter what type of divorce process you go through, Divorce is never easy! While a Collaborative Divorce will aid in maintaining family ties and co-parenting skills, the fact that you got Divorced means you’re just went through a major life change. Any Estate Planner worth their salt will tell you that any major life event, such as Divorce, will trigger substantial changes to your Estate Plan. Let’s look at the 6 Things you MUST do once your Divorce is Final: 1. Update your power of … [Read more...]
Top 3 Overlooked Financial Issues During Divorce
Divorce is commonly seen as one of the most stressful experiences one will ever go through. Along with all of that stress, you are also making financial decisions that will most likely affect the rest of your life and perhaps the lives of your children as well. For that reason, it’s always a good idea to get the advice of a Certified Divorce Financial Analyst™ or some other financial professional during your divorce process. Having another set of eyes on your situation is … [Read more...]
Qualifying Income Issues in Divorce
Although divorce rates are reported to be declining, many marriages still end in divorce. Most people know that a divorce can be emotionally draining, but they don’t always realize how financially draining a divorce can be on both parties. One of the biggest decisions to make while going through a divorce is what will be done with the family home. This is not just a financial decision, but also can be an emotional and logistical decision as well. Do children need to be kept in the same … [Read more...]
Why Does Collaborative Divorce Make Co-Parenting Easier?
Undoubtedly, divorce is one of the most difficult experiences for many people. Unwinding years of being together with one person is incredibly emotional. What makes it even more complicated is finding a way to navigate down this path when there are minor children involved. Many of my family law clients struggle to meet in the middle when it comes to raising their children in separate households. I had mentioned in my previous post that marriage is the ability to come … [Read more...]
Filing for Divorce? Time to update your Estate Plan!
There are many things we think will NEVER happen to us. One of them would certainly be Divorce, because who would get married knowing it would set them up to go through one of the most difficult and emotionally draining periods of their life? The second NEVER, which sadly does happen, is that we are all at risk of becoming incapacitated or worse, dying before the Divorce is over. And while we sometimes hear horror stories of divorcing couples where the soon to be ex-spouse “got-everything” … [Read more...]
Divorcing With A Special-Needs Child
Getting a divorce is hard on any family, but it’s especially difficult when a special-needs child is involved, because the burden of care and planning for the child falls mostly on the custodial parent. When a special-needs child is involved in a divorce, the issues of custody, visitation, child support, and division of community assets become more complex and require special attention. Standard child support and custody guidelines don’t address the extra costs and unique … [Read more...]
