There is no doubt that going through a divorce is extremely stressful. It is much akin to death. It is, in fact, the death of a marriage and nothing hurts like losing someone you love whether it is due to death, divorce or the breakup of a non-marital relationship. People go through the same stages of grief during a breakup that they would if their spouse died. Most of us have heard of Elizabeth Kubler-Ross’ five stages of grief: denial, anger, bargaining, depression, and acceptance. All of us … [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...]
Do You Own a Business and Need a Divorce?
You and your spouse may want to consider a Collaborative Divorce if you own your own business. Why? 1. Minimize disruption of business operations. Sometimes when business owners are divorcing, the business’ employees will find out there is a pending divorce and then become fearful that they will lose their job for fear that the business will be sold or go under because there is a pending divorce. The employees do not know the details behind their scenes, therefore, all they can do is … [Read more...]
Three Gals in a Car: 2022 Conference Takeaways
What a wonderful conference and one of the best parts was that we were all able to be face-to face with our lovely colleagues. The 2022 TexasBarCLE Collaborative Law: From Bush League to Big League conference was filled with exceptional presentations, fun activities, and gifted professionals. While driving back to Austin, the three of us thought it would be insightful to discuss the key takeaways we each had. It turned into an idea for a blog, which we hope will illicit many practitioners … [Read more...]
Understanding How The Collaborative Process Works
According to the statute, we get into collaborative by signing a participation agreement. If you're not working under the family law statute, you're just signing a contract to enroll you into the process in a case such as a probate matter or a civil litigation dispute. The statute says collaborative means you have dedicated settlement counsel and must have two lawyers. We sign a participation agreement that says the collaborative lawyers will not be litigation counsel if this opts out of … [Read more...]
Bankruptcy and the Collaborative Process
Many couples who face divorce do so because they have been experiencing significant financial difficulties. These financial woes may be one among many factors, or perhaps the only factor, that has led to the breakdown of the marriage. These difficulties may be exacerbated by going from a dual-income household to a single-income household, perhaps due to job loss, illness, or another significant life change. When couples face these issues and decide to file for divorce, it is important to … [Read more...]
Co-Parenting Post Divorce: What Does It Really Mean?
One of the biggest challenges facing parents who are divorcing is how to create and maintain a healthy and effective post-divorce relationship, especially when it comes to (co)parenting their children. We know from the research and clinical experience that the single most important predictor of a child’s adjustment post-divorce is the level of conflict between their parents. In fact, parental conflict itself—whether divorced or intact—is a major factor in a child’s healthy development—or … [Read more...]
