6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
Can I Get a Divorce in Texas If I Am Pregnant?
The recent decision by the U.S. Supreme Court regarding Roe v. Wade has triggered a firestorm of both information and misinformation, from both sides of the political spectrum. One piece of information that recently went viral on Twitter was a post about it being illegal in five states to get a divorce if you are pregnant. One of the five states listed was Texas. This tweet has led many Texans to wonder if this is true or not.
Divorce When Pregnant
Although there is nothing in Texas law that specifically forbids a divorce while the wife is pregnant, the truth is that it is very rare for a divorce to be granted before the child is born. There are certain decisions that need to be made when a divorcing couple has a child, including child custody, visitation, and child support. If a divorce is granted prior to the birth of the child, those issues would not normally be part of the litigation and divorce agreement and would necessitate the couple having to go back to court after the child is born. Or, if they were included in the original divorce agreement and there ended up being special circumstances, those issues may have to be relitigated. Relitigating is something courts want to avoid, so any decisions about the divorce are held off until the baby has arrived.
Key Issues That Should Be Addressed in a Texas Parenting Plan
When a couple makes the decision to divorce, one common concern they often have is how to make sure the divorce will have the least amount of negative impact on their children as possible. It is well documented how much of an effect divorce and child custody has on families, with new living arrangements often needed, new family dynamics, and new roles for everyone. The smoother these changes occur, the better adjusted children will be.
It is not always easy to work together with someone you are divorcing, given the acrimony that may be present, however, that should be the goal when it comes to co-parenting. One of the most important tools that can help attain that cohesiveness between parents is to create a parenting plan that you both can agree on.
Creating a Parenting Plan
As you negotiate custody with your soon-to-be ex-spouse, you will also want to set down guidelines regarding how this shared custody will work. Every parenting plan is different because it should be tailored to your specific situation. Some parents may need to have only a brief overview of what is expected, while other parents will need extensive details included in their plans.
Modifying a Texas Divorce Decree
The divorce process can be a long one, especially in a high asset or complex divorce. It can take months – if not longer – to finally come to an agreement with your spouse as to how certain issues will be determined. Although one may think that after all of the fighting and negotiations that the final divorce decree would be just that – final – the reality is that many couples end up back in court at some point in order to have parts of that decree modified.
Not all parts of divorce decree can be modified. For example, asset and property division can not be modified unless there is evidence that fraud occurred during the divorce process. But other parts, such as child custody, child support, or alimony, may be able to be modified if the requesting spouse can show a substantial change of circumstances.
Modifying a Child Custody Order
Child custody is one of the most difficult areas of family law. When making the final custody decision, the courts always rely on the best interest of the child doctrine. Once the final decision has been made, there must be a substantial change in circumstances that are or will have an impact on that best interest in order for the court to even consider modifying the original order, unless both parents are agreeing to the change.
Telling Your Child About Your Texas Divorce
There is no denying that divorce is stressful, even if you are the spouse who wants to end the marriage. It can be even harder if you and your spouse have children. One of the most difficult parts is breaking the news to your child about the divorce. So many couples have a hard time themselves understanding why the marriage is ending and wonder how will they ever be able to get their child to understand why.
Sharing the News as a Team
Although there may be much acrimony currently existing between you and your spouse, it is critical for your child’s emotional well being to be able to put up a united front for them. When the time comes to share with your child that you are divorcing, it is much better to have both parents do it together, rather than separately. This will help reassure your child that although their parents will no longer be together, their love and concern for their child will always be there. Having this security is crucial in your child’s acceptance of the situation.
How Will Retirement Accounts Be Divided in My Texas Divorce?
There are many issues that a couple may have to come to an agreement on when they decide to end their marriage. One major issue is the division of assets and property. Texas is a community property state – meaning that the martial estate is owned by both spouses equally and the court divides it in a 50/50 share. Although this division is fairly cut and dry when it comes to bank accounts, that division can and often does get more complicated the more assets the couple owns. Assets such as real estate, collections, and even retirement accounts all must be divided equally. But the majority of retirement accounts have stringent rules when it comes to withdrawals, involving possible penalties and tax implications. This is why it is critical to have a skilled complex divorce attorney advocating for you.
