During a litigated divorce, judges must decide who will have the right to make non-emergency decisions about children’s living arrangement, where they will attend school, their medical care, and their religious training. Courts may award sole custody to one parent or give both parents the joint right to make decisions about their children. Having sole custody means one parent need not consult with the other parent when making decisions about the children. On the other hand, … [Read more...]
What To Do When Your Spouse Says He Or She Wants A Divorce
What do you do if you’re the person on the receiving end of the news that your marriage is ending? You have had no chance to prepare yourself to respond when faced with a devastating event that will change everything. You have raged or screamed or reeled and experienced feelings that are so large and overwhelming that you thought they would grab you by the heels and drag you down into the depths of despair until you drowned. You may have begged and pleaded with your spouse or replayed … [Read more...]
What To Expect In A Texas Divorce
Both parties are frustrated during a divorce, because the spouse who wants the divorce feels the process is too slow, and the spouse who wants to save the marriage wants to slow things down. Ultimately, the outcome of your divorce will depend on whether you choose a collaborative or an adversarial divorce. A collaborative divorce offers many benefits, including privacy, lower cost, transparency, client control, convenience, preserving family relationships, protecting children, … [Read more...]
Five Types Of Married Couples
Based on numerous studies of how married couples interact, John Gottman has sorted couples into five types: Validating, Volatile, Conflict-Avoiding, Hostile, and Hostile--Detached. Validating, Volatile, and Conflict-Avoiding couples are generally happy in their marriages, Hostile couples are unhappy, but none of these types are likely to divorce. On the other hand, Hostile-Detached couples are unhappy and may be heading toward divorce. Each type is different, but you can know … [Read more...]
How To Divide Property In Texas
Texas courts are mandated to divide marital property in a “just and right” manner, but that doesn’t always mean a 50/50 split. Texas courts consider many factors when dividing a marital estate. For example, if one spouse commits adultery, family violence, is a felon, or abandons the marriage, courts may award a larger share of community property to the innocent spouse. It also matters whether the property in questions is characterized as community or separate, because Texas … [Read more...]
Seven Marriage Destroying Habits
Everyone has habits that annoy their spouse, but some behaviors can destroy your marriage if you don’t change. The good news is it’s probably not too late to change those habits and rebuild your marriage. Below are the seven common habits that can destroy any marriage if they continue. Addiction. Being addicted to social media, gaming, food, alcohol, drugs, shopping, smoking, or gambling can destroy the strongest marriage. If you are addicted to anything, stop and … [Read more...]
New Holiday Traditions While Divorcing
Holidays can be difficult for children during a divorce. To ease the pain, establish new traditions for you and your children to enjoy over the holidays. New Christmas activities will bring you and your children together and give them joy during this trying time. If possible, plan a joint Christmas celebration with your spouse because that will help your children feel you both still love them. If that’s not practical, plan new activities for you and your children to … [Read more...]
The History of Divorce – Part 4
During the 11th Century, Pope Gregory VII excommunicated all Eastern Orthodox Christians because he was competing with the head of the Eastern Catholic Church for Papal power. The Eastern Orthodox Church never adopted the view that celibacy is the preferred way of life for Christians, and Eastern Priests were allowed to marry and divorce. Eastern Orthodox divorces required a judicial trial and courts granted divorces on grounds of impotence, attempted murder of a spouse, long … [Read more...]
‘Til Death Us Do Part Even After Divorce
‘Til Death Us Do Part – The Unintentional Fulfillment of Their Marital Vows, Even After their Divorce A former client called me today to ask what to do with regard to child support since her ex-spouse had died. After I told her, she thanked me for my help in their divorce. They divorced collaboratively. She went on to describe that in the eight plus years since their divorce, they had co-parented successfully. She said that even though people around them wanted them to hate each other and … [Read more...]
Using the “F” Word In Divorce
In a divorce case, we have a rule about not using the “F’ word. No, it is not that word, but it is the word “Fair”. Everyone wants a fair divorce settlement, but exactly what’s “fair”? There are two major issues that must be resolved in any divorce–how to divide assets and what to do about the kids. The major financial issues are to determine what assets belong to the community estate and what assets are separate property, who will pay child support, the amount of child … [Read more...]
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