NEGOTIATING A DIVORCE USING COLLABORATIVE LAW Deciding to end a marriage is not easy, but when couples do make the decision, their aim is to work out a settlement agreement that suits their individual and mutual aims while dealing with one another respectfully. When there are children involved, it is even more important to be…
CAN A CHILD DECIDE WHO THEY WANT TO LIVE WITH IN A DIVORCE CASE? Many couples in Texas may be under the misconception that when a child reaches a certain age they can decide which parent they want to live with in the event of a divorce. However, this is not the case. There are…
ELIGIBILITY FOR SPOUSAL SUPPORT A spouse requesting post-divorce support in Texas must be eligible to receive spousal maintenance before a court can grant the request. The court cannot award spousal maintenance to a non-eligible spouse on its own. However, parties are free to agree and contract for post-divorce support even when the court would not…
WHAT TO DO IF YOU OVERPAID CHILD SUPPORT Child support is designed to ensure that both parents are contributing to the financial needs of any shared children they might have. In cases where a paying parent overpays child support, it is possible to recover the excess support, though this depends on a number of factors….
HOW TO MODIFY A DIVORCE AGREEMENT Divorce agreements are meant to be permanent, but it’s not uncommon for a party to want to change it for one reason or the other. A significant change in circumstances (death, relocation, job loss) after a divorce can make a modification necessary for the best interest of the parents…
BENEFITS OF A PRENUPTIAL AGREEMENT Texas residents may be aware that a prenuptial agreement is an agreement a couple enters into before getting married that sets how the separation will take place, should a divorce occur. Many argue that it is a recipe for disaster, as a couple is assuming the inevitability of separation, even…
DOES TEXAS RECOGNIZE LEGAL SEPARATION? When Texas couples have a marital dispute that’s too serious to repair, divorce may be the only option. Texas, unlike most other states, does not legally recognize separation. This has consequences at the end of a marriage because Texas is a community property state. Everything that was owned by the…
Five Tips for Surviving Christmas During A Divorce Traditionally, Christmas is a time for bringing the family together to celebrate. However, when you are in the middle of, or have recently completed, divorce proceedings, the holiday can feel much less festive. Below is a list of five tips for surviving a divorce during the holidays:…
