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San Antonio Family Law Blog

More millennials turning to prenups in event of divorce

In years past, the idea of putting together a prenuptial agreement, or prenup, was often met with resistance. After all, some couples felt that it meant they were starting out their marriages with the expectation that their unions would not last. Today, however, a growing number of millennials in Texas and elsewhere are embracing the protection that the prenuptial agreement affords in the event of divorce.

According to a census report in the United States, during the 1970s, around eight out of 10 people were married by the time they turned 30. However, last year, this same percentage was not reached until the age of 45. In addition, millennials are less likely to marry while they are financially broke. A recent survey indicated that over half of those in their 20s or 30s wanted to experience financial security before getting married.

Why joint managing conservatorship is so critical in divorce

You and your ex are working your way toward a relatively peaceful divorce. You have two kids, you're not angry with one another, but you realized after 10 years of marriage that it wasn't working. You weren't getting what you needed, and you've decided you'd be better off on your own.

The first thing you should know is that Texas law typically assumes both you and your ex will get access to the kids. This is known as joint managing conservatorship, or JMC, as opposed to sole managing conservatorship (SMC).

Inheritance money can complicate divorce

Getting divorced in Texas can be challenging because the process involves more than simply untangling emotions. It also involves untangling finances. One area that can be particularly contentious is determining what happens to one spouse's inheritance in divorce.

In a divorce situation, perhaps one party received some inheritance money from a relative, for example. The relative may have left the money to this party in his or her will without mentioning the party's spouse in the will, too. This inheritance money would be considered separate property and thus would not be subject to property division during divorce.

Retirement plans may be affected by divorce

In a retirement planning brochure, it is not uncommon to see an elderly couple smiling at each other as they stroll along a beach. However, couples in Texas who are on the brink of divorce while being close to retirement face a much more difficult reality. A couple of tips may help with tackling the financial aspect of a late-in-life divorce.

First, a challenging first step when trying to navigate a divorce proceeding is to shift one's financial mindset. Before contemplating divorce, a couple naturally planned to share a house and expenses during divorce. However, following divorce, thinking about retirement plans in a totally different way is necessary, as being on one's own can cost more financially.

Nesting may be helpful for dealing with child custody

When divorce happens in Texas, the children impacted by the divorce do have the potential to recover from the split-up. However, it can still be a traumatizing event for them, especially when child custody is a major source of conflict during the divorce proceeding. One method that some parents attempt to use to minimize divorce's effects is nesting.

In a traditional custody arrangement, children are the ones who move between their parents' two homes. As a result, they have two bedrooms and two separate sets of toys. With this practice, everything material remains predictable and stable for the children, while the parents have to do the adapting.

Unexpected divorce costs can lead to blindsiding

When two spouses in Texas cannot resolve their differences, divorce may be the best move they can make. Nevertheless, divorce is rarely easy -- financially or emotionally. There are a few commonly unexpected or overlooked costs that are critical to be prepared for during this type of family law proceeding.

One cost that is frequently overlooked costs related to spousal support, or alimony. Many do not consider this a cost, but for family breadwinners, it can hurt. The amount that the breadwinner may have to pay depends on several factors, such as where the individual lives and the amount of his or her earnings. Another important consideration is child support payments, which can cost hundreds or even thousands of dollars a month for a noncustodial parent.

Working out child custody arrangements with your ex

A divorce sends your life into a state of the unknown. It also sends your child's life into a constant state of change. One thing that you can do for your child is to try to get the child custody issues resolved quickly so that your child can begin to settle into a "new normal" way of life.

Working out the child custody matters with your ex can be difficult, especially when you don't agree on everything. There are certain things that you can do to make this process a bit easier.

Common divorce myth has to do with alimony

One of the biggest areas of contention during the dissolution of a marriage in Texas is finances. This is especially true for those with highly valuable assets that have to be split. However, there are certain misconceptions that those going through divorce may have, including the idea that those who did not work during the marriage will be able to get spousal support payments for life.

Spouses who did not work during the marriage, perhaps to stay home and take care of the children, could receive some alimony. However, these payments may not be the permanent payments one might expect. Today, spouses who do not work typically receive alimony for limited periods of time.

Child custody battle can make children's lives harder

In modern society, divorce is relatively common. Still, that does not mean it is easy for adults and children alike to navigate emotionally. A couple of tips may help parents in Texas to make the divorce process as easy as possible for their children when dealing with sticky situations such as child custody.

First, avoiding the pawn game is important to minimize the divorce's impact on the children. This game involves using a child to gain leverage when it comes to tackling the distribution of property or other types of financial disputes. This also involves allowing the children to use a parent as a pawn to get the easier home living situation.

Peace rather than war is possible through collaborative divorce

Going through a marital split-up in Texas can be tumultuous both emotionally and financially. Making matters even tougher is if one partner refuses to approach the divorce reasonably and instead is determined to make the process as difficult as possible for the other party. However, this approach can quickly be self-defeating, too. Collaborative divorce is a more peaceful method of tackling divorce.

In a traditional divorce, two people go to court and are prepared to do battle with each other. They might fight over who gets to keep the house or the car as well as other important assets. They also often fight over who gets to keep the children.

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