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Round Rock Family Legal Blog

Modifying a child support order in Texas

When a Texas couple divorces with young children, the divorce judgment will include a child support order. Courts order support amounts based on legal guidelines as well as their assessment of the children's best interests.

It can happen that, over time, circumstances will change in the years following the divorce, and you may want to look into obtaining a modification of the original order. It is important to do this correctly, as mistakes can lead to serious practical and legal problems.

Child custody: Get a co-parenting boost through technology

Divorcing can eliminate many painful issues from your life, but if you share children with your ex, a split may introduce other problems. For example, many divorced Texas parents find that they have more contact with one another than is ideal. This is especially so when co-parents are not on the same page regarding child custody and visitation scheduling.

You already know how useful technology is in helping you achieve your day-to-day goals, but technology may also solve many co-parenting issues. Couples who have trouble communicating face-to-face or over the phone have found that technology can replace many contentious discussions. Even if you have a positive relationship with your ex, this tech could improve the way you and your co-parent care for your children.

For what reasons can you divorce in Texas?

Even today, divorce can come with a lot of social stigma, especially in a conservative state like Texas. You may be wondering if the law reflects this attitude and requires you to have a concrete reason to end your marriage.

The answer is no. Texas is a no-fault state, meaning you do not have to prove your spouse is at fault for anything. The cause instead would be "insupportability," meaning that conflict or discord does not support the relationship or the probability of reconciliation. Also, if you have lived apart for three years, you can file for divorce.

Beware! Texas property division may not mean a 50-50 split

Most American states use the equitable distribution system to address property division in a divorce. This means that the court divides a couple's property in a way that it deems fair and equitable. Texas is one of only nine states that use the community property system to settle marital assets.

To put it in simple terms, community property gives each spouse equal ownership of all property acquired throughout the marriage. If you are like many of our blog readers, you probably think this means that you and your spouse can split your assets fairly right down the middle. Sometimes, divorce does not result in a 50-50 distribution because some assets are actually separate property.

Cryptocurrency may be a factor in a high asset divorce

What is cryptocurrency? According to Investopedia, cryptocurrency such as Bitcoin is digital money that relies on cryptography for security.

The complex nature of this currency makes it difficult for most people to understand without doing a great deal of research. This currency is largely anonymous, making it difficult for the average person to trace. As you might expect, this could work against a spouse involved in a high asset divorce.

What to do if your ex does not follow the divorce order

You may breathe a sigh of relief once the divorce is final, believing you can move on with your life now and that the worst is over. While coming to the divorce agreement may have been the worst part in your case, the struggle may not be over. Your ex could continue to be uncooperative and contentious even after the divorce proceedings are complete.

For various reasons, some ex-spouses do not follow the divorce order, whether it is not dividing assets properly or failing to pay child support. What are you to do in these cases? First, try with a notification from you or your attorney warning that you will get Texas courts involved again. This attempt will also help your case if noncompliance continues. If the warning does not produce the results you want, then consider alternatives.

Defining divorce mediation and collaborative divorce in Texas

Realizing that it is time to end a marriage is hard for many couples to accept. Usually, both spouses try as hard as possible to save a relationship before throwing in the towel. After finally making the decision to divorce, couples will have to choose how to proceed with their plans.

At one time, just about the only way to end a marriage was through litigation. However, now couples can choose from several divorce options. We would like to discuss two of these options in our blog: divorce mediation and collaborative divorce. Many Texas couples think that these two methods are the same, but differences between the two exist.

3 tips for getting a quick divorce

If your marriage is ending soon, you may have concerns about how long the divorce will take. The duration of your divorce will depend on how amicable you are with your spouse, but contrary to popular belief, divorce does not need to take forever. 

The truth is, a quick and easy divorce is possible. You do not need to spend months or years through an agonizing legal battle. If you choose to get a collaborative divorce or go through mediation, you can get through the process much faster than through traditional litigation. Follow these tips if you want to end your marriage as quickly and painlessly as possible. 

Can I move out of state with my child after a divorce?

Divorced parents have many valid reasons why they wish to move out of the state once a divorce occurs. A parent might receive a good job offer outside of Texas or wish to live closer to his or her family members. Although it is the right of single parents to seek a better income or a more desirable living arrangement, they must still comply with child custody orders.

The first thing to understand is that you cannot simply uproot your child and move away on a whim. Your co-parent will probably object to such a move and doing so could land you in the midst of a child custody dispute.

Is your prenuptial agreement valid?

Prenuptial agreements are becoming increasingly common. Maybe you signed one yourself some years ago. However, time has passed and circumstances have changed. If you are now contemplating divorce, you may be wondering whether the court will still enforce that agreement.

Texas law sets forth several requirements for a prenup's validity. Generally, Texas courts favor enforcing prenups so long as they do not suffer from obvious technical defects. However, several types of errors can lead to a finding that the prenup is invalid.

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