Law Office of Randy Mora, PLLCLaw Office of Randy Mora, PLLC2024-03-14T12:13:10Zhttps://www.randymoralaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303469/2019/12/apple-touch-icon-75x75_3061a3ab31c86ae81dad8d6d9cb956a0-75x75.pngOn Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408142024-03-14T12:13:10Z2024-03-14T12:13:10ZYour pet is more than an animal. Your pet is a part of your family. You may have raised them since they were born. They may have been there for you when times were tough. However, a divorce may separate you from your furry friend.
Property division is a major part of divorce. You and your spouse will likely need to discuss how assets, savings and debts are divided and child custody arrangements. Part of this process will determine who will get your pet in the divorce. The final decision may heavily rely on whether your pet is considered property or not. Here’s what you should know:
Determining who gets custody of a pet
In Texas, pets are considered property. This means that a decision on who gets the pet in the divorce is very similar to who would get the bed, car or dining room table. You are not guaranteed to get your pet in the divorce, but you may increase your chances. A pet that was owned by a spouse before a marriage may be considered separate property. This could mean that that spouse will retain possession of their pet after the divorce.A pet may also be included in a prenuptial or postnuptial agreement. A prenup or postnup may clarify that a pet will go to a specific spouse after a divorce. Spouses may also agree to a pet custody arrangement. This arrangement can clarify each spouse's contribution to a pet’s care and how much custody time each spouse has with their pet.However, a judge may also consider a spouse's contribution to a pet’s care before deciding who will keep it. A spouse may have a higher chance of keeping their pet if they can prove that they were the one who mainly provided for their pet’s needs. This can include paying for a pet’s food, grooming and vet bills, spending time with their pet and any emotional bond children may have with the pet.If you’re fighting to keep your pet in a divorce, you may need to learn about your legal options. ]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408112024-03-02T15:41:35Z2024-03-02T15:41:35Zhow it works.
Divorce mediation involves a neutral third party, the mediator, who facilitates discussions between you and your spouse to help reach a mutually acceptable agreement. The mediator does not have any decision-making authority. They only help guide the conversation and ensure that both parties have an opportunity to express their concerns and explore options for a fair divorce settlement. The following are a few reasons why you may want to consider divorce mediation over a traditional court process.
You will have greater control over the divorce process and outcome
Unlike a court trial where a judge makes the final decisions, mediation allows you and your spouse to retain control over the outcome of the divorce. You can tailor an agreement to meet your specific needs and priorities. It also means a potentially faster resolution since you do not have to deal with unnecessary delays and other legal formalities inherent in a court process.
Mediation is a private process
Unlike divorce court proceedings, your sessions with a mediator are not a matter of public record. This can help protect your privacy and allow you to freely discuss sensitive issues without worrying about unwanted scrutiny in your personal lives.
It can help to facilitate positive relationships
A court battle between you and your spouse may create permanent rifts and animosity that can make co-parenting and future interactions difficult. Mediation focuses on finding common ground, which can help maintain a more amicable relationship when you settle your divorce. A positive environment can be less stressful for everyone.
If you are contemplating divorce mediation, seeking legal guidance can help protect your rights and interests while ensuring that you’re empowered to make informed decisions.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408102024-02-15T18:22:35Z2024-02-15T18:22:35ZIf you and your spouse are getting divorced, your children may have some questions about the process or what it means for their future. When having the divorce conversation, it’s important to give the children time to talk and to ask these questions.
Planning in advance can also help, so you can provide information and reassurance. So what questions are your children likely to ask?
Where am I going to live?
Children are often just concerned with the logistics of daily life, such as where they will live or who will take care of them. You don’t need to get into the details of the parenting arrangement, but giving them some idea of the upcoming schedule – and assuring them that you will both be involved – can be beneficial.
Did I cause the divorce?
Many children struggle with guilt about divorce, assuming that they caused it themselves. This may be due to a phenomenon known as magical thinking, where children often believe that their thoughts have more power than they truly do. But regardless of the reason, it’s important for parents to stress that the children did not cause the end of the marriage.
Is this just temporary?
Finally, children may wonder if you and your ex will get back together and if their parents will be together again. This is why it’s important to stress to the kids that this is a long-term change not just a temporary disagreement. Additionally, don’t tell the children that you’re thinking about divorce until you are 100% sure that you are going to get divorced.Talking with your children is just one step you’ll need to take during the divorce process. Be sure you know exactly what legal options you have moving forward.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408092024-02-06T00:41:39Z2024-02-06T00:41:39ZNegotiating alimony in a divorce settlement vs. court-ordered alimony
One avenue for securing alimony is through negotiation in pursuit of a mutually-agreeable divorce settlement. This process involves both parties working together to reach a mutual agreement. Texas law allows spouses the flexibility to tailor alimony terms based on their unique circumstances.
