GUNNSTAKS LAW OFFICEDallas Divorce Attorney | Texas Family Law Lawyers2024-03-15T11:26:13Zhttps://www.gunnstakslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502612/2021/11/cropped-GUNNSTAKS-Site-Icon-min-75x75.jpgOn Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502792024-03-05T04:48:10Z2024-03-05T04:47:45Zsteps you can take to minimize the odds of complications arising.
Preventing potential issues during the division of property:
One of the first crucial steps is to carefully identify and value all assets owned by both you and your soon-to-be ex, including any items for which you share ownership together. After you’ve completed this step, you will need to classify which of these are separate properties versus which are marital properties. On far too many occasions, it is at this point in the process where one of the parties involved purposely fails to disclose certain assets. These “hidden assets” often include the following and more:
Digital currency
Real estate properties
Offshore bank accounts
Jewelry
Vehicles purchased without a paper trail
Artwork
Casino accounts and/or lock boxes
Last but not least, it can be critical during this time to check for the possibility of any third-party claims to particular assets from creditors, siblings, children, “silent partners” and other beneficiaries.
Other important factors to consider during a high-asset divorce:
Beyond the due diligence involved with the marital assets, there are many other important aspects of your divorce that could drastically affect your financial future. One of these could be the amount of debt you and your soon-to-be ex accumulated during your marriage, which is typically subject to division. Also, you need to consider any future child support and spousal support payments, along with the tax ramifications of your divorce settlement.
Having to prepare for all the unique intricacies involved in your divorce can create quite a stressful and emotional time. Fortunately, an experienced, board-certified family law expert attorney can provide you with much-needed peace of mind while also significantly increasing your odds of achieving the best outcome possible.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502702023-12-11T21:28:52Z2023-12-12T04:23:16ZChild custody and mental illness
What happens if one parent suffers from a mental illness, such as depression, anxiety or bipolar disorder, and while that parent is receiving effective treatment, the other parent wants to have primary custody on the basis that they believe the other parent is not able to care for the children because of their mental illness?
Texas law prioritizes the well-being of the child and considers many factors when deciding matters of child custody. If one of the parents suffers from a mental illness, the court will consider it one factor among many others, and the weight it gives to the factor of mental illness will depend on the severity of the illness and how it impacts the child's stability and well-being.
It is critical to understand if the argument that the other parent is making comes from just wanting to win, gaining leverage over the parent who suffers from mental illness, and perhaps even wanting to hurt them, or if they are sincerely concerned about the children and their concerns are justified.
Unfortunately, sometimes parents will use their children as pawns to gain leverage over the other parent. Doing so may cause great harm to the child and the relationship between the parent and the child.
"Best interests of the child" factors
In Texas, if the court gets involved in decisions involving child custody, it will consider the mental illness that the parent has as one factor and will likely inquire into the matter further. For example, the court may want to know what treatment the ill parent is undergoing and whether it is effective.
Mental illness, is just one factor that the court will take into consideration when deciding matters of child custody. If the parent who is ill demonstrates that they are seeking treatment, following medical advice and creating a stable environment for the child, the court may not place a lot of weight on the factor of mental illness.
Document everything
Whether you are the parent suffering from mental illness or a parent who is concerned about their child spending time with the other parent alone because of the other parent's mental illness, it is important to maintain documentation, provide all evidence and communicate with your attorney immediately.
These issues are especially sensitive in divorces and can trigger feelings of anger or helplessness in the parents. You may find an important consideration in choosing your legal representation would be to have an experienced, Board-certified Family Law expert attorney to help you navigate the divorce, including the issue of child custody, in order to achieve a result that is in the best interest of the child.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502682023-08-14T06:28:37Z2023-08-18T06:28:22ZThe process of ending a marriage is a difficult, often emotional endeavor, even when you and the other party resolve to work together amicably on the terms of your divorce. A Texas divorce is never easy, but it can be especially complex when you are about to go through a divorce with a narcissist. If you are facing the prospect of a difficult divorce that will involve emotional hardship and mental duress, it is in your interests to know how to prepare ahead of time.When the other party is a narcissist, he or she will be difficult to work with as you navigate the process of negotiations and discussions over the terms of your final order. In fact, negotiations may be impossible, depending on his or her behavior. Regardless of the challenges ahead, you can seek terms that will allow you to protect your interests and pursue a strong future.
Mental and emotional preparation
A narcissist will have a difficult time seeing any options outside of what he or she wants. Additionally, a narcissistic individual will also often try to act in ways that are intentionally harmful and manipulative. Since you are prepared for that type of behavior, you can prepare both mentally and emotionally for each step of your divorce. Some of the things you may find helpful include the following:
Make sure that the individuals who are providing counsel for you throughout this process are aware of your concerns. They will need to prepare as well.
Keep copies of everything, and try to document as much as you can.
Stay calm, and know that the other person will do everything possible to get a reaction out of you.
One of the most helpful things to remember is that you need to remain focused on what is most important, which is the well-being of your kids and your long-term security. By remaining focused on these things, you will be less likely to react poorly and make an imprudent decision based on your temporary emotions.
A long-term perspective
It will not be easy to keep a long-term perspective, especially if you are divorcing a narcissist. However, you do not have to navigate this difficult process on your own. You will benefit from seeking guidance regarding how you can protect yourself, avoid decision-making based off your temporary emotions and seek the best possible outcome for you and your family. ]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502662023-05-23T18:59:20Z2023-05-23T18:56:04Zcommon examples. Grandparents may see one or more of them when trying to build or maintain a relationship with their grandchildren:
Demeaning: Parents will denigrate grandparents, reminding the children how bad, unfit, unloving, or uncaring the grandparents