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Round Rock Family Law Blog

We offer more than litigation for divorce property division

Ending a marriage is a difficult step, and when a Texas resident does decide to take that step, they need someone they can trust on their side. Someone who can understand that this is an emotional time and represent them and their long-term interests. During the divorce process, it is important to ensure all the complicated paperwork is completed accurately, otherwise, there may me legal pitfalls down the road.

When couples have not entered into a premarital or post-marital agreement regarding property distribution and they have considerable assets to divide amongst themselves, it can lead to emotional arguments and tensions between the soon-to-be-former spouses. A judge will allow the couple to come to an agreement, but if the divorcing couple cannot do that, then the judge will have to do it for them. And, in Texas, where community property laws apply, it can lead to complications when the couple has co-mingled their property.

How does property distribution take place in Texas?

If a divorcing couple does not have children, the most contentious divorce legal issue they will face at the end of their marriage will be that of property division. Ideally, the couple can agree with one another as to how they will divide their property, but this rarely happens and courts must decide how to divide it.

Texas is one of the few states that follow a community property system, which means that all the couple's property is considered either marital property or separate property. This is opposed to an equitable distribution state, in which courts decide the fair distribution of splitting property between the divorcing couples.

What should a parenting plan cover?

As much as Texas residents would like to believe they can simply pick up and move on after their marriage has ended, this clean break is not entirely possible if the couple had children. Even though the couple's legal relationship with one another is finished, they are still going to consult one another with regards to decisions about the children. And, research has demonstrated time and time again that co-parenting is the best approach to raise children after a divorce.

Shared parenting, as it is also called, is when the parents are working with one another, as a team, to raise the children after their marriage has ended. It helps children get through what may be the most difficult time in their life, by giving them the love and support they need from both parents. Communication is key in co-parenting -- not only to avoid conflicts about visitation schedules, but also for children to see that their parents continue to respect one another.

Don't forget these important co-parenting tips

After a divorce, you may find it difficult to get along with your ex-spouse. While this is natural, you have no choice but to make things work if you have a child with the person.

While co-parenting is full of challenges and disagreements, there are steps you can take to make things easier on yourself and your child. Here are several tips you should implement:

Why choose a collaborative law divorce?

Deciding to end a Texas marriage is a difficult one for couples to make, and for many, it is just the beginning of the process -- between property distribution, child support and alimony disputes, the divorce process can be lengthy and emotionally draining. This is perhaps why there has been a recent increase in collaborative law divorces.

As opposed to the courtroom setting, a collaborative law divorce utilizes negotiation and mediation. Considered interest based negotiation, the process allows couples to focus on the issues that are important to them individually and as a couple, and work on achieving them.

Courts understand the importance of a dad in a child's life

Throughout the United States, including Round Rock and Austin, Texas, many aspects of society have changed over the last half century, including the roles of family members. Decades ago, it was common to assume that the father or "man of the house" would be the breadwinner. They would focuse on his career during the day or night to earn an income for his family, while the mother would stay home to take care of the children and the home.

Times have certainly changed since then, as we all know. Women are now much more inclined and accepted into the workplace. And, it is common for a father to take the role as primary caretaker for the family's children, while the mother is out working and advancing her career. These changes are now recognized in the courts, understanding that child custody is no longer often immediately assigned to the mother.

What rights do grandparents have in Texas?

We all want what is best for our children and our grandchildren. Often, that means an active relationship and presence between a grandchild and his or her grandparents. In the courts, however, there are not always guaranteed protections between a grandparent and their grandchildren.

The Supreme Court has made rulings that state grandparents do not have Constitutional visitation rights with their grandchildren. In the eyes of the courts, it is presumed that the parents will make an appropriate decision as to whether a child can see their grandchildren. There are some steps one can take to develop a relationship with their grandchildren.

Protecting a father's rights after divorce

Texans know that things can get messy in a divorce. Things can seem overwhelming at times and with emotions running high, it might be difficult to focus of what is important. For a father involved in a divorce, it is common for the primary focus to be on his children.

In the past, gender roles in the United States often dictated that the mother was the primary caretaker and housekeeper, while the father was the "breadwinner." The father's responsibility was working to bring home money for the family to survive. Watch any television show from the 1950's or 60's, and one sees how things used to be, for better or worse.

What are the benefits of joint custody?

Texans know that divorces can get messy, and one of the most contentious decisions is child custody. Each parent wants what is best for his or her child, and often, these opinions vary between spouses. There are occasional times, however, that the relationship between two divorcing parents is still strong enough to allow for shared or joint custody.

Commonly, child custody is determined by the courts, and one parent will obtain physical custody, while the non-custodial parent will have visitation rights. This means that at certain times, determined by the courts at the time of the child custody agreement, the non-custodial parent will spend quality time with his or her child.

What does divorce mediation look like?

When compared to litigation, many people realize that mediation is the best way to move forward with their divorce.

In short, divorce mediation is meant to speed up the process while saving both individuals money. With this in mind, it's easy to see why so many people are considering this as opposed to facing off in court.

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