Category: Family Law

Before entrepreneurs marry, they and their future spouses may both be wise to seek legal counsel. A prenuptial agreement is an important option to consider.

After the wedding, the legal options and the emotional stakes change.

But some entrepreneurs start their businesses as married people, or they jumped right into marriage without a prenup Even they can still put their legal house in order, including a possible postnup.

Prenups are possible in a community property state

Texas presumes anything gained during the marriage belongs to the marriage, not to one spouse. According to state law, Texas divorces involve splitting the property “equitably.”

However, this does not mean 50/50. In means in a right, fair and just way. A postnup cannot that equity sign away, but Texas courts typically respect agreements signed voluntarily with full access to all information about assets.

Also, Texas provides rules for separating community property into separate individual property, as well as making separate property community. Much is possible if done correctly.

Besides, postnups can be part of a larger strategy (which also must pass tests for fairness).

For example, the entrepreneur can create and control a trust to hold the business assets. This may assist the postnup in protecting business assets.

Why would a spouse ever agree to sign a postnup?

Couples create postnups together for many sensible reasons.

Some entrepreneurs do not mind risking money and other assets on prime opportunities, sometimes understandably “stressing out” their spouses. The right postnup may give the entrepreneur more room to maneuver and help their spouse feel more forgiving.

Also, successful entrepreneurs know more money means more problems, including increased stress.

Having increased finances can raise questions about the future of those assets. And more options in life often create disagreements about life choices. A postnuptial agreement might help return the marriage to a more relaxed place.

Finally, many spouses appreciate that businesses employ people and satisfy the needs of their customers. Its value, even financially, is often in its people and brand. Protecting a business can be about much more than protecting the personal assets of one person.

Houston parents commonly use advanced medical techniques to conceive children. The most common technique is in vitro fertilization, or IVF, in which the father’s semen is implanted in the mother’s vagina during ovulation. Many couples have been able to conceive children using this technique and have been happy with the outcome, but unhappy results also occur. A married but separated couple in Lakeway, Texas is disputing the man’s right to assert the rights of a father over a young child conceived using IVF.

The couple married in 2004 and separated in 2012. Before the separation, the couple conceived a daughter using IVF techniques. The girl is now seven years old. The wife filed a petition for divorce in 2013 but never followed up, and the couple is still legally married. After the separation, she began another IVF procedure using an anonymous sperm donor. She subsequently gave birth to a boy in 2015. In 2016, the woman’s spouse filed court documents denying that he is the boy’s father. The situation might have settled but for the existence of a Texas statute regarding presumed fatherhood.

That statute says that if a child is born during a legal marriage, then the husband is deemed to be the child’s legal father. In this case, though, the husband has changed his mind regarding paternity and is asserting fatherhood rights over the young boy. The only way to resolve the controversy is to have the alleged father submit to a DNA test. The husband was ordered to complete a DNA test not later than December 23, but no results have been released.

The case will probably be resolved in early January after the court has had the opportunity to review the DNA tests. Meanwhile, the mother is required to allow her husband access to the little boy.

Issues pertaining to paternity, child custody, and fathers’ rights can be enormously complicated, as this case highlights. This is why consulting with an experienced family law professional may prove beneficial for those who are confronting these matters.

One of the most difficult conversations that a couple can have is about divorce. No one has figured how to make this conversation simple, easy or painless, but people who deal with divorce as professionals have developed some guidelines that work in Texas and most other states.

Once the decision is made to seek a divorce, be prepared to break the news to the other spouse. The conversation should take place at the right place and time, and with proper attention to the metal state of the other person. Understanding how they see the marriage, whether if they are blissfully ignorant of your wishes or likely share your view of its coming conclusion, will also be important. Avoiding moments when other events have been scheduled is paramount. Also, a place should be chosen that permits privacy.

The delivery of the message is also critical. The person making the announcement should be firm, but it should also be given with care. Announcing a person’s wish for a divorce in the middle of a marital spat is not good timing. Be prepared for a negative reaction, either to the idea of a divorce or to the personality of the person delivering the message.

Take pains not to get too into details when delivering the news. It may be tempting to go down that road, but leaving the initial conversation at that point and taking the time to seek additional legal guidance can help protect serve your interests in the event of a legal battle during the divorce process.

Delivering the news is an obvious but important first step. From there, understanding your options – and the considerations of others involved, including children – will be vital to ensuring the best possible situation as the parties move on from marriage.

Whether you’ll be a custodial or non-custodial parent, if you’re navigating divorce as they 2019 holiday season unfolds, you might be feeling a bit anxious and concerned about your children. Like all good parents, you want them to enjoy this special time of year; however, you also want to make sure you protect your parental rights and ensure your ex fully adheres to the terms of the court order the judge overseeing your case will issue when he or she finalizes your divorce.

If you haven’t yet written the terms of your co-parenting plan, you’ll want to consider incorporating detailed instructions regarding the holidays, such as where your kids will spend each special holiday throughout the year, whether you and your ex will both be present for any special occasion, school event, etc., or whether you will trade off from one holiday to the next or one year to the next. Getting it all in writing can help avoid legal complications down the line.

