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Recent Blog Posts

3 myths people still believe about child custody

 Posted on September 05, 2018 in Uncategorized

Divorce is typically a straightforward process, but there are times when it can become substantially more complicated and heartbreaking. For instance, some couples in Texas have contemplated divorce so that they can afford medical care for their ill or disabled children.

Another factor that can make divorce harder is the litany of myths that persist about the process. In particular, child custody creates a lot of headaches. That is why it is important to separate fact from fiction.

Myth #1: As long as there is equal custody time, neither parent has to pay child support

In most cases, parents will share joint custody of any children. Even if the custody is a perfect 50/50 split, one parent may still need to pay the other child support. The goal of child support is to resolve any income disparity between the two parties. Children should enjoy the same lifestyle and resources with both parents.

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Do I have to modify my custody order if I am being deployed?

 Posted on August 03, 2018 in Uncategorized

If you are in the military and are scheduled for deployment, it is natural to wonder if you need to go through legal channels to change your custody order. The best person to ask about your particular situation is your lawyer.

In general, it can be wise to ask a temporary custody order, but you do not necessarily have to.

Custody cannot be permanently changed because of deployment itself but…

Courts cannot permanently change custody because of deployment. However, a temporary custody order is an opportunity for you to set up legal channels for people such as your parents or spouse to visit your children while they are with their other parent. It can also address matters of child support and how often you get to communicate with the children while you are deployed.

If your co-parent is not suited for custody

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3 ways that mediation can help you maintain control

 Posted on July 11, 2018 in Uncategorized

When you are in the middle of a divorce, it can seem like everything is out of control. The future that you had planned is suddenly changing, and it can be easy to get sucked into a cycle of bitterness and resentment towards your ex. If you want to minimize conflict and maintain control over your life and divorce, mediation may provide the solution that you have been looking for.

Mediation allows separating couples to avoid court and instead hammer out the details of their divorce in a neutral, mediated environment. According to the American Bar Association, it is generally a shorter process than a litigated divorce, and this means it is also less expensive. How can mediation help you maintain control, too?

1. Prevent narrative from spiraling

You might be concerned that your ex will use court as an opportunity to give a narrative of your divorce that does not align with yours. Divorce tends to be messy, and in an unmediated environment, untrue narratives can very easily propagate. Mediation, on the other hand, allows both parties to focus on the details that really matter without letting editorial context claim control.

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4 myths about divorce mediation

 Posted on June 06, 2018 in Uncategorized

The divorce rate has slowly declined in Texas. In 2015, there were only 2.6 divorces for every 1,000 inhabitants, which is down from a divorce rate of 5.5 in 1990.

Before any couple proceeds with the divorce, both people should seriously consider going through mediation. Although many people associate mediation with uncontested divorces, they can be beneficial even if the couple has significant disagreements about how to divide assets. You may decide mediation is best for your divorce after you realize the following common myths are not actually true.

Myth #1: It is easier to simply go through lawyers

Both spouses will still need to hire attorneys even if they go through mediation. However, they can both save money and time by working out key issues before heading to trial. Once the mediation sessions are over, both lawyers can review the documents and submit them for approval in the court.

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Should my new spouse have a say in what my children do?

 Posted on June 04, 2018 in Uncategorized

When you remarry, it is normal to wonder about the role that your new spouse will play in your children's lives. For example, what say, if any, should the new spouse have in what your children do? Does the spouse weigh in on rules? Do you expect your spouse to help pay for your children?

There are no easy, cut-and-dried answers. What is best depends on many factors and can change considerably in just a short time. Here are some things to think about as you ponder this question.

What your ex's family setup is like

If your ex has a romantic partner or spouse, particularly a longtime one, then your children may be used to how they handle things. For instance, if the children are accustomed to their stepparent asking them to do chores and obliging these requests, they might not give a second thought to your spouse doing the same.

What the relationship between your spouse and the children is like

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What happens to military pension after divorce?

 Posted on May 08, 2018 in Uncategorized

If you are a member of the U.S. Armed Forces, or if you are currently involved in a divorce from a member of the U.S. Armed Forces, you may have questions about the division of military pension once your marriage officially ends. Maybe you have concerns about having to share your pension with your former spouse, or maybe you feel you have a right to at least some of it and want to make sure you understand your future needs with regard to saving.

