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Recent Blog Posts
Can Social Media Be Useful During a Divorce?
It's not uncommon to hear things about social media causing damage to a marriage or a divorce, whether it is by causing infidelity or providing evidence that one party is not fit to have custody of a child. However, some people are beginning to see the benefits that come with using social media whilst going through a divorce.
One simple way social media can aid in the divorce process is by providing a way to find various resources and services. You can use social media to look up information on how to handle custody or divorce in general, or even to look up a trusted attorney.
Virginia L Colin, Ph.D., a certified professional family mediator has stated that social media can be used to "find information about matters such as spousal support (alimony), how to tell the kids (you are getting divorced), whether retirement accounts are marital assets in their state," and so forth.
Five Common Mistakes before Filing for Divorce
Divorce is a whirlwind of emotions. These emotions can occasionally cause those involved to act emotionally rather than rationally. It is an important event in your life so avoiding mistakes is essential. Learn from others to avoid these common errors that people make when thinking about divorce.
1. Not reviewing your relationship
When emotions run hot, it can be easy to let them cloud your decision making process, but try to focus long term. Do you still love your spouse? Do you still have a spark for your partner? Have they done something to you that you can't forgive and forget? No one should be forced to settle, but make sure you take enough time to know what you want before you make a life changing decision.
Texas Child Support Collection Surpasses $3.5 Billion in FY 2013
The State of Texas had a record-breaking year with child support collection, topping out at $3.6 billion for fiscal year 2013 which ended on August 31. The Office of the Attorney General (OAG) of Texas reports that those benefits aided 900,000 Texas families. In 2012, the average amount of collections per Texas child support employee was $1.28 million.
More than $27 billion in child support payments has been collected since December 2002, when current Texas Attorney General Greg Abbott took office. According to the Texas OAG, their Child Support Division is number one in the country for child support collections, tripling the national average of 37 percent. Texas collections have exponentially increased over time.
"This success not only helps children all across the state, but it also ensures that parents – not the taxpayers – financially support their children," said Attorney General Abbott.
As a result of the record-breaking payments, 252,000 parents who formerly received Temporary Assistance for Needy Families (TANF) benefits were able to maintain financial stability without tapping public assistance stores. There was also a decline reported in the need for other programs such as food stamps and Medicaid.
Little-Known Divorce Clause Causes Heartache in Texas
A case earlier this year in Texas highlights a little-known immigration clause when it comes to divorce, according to Fox News. When Evangelina Zapata married Steve Summers, he signed an affidavit "vowing to support her so that she would not become a ‘public charge,'" Fox reports. Zapata was born in Mexico, and Summers needed to sign the affidavit as part of Zapata's quest for citizenship. The affidavit is formally known as Form I-864, published by the U.S. Citizenship and Immigration Services. According to NOLO, the affidavit is "a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support." NOLO states that the sponsor is responsible until the immigrant becomes a U.S. citizen, or has "earned 40 work quarters credited toward Social Security [about 10 years of work], dies, or permanently leaves the United States."
New Study Reveals Warning Signs of Cheating Spouses
While infidelity is no longer a commonly cited reason for divorce, cheating can still ruin a marriage. Most spouses can tell that their relationship has changed without knowing that cheating is the reason. Some noticeable signs that your spouse is cheating include dressing better, not being intimate, and taking out new credit cards.
Another possible sign of a cheater is if they start being weird about their cell phone. Maybe your spouse will not leave their phone by you. Maybe they started to password protect their phone even though that was never a concern before. New technologies, like cell phones, have more damning evidence than the traditional lipstick on a collar.
A new study released by Albright College in Pennsylvania reveals another signal that your spouse is cheating. Associate professor of psychology, Susan Hughes, PHD, monitored the difference of phone calls between romantic interests compared to those between same-sex friends. The perceptible changes can be evidence that your spouse is cheating.
