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Pearland Family Law And Estates Blog

Refusing to Pay Child Support Comes with Serious Consequences

If you and your child’s other parent are not married or living together and you do not have custody of your child, you are legally obligated to make child support payments. The amount of child support that you must pay will be set by the court, and you have a legal obligation to make these payments on time and in full.

How to Deal with Hidden Assets in a Divorce

Before a divorce can be finalized, the parties in a divorce must reach an agreement about how to divide property and assets, as well as any debts the parties have. While parties can reach an agreement about these issues outside of court through mediation and negotiation, sometimes, a court must intervene.

Pitfalls to Avoid When Divorcing

Divorces can be difficult and emotions often run high throughout the process. This is particularly true when the couple has accrued a high net worth or when there are children involved. The tension and stress involved in these cases can sometimes cause people to act too quickly or to avoid taking action altogether. When this is the case, it causes some people to make mistakes that will have a negative impact on their final divorce judgment or settlement.

What is the Difference Between Collaboration and Mediation?

Collaboration and mediation are methods for divorce that are becoming more popular today. Both of these approaches focus on bringing the couple to an amicable and respectful agreement without the need for litigation. While the two are very similar, they do have their differences.

Create a Parenting Plan Based on Your Child's Current Needs

There are numerous issues to consider when creating a child custody plan. In addition to the parents’ needs and scheduling concerns, there are special considerations that come into play with children. Age and developmental levels are major factors, as are their school, sports, recreational, and social activities. The following provides some basic information on creating a parenting plan and tips for addressing your child’s current needs...

Handling Co-Parenting Carefully

Co-parenting, also called shared parenting, is when both parents work together in order to raise their kids despite the end of the romantic relationship or the marriage. Working together to co-parent can be better for everyone in the long run, as you do not want any further issues with your children struggling to adjust after the divorce or breakup...

Am I Entitled to My Parents’ Assets After They Pass Away?

What you are entitled to when your parents pass away is determined either by statute or by your parents’ express wishes. If they pass away without a will, their estate will be divided up based on intestate rules, which are the rules that apply when someone passes away with no will and/or trust that governs what happens to that person’s estate...

Do You Have to be Separated for a Length of Time Before You can File for Divorce?

For couples who are experiencing marital difficulties and contemplating filing for divorce, time spent apart from one another can provide a much needed break while allowing you to get some perspective on the relationship...

In Texas, do Stepparents Ever Have Rights in a Divorce?

Going through a divorce is stressful, no matter the circumstances. It can be particularly painful when there are children involved. As the result of your breakup and depending on any child custody arrangements made in your case, it can impact your relationship with your children and your rights as a parent for years to come...

What is Considered Parental Kidnapping?

Parents often have strong feelings about their role in their child’s life and strong opinions about how their children should be raised. If parents feel that a child custody order is unfair, threatens their parental rights, or puts the relationship between them and the child in jeopardy, they may be tempted to take the law into their own hands...

Tax Law May Affect Your Divorce in 2019

Sweeping changes were made to the federal tax code over the past year. While most people were originally optimistic that these changes would put more money in their pockets, the fact is they could have some negative impacts, particularly if you are separated from your spouse or contemplating a divorce...

What is the Benefit of Filing for Divorce First?

In addition to the emotional impact of going through a divorce, it can jeopardize your current and future financial security. As part of your divorce proceedings, you need an experienced Texas divorce attorney to ensure you get the maximum amount you are entitled to in terms of property division...

Is My Ex Entitled to My Retirement Income During a Divorce?

In addition to the emotional impact of going through a divorce, it can jeopardize your current and future financial security. As part of your divorce proceedings, you need an experienced Texas divorce attorney to ensure you get the maximum amount you are entitled to in terms of property division...

When Should I Create an Estate Plan?

It can be an unsettling feeling to think about the end of your life. However, soon or later, death is inevitable, and when your time comes, knowing that you have a plan in place to provide for your loved ones and the management of your estate can provide peace of mind...

