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Who’s Getting the Property in Your Divorce?

Posted by on Dec 20, 2018 in Family Law | 0 comments

Though it may not be your first question in a divorce, it is one of the most important: who’s getting all our stuff? When you’re going through a divorce, it’d be nice if everything had a very clear tag denoting who owns what and who is entitled to what, but that just isn’t the case usually. People buy houses together as a married couple. They buy cars. They buy expensive furniture. They buy expensive electronics. They invest together. They invest in each other together. Sorting out who gets what can be incredibly difficult and upsetting, even in the best of situations, which most divorces are not.

However, one thing that helps is to have a basic understanding of how property is divided in Texas before you file for a divorce. That way, you know what to expect when the process begins, and you’ll be prepared. What does Texas law say about property division? For that, we’ll look at Adams Law Firm, where they have already addressed this question with their clients and potential clients.

Adams Law Firm tell us that Texas is a community property state. What that means is that any property purchased during a marriage probably counts as joint property. To me, that makes a lot of sense. If you bought a boat together, you are both entitled to ownership. There are exceptions to this, such as property received as gifts or through inheritance. That will stay with the person who received those pieces of property. Any property you had before the marriage will also remain yours and won’t be divided up.

So, what happens with that joint property during the divorce? The court will attempt to divide it up equitably in most cases – note that equitably is different than equally. The court will consider factors such as the length of the marriage and the behavior of each spouse when deciding how to divide the property fairly. While this could mean a 50-5o split, this is relatively unlikely.

What does this mean for you? It means that it’s best to try to work with your soon-to-be-former spouse to come up with an agreement about the property before the divorce so that no one loses out on some piece of property that is important to them. Otherwise, you may see that boat sold in order to split the value as evenly as possible. This is one of the most painful parts of a divorce. After all, many pieces of property come to have great importance to us. Your house is your home, and no one wants to lose that place that is so central to their sense of security. Yet, only one individual can keep a house after a divorce.

Understanding the basics of property division in a divorce can allow you to prepare for what is ahead now. If there is some piece of property that is important to you, try to speak to your spouse about it beforehand, or else, instruct your lawyer to attempt to maintain possession of that property. You are sure to lose some of your property if you have been married for a significant amount of time, but with a good lawyer and the best of efforts to resolve things fairly, you don’t have to lose everything.

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Minimizing Child Engagement in Child Custody Cases

Posted by on Aug 5, 2017 in Family Law | 0 comments

Child custody cases are not always pleasant. After all, we are talking about a child here, and custody can have deep personal effects for the parents. According to the website of Higdon, Hardy & Zuflacht, the best interest of the child is the top priority in child custody cases, but of course, each parent will think that the child will be better off with him or her.

Because of the seriousness of the case, the parents may rely on desperate measures – measures that can be detrimental to the child. This is counter-productive, considering that the best interest of the child should be the top priority. The involvement of the child in the case should be minimal, because the child may have negative emotional and psychological responses.

Go for mediation or uncontested divorce

If the child custody dispute is part of a divorce case, you should opt for a divorce that is not aggressive in nature. Contested divorce may require a lot of court proceedings, and these proceedings may need the child to be in court for interviews and such.

What makes this bad is that the child may have the tendency to think that he is the reason why his parents are trying to go their separate ways, or at least part of it.

If you go for mediation or uncontested divorce, you are reducing the involvement of the child in the legal matter, eliminating the risk of this negative emotional and psychological response.

Do not badmouth the other parent

A legal dispute can be very emotional, and the negative emotions can intensify as the disputes stretch through many months. Some parents tend to say negative things about their ex-partners in front of their child, either to let off some steam or get the child on their side.

But a child doesn’t deserve to hear his other parent being badmouthed. Children are more perceptive than we think, in the sense that they know whether what a parent is saying to the other parent is true or not. This can affect the child’s relationship with either parent – the badmouthed parent if the badmouth statements are true, or the badmouther parent if the badmouth statements are not true.

Again, it is best to not involve the child in the dispute.

Do not deny the other parent’s access to the child

If there is no legitimate reason, a parent should not deny the other parent’s access to the child. It cannot be stressed enough that the best interest of the child is the top priority of child custody, and it is the best interest of the child to have access to both mother and father.

However, there are instances where access denial is legitimate, like when the other parent is committing domestic violence, child abuse, substance abuse in front of the child, and child endangerment. But there are instances where parents deny access just because they feel like the child to be their own only, or they like to get back to the other parent by hurting him or her emotionally. Either case can be detrimental to the child’s development.

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