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San Antonio Family Law Blog

Collaborative divorce offers some benefits

When the dissolution of a marriage in Texas is unavoidable, it is natural to feel anxious and fearful about going through the process. After all, if two spouses cannot get along, the divorce process can be hostile and unpleasant. However, it is possible to dissolve a marriage in a relatively amicable way thanks to an alternative to traditional litigation know as collaborative divorce.

In collaborative divorce, two spouses work together to achieve a resolution in a manner that is results oriented and positive. The two spouses come to an agreement on all of the details and reach a resolution without ever having to enter a courtroom. They begin the process by both signing a contract and vowing to be upfront with all of the necessary paperwork and finances.

Questions before divorce involving support and the marital home

Navigating the process of dissolving a marriage can inherently be tricky no matter how long or short of a time a Texas couple has been married. If the two spouses getting divorced find it hard to get along, this may only make matters even more daunting. A couple of areas that can be particularly contentious during divorce have to do with support and the marital home.

Regarding support, coming up with a preliminary plan may be extremely valuable because it can ensure one's monthly expenses will be met until the divorce agreement is eventually finalized. During the process of creating a plan, important considerations include how much spousal maintenance one may need while the discovery phase of the divorce is taking place. Any assets one can claim along with tax obligations and one's employment status are all factors that will be involved in arriving at these critical financial decisions.

Asset division mistakes during divorce can be costly

As summer has ended and fall is in full swing, so are some spouses' plans to finally get divorced and move on with their own lives. The start of the school year in Texas marks the start of the season for divorce for many couples. A couple of tips may help those embarking on the road to divorce to avoid some costly mistakes.

First, it may be tempting to hold onto the family home following the divorce. After all, the family home may be filled with many positive memories. However, one spouse may find it financially challenging to keep up the home by himself or herself when it comes to maintenance projects.

Residency affects where divorce petitition is ultimately filed

Deciding to get divorced can be an emotionally and financially challenging decision. However, it can also be complex to address from a legal standpoint. An important consideration when filing for divorce in Texas is that one must reside in the state in order to file for divorce here.

Nearly all states require divorce petitioners, or those who are filing for divorce, to be residents of the states in which they would like to file divorce papers. In Texas, they must have lived in the state for a minimum of six months, or 180 days, before filing. In addition, when going through the filing process, they must provide proof that they lived in the state for the mandatory period of time.

Being amicable when dealing with child custody is possible

Co-parenting can be challenging any time of the year, but it can be especially challenging when the school year is in full swing. The most ideal way of dealing with co-parenting is for the parents to work amicably toward finding practical solutions to any issues that crop up. A few tips may help with solving or preventing issues related to child custody in Texas.

First, parents may benefit from familiarizing themselves with their child's school's electronic communication options. Fortunately, several school districts today have electronic portals where parents can access their child's information. Requesting a separate login can be helpful so that both parents can easily get the information they need without necessarily having to rely on the other parent.

Splitting an IRA improperly during divorce can be costly

The dissolution of a marriage in Texas typically involves dividing important financial assets, including IRA plans. In some situations, IRAs are a couple's biggest assets. A couple of tips may help with dividing these complex assets during a divorce.

The proper way in which to split funds in a manner that lines up with one's divorce decree is to complete a direct transfer of funds. This type of transfer is also known as a trustee-to-trustee transfer. Essentially, it involves moving money from the IRA of one spouse to that of the other spouse.

Knowing finances is important first step in divorce proceeding

Money is one of the biggest causes of marital split-ups. For instance, perhaps two spouses in Texas are in disagreement about how they should spend or save their money, or maybe they feel that the other party is not pulling his or her weight financially. In the same way, money can be a huge source of conflict during a divorce proceeding. A couple of tips may help those navigating the financial aspects of divorce.

Becoming very familiar with one's finances is an important first step. Creating a spreadsheet that details savings and checking accounts at the bank can help with this. In addition, listing the properties owned and what the mortgage for each property is can be beneficial.

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.

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