Characterizing property owned by a couple is an important part of any divorce and the existence of a trust can complicate the process, especially if it’s an irrevocable trust established during the marriage. On the other hand, an irrevocable trust established prior to a marriage will help a spouse prove that funds in the irrevocable trust are separate property. However, an irrevocable trust established during the marriage often complicates the characterization and division of the … [Read more...]
4 Bad Habits of Co-parents and How to Break Them
It’s not a secret that co-parenting is a job in of itself, one that requires many hours of on-the-job training. And since there is so much emotional labor involved, one or more parties might be tempted to lean on bad behaviors in moments of exhaustion or frustration. Here are some bad habits to avoid as a co-parent and how to avoid them. 1. Using your child as a messenger Learning how to be functional co-parents is an extremely taxing and emotional process, so it can seem like an … [Read more...]
Divorce Is A Family Affair
Divorcing with children involves the whole family. One day, everyone knows where everyone is and where things go and what the rules are, the next day everything has changed. Parents do everything they can to ‘keep the kids out of it’, to let them know it isn’t their ‘fault’ and that these decisions are parent decisions. Collaborative Divorce supports parents and helps them see the child’s concerns and address them in unique ways. Fear Of The Dark Children fear the dark and monsters. … [Read more...]
Collaborative Divorce Is An Option Worth Considering… Because We All Love Our Children.
Divorces are never easy, and truth be told, the lawyer you choose might set the tone of how your Divorce progresses (and pretty much the rest of your life, if you are not careful). Shocked? Me too! So let me explain. There seems to be a general view that a divorce must be an anxiety-riddled event, full of dread, ill will, and bickering, and some attorney will make this a reality. So beware when you choose your attorney! Those who advertise themselves as “fighters” or other terms that … [Read more...]
Discovering Hidden Assets During A Collaborative Divorce
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...]
