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Plano Family Law Blog

Mother’s erratic behavior aggravates judge

Attorneys handle much of the interaction with the judge and other parties in the courtroom. Nonetheless, Petitioners and Respondents serve their best interests if they show up for hearings before a judge. Even if the client says nothing, their presence illustrates how seriously they take the proceedings.

Short marriage leads to a long divorce process

Telling people about a divorce is complicated

The most challenging part of announcing one’s divorce maybe breaking the news to the children. It will take patience, understanding and empathy as they process the news. Conversely, the soon-to-be-divorced husband or wife should ideally get some of that patience, understanding and empathy from friends, adult loved ones or co-workers and bosses. Unfortunately, this will sometimes not be forthcoming.

The soon-to-be-split from spouse likely had some time to process their news and may be ready to move on, while their announcement may take time to sink in with others. Some people when told will be confused and off-base with their response, while others will perfectly sum up the situation, whether it is a “sorry to hear that,” “I’m not surprised” or “congratulations.”

Custody issues focus on the child's best interests

When parents battle for custody of their children, it can quickly turn ugly. It is common for parents to lose sight of the best interests of the children when fighting to achieve their own ends. If you are dreading an upcoming custody hearing, you certainly want every possible advantage. However, this may involve impressing the court with your own parenting skills rather than just bashing the other parent.

The main factor the court will be looking for is whether your children's best interests are your foremost concern. You can demonstrate this by putting on evidence of your best parenting.

Handling an ex who badmouths is difficult

It is natural for ex-spouses to become frustrated with their former-partner occasionally. It could be their parenting choices, chronic tardiness, or an on-going issue that contributed to the divorce in the first place. But unfortunately, some will continue to go out of their way to spread false information about an ex-wife or ex-husband.

The reasons for this could be the sting of a failed relationship, fear of the new life ahead, or a tendency to thrive on conflict, which can lead to divorce. However, this unhealthy behavior affects parents and children alike. Rather than continue this cycle of negativity, it is better to take steps to put a stop to it.

The fate of your small business during divorce

Before you got married, it may have occurred to you to look into the benefits of a prenuptial agreement to protect your family-owned business from the consequences of a potential divorce. Whether you postponed the idea or dismissed it altogether, you may now be wishing that you had put that plan into action. If you are now facing divorce, you have every reason to be concerned for the well-being of your business.

Texas is a community property state, which means that, in a divorce, the court presumes that all property claimed by the parties is community property, and then divides all jointly-owned property fairly and equally between the spouses, with some exceptions. The burden of proving that separate property is NOT community property and is therefore NOT subject to division by the Court falls upon the party asserting the existence of separate property, which must be proven by “clear and convincing evidence.” Even if you owned your small business prior to getting married, there is every chance that your spouse can claim any profit or appreciation that took place during the marriage, especially if you took no steps to protect it. You may have limited choices if your business is on the table during property division.

Man seeks sword duel to settle divorce

Some who go through the JOY of Divorce find the experience of negotiating a fair and equitable settlement to be unsatisfying. Claiming he had been "destroyed legally" in divorce court, David Ostrom of Iowa came up with a solution to divorce negotiations that seems more apt for medieval times or Game of Thrones.

Ostrom made the unusual request in court documents that he wishes to challenge his ex and her lawyer to meet on the field of battle with swords where he will "rend their souls from their corporal bodies." He requested 12-weeks-time to forge one Katana sword and one Wakitzashi sword for the battle.

How to sell the wedding and engagement rings

 The wedding and engagement rings are symbols for two people in love. After the couple has eventually filed for the JOY of Divorce, however, the rings can be more like a glaring reminders of bad choices and an unsuccessful union. Unless they are family heirlooms passed to one of the children, it is often in the best interests of the wife (or husband) to get a reasonable price if they plan to sell the rings, and it can also provide some much-needed closure.

6 Tips for surviving high-conflict divorce

It is often not in the best interests of couples to argue needlessly during the legal emancipation process ending in the JOY of Divorce. But regardless of how positive one spouse’s attitude is, the other may consciously or unconsciously make the process more stressful and complicated than it needs to be.

Some will be surprised by this new behavior, while others will have seen it for years and cite it as a cause for the split. Either way, there are specific strategies recommend that can reduce the stress level.

A postnuptial agreement could help you protect your future

Did you sign a prenuptial agreement before you married? If not, you are not alone. Many Texas couples often skip this step because they believe it is not necessary for their situation. You may assume that you do not have the wealth or assets to really need this type of legal contract, or perhaps you felt that bringing it up would be a sign that you doubt your fiance’s commitment to the marriage and fear that the marriage will fail at some point in the future.

Things may be different now than when you married, and you may wish that you had taken the appropriate steps to draft a prenuptial agreement when you had the chance. Thankfully, there are still options available to you. Through a postnuptial agreement, you can have the same level of legal protection. This type of agreement works in virtually the same way as a prenuptial agreement.

How you can help yourself have a healthy divorce

Going through a divorce can seemingly turn anyone's life upside down. Already, you may feel as if you do not know where to turn for help or don't know how you will manage all of your personal obligations on top of dealing with your divorce case. As you can tell, it is easy for such a situation to feel overwhelming.

Before you give in to the potential panic and stress of the ordeal, you may want to remember that you can help yourself have a healthier divorce. You may think that "healthy" and "divorce" are two terms that do not coincide, but they can if you want them to.

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