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Fort Worth Family Law Blog

Overcoming the myths related to parenting after divorce

A parent in Texas may be denied the ability to have physical custody of a child after a divorce. However, this doesn't mean that he or she is a deadbeat or otherwise not a part of a son or daughter's life. In many cases, noncustodial parents will be entitled to visitation rights and generally play a role in their child's upbringing. It is possible that parents who don't get physical custody of their children will be given legal custody.

Parents of either gender may be allowed to have physical custody of their children. Therefore, it is merely a stereotype that all noncustodial parents are fathers. Furthermore, there are instances in which noncustodial parents receive child support payments from the custodial parents. It is also relatively common for individuals to make their support payments on time regardless of whether they have custody of their kids.

How a Texas woman can prepare for a divorce

Texas women who are considering divorce should be aware of some important documents they will need to have on hand. Divorce is burdensome for all involved, but it can be especially difficult for wives. Unfortunately, women are often in the dark about household finances, legal assets and investments.

A woman who realizes divorce is imminent should start by focusing on her own financial situation. Take the time to gather every piece of vital information prior to initiating the divorce process. This will help ensure that settlement decisions are well-researched and well-informed.

How to allocate child support money

Being responsible for full custody of your child can be a huge challenge. Even if your ex has custody 2 days per week, your obligations as a single parent are still massive.

Child support money is meant to ease the financial expense of these responsibilities. However, you may have some confusion about the most advantageous way to use it. Here are a few guidelines.

Tips for handling a divorce with children

Divorce can be notoriously tough on children, but there are many things parents in Texas can do to make the experience easier. There are also things parents can do to make the separation worse, so it's important for both parents to pay close attention to how their actions are affecting their children's health, emotions and stability. According to professional therapists, it's conflict, not divorce itself, that causes turmoil with children.

Parents need to let their children know that the divorce was not the children's fault while empowering them to make decisions about life after the separation. When children feel like they are taking part in the decision-making process, the situation doesn't feel as chaotic and out of control. Parents should not keep their children in the dark about what's going on even if the divorce is very complicated.

Divorce and division of property for stay-at-home parents

Texas is a community property state, and this means that in a divorce, each spouse is entitled to 50 percent of all marital assets. However, most states have a policy of equitable division of property. This means that property will be divided fairly, but it does not necessarily specify what is considered fair. One study found that when it comes to valuing the contributions of mothers who stay at home versus fathers who are breadwinners, men and women differ in their conclusions.

The study provided participants with six different scenarios that had the same basic premise of a family with a stay-at-home mother for 12 of the 17 years of marriage. The father filed for divorce. The variations came in the occupations of the two, their education and how much property they owned. Men tended to award more to the mother if she had a higher level of educational achievement. Women generally did not consider these factors and gave mothers a larger share in property division overall. They placed a higher value on caregiving while men valued the father's breadwinning more.

Ending a marriage amicably

Ending a marriage in Texas, or any other state, is often distressing. The events that led up to the decision to divorce take an emotional toll as many spouses dread the divorce process, assuming it will be adversarial, stressful and expensive.

While it is true that some divorces are acrimonious, there are ways in which divorcing couples can minimize hostilities while negotiating fair settlements. Unfortunately, if one party feels particularly hurt by the actions of the other spouse during the marriage, he or she may try to take revenge through the divorce process.

Child custody modification and legal considerations

A divorced mother or father with a difficult child custody arrangement may need to request a modification order. Parents can ask the judge to change a custody arrangement. However, Texas courts generally do not wish to make modifications unless a parent names specific reasons recognized by law. If the current arrangement functions for everyone involved, the court will not usually make any changes. The court will not modify a custody arrangement based on trivial reasons.

A judge focuses on the child's best interests before making any changes. Consequently, modifications normally take place when a child faces immediate emotional or physical danger. The court views domestic violence as a legitimate reason for making any revisions. For instance, a child may live with a parent who has the capacity to cause bodily harm. In this situation, the judge will approve an order to remove a child from the domicile.

Problems cryptocurrency may cause in property division

If one or both people who are divorcing in Texas own cryptocurrency assets, getting an accurate assessment of their value could be difficult. Another potential issue with cryptocurrency is that it can be easier to hide than many other types of assets. Because cryptocurrency is so new, few professionals have much experience dealing with it as part of a divorce settlement.

The value of cryptocurrency can fluctuate quickly and significantly. One attorney in New Jersey says it may be necessary to change when assets are valuated, making it closer to the time of property division. A British lawyer has cited a case that involved cryptocurrency assets purchased for £80,000 that went as high as £1 million and then down to £600,000 between November 2016 and February 2018. He suggested assessing value throughout the divorce process. One expert has compared the challenges in fixing a value to cryptocurrency for the purposes of a divorce to that of appraising art.

The ins and outs of property division in a Texas divorce

If you're married and considering a divorce, you are likely giving some thought to which property and assets will remain with you and which will go to your spouse.

That's a good question. Texas is a "community property" state which means that any property, assets or debts that you had before you were married are yours while any that were gained or shared during the marriage will be split in the most equitable fashion possible.

Causes behind the rise in gray divorce

Some Texans may be aware of the recent rise in the rate of gray divorce -- separations involving spouses aged 50 and older. What makes this rise so unique is that it stands in stark contrast to the overall declining rates of divorce in other age demographics.

There are numerous reasons why an older couple may opt to go through the divorce process. For example, an extra-marital affair could break a marriage apart. According to some social analysts, there is now less stigma surrounding infidelity. After all, there are dating websites dedicated to helping spouses stray from their marriages.

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