Dividing Accounts with QDRO
Under federal law, a person is not allowed to withdraw from their retirement accounts while they are still employed. Exceptions include taking a loan against the funds or showing hardship. If the person leaves their employer, they can either leave the funds in the former employer’s plan, roll the funds into their new employer’s plan, roll it into an individual retirement account (IRA), or cash out.
Avoiding Social Media During a Texas Divorce
In today’s world, social media has become an intricate part of many people’s daily lives where they share everything from the big events to the mundane with their family and friends. So, it is not surprising that when person makes the decision to divorce their spouse, they want to blast it all over their social media accounts. Some people feel the need to bash and trash their spouse, while others splash their pages with photos of all the fun and excitement they are experiencing now that their dud of a spouse is gone.
However, posting anything about your divorce on social media can be a big mistake. In fact, the majority of divorce attorneys in this country report that there has been a large spike in the use of social media as evidence in divorce cases over the past several years. Instead of hiring private investigators to dig up dirt on your spouse, all one has to do is peruse their Facebook and Instagram accounts.
Education Costs and Other Issues in a Texas Divorce
Each state, including Texas, sets its own child support guidelines that the family courts use to determine how much one parent should pay the other parent for child support. Child support is supposed to cover all the basic needs of the child – including shelter, food, and clothing. There are certain expenses for children, however, that are not automatically included in a standard child support order. One of these expenses is for education.
Education Costs
Most parents can attest to how expensive education costs have become. It is not only tuition payments, if the child attends private school or daycare programs, but even the costs for children who attend public schools can be hefty. School expenses for children can include:
-
School clothes
-
School supplies
-
Backpacks
What Expenses Should Child Support Be Used For?
One of the most contentious issues between divorcing couples is child support. The parent who receives the support often thinks the amount the other parent has to pay is not enough to cover all the actual expenses of the child, while the parent who has to pay often thinks they are paying too much and questions where the money is going. While the judge is the one that makes the final decision on how much child support should be paid, many parents are still unsure what child support is actually supposed to cover.
How Child Support Works
When parents divorce, they must consider certain issues regarding the children. These issues include child custody and parenting time. Whether or not child support will be paid and which parent will pay is a decision made by the court and usually depends on the amount of time the child will spend with each parent.
Child support is supposed to cover certain expenses, while other expenses usually need to be addressed separately in the parenting agreement. These extra expenses may include childcare costs, medical insurance and medical expenses, extracurricular activities, and sports. Future college tuition is also an issue that should be addressed during divorce negotiations.
Financial Issues to Consider in a Second Marriage
The old expression, “once bitten, twice shy,” probably sums up how many people feel after going through a divorce. Couples may enter a first marriage without considering how life’s realities can affect a relationship. Finances, children, in-laws, and jobs are all issues that can overshadow the romantic side of marriage.
People who go through a divorce typically have a much more realistic view of what a second marriage may hold. This is especially true for those who have gone through a messy divorce — one which may have involved drawn-out negotiations over marital assets and other finances. Therefore, when a divorced individual considers remarriage, there are several questions they should discuss with their potential spouse. Starting out on the same page can go a long way in avoiding another trip to divorce court. The following are some important issues to address before a second marriage
Types of Co-Parenting Choices After a Texas Divorce
One of the most difficult decisions that needs to be made in a divorce is how custody or parenting time will be divided between the parents. Every parent who is in this situation wants to do what is best for their child and make sure they come through the divorce process with as little emotional upset as possible. How parents handle custody issues, and how they communicate these issues with each other, goes a long way in how secure and stable a child feels following the divorce.
There are several different ways that custody can be decided. In the best circumstances, the parents will be able to negotiate an agreement the court will approve. If this cannot be done, the court will make the final decision based on the best interest of the child doctrine, regardless of how much each parent may object. The following is a brief overview of different custody arrangements.
Traditional Two-Home Custody
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