Why Do You Need a Will?

Many people, especially those who are young, think that creating an estate plan is something that is only necessary if you are a high-asset individual, or if you are nearing the end of your life. This is far from true; nearly everyone can benefit from putting together a basic estate plan, and a will is one of the most essential estate planning documents...

What Does a Prenup Cover?

If you are engaged to be married and are getting ready to plan your wedding and your life with your partner, thinking about the creation of a prenuptial agreement is recommended. While prenuptial agreements are not for everyone, they can be useful and appropriate for many couples...

The Importance of Estate Planning for Millennials

The first reason you should meet with an attorney and start to put together an estate plan now, even if you are a young millennial, is that the future is unforeseeable; you never know when an unexpected event might occur that leaves you incapacitated, disabled, or deceased. Having documents like a power of attorney, healthcare directive, and living will in place can provide peace of mind in the event that you are incapacitated...

Can You Get Spousal Support/Alimony if You Remarry?

Following a divorce, many people eventually find themselves in a new relationship. If you are a partner who was ordered to pay alimony (spousal support), your new relationship or your potential remarriage is very unlikely to affect your alimony obligations in any manner. However, if you are receiving alimony..

Should Young Married Couples Have an Estate Plan?

It is natural for young couples to want to put off thinking about estate planning. Not only can estate planning feel like something that is ‘far away’, but it can also be emotionally uncomfortable to think about. Still, while the urge to put it off is understandable, estate planning is extremely important for young married couples. You are never too young to put an effective estate plan in place.

Do Grandparents Have Rights During a Divorce?

A divorce is challenging for all members of the family. For grandparents, it can be especially difficult to know what to do to support the family and where to turn to ensure that they will be able to continue having a strong, positive relationship with their grandchildren.

Don’t Discuss Your Divorce on Social Media

Getting Divorced in Texas? Stay Off of Social Media Until Your Case is Resolved. In the modern world, social media has become an almost ubiquitous part of many people’s lives. According to the most recent data from the Pew Research Council, more than 68 percent of Americans report that they use social media on a regular basis.

Think about how your divorce will impact your Texas retirement

Couples headed toward divorce often disagree about the terms, including how to handle child custody and asset division. When you can't set the terms between yourselves, you will have to rely on the courts to make those critical decisions for you. That can leave you in a position where you have no power over the outcome of the divorce.

It's only natural to wonder what the likely outcome of your divorce proceedings will be, especially when it comes to significant assets. From your house to your fine art collection and retirement account, knowing how the courts view and handle various assets makes it easier to understand the likely results of your divorce. Retirement accounts, in particular, may be a point of contention for older couples facing divorce.

3 options for the family business in a divorce

When you and your husband opened your business in Pearland you probably did not have divorce on your mind. Unfortunately, now that the end of your marriage is looming, there are a series of tough decisions you will have to make. For instance, you will have to decide if you want to keep the house or sell it and split the profits.

You will have to make similar decisions concerning the business. Will you stay in and try to continue working with your soon-to-be ex-husband? Or are you thinking about selling your half to him and starting your own business? The following are some options that might be available to you in regard to the family business if you plan to divorce.

Can your ex move your kids out of Texas after the divorce?

For many parents, one of the hardest things about going through a divorce is seeing less of the children. Losing out on precious time with your kids on holidays, birthdays or just mundane school days can be heartbreaking for a parent. The thought of seeing even less of them if your ex moves back home to another state is devastating. You may feel like you have no control, especially if your spouse has temporary custody before you go to court.

Thankfully, Texas law protects the rights of both parents. Unless there is a history of abuse, the courts typically prefer shared custody arrangements. Other issues, like unstable living situations or addiction, could also impact how the courts approach custody decisions and enforcement of parental rights. In general, sharing parental responsibilities and limiting the impact of the divorce on the children usually means staying in the same area.

