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Dallas, Texas Family Law Blog

Adjusting parenting time and custody for the school year

Summer is a beautiful time to enjoy bonding with your children. You and your former spouse may have each taken an opportunity to travel with your children at some point. Vacations, holidays and weekend cookouts can all be the basis of great memories for years to come. However, if you're in the process of getting divorced, you may need to look at your parenting plan and visitation schedule to ensure it remains fair.

In most circumstances, courts want to see visitation and shared custody arrangements that facilitate healthy relationships between the children and both parents. With exceptions for situations involving abuse, addiction or neglect, the best interest of the children usually lies in having healthy and positive ongoing relationships with both parents. Working together to create an acceptable parenting plan shows the courts that you are putting the needs of your children first during divorce.

Texas penalties for a DWI conviction can change your life

There's a common perception that everyone charged with driving while intoxicated (DWI) is probably guilty. After all, the average person believes that breath tests are accurate and that law enforcement won't make mistakes during a field sobriety test. The truth is that neither breath tests nor police officers are infallible.

It is possible for a test to record a false positive, just like it's possible for a cop to miss a reasonable explanation for certain issues, like diabetes or other medical conditions.

Can a postnuptial agreement help you save your marriage?

To succeed, a marriage requires constant effort on the part of both spouses. For couples who experience serious issues in a marriage, divorce may seem like the only option. Behavior such as gambling, wasteful spending, adultery, or substance abuse can quickly undermine the foundation of trust and respect that a healthy marriage gets built upon.

If your spouse has cheated or is struggling with addiction, you may think that divorce is the best way to protect yourself, your children, and your financial future. However, a postnuptial agreement could help you overcome the issues that are threatening to destroy your marriage.

Will you need a forensic accountant to find hidden assets?

During a divorce, couples typically clash over two primary issues: child custody and asset division. Even if you and your spouse do not have children, you could find yourself in a protracted divorce battle if you can't see eye to eye about who gets what.

Texas law is clear about asset division. Texas is a community property state. That means that the courts consider all assets acquired during your marriage, as well as all debts, as community property subject to equal division. However, there are exceptions to this principle.

Mistakes to avoid in a grey divorce

Divorcing later in life comes with a different set of challenges than for couples that divorce under the age of 50. People that divorce at a younger age have time to rebuild retirement accounts, investment portfolios, and their lives in general.

Now that you are considering divorce with retirement right around the corner, you may be wondering how you will recover. You and your spouse will have to divide the wealth you have accumulated during the course of your marriage. Even now, you may be making adjustments in your life, and after your divorce becomes final, your lifestyle may have to change in significant ways. Fortunately, making the right moves now can make a difference when it comes to starting over.

What happens with student loans and other debts in divorce?

When couples divorce, people typically focus on issues like asset division and child custody. However, the division and allocation of debts can have a significant effect on the size of the property settlement you receive.  You may think that just because you didn't co-sign for a credit card, you won't be responsible. The courts in Texas, however, have a different view when it comes to financial responsibility and fair division of both assets and debts in a divorce.

Let's say that your former spouse completed school before you were married. Chances are, those debts won't affect your community property settlement. But if your former spouse took out those student loans during your marriage, you may incur liability for a substantial amount of that debt. Texas law leaves it up to the courts to interpret what is the fairest way to split up both assets and debts. They won't just look at amounts and who benefited. The courts will also look at who has greater earning potential and at the reason for divorce. Fault can result in more uneven distribution of debts.

Avoiding fees when dividing retirement accounts in divorce

Certain community assets are are difficult than others to accurately divide during a Texas divorce. For many couples, retirement accounts and pensions may seem straightforward. After all, these accounts have a clear balance. It's easy to determine what was deposited during the course of the marriage, as opposed to what was in the account before the marriage.

You may assume it's only a matter of making a transfer or agreeing to the amount each spouse will receive, but it's actually more complicated than that. Even if you both agree on exactly how the accounts will be divided, you need to follow special steps.

Dividing property during the divorce process

Divorce is never easy, especially when it comes time to decide who gets what. If your spouse wants the main residence, does that mean you will get the vacation house on the lake? What about the oil and gas interests the two of you invested in a few years ago, the retirement accounts, and even the furniture? In order to ensure you are getting a fair divorce settlement, it is important to understand how Texas courts divide marital property.

If you are thinking about divorce, the first thing you should do is to reach out to an attorney in the Plano area to discuss your situation. In order to protect your interests, you will need to be prepared to discuss every aspect of your financial status with your attorney. Read further for more information on dividing marital property in Texas.

Plan how you'll discuss divorce with your child

As unfortunate as it may be, many people go through the divorce process every year. Some are able to put their relationship in the past without much stress, but others find that there are details that make this extremely challenging.

If you have at least one child with your soon to be ex-spouse, you can be rest assured that matters of custody and support will come to the forefront at some point. For this reason, you need to make plans in advance.

An underage drug offense could damage your child's educational hopes

Even the brightest and most promising of teenagers make mistakes in judgment. Many teenagers experiment with drugs, from nicotine and alcohol to marijuana and even harder substances. A large number of teens who try a drug a few times won't experience any long-term ill effects.

Thanks to strict federal rules, however, your child could bear the weight of a teenage mistake for the rest of his or her life if charged with possession of illegal drugs. That's why you need to retain an experienced Texas criminal defense attorney as soon as you know of your child's arrest or charges from a drug offense.

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