Regardless of your reason for asking, there are certain rules that govern how couples divide military pension in divorce. In Texas, which is a community property state, any money given to the military retirement account during the marriage becomes the property of both parties. However, any money placed in the account prior to the marriage remains the exclusive property of the military member.

Additional details

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How does divorce mediation work?

 Posted on April 05, 2018 in Uncategorized

If you are contemplating a Texas divorce, your life undoubtedly is in turmoil right now. Not only are all your hopes and dreams crashing around you, you and your spouse likely have numerous issues regarding your children, the possibility of spousal support, and how you will divide your marital property. Nevertheless, it is highly unlikely that either of you looks forward to an expensive, protracted and nasty divorce. Surely there must be a better, less stressful way to split up.

There is. Today, more and more divorcing couples are finding that mediation is the answer they are searching for. Unlike a traditional litigated divorce, mediation lets you and your spouse maintain control over your respective lives by making your own decisions, not leaving those decisions up to a judge.

Hiring a mediator

If you think that mediation is the right choice for you, the first thing you and your spouse must do is hire a mediator. This is a neutral person who represents neither of you, but rather is highly trained to act as your facilitator and "referee" while you resolve your own differences. Each of you has the opportunity to first meet with your mediator privately to lay out your issues, concerns and mediation goals. Then, your mediator provides a neutral, non-threatening environment, such as a conference room, where the three of you will begin meeting.

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Key benefits of divorce mediation

 Posted on March 18, 2018 in Uncategorized

Couples who get married usually plan to be together forever. However, that does not always occur. For those who may be contemplating a divorce, it can be helpful to understand a few things about the process.

Outside of court, divorce mediation is a common option for dissolving a marriage. There are a few key benefits in choosing mediation.

Cheaper

Mediation tends to be a less expensive means of divorce. By cutting out the court fees alone, divorcing couples stand to save a good amount of money. Even if the mediation takes a few sessions, the cost is still quite less than litigation.

Efficient

Not only is mediation a cost-effective option, but it is usually less time-consuming. While people must adhere to the court's schedule during a traditional divorce, a divorcing couple may select the times and dates that work best for them during mediation. Also, this process allows the couples to keep most of the power in their own hands. In order for the mediation to be successful, the two parties must listen to each other and negotiate terms that both can agree with. This type of environment may be beneficial for parents needing to create a co-parenting agreement.

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What schools should do for you and your co-parent

 Posted on March 05, 2018 in Uncategorized

By now, schools are used to students who have divorced parents. However, some schools and teachers are better at handling these situations than others. Still, you and your co-parent should expect a minimum of consideration from the school.

To that end, here is a look at how schools should communicate with co-parents who have legal custody of their children.

Clear policy

You should not have to contact, say, five people to find out how to ensure both you and your co-parent receive school communications. The policy should be clear and the process smooth. You can tell your ex how to get communications, but it is his or her responsibility to enlist for this service, not yours or the school's.

School records

The school should have the names and contact information of both legal parents listed on the child's school records.

Accessibility

The school should send emails and mailings to both parents' addresses. Similarly, if the school has an online login system for parents, both parents, not just one, should have the ability to access it. Parents should equally receive information about parent-teacher conferences and, if applicable, IEP meetings. If the child uses a journal, day planner or some sort of tracker, then the parent who has the child in his or her care at the moment should have access.

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3 essential tips for divorcing peacefully

 Posted on February 06, 2018 in Uncategorized

Contrary to what you may believe, your divorce does not need to be nasty. While it will probably be painful and difficult at times, you and your soon-to-be ex-spouse may be able to work together to get an amicable divorce. It will be better for everyone-including your kids-to divorce as quickly and harmoniously as possible.

So how can you avoid wasting years and tons of money in a contentious divorce? Here are some guidelines for ending your marriage as smoothly as possible.

1. Surround yourself with supportive people

The feelings of rejection and loss may make you crave isolation, but this will only make things worse in the long run. Close friends, family members and a counselor can help you cope with the inevitable pain of ending your marriage. These people can help you sort through your emotions and figure out ways to handle them constructively. When you can manage your emotions, you will be able to go through your divorce more calmly.

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