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Collaborative Divorce
As the negative effects of acrimonious divorces on families become better understood, more and more couples are attempting to dissolve their marriages amicably through collaborative divorce. Collaborative divorces allow couples to work together in coming to an agreement about property division and custody arrangements. This process can save both parties a substantial amount of time and money, while also eliminating a significant amount of stress. If you are considering a divorce, it is important to retain the services of an experienced child custody and divorce attorney who can explain your legal options.
Legal Requirements
During collaborative divorces, each party hires his or her own attorney before signing a legally binding Participation Agreement. In Texas, a Participation Agreement must adhere to certain requirements, including that it:
Default Judgments
In Texas, a person filing for divorce must serve his or her spouse with a copy of the petition for divorce. The recipient is then required to file a written answer within a certain time period. Failing to do so can have serious consequences, including the issuance of a default judgment against the respondent, so if you have been served with a petition for divorce, it is important to contact an experienced complex divorce attorney who can explain your legal options.
Procedural Requirements
To initiate a divorce, one party must file a petition containing all of the basic information about the couple, including the date of the marriage, the date of separation, and the ages and names of any children. The petition will also contain requests for the court regarding property division, child support, and custody. The respondent must then submit an answer, which simply acknowledges the receipt of the divorce petition and states whether the respondent agrees or disagrees with the petition. The answer should also clearly state the recipient’s position on the other spouse’s statements and proposals.
Drafting a Prenuptial Agreement
No couple wants to consider the possibility that their marriage will end in divorce. However, it is often in the best interests of all parties to take precautions for this possibility by drafting a prenuptial agreement that will govern how property will be distributed in the event of a divorce. A couple who does not create a prenuptial agreement risks an unfair division of marital property during dissolution, so if you are considering marriage and have questions or concerns about drafting a prenuptial agreement or if you already have one in place and are pursuing a divorce, it is critical to contact an experienced complex divorce attorney who can explain your legal options.
The Contents of a Prenuptial Agreement
Prenuptial agreements can go a long way towards giving couples peace of mind regarding property division and alimony. However, only certain issues can be covered in prenuptial agreements, including:
Divorce Season Following the Holidays
In the midsts of the holidays, not everyone is full of cheer and happiness. Thousands of homes across the country are in the middle of strife and anxiety, more than that associated with entertaining for the holidays. Recent studies show an increase in divorce cases following the holidays. Many psychologists offer possible reasoning for the rise.
Bad Gifts
In most divorces following the gift-giving seasons, the gift actually may be the straw figuratively breaks the camel’s back. Although the gift is not the primary reason for divorcing someone after several years or even decades of marriage, each year the other spouse has renewed hope that this year will be better. When a gift is given that solidifies incompatibility between spouses, many lose the faith of improving conditions. Unless the gift is truly outlandish, the recipient has predetermined based on other factors that unless their spouse “knocks this one out of the park,” the marriage is over.
Military Deployments and Child Custody
Making custody arrangements is one of the most legally complex and emotionally draining aspects of any divorce. These situations can become even more stressful when one or both of a child’s parents are members of the military. Although Texas family law specifically addresses these issues, navigating the court system and fulfilling procedural requirements can still be difficult, so if you are considering a divorce and either you or a spouse are a member of the military, it is critical to contact an experienced complex child custody attorney who can help explain your legal options.
Deployment of a Custodial Parent
Many custodial parents are also members of the armed forces and so are subject to deployment. In these situations, Texas law permits custodial parents to designate another person to take temporary custody of the child. After assessing the child’s best interests a court will grant custody to one of the following individuals:
Court-Ordered Holiday Visitation Schedules
In Texas, parents who are involved in divorce proceedings have the option of drafting a parenting plan that sets up a specific visitation schedule. However, when a couple is unable to come to an agreement, the court may choose to implement the standard visitation schedule created by statute, which guarantees parents visitation with their children on certain holidays. Determining when a parent has visitation with his or her child can be difficult and emotionally taxing, but by failing to come to an agreement outside of court, parents largely give up their control over the terms of the custody arrangement, which can lead to an unsatisfactory result for all parties. If you are considering a divorce and have questions or concerns about visitation on holidays, it is important to obtain the advice of an experienced child custody attorney who can help you draft a parenting plan that is in your child’s best interest.
Determining Child Support in Texas
In Texas, parenthood comes with certain legal responsibilities, such as providing for a child’s financial needs. While most child support awards are determined during divorce proceedings, courts can also order payment when a child’s parents are unmarried. If you live in Texas and have questions or concerns about child support, it is important to contact an experienced child support lawyer who will aggressively represent your child’s interests.
Calculating Child Support
Each child support arrangement is based on what the court deems is in each child’s best interest. To simplify the process, however, Texas lawmakers provided a formula to help courts determine the appropriate amount for a child support award. The calculation requires parents to provide proof of their annual gross income, which includes:
- Earned income;
Spousal Maintenance Awards
Aside from custody issues, one of the most contested matters in a divorce proceeding is property division. As part of determining which party will be granted ownership of certain assets, courts often take into account whether one spouse will be required to provide the other spouse with periodic maintenance payments. Determining whether a spousal support award is appropriate can be a difficult matter to resolve and can also have serious financial repercussions for all parties, so if you are considering filing for divorce and have questions about how your marital property will be divided or whether you will be eligible to receive spousal support, please contact an experienced high asset divorce attorney who can help explain your legal options.
Establishing Eligibility
A party can only obtain spousal support if he or she can satisfy specific eligibility requirements. For instance, a party requesting support must provide evidence that he or she lacks sufficient assets to provide for his or her reasonable minimum needs and:
Modifying a Custody Agreement
The primary concern of family court judges when creating a custody agreement is that the arrangement be in the child’s best interest. In some cases, this requires courts to modify an existing custody agreement due to changed circumstances. Establishing that a modification is in the best interest of a child can be difficult, so if you live in Texas and believe that a modification of your custody arrangement is necessary, it is vital to speak with an experienced child custody attorney who can explain your legal options.
Requirements
Either parent can petition the court for the modification of an existing custody arrangement as long as they can provide evidence that modification would be in the best interest of the child and:
- The circumstances of the child, a parent, or another party affected by the order have materially and substantially changed;
Legally Changing a Minor’s Name
After an adoption or disestablishment of paternity, many parents wish to officially change their child’s last name. This process can be complex and requires strict adherence to certain court procedures, so if you are interested in legally changing the name of your child, it is crucial to retain the services of an experienced complex child custody attorney.
Petition Requirements
Only certain individuals are permitted to file a petition to legally change a minor’s name, including the child’s:
- Parents;
- Legal guardians; or
- Managing conservators.
All petitions for a name change must contain specific information, including:
- The child’s current address and full name;
- The full name being requested;
- The reason behind the request for a name change;
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