Author: Matt

Prominently.

That’s one quick and conclusive answer to today’s above-posed blog headline query. Although life insurance might be of little or no importance at all in some divorces, it can comprise top-tier subject matter in others.

How do you know if life insurance is a divorce concern?                                          

Most divorcing Texas spouses have a lot on their minds. We note at the established Dallas family law firm of Katie L. Lewis that one central concern harbored by many impending exes is whether they are ready for divorce.

That’s a fair self-posed question, and one that presupposes some sound pre-divorce planning.

We certainly recommend that exercise, especially concerning money matters. We note how important it often is for a divorcing party “to gather your comprehensive financial information together, and to make yourself aware of your financial situation.”

Taking that step – especially with close input from a practiced divorce attorney – can help a divorcing individual gain deep insight and help to guide the divorce process in a positive way. Financial planning can promote understanding surrounding investments, taxes, debts, existing assets (including their location and value) and future needs.

Life insurance might well configure prominently into the mix. A recent Forbes article on the topic underscores generally that “life insurance can help protect the assets you’ve worked to build.” Moreover, continuing coverage can provide great peace of mind and invaluable assistance applicable to assumed debt in the event an ex-spouse with payment duties passes away.

Perhaps the value of life insurance can be no better illustrated than via a scenario where a non-custodial parent with child support obligations dies. An existing policy with that person as owner and listing the children and other parent as beneficiaries can ensure continued financial protections.

Many and diverse questions can logically arise concerning the role of life insurance in divorce. Forbes advises any person seeking relevant information to consult with an experienced attorney.

Grandparents who are interested in playing an active role in their grandchildren’s rights may wonder what happens in the event of a divorce. Do they still have a right to see their grandchildren? The answer will depend on a number of factors, including the state. Family law is a creature of state law, so which state the divorce is taking place in matters. This post will focus specifically on the issue of grandparent rights in Texas.

Like most things regarding child custody, the issue often comes down to the best interest of the child. If the grandparents can establish that time with them is in their grandchildren’s best interest, they are more likely to find success. Courts in Texas have the power to step in and grant visitation rights if the parents of the child or children are divorced.

Grandparents can also maximize time spent with their grandchildren by thinking outside the box. In some cases, you may be able to increase the time spent with the children by offering to help the parents in the raising of the children. This could include transporting the children to extracurricular activities or spending time with the children while the parent goes on a vacation or out with friends. Or plan a vacation with the grandchildren and the grandchild’s parents. The trip can result in memories that the grandchildren will cherish.

Navigating the roles that are available during and after a divorce may seem overwhelming. Grandparents have options. An attorney experienced in grandparents rights during divorce in Texas can review your situation and discuss these options to help provide peace of mind.

Not that long ago, dividing assets after a divorce meant going through tangible objects and deciding who would get to have which items. When there was an argument about who could keep something, it was a matter of determining whether it belonged to the individual or the couple.

While many assets are still tangible items around the home, more assets are digital. These items may seem insignificant, but digital collections accumulated over the course of a marriage can add up quickly.

Here’s what you should know about dividing up your digital assets during a divorce.

Digital assets can add to the confusion

One of the advantages of digital assets is that there is a record of when you purchased it and how you paid for it. Depending on how you and your spouse managed your finances, this could make asset division simpler or more complex.

If you maintained separate accounts and did not buy digital items for each other, the process of dividing your digital belongings will be simple. On the other hand, if you had joint accounts or regularly made digital purchases for each other, it can be challenging to determine what items belong to which person.

Community property

Since Texas is a community property state, digital assets that you purchased jointly during the marriage belong to both of you. When it is time to part ways, you will have to decide on an even distribution.

Keep in mind that if your digital assets are kept in one commingled account, they could be considered community property. If you cannot show that items in the shared account belong to one of you or the other, all the items in the account could be common property.

As you look through your digital assets, it is essential to try to trace who purchased it and whether it was part of a comingled collection of assets.

When some people finally start talking about divorce, it comes as a relief. They realize that it’s something that they have wanted for a long time, but they were just delaying taking that step.

Why do they do it? The reasons are different for everyone, of course, but many people do it so that they don’t upset their lifestyle. It’s not just about the relationship. It’s about everything that goes along with it.

For instance, one woman found out her husband had been seeing someone else, but she convinced herself to stay in her marriage for another six years. She later admitted that she wished she had just been stronger and asked for a divorce at the time. The reasons she didn’t included:

• They had three children together
• They owned a home
• They had once been in love
• Her husband wasn’t abusive in any way

Essentially, she was just trying to preserve the life that they had previously had together. She enjoyed that stability. She wanted her kids to stay in a two-parent family with a “happy” marital home and a “normal” life. She even noted that she didn’t worry about not being married personally, but she was just trying to keep that lifestyle together. For many people, it just feels like that is what they are supposed to do and they don’t want to upset the balance.

It can be hard to break this mindset, but you don’t want to stay in a marriage too long and regret it later. If it is time to get divorced, make sure you know what steps to take. An attorney can help you understand more about the process and where to get started.

Divorce is difficult for both parents and children. No one involved planned to change how the family would interact and function.

Children can have an especially difficult time. Even young children can feel like their opinion is not considered when it is time to decide whom they will live with and how often they get to see the other parent.

Here’s what the court will consider when it comes to your children’s preference regarding custody.

Concern for children

While often resilient, children can be fragile beings. Even when children do not express it outwardly, they want their parents to be happy with them and their choices.

The court recognizes that children can be easily manipulated, even when the parents do not intend to influence their opinion. Testifying in a divorce proceeding can also be very difficult for children since they will often feel like one parent is asking them to choose sides over the other.

When children are young, the court looks almost exclusively at the child’s best interests when deciding custody or conservatorship. Parents will need to show their ability to care for their children and on what grounds one should have conservatorship over the other.

Age matters

As children get older and more capable of expressing their thoughts and opinions, the court gives their opinion more weight. While a small child may want to live with one parent or another because of certain toys or more relaxed rules, an older child will be able to articulate that they have common interests with a specific or that one parent has a more stable living environment.

Once children reach the age of 12, the court begins to consider the child’s opinion, and as they age, that opinion receives more weight than the other factors. Ultimately, the court will look to the child’s best interest, even if that conflicts with the child’s preference.