When spouses cannot agree on alimony through negotiation, the court may intervene and issue a court-ordered alimony decree. In such cases, it's essential to understand the legal obligations and potential implications for both parties involved. The receiving partner has to prove to the court that even after property division, they cannot meet their own reasonable needs. The court also requires the following to be true:
The party seeking support doesn’t have sufficient income to sustain them because they’re disabled.
The marriage was ten years long, and the party seeking alimony doesn’t have sufficient income to fulfill their minimum needs despite making attempts to obtain skills to become self-supporting during the divorce process.
The spouse seeking alimony has custody of a child of the marriage who needs substantial care due to a disability that prevents the custodial parent from securing a well-earning job to meet their reasonable needs.
The other spouse was domestically violent towards the spouse seeking support or a child of the marriage within two years of the divorce.
Regardless of the option you settle for, remember that understanding the tax implications of alimony is crucial for both spouses. As of the latest tax laws, spousal support payments are no longer tax-deductible for the payer, and recipients do not report them as income.
Navigating alimony in Texas requires a comprehensive understanding of both negotiated settlements and court-ordered decrees. Whether opting for amicable negotiation or facing a court decision, spouses must be aware of the influencing factors, tax implications and legal framework associated with alimony. In this way, individuals can make well-informed decisions that align with their unique circumstances.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408082024-02-04T00:10:07Z2024-02-04T00:10:07Zmistakes when involved in a child custody battle.
Lack of communication
In a child custody battle, one common mistake is not effectively communicating with your ex-spouse or partner. Establishing clear and respectful lines of communication to discuss the child's needs, schedules and other important matters is crucial.
Ignoring the child’s best interests
Sometimes, parents get caught up in their desires or grievances and forget to prioritize what's best for their children. Courts typically base custody decisions on the child's best interests, so always keep this in mind.
Disobeying court orders
Once a custody arrangement is in place, following the court orders is vital. Disobeying court orders can lead to legal consequences and negatively impact your case.
Neglecting documentation
Keeping records of all communication, parenting schedules and expenses related to the child is essential. Neglecting proper documentation can weaken your case and hinder your ability to prove your suitability as a parent.
Badmouthing the other parent
Speaking negatively about the other parent in front of the child can be harmful and may affect your credibility in court. It's essential to maintain a respectful tone when discussing the other parent.
Lack of consistency
Courts consider which parent can provide a stable and consistent environment for a child. Being inconsistent in your involvement or parenting style can harm your case.
Avoiding these mistakes can greatly improve your chances of a successful outcome in a child custody battle. Prioritize your child's well-being, follow court orders and seek professional guidance to more effectively navigate this challenging legal situation.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408072024-01-18T15:06:19Z2024-01-18T15:06:19ZIn some cases, parents are able to determine child custody rights and set up a parenting schedule during an amicable divorce. But there are other cases where they can’t agree, and then the court will have to issue an order instructing parents how to split up things like parenting time and decision-making power.
When the court has to do this, they typically focus on the child’s best interests. But parents may wonder exactly what factors are considered and how the court decides what the child’s best interests are. The truth is that the court will look at numerous different factors, and every situation is unique.
Potential examples of common factors
There are different factors from one case to the next, but below are a few of the common ones that courts will often consider:
The child’s age.
The child’s gender.
If the child has a preference.
If there is a history of abuse or criminal activity.
The parents’ physical health and ability to care for the child.
The parents’ mental health.
Any social or cultural considerations.
The proximity to the child’s school or peer groups, along with extracurricular activities.
The parents’ roles before the divorce, such as the primary caretaker and the primary breadwinner.
If you’re involved in a divorce and the court is going to make a ruling regarding custody of your children, it’s quite important to understand how these factors may apply. You also need to know about the legal steps you can take at this time. This can be a complex process, but it is important to seek the ideal result for both you and your children.
]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408052024-01-03T20:27:09Z2024-01-03T20:27:09Znavigating such a delicate situation requires careful consideration and strategic planning.
Open communication
Effective communication is the foundation of any successful divorce, and this holds even more significance during a pregnancy. Open and honest discussions with your soon-to-be ex-spouse can pave the way for a more amicable separation.
Both partners should (under most circumstances) be willing to engage in a constructive dialogue facilitated by professional mediators if necessary. Mediation can play a crucial role in promoting a smoother divorce process. Couples can address their concerns with a neutral third party by opting for mediation. This can help reduce conflict and emotional distress.
