Round Rock Family Legal Blog

Common myths about divorce mediation

On behalf of Heinrich Christian, PLLC posted in divorce mediation on Friday, February 15, 2019.

Divorce mediation is a common occurrence in today's world. It is an alternative that many divorcing couples use to appearing in court. Mediation is a great way to have your divorce attorney help you get what you want from the divorce. Today, we will take a look at the most common myths about divorce mediation so you go into the process with a clear understanding.

The most common myth is that you absolutely need the mediator to be on your side if you want to win. This is confusing mediation with arbitration, where an arbiter will hear both sides of the argument and then issue a ruling based on the evidence presented. A mediator cannot make a decision in mediation. He or she can only help the couple move towards a decision.

Financial facts every divorcing couple should understand

On behalf of Heinrich Christian, PLLC posted in property division on Friday, February 1, 2019.

If you're just about to get divorced, there are some financial facts about being a couple that you need to understand. You and your spouse have been financially tied together since the day you married -- whether that's a good thing or not -- and getting untied again may not be a simple task.

Here are some basic facts you need to keep in mind:

Try not to sabotage your divorce on social media

On behalf of Heinrich Christian, PLLC on Saturday, January 26, 2019.

When it comes to divorce in Travis and Williamson Counties, what you post on social media could derail your settlement. Though social media is a common platform for you to vent your feelings and share details of your life with others, you may want to rethink what you share moving forward until your divorce is final.

Divorce is never easy, especially if you and your spouse cannot come to terms on child custody, spousal support and the division of certain marital assets. If you plan to keep using social media during the proceedings, keep these pointers in mind.

Can kids choose which parent to live with after divorce?

On behalf of Heinrich Christian, PLLC on Thursday, January 24, 2019.

Child custody is typically one of the most contentious issues in any divorce. Every state has its own laws about who sees the child the most. Ultimately, it is the responsibility of the court to do whatever is in the best interest of the child.

There are numerous factors a judge will consider when determining child custody. In some cases, the child may get the opportunity to take the stand and state which parent he or she would like to live with most of the time. This is not the only factor considered, but it can play a significant role in the final decision.

Remember: Equitable doesn't have to be equal

On behalf of Heinrich Christian, PLLC posted in property division on Friday, January 18, 2019.

In community property states, spouses are considered equal owners of everything acquired or earned during their marriage. Dividing up the assets (and the debts) in a divorce basically amounts to splitting things in half.

In an equitable distribution state like Texas, things aren't so simple. The assets acquired by a spouse belong to the spouse that earned them. The other spouse doesn't necessarily gain a share. When there's a divorce, the property has to be divided up "in a manner that the court deems just and right." In other words, the court doesn't have to divide a couple's assets equally. Instead, the court must divide things equitably.

Want your divorce mediation to succeed? Read this first

On behalf of Heinrich Christian, PLLC posted in divorce mediation on Thursday, January 3, 2019.

Divorce mediation gives you a chance to gain more control over your own future -- far more so than you'd get if you let a judge decide.

However, a lot of people don't know how to approach mediation. They're very familiar with the idea of a litigated divorce -- where there are "winners" and "losers" -- but the idea of trying to negotiate an agreement that everyone can live with seems foreign. Far too many people approach divorce mediation the same way they do litigation: They have a list of demands and don't want to compromise.

How to tell divorce is coming

On behalf of Heinrich Christian, PLLC on Tuesday, December 25, 2018.

With a new year here, you may be contemplating divorce, along with many other Americans. January is a popular month for people to begin the divorce process, and March has the highest number of marriages ending, reports CNN.

Your spouse may be thinking the same thing, but you may not be sure it is something you want to do. On the other hand, perhaps you are completely content in your relationship but worry your partner is not. How can you tell a divorce may be coming?

Gosselin custody battle holds lesson for every divorced parent

On behalf of Heinrich Christian, PLLC posted in child custody on Sunday, December 16, 2018.

A little over a decade ago, Jon and Kate Gosselin's family fascinated America. The couple, already parents to twin daughters, added sextuplets to the family -- and a reality television show propelled them all into the limelight.

It wasn't long before viewers got to watch the couple's marriage fall apart. The couple had an acrimonious divorce just a couple years after their reality show started. Kate got the physical custody of the kids and continued the (revamped) reality show without Jon.

Texas custody battle hinges on child's transgender identity

On behalf of Heinrich Christian, PLLC posted in child custody on Friday, December 7, 2018.

A lot of divorcing parents end up at odds over their children -- but a Texas case is putting the issue of transgender rights in the spotlight.

In the middle of this case is a 6-year child, a biological male. According to the child's mother, the child is transgendered and lives as a girl in her home. The father, however, insists that the child "violently" refuses to wear female clothing in his presence or home.

How long can you expect the divorce process to last?

On behalf of Heinrich Christian, PLLC on Monday, November 26, 2018.

Although the divorce rate has declined substantially in most parts of the country, there are cities around the state of Texas that have much higher rates than average. For example, the city of Bonham has a married population of 39.3 percent, which is much higher to the divorced population of the entire state.

Every situation is different, and some cities may be able to process divorces faster than others. There are some factors to keep in mind to get a better understanding of how long your particular divorce process will last.