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Round Rock Family Legal Blog

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.

Divorcing may be harder than marrying for some same-sex couples

When the U.S. Supreme Court legalized marriage for same sex couples across the nation, many citizens rejoiced in the knowledge that they could make their unions legal. While these couples would probably not say that the ruling was a mistake, they are discovering that many hurdles still exist in equalizing family law for every couple in the country.

As it turns out, ending a same-sex marriage may be more difficult than it was to tie the knot in the first place. All kinds of issues can complicate matters when it comes to same-sex couples and divorce. On the federal level, complex tax-related issues affecting alimony and the transferability of certain assets come into play.

How does property division work in Texas?

If you and your spouse have decided to divorce, it is a good idea to seek answers to your property questions before your case proceeds. Property division is one of the most complicated matters a divorcing couple will face, and if the breakup is contentious, a fair balance is even more elusive. The first thing you need to know is that property division falls under Texas community property law.

When a couple divorces in a community property state, it often means that each spouse gets half of the couple's marital assets and debts. However, in Texas, the split may not be precisely equal because family law courts aim for a fair and just distribution. Some of the factors judges consider in this goal include:

  • Differences in each spouse's capacity to earn
  • The custody of minor children
  • The health and condition of each spouse
  • Whether a spouse would suffer financial hardships after divorce
  • Anticipated inheritances for one or both spouses

Pension division in a Texas divorce

The division of property is a large part of the divorce process. Depending upon the state that couples live in, the division of assets during divorce can take different forms.

It is important that parties understand the different aspects of this process. In regard to pensions in Texas, there are certain elements that contribute to their division.

Wealthy Texas Spurs owners at center of high asset divorce

It is safe to say that most Texas couples getting divorced are not millionaires. Even high asset divorces in the state do not typically involve such great wealth. However, this divorce case highlights some of the property issues that arise when couples who share valuable assets decide to call it quits.

According to media outlets, Julianna Hawn Holt, chairperson and co-chief executive officer (CEO) of the Spurs basketball team, filed for divorce last December. Her soon to be ex-husband, Peter Holt, served as the team's chair and CEO before Mrs. Holt, but he gave control of the Spurs to his wife in a surprise move nearly two years ago.

Keep your divorce out of court

Innovators often begin with simply wondering if there might be a better way. Airbnb began when a couple of guys couldn’t pay their rent, blew up a few air mattresses in the living room, and charged $80 a piece for them. They took that idea and turned it business worth more than $10 billion—a valuation that surpasses even hotel giant Hyatt.

Divorce litigation is the old, business as usual way of handling divorces. It can be long, drawn-out process that can be as ugly as you can imagine. Divorce litigation can be:

The role of the divorce lawyer in divorce mediation

Divorce mediation is an alternative to deciding your divorce case in front of a judge, where you will not have any power in the proceedings. Mediation is a suggested form of negotiation for any couple getting divorced in Texas. You will be required to attend mediation prior to facing a judge in family law court. Here's a little explanation of the role of the divorce lawyer in divorce mediation.

When you go to divorce mediation, it's best to bring your divorce attorney along with you. He or she will be able to answer all of your questions and guide you in the right direction. A divorce attorney representing you will help ensure that the decisions being made are in your best interest and are not taking advantage of you.

How you can make custody exchanges stress-free

Dealing with child custody issues can be daunting for parents. Children are impressionable and will struggle with the custody arrangements no matter how well they have been planned out for the best interests of the child. The most difficult part of a custody arrangement is typically when parents exchange custody of their children. Here's how you can make the exchange as stress-free as possible in Round Rock.

One of the best ways to ensure that the child custody exchange goes well is to make sure it happens at school. School is comfortable, familiar and peaceful for your children. It's also a place where you and the other parent will likely not begin fighting over any issues. You wouldn't want to make a scene in public, let alone in front of your child's classmates, teachers and other parents.

How your social media accounts can affect your divorce

Your social media posts may be used to build a strong case against you in court if you’re not careful. Heated divorce cases can lead people to take drastic measures. A vengeful ex may even resort to stalking your online accounts in order to gather personal information that could sabotage your character.

But there are some things that you can do to keep your social media posts from ending up in the courtroom. Here are some tips on how you can prevent yourself from becoming a victim of cyberstalking.

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