The role of custody evaluations in a divorce is to determine what is in the best interest of the children. A child custody evaluator will gather information from interviews with the family and also by gathering documentation, from the parties as well as other “collaterals” such as neighbors, teachers, therapists, etc. The evaluation will then decide what is the children's best interest going forward. A custody evaluation doesn't happen in every divorce, but it can be court-ordered, or it can … [Read more...]
Visitation And Residency Restrictions – Time And Distance Is The “Driver”
When clients are considering their proposed visitation/possession schedule or residency restriction, whether they are preparing for negotiation, option building, or requested relief from a Court, there are certain overriding issues they should consider. Clients who are considering something other than standard possession and residency restrictions should begin by thinking about the population increases in Texas, current and ongoing road construction projects, school schedules and … [Read more...]
In Resolving Divorce and Child Custody Disputes What Do Truth and Justice Mean?
In March of this year at the State Bar of Texas Annual Collaborative Law Conference I delivered the closing speech. This was the third time in a row I was asked to be the last speaker at the Conference. In 2020 I talked about The Power of Hope. In 2021 I spoke on Love in Time of Covid. In 2022 I spoke on The Love of the Game. I replayed videos of my interviews with divorced couples, divorce attorneys, and professionals in mental health and finance as to what they … [Read more...]
Collaborative Divorce: Preserving Relationships Post-Divorce
I recently lost a family member to cancer. Some people might not think of us as family, because he was my ex-husband. But because we divorced collaboratively, we were able to remain family from the very beginning of the divorce process up until I held his hand on his deathbed. As hard as it has been watching my children lose their dad, it has also been reassuring knowing that our sons felt loved, nurtured, and cared for, by both of us. That is because we made the decision to be the best co … [Read more...]
Divorce and Rising Interest Rates
Divorce already takes an emotional, mental, and financial toll on the family. The current real estate market has added to that with increasing interest rates, declining house prices and diminishing values in certain asset accounts Nationwide, there’s a shortage of available houses – especially at lower price points – compared to the number of would-be homebuyers. For a while, there was tons of talk of offers being made above asking, inspections being waived, no contingencies, bidding wars, … [Read more...]
Common Sense: Smart Clients Understand
Many clients think they are savvy negotiators, but they often fail to understand how their behaviors and attitudes towards each other throughout any divorce process effects the end result. What you and I see as common-sense negotiation tactics, are anything but that to our highly agitated divorce clients. We have all seen the Wife make digs at the unfaithful husband continuously throughout the divorce case. While such disparagement likely makes the wife feel a bit satisfied for a few … [Read more...]
Three Texas-Sized Divorce e-Myths
In the post-information age in which we live, we can literally find an answer to any question within seconds at the touch of a button or a question to Alexa. However, finding accurate and relevant information can be much more challenging, especially when it comes to finding answers to frequently-asked questions about divorce. There is quite a bit of misinformation on the internet today about divorce laws in Texas. Here are three of the most common e-myths: 1. Texas is a “50/50” State. … [Read more...]
When is Collaborative Law the Best Solution to Divorce?
At the beginning of the collaborative process all parties must sign an agreement that they will not go to court. As a result, if the process does not work, the attorneys must withdraw, and the parties must select new attorneys. In Dallas and Austin collaborative law is well-known as an option that works well for some couples seeking a divorce. In Houston, collaborative divorce is gradually becoming better known. What exactly is collaborative divorce and when should you refer someone to a … [Read more...]
When You Only Think You’re Saving Money On The Divorce
Getting divorced (and doing it well) is an expensive task.If someone were to do the impossible task of removing all the emotional complexity out of, it would be a lot like dissolving a business partnership. You must decide how to disentangle and rearrange all these things: FinancesHome(s)CarsKids schedules (maybe)Retirement plan(s) Most people struggle to handle tough decisions like this at any time - let alone when things are so emotionally difficult.ADDITIONALLY: There is financial … [Read more...]
Who Gets Fluffy and Fido In The Divorce?
Although many of us consider our pets to be family members, the Texas Family Code still considers them to be property, for the purposes of a divorce. If your pet was acquired, adopted or purchased during the marriage, most likely the pet is community property. That means that a divorce court would have to decide who to “award” Fido or Fluffy to as part of a “just and right division” of the community estate. If the pet was previously owned by a spouse or given to a spouse as a gift, or … [Read more...]