Alternative celebration dates can come in handy

Perhaps, you’re feeling down because your co-parenting agreement states that your children will be spending a particular holiday at their co-parent’s house. A bit of creative thinking can help you and your kids to share holiday joy together as well. For instance, you can plan a celebration before they leave for their co-parent’s house or upon their return.

You can also make sure your ex provides your kids access to a cell phone, computer or other device so that they can touch base with you on the actual calendar date of a holiday. Many Texas parents use electronic apps like FaceTime or Duo to enjoy video chats with their kids when they can’t be with them in person.

Children will want to give gifts to both parents

If it’s a usual family custom for your children to give their parents a gift on birthdays or other holidays, they’ll want to do this after your divorce. Sending them to your ex’s house empty handed on a holiday might be what you feel like doing, especially if you harbor ill feelings toward him or her. However, your children may feel more at ease and enjoy their holidays if you help them choose and wrap a gift or prepare some baked goods for their other parent.

Ways to boost your children’s holiday spirit

Navigating a new co-parenting plan during the holidays can definitely make everyone feel a little down. Children, especially, may feel sad or start to miss the old family traditions you shared when you and their other parent were still living under the same roof. You can allow them to continue some of those traditions, even if it involves your former in-laws, for instance. If you’re comfortable inviting them to dinner, there’s no reason not to do so if it makes your kids happy.

It’s best to get things in writing

If you plan to travel with your kids during the holidays or feel strongly about spending a particular occasion with them, it’s best to incorporate such details into the terms of your co-parenting agreement. This way, the court can issue a child custody order to which you and your ex must adhere. This leaves little room for confusion or dispute when it comes time to determine where your children will be spending the numerous holidays or special events in their lives while you and they adapt to a post-divorce lifestyle.

Couples who take great pains to draft a detailed marital termination agreement in a divorce case can find that their post-divorce lives change in unexpected ways and that the divorce decree no longer fits one or both individual situations. This circumstance is especially common for divorced couples with minor children or jobs that require frequent travel.

Texas divorce law permits the divorcing parties to agree to modify the original divorce order by mutual agreement. If former spouses elect to follow this course, they must present their agreement to the court for review and approval. If the couple has minor children and one ex-spouse has decided to move to another state, the original order should be modified and approved by the court with specific reference to the children’s residence. Failure to obtain the court’s approval may invalidate the order if one spouse seeks to enforce it.

If the ex-spouses cannot agree on how to modify the order, they must apply to the court for a modification of the order. Such a motion can be made by either party and can involve any of several issues, such as the amount of child support paid by one parent, child custody, child visitation or place of residence. The moving party is required to present evidence demonstrating why the modification is necessary. If the proposed change affects the children, the moving party must be prepared to prove that the change promotes the best interests of the child. The moving party must also prove that the circumstances of one or both of the divorced parties have experienced substantial and material changes in their living circumstances. The failure to present this type of evidence usually means that the court will deny the motion for the amendment.

You may think your finances are comfortable now, but if you are heading for divorce, you may also be heading for a whole new way of thinking about money. Divorce is one of the surest ways to wreck your finances, often because those going through the process do not understand the ramifications of dividing their incomes and assets in half.

Fortunately, in the time leading up to your divorce, you can take some steps to reduce the chances that you will struggle when you are single again. As distracted as you may be by the emotional issues involved in your marriage breakup, you may have to set those aside and focus on your future if you hope to remain financially stable in your post-divorce life.

Wake up to your new reality

When you think of divorce logically, it makes sense that you would have to make some changes in your thinking about money, at least in the immediate aftermath of the divorce. You will have your own household to manage on a single income, and you may even have to repurchase certain items your spouse obtains through property division. You may have to find a better paying job and simplify your standard of living for a while. Meanwhile, you can take the following steps to prepare yourself:

• Create a budget based on your post-divorce income. This will be the most important tool to help you remain solvent in the years to come.
• Reassess your insurance needs, including home, life and health. You may not need as much as a single person, or you may need to purchase policies if you previously used your spouse’s.
• Learn how your divorce will affect your taxes, especially if you are paying or receiving spousal support or if you intend to seek complex assets in the divorce.
• Evaluate your retirement plan so you can begin to rebuild what you may have to divide in the divorce. You may need to shift your focus or postpone leaving work.
• Make sure all your financial documents reflect your new status, such as changing your insurance beneficiaries, powers of attorney and estate planning designations.

These are only a few of the steps you can take to secure a stable financial future. Your Texas attorney can help you with these and other ways to reach your goals. This includes fighting for your full and fair share of marital assets during property division.

One of the most difficult issues in almost every divorce in Texas is “dividing” the house. How can this be done?

Most divorcing couples resolve this issue by either selling the house to a third party and splitting the net proceeds, or having one spouse purchase the interest of the other spouse and remain in the house.

In either case, the couple must know what the house is worth. And that is when a competent real estate appraiser comes on the scene.

If the couple has owned the house for a relatively brief period of time, say less than five years, the purchase price may be a useful guide. Valuing a house that has been owned by the couple for more than five years can be difficult. The house may have been remodeled or rehabilitated. The nature of the neighborhood may have changed. Any number of other factors may affect the current value of the home.

