Posted on July 08, 2017 in Uncategorized

Being a military parent is difficult on family life. You may miss important milestones in your children's lives or have a hard time establishing a strong relationship when you are gone so often.

Divorce only compounds the problem, making it even harder to spend time with your kids when you can. It also adds complexity to child custody. Before you work out an agreement with your ex-spouse, be familiar with Texas law on military service and custody to ensure you do what is fair for both you and your children.

Texas law

The state will not punish you for serving your country. On the contrary, it will protect your parental rights, because having a connection with your children will benefit them in the long run. When you divorce, the court will use the same factors to determine custody and visitation as it does for parents who are not in the military.

Deployment

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 Posted on June 13, 2017 in Uncategorized

Divorce is a complicated and painful process for anyone, but many of the challenges are often exacerbated for military families. If you are going through a military divorce, you are facing unique legal issues and personal difficulties. You may be wondering how you are going to get through the separation in one piece.

One route you should consider is mediation. Mediation is a viable divorce alternative that benefits military families in multiple ways. Continue reading for the top reasons you might want to consider mediating your divorce.

1. Timely

Mediation is often a much timelier process than litigation. The right mediator can help you resolve your case within a few weeks or months. This is especially helpful for an active military member who is waiting for deployment. Ongoing mediation can also take place for a deployed military member via conference calls or video chatting software.

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 Posted on June 12, 2017 in Uncategorized

As a military parent, you may have concerns about how your divorce will affect your ability to spend time with your children. However, the courts recognize that it is in the children's best interests to maintain a healthy relationship with you.

Here are some ideas to help you keep up the bond you have with your children after divorce.

1. Create a military parenting plan

You and the other parent will create a parenting plan, just as any divorcing parents would. Within this plan, though, you should also include a temporary plan to follow during a deployment or in case of a transfer. The visitations during those times would focus on how the children will visit you when you have leave, as well as the travel details.

When your deployment or transfer ends, the conditions in your parenting plan should detail the restoration of your original custody rights. The Texas Attorney General's guide for divorced military parents suggests that you also include makeup visitation time to allow you and your children time to reconnect.

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 Posted on May 15, 2017 in Uncategorized

Dividing the marital property in a divorce can mean tackling a lot of complicated issues. Knowing some basics about how the process works can help you make informed decisions at the various stages of your case.

When divorcing couples litigate their case in court, the judge typically issues orders on disputed issues. Some couples who do not have major disagreements may opt instead to draft an agreement with the help of their attorneys. For others, mediation can provide a fruitful way to negotiate disputes. Whichever way you take, understanding the standard approach to property division can help you define your goals for the process.

Just and fair division

Many people think that in a community property state such as Texas, everything just gets divided in half. However, matters are more complicated than that. Judges consider a number of factors when deciding the fairest approach for a particular case.

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 Posted on April 13, 2017 in Uncategorized

Couples wishing to divorce in Texas have several legal hoops to jump through. One of these is the parenting plan, which Texas law requires you to submit if you are divorcing with children. Lawmakers introduced this requirement to promote the best interests of the children and encourage the parents to cooperate in setting up effective parenting arrangements going forward.

Understanding what to expect with your parenting plan and what to include will make it easier and faster to get through the process successfully.

The plan will be part of the final order

After the judge reviews and approves the plan, it becomes incorporated into the final custody order, which gives its provisions the force of a regular court order. Parents wishing to change any part of the plan after the judge issues the final order will need to formally request a modification from the court. For this reason, parents should think seriously about every part of the plan and not treat it as just another item on a paperwork checklist. Your attorney can advise you about potential legal and practical ramifications of certain points.

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 Posted on March 17, 2017 in Divorce

If you are going through a divorce, you probably cannot wait for it to be over and to be able to say you are single. Although 34 percent of children live in a single-parent home, the situation is still treated as though it is abnormal. You are not alone as a single parent, even though it can feel that way. There are things you can do to make the transition easier.

Practice self-care

You are going to grieve the loss of your relationship. Knowing this helps you be ready for those days when you just do not want to get dressed and be an adult. Take time to do things for yourself when the other parent has the children. It is okay to enjoy your time alone.

Set a budget

As a single parent, you are suddenly responsible for all the expenses in the home. If you can set a budget and stick to it, you will have more control over your finances. You may need to find a way to make extra income or cut expenses to reduce your stress over money.

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 Posted on March 09, 2017 in Divorce

Impending divorce can bring out the worst in a person, especially when it comes to finances. Many spouses begin squirrelling away assets in order to avoid having to share them with the soon-to-be-ex in the course of property distribution. If you are thinking about divorce, it pays to stay alert to signs of secretive financial activities. Otherwise, by the time the court is dividing up marital assets, the hidden assets may be long gone.

Sudden changes in spending and withdrawals

Abrupt and unexplained changes in financial habits can serve as a red flag. If your spouse suddenly begins withdrawing amounts of money and refusing to tell you what for, you may want to look further. Once withdrawn and turned into cash, the money will be hard to track.

Keeping secrets

If your spouse refuses to share information about income and expenses with you, do not let this go. Even in households where one spouse has assumed the bulk of responsibility for bills and financial paperwork, the other spouse should have access to accounts and be able to view statements. Refusing to provide you with access to information can mean that your spouse does not want you to know how much money he or she has and where it is going. Your spouse may also be using your personal information to secretly open credit lines for which you will bear responsibility.

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 Posted on February 08, 2017 in Divorce

The American Coalition for Fathers & Children reports that the "vast majority of kids want more time" with the non-custodial parent following a divorce. While there are some situations in which it is difficult to stay connected, in general, the State of Texas presumes that children need to have contact with both parents and encourages parents to stay involved with their children. If two people cannot live together and parent, how can they ever learn to co-parent following the divorce? It is possible.

Here are some tips to help you and the other parent work together:

• Remember that co-parenting is the best option for the children. It helps them to feel more secure, and they benefit from the consistency of rules and rewards between homes. It sets an example for getting along and for problem-solving that may help your child do better in school and social settings.

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 Posted on January 13, 2017 in Divorce

Divorce is seldom easy for anyone involved, but when there are young children, it can be much more difficult. That is because the effects of divorce on children are unique, and they differ quite widely according to the child's age. If you are facing a divorce and want to know how to approach the topic with young children, there are a few best practices that are well-supported by research.

Communication is essential

According to an article posted by the Michigan State University Extension, the key to helping young children understand and process the changes that happen during a divorce is communication. Depending on the age of the child, her or his level of understanding might be fairly limited. By openly discussing what is happening and why without assigning blame, it is easier for children to come to terms with those changes. The best results occur when parents communicate with the children together, and these tips can help things go more smoothly:

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 Posted on December 15, 2016 in Divorce

If you and your spouse are getting divorced and either of you have retirement plans, you may be required to share a certain amount of these assets. Whether you are receiving or giving up funds, it is important to understand how asset division applies to retirement investments.

Handling these assets properly is crucial to ensure the correct party pays applicable taxes.

Retirement plans are community property

If you had a benefit plan prior to your marriage, it is your property up until the date of marriage and does not require division. All property that either spouse acquires during the marriage is considered community property. This includes investment plans and retirement savings. These can turn out to be the assets with most value in a divorce. Examples of retirement plans that apply to divorce include:

• 401(k)
• IRAs
• Deferred pensions

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