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Houston Divorce And Family Law Blog

Mediation in the divorce process

Couples in Texas who are going through a divorce may choose mediation instead of using the traditional court route. While mediation is not for everyone, it can be an effective tool in easing the stress and financial burden that accompanies most divorces.

According to the Texas Department of State Health Services, there were almost 72,000 divorces in the state in 2014, with Harris County having the highest number compared to other counties. Even when children are involved, mediation can be a better way to come to an agreement about division and custody when each party has mutual respect for the other.

The risks of a gray divorce

Many people in Texas are waiting until their kids are grown before divorcing their spouses. After many years of marriage, countless challenges and the sacrifices they have made for each other, they are no longer willing to remain in their relationships. Anyone who plans to rush to file for separation should consider the disadvantages that are prevalent in gray divorces. 

Effects on health 

Is an inheritance shared property? Here's how to know

Your spouse obtained a large inheritance while you were married, and you've both enjoyed living well while having that money in the bank. He always had it in his own bank account, which wasn't a problem for you. If you wanted any money at all, he'd simply transfer it over to your bank account.

You had both agreed to keep your bank accounts separate, but now that you're getting a divorce, that could make things tricky. Inheritances are treated a little differently than other kinds of assets.

When a child requests a custody modification in Texas

In a Texas divorce, parents may have taken a number of factors into consideration when discussing the child custody arrangement. Even though they want what is best for their child, they may also have made some decisions during the negotiations based on what they wanted as parents. If the child does not agree with the arrangement, he or she may be able to do something about it.

The Texas Family Code states that the courts may review and honor custody modification requests from children 12 years old or older. By law, the discussion between the child and the judge takes place in the court chambers. Neither parent is included in this interview, which may help ensure that the request is not because of pressure from one parent or the other.

Talking to your spouse about property division

When couples decide to divorce, disagreements concerning a myriad of challenges may arise. From custody and visitation to child support and spousal support, ending a marriage can lead to confusion, uncertainty and even hostility. At Fabio & Merrill, we know that many couples face hurdles over the distribution of marital property in Houston. If you are anticipating divorce, it may be helpful to sit down with your spouse and go over the division of property.

There are many different types of marital property that courts divide, from financial accounts to family homes. Moreover, there may be certain items, such as family heirlooms or art, that are particularly important to you. If so, you may benefit from talking about these matters with your spouse. Although property division can lead to quite a bit of stress, you may be able to have an outcome that is more favorable if you take the time to think ahead.

Building financial independency during divorce

Each year, many Texas couples turn to divorce as a viable solution to putting differences in the past and moving forward as independent persons. Often, when the decision to divorce is made, an immediate need to determine financial standings is required to make sure each spouse has the support they need.

One of the best things any divorcing couple can do is to take proactive steps to become financially independent from the other. According to Forbes, there are several different ways to expedite this process including the following:

  • Issuing an agreement: Legally binding separation agreements have the ability to provide clarification which is imperative in a couple’s ability to move forward. Without a formally written and issued agreement, couples are often left to fight things out which leaves important decisions open to personal interpretation.
  • Understanding the finances: Couples seeking a divorce should take the time to understand the state of their finances. Doing so can provide insight into where money is coming in and going out, and it can also provide clarification in determining where changes need to be made in regards to separation.
  • Ending joint accounts: As quickly as possible, a couple should make every effort to close out all joint accounts with banks, credit unions and credit card companies. Often, this is the first step in separating finances and building independency.
  • Establishing personal credit: In regards to each spouse’s financial future and ability to obtain credit, proactive measures should be taken to establish, strengthen and maintain personal credit. One of the best ways for an individual to do this is to open credit cards in his or her name and begin building credit right away.

Make plans now if you and your ex are staying in business

The last thing that most people who go through a divorce want is to have to work with their ex on anything. If you and your ex own a company and you are both still involved in the company after the divorce, you will have to work together.

It is imperative that you set the stage right from the start so that you can have a suitable working relationship. Here are some tips to help you do this:

Can you take steps to be better prepared for divorce?

Deciding to divorce your spouse is never a decision that is made easily and with perfect confidence. In fact, such a serious choice requires adequate time and thought to determine whether or not it is the most effective solution. However, there are certainly things you can do to proactively prepare for divorce in Texas and give yourself a better chance at making a smooth transition.

According to The New York Times, you could consider asking yourself several important questions to help you make a more informed and confident decision regarding divorce. These questions can also help you to prepare for the challenges that you may face in your future. Finally, if each of these questions is carefully assessed, you and your spouse may find that amicable agreements are a lot easier to come by. Here are some of the questions to consider asking yourself:

  • Is separation going to bring both of you increased happiness and satisfaction?
  • What steps can you take to put the needs of your children first and keep them out of arguments and conflict?
  • How can you learn from your present experience to avoid similar situations in the future?
  • What are you most fearful of?
  • Do you and your spouse understand the other’s concerns about the relationship that have led to discussions about divorce?
  • What can you do to prevent your divorce from tarnishing your self-image, self-confidence and self-worth?

What does it take to have a friendly divorce?

Maybe you hope to one day be able to be friends with your spouse after the emotional strain from your Texas divorce settles, but the idea of a “friendly” divorce may still sound laughable. According to Psychology Today, though, there are concrete steps you may take to reduce conflict and work toward a positive outcome for both of you.

Although you and your spouse may both want to assign blame for the disintegration of your relationship, it could help to uncover the outside forces that drove you apart, such as health problems, a family member’s death or career issues. These influences can cause an emotional struggle for any couple, and the resulting stress is frequently a catalyst for relationship troubles when dealing with them takes a certain skill set that one or both spouses have not developed.

How to divide artwork during divorce

One of the most difficult aspects of a divorce in Colorado is dividing up your property. When it comes time to decide who gets what, things can get complicated. This is especially true if you are an artist and have to decide what to do with your creations. We at Fabio and Merrill have experience helping clients determine what to do with marital property and can help you find the best home for your artwork as well as any other possessions.


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