Don't forget to include these items in your divorce settlement

Divorce can be a very difficult decision to make. In fact, deciding to divorce is just the first in a long list of decisions you will have to make before you walk away with a divorce decree. For some people, divorce marks a new beginning and can be a very positive step toward a brighter future. However, before you can move forward, you have to address certain issues, such as marital property division. For example, will you keep the house in Pearland or would it be better to sell it and split the proceeds?

Before you can make decision regarding property division, you have to have a full accounting of what you and your husband own. By leaving out assets, you risk losing out on property that you may rights to. To find out what kinds of assets people commonly overlook, read further.

Who will get to keep your house in a Texas divorce?

For many couples considering a divorce, the biggest concern is often the marital house. After all, a home is the biggest purchase most couples ever make, and the slowly accrued equity in the home can represent a substantial amount of the income of both spouses over the course of many years or even decades. Generally, the courts do their best to ensure that the equity in the home gets fairly divided during a divorce.

There are certain situations in which both spouses will not have a claim to the marital house. If one spouse owned the home outright before the marriage, the non-owner likely won't have any claim to the home or the equity established in it.

A forensic accountant can help you find hidden assets

People may act in questionable, unethical or even illegal ways in the weeks leading up to a divorce and immediately after beginning a divorce. Many times, verbal arguments happen. Other negative situations can include refusing to pay child support, refusing your spouse visitation and shared custody rights, and even the attempt to hide or squander marital assets.

Texas is a community property state that tries to find a fair and reasonable way to split assets. Generally, unless there is an existing prenuptial agreement on the books, most assets acquired during the marriage will get split between spouses. Knowing that assets are subject to division can prompt your spouse to do things like needlessly spend money or even try to hide assets.

3 things to think about for your gray divorce

Divorcing after 50 is not as uncommon as it once was. In fact, as gray divorces are happening more frequently, people over 50 are quickly becoming the leading demographic of divorcees. These later-in-life divorces are not only happening among individuals who are already on their second and third marriages. Recent studies have found that almost 50 percent of gray divorces actually consist of first-timers.

If you are over 50 and considering divorce, there are several things to know before you even begin the process. While you are probably already focusing on who gets the main residence in Pearland and who gets the beach condo on Galveston Island, there are several factors you may not have thought about yet. Read further to find out more about what you should know when it comes to a gray divorce.

Will refusing visitation affect your ex's chance at custody?

Going through a divorce is an emotional, complicated process. For those who can't see their children, it can be even more difficult. After all, your children are probably some of the people you love the most in the whole world.

If you weren't expecting a divorce, suddenly living separated from them can be difficult enough. When your spouse files, he or she can request temporary custody until the courts finalize your divorce. You'll receive visitation and a court order for child support. If you're getting denied regular visitation or shared custody while waiting for your divorce, it can be that much worse.

Will shared parenting become a reality for Texas dads?

If you are a divorced Texas dad, you may already know about a bill that has been working its working through the state legislature since its introduction in late November of 2016.

HB 453 thus far has gained little traction, as it has proven to be a very controversial piece of legislation. Texas fathers who are tired of limited time and authority over their children's lives have ardently supported its passage.

How to fairly split unusual assets during a divorce

Divorce is a complicated process. You and your former spouse are likely to disagree about what constitutes a fair division of assets. The higher your family's overall assets, the more likely it is that you will encounter some issues with unusual assets. Non-financial and non-traditional assets can complicate a divorce. In order to obtain a fair settlement and division of assets, you need to be able to put a reasonable and verifiable value on assets that could include things like sports memorabilia, fine art, real estate investments and even antiques. Doing so can be prove to be difficult on your own.

Working with an experienced Texas divorce attorney can help with this process. An attorney who knows Texas divorce and family law will understand how property is divided in Texas. An experienced attorney who has worked previous high asset divorces will also be able to help you connect with professionals that can place reasonable and accurate values on assets of all kinds. Additionally, a lawyer can help you determine if your former spouse is attempting to hide assets. The greater your overall marital assets, the more likely it is that one spouse may try to hide some assets from the courts.