Breaking the News About Your Divorce
In the midst of all the tumultuous emotions connected to divorce, there's also the anxiety about breaking the news of your divorce to family, friends, and members of the community who might need to know. At a bare minimum, without know how to broach this situation, you might find yourself in some awkward situations. Knowing how to prepare yourself for this process can help to reduce those nerves and ensure the highest possibility for success.
Author Constance Ahrons has identified several stages within the divorce process. The three stages at the outset of a divorce can be the most difficult to cope with, as there is a tremendous amount of change to manage. These three stages are the decision to divorce, the announcement of the divorce, and the actual separation itself.
When it comes time to tell family and friends about your decision, be prepared for the difficulty of this challenge. Unless your spouse was abusive or unusually cruel, there will be family members and friends who might be surprised by your decision and some may even want to argue over your choice. If you are able to, the best scenario is to sit down with your spouse and your family members to break the news together. You can work through what to say and come to an agreement on the presentation.
Modifying Child Custody Orders In Texas
Upon filing for divorce in Texas, either party can request the court to enter a temporary order governing a specific matter, such as child support, until the final divorce decree is given. These temporary orders give some sense of order for how visitation and custody will look in the short term and what parents can expect. These short term orders can include details on child support, spousal support, property division, and possession and access.
After final custody orders have been given, many parents hope to be able to modify their custody schedule at some point in the future. Moving forward with plans to change a child custody order should not be done without the assistance of an attorney.
Judges in Texas evaluate the individual situations of each family to determine what custodial situation is in the best interests of the child. It is possible, however, that the situation has changed over time, thus meaning that a new custodial order could truly represent the best interests of the child. There are several circumstances under which parents might modify custody, including the following:
How Much Kids Need To Know About the Split
Keeping kids sane during a divorce—especially one that's particularly nasty—can be one of the greatest challenges for divorcing couples. There's no shortage of psychological writings and evidence that points to the fact that divorce can be bad for children, though recent reports state that if the marriage was particularly difficult it may actually be better for kids that their parents divorce.
An article reported by Scientific American earlier this year stated that "researchers have found that only a relatively small percentage of children experienced serious problems in the wake of divorce or, later, as adults." Scientific American cites a Pennsylvania State University study that followed children of divorce "into later childhood, adolescence or the teenage years, assessing their academic achievement, emotional and behavior problems, delinquency, self-concept and social relationships." The study found that children of divorced parents had similar results to those from intact families, "suggesting that the vast majority of children endure divorce well."
Prenups For Same Sex Couples
Although in many ways, the legal impact of same-sex marriage and same-sex divorce are relatively new to the field, a growing area of interest involves whether same-sex couples need prenuptial agreements. Many of the new couples moving toward marriage in the multiple states across the country that now allow same-sex marriage already have established financial assets. Even if these couples have been living together for a long time, the consideration of whether a prenuptial agreement may apply is a worthy discussion to have with an attorney.
Simply put, it's likely that one or both individuals involved in the upcoming union has accumulated some assets over the course of their life. Entering into a marriage is an excellent opportunity to discuss their financial standing and determine whether prenuptial agreement could help to outline the guidelines for their union. Unfortunately, same-sex marriages will not be immune from divorce, and proper planning can go a long way towards reducing agony and financial instability down the line.
Texas Annulment Rules
Often, the question of how a divorce differs from an annulment arises. Put simply, a divorce is a legal process that results in the marital bonds being severed. An annulment, on the other hand, is a legal process that results in the marriage being invalidated, as though it never existed in the eyes of the law.
In today's society, divorces are by far the more common method of terminating a marriage. With divorce, however, there is a presumption that the marriage was valid and any assets acquired during the marriage belong to the marital estate, which means that the judge will divide the assets equitably between the parties
If the judge grants an annulment, however, the marriage was not valid from the beginning, which means that there never was a marital estate, and the parties may get to keep their respective assets.
Another purpose of marriage annulment is to make up for mistakes that underage children make by allowing parents, guardians and friends to file for an annulment when the person getting married is under 18 years old and there was no valid parental consent or court order.
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