Create a comprehensive parenting plan
A well-thought-out parenting plan is essential, especially when a child is on the way. This plan should address custody arrangements, parenting time schedules and financial responsibilities. A comprehensive parenting plan can help to ensure the well-being of both parents and the unborn child.
Prioritize your well-being
Divorces are emotionally draining, and the added stress of pregnancy demands a proactive approach to self-care. Prioritizing your well-being is crucial for your mental and physical health. Make a point of surrounding yourself with friends and family for emotional support and prioritizing a healthy lifestyle to support your mental and physical well-being.
Navigating a divorce during pregnancy requires a strategic and compassionate approach. By understanding the legal landscape, fostering open communication (when appropriate) and seeking professional support, individuals can potentially navigate this challenging period with greater ease.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408042023-12-21T01:07:03Z2023-12-21T01:07:03Zyou into trouble.
Support is a parent’s obligation, but parenting time is their right
The first thing you need to understand is that parenting time (also referred to as visitation) and support may be linked in most people’s minds, but they’re two completely different legal issues. A parent is required to provide for their child, regardless of whether they have (or use) any kind of visitation. By the same token, a parent has a right to access their child according to their parenting plan even if they never pay any support. If you ignore the parenting plan and withhold visitation, you’re violating the court’s order. That could expose you to sanctions and ultimately affect your own custody rights.
Order your co-parent’s wages to be garnished so that the support is paid
Intercept additional sources of income from federal and state tax returns
Suspend their driver’s license, licenses to hunt or fish, and their professional licenses
Put liens on their personal or business property
If you’re struggling to get your co-parent to take their responsibility toward your child seriously, seeking legal guidance can help.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408022023-12-16T18:16:45Z2023-12-16T18:16:45ZNotifying one’s chain of command
Typically, people divorcing in the civilian world do not need to automatically inform their employers unless there need to be changes made to someone's benefits. However, those serving in the military typically need to notify the chain of command about the change to their marital circumstances. Not only can the military make adjustments to their compensation but they will also need to file special paperwork. The family care plan that helps provide support during deployments will need to reflect the new family circumstances.
Divorce can affect pay and benefits
The compensation that servicemembers receive depends on a variety of factors. The size of their households is one of those considerations. When someone divorces, that may affect what cost-of-living and housing benefits they receive. Particularly when one spouse is a civilian, a divorce might mean that they lose health benefits or possibly housing benefits that have been crucial to maintaining their lifestyle so far.
Relocation can affect custody
Military servicemembers usually do not have control over where they live and work. They follow orders that come down the chain of command. Sometimes, those orders will require deployment to an international location or a relocation to a base in another state. Those with children preparing for a military divorce need to consider those possibilities in their custody arrangements. They may need to have separate terms for sharing custody when a parent is nearby and after their relocation or deployment. They may also need to include special terms allowing for virtual visitation when one parent is far away from the children.
Military divorces can be more complex than civilian divorces and may necessitate legal support for both spouses. Receiving proper guidance and advocacy during a military divorce can help someone obtain the best possible outcome given their current circumstances.]]>On Behalf of Law Office of Randy Mora, PLLChttps://www.randymoralaw.com/?p=2408012023-12-07T14:17:29Z2023-12-07T14:17:29ZDrug abuse is a serious problem. Drugs can make an individual unreliable, careless and reckless, to mention a few. Clearly, these are not the qualities you are looking for in a co-parent.
If your co-parent is abusing drugs, you are likely concerned, especially if they are doing so in the presence of your child. But can this be grounds for withholding custody?
Your options when your co-parent is abusing drugs.
The truth is substance abuse can greatly impact a parent’s ability to care for the child. However, you cannot unilaterally halt their custody or visitation rights. If you do, they may accuse you of interfering with the custody order – and you don’t want this. Fortunately, your hands are not tied.
You may petition the court to modify the existing custody order.
It’s the court’s job to determine the child’s living arrangements after the divorce. When petitioning the court for custody modification, however, the court will look at any evidence that your ex is actually abusing drugs. This might include:
Repeat drunk driving charges and convictions.
Evidence of drug-related arrests and charges
Evidence of admission into a drug rehabilitation program
Social welfare reports and eyewitness accounts
Based on the evidence, the court will consider your request for custody modification in the best interests of the child. Subject to their physical and mental situation, the court may modify the existing custody order so that you are granted sole custody. Your ex may be granted supervised visitation or none at all in those situations.The family court takes the best interests of the child very seriously. If you are concerned about your ex’s drug problems, do not take matters into your own hands. Petitioning the court for custody modification can be a great place to start. ]]>