Virtually every certified appraiser uses the Uniform Residential Appraisal Report. This form contains a number of questions about neighborhood demographics, housing trends, available utilities, measurements and other details about the size of the home and its physical condition. The appraiser answers the questions using information supplied by the owners and his own observations. The appraiser will also perform a comparative market analysis, which uses the value of comparable homes in the neighborhood to determine a fair market value.

By providing an independent and unbiased valuation for the home, using an appraiser removes what can be a difficult issue from the divorce negotiations. An appraiser’s valuation can also help a couple decide whether to sell the house or allow one spouse to stay in the house after purchasing the other spouse’s half interest.

The end of a marriage does not represent the end of a parent’s desire to provide his or her children with stability and security. Even when they no longer want to remain married, Texas parents still want to strive to make this transition as smooth and painless as possible for the children. One way that they may do this is by agreeing to a joint custody agreement. 

Parents often come to this agreement on their own, but many courts now prefer joint custody, as there are significant benefits for the children when they have regular and equitable access to both parents after divorce. Either way, you know that it will be important for the well-being of your family to make this type of arrangement run as smoothly as possible.

Will it be difficult?

Joint custody is often best for the children, but that does not necessarily mean that it will be the easiest choice for the parents. You and the other parent probably both have strong feelings to deal with from your divorce, and now you will need to work together to raise your children. This may mean that you have to set aside how you feel in the moment and focus on your kids.

Your feelings are valid, but they do not necessarily indicate what will be best long-term. It is in your interests and those of your children to keep your eyes on the future and securing terms that will work for years to come. The ultimate tip for making joint custody work is to keep the best interests of the children as the main priority over everything else.

Talking and working together

Joint custody may work better when two parents live close by. This will make it easier to get kids from house to house, but it can also provide them a sense of continuity of lifestyle. Joint custody will also require that you be willing to talk to each other and work together.

Another important aspect of making a joint custody arrangement work well is to be willing to cooperate on matters of financial support. Your order should clearly spell out which parent is responsible for specific expenses, but there may be times when unexpected things pop up. While you should pursue a fair outcome to these situations, it may be beneficial to maintain a willingness to compromise. 

A solid foundation

The foundation for any good joint custody plan is a strong, thorough and thoughtful custody order. The terms you include in your divorce order matter, and you may find it helpful to first discuss your agreement with an experienced family law attorney.

When you got married, it may have been one of the most important days of your life up until that point. You may have imagined what the rest of your life would bring as you shared it with your spouse. You likely thought of children, career goals and growing old together. While you may have reached some of those milestones, you may not have anticipated your now-pending divorce.

While it might have been hard to accept at first, you know that ending your marriage is the right decision. Still, you may have concerns about how you are going to handle all of the necessary divorce matters while also going into work as usual.

Tips for handling work and a divorce

Fortunately, most Texas residents who go through divorce also have a day job, and they often complete their cases successfully. You may take some comfort in that idea, but you still want to know what you can do to help your specific situation. Some tips for keeping everything in line during this time include the following:

• Have a solid schedule: If you find yourself answering emails or calls about divorce matters throughout your workday, you may easily become overwhelmed. Instead, you may want to schedule a specific time of the day when you will answer emails and make calls as necessary.
• Keep the office and the divorce separate: While you may have a moment or two of downtime in the office, you may want to refrain from working on divorce matters. If you use a work computer to store files related to your divorce or to gather related information, it could end up on a company server, which may put your privacy at risk.
• Keep the right people in the loop: If you own a company or co-own a company, you may need to inform your partners about what is happening in your private life because divorce can have serious implications for business assets, especially when it comes to property division.

This time in your life can certainly feel stressful, but compartmentalizing can go a long way in ensuring that you do not allow your divorce to affect your work and vice versa. If you still have concerns about managing it all, you may want to speak with your divorce attorney about keeping up a workable schedule and the best times to discuss matters relating to your case.

The Texas state legislature has made many changes to the family law code to bring it into conformity with laws in other states and with modern ideas about divorce and families, but the state’s family code still bears marks of older laws.

Perhaps the two most important aspects of divorce law in Texas are the availability of “no fault” divorce and the fact that a couple’s assets will be divided according to the state’s community property laws. No fault divorce means that the party who is seeking the divorce is not required to prove misconduct on the part of the other spouse. The divorce petition will be sufficient if it lists “insupportability” as the reason for the divorce. Other grounds, such as cruelty, adultery or conviction of a felony may be added to the petition, but an allegation of insupportability will be sufficient.

Texas law requires all property acquired during the marriage be deemed as belonging in equal shares to both spouses. When the divorce is granted, the court will divide the community property equally between the spouses. Spouses may designate certain assets as private property as long as the other spouse agrees.

Children under the age of 18 are treated as minors, and they are governed by the concept of “best interests of the child.” In other words, if the spouses cannot agree on issues of custody and visitation, the court will decide the issues based upon its findings about which remedy will serve the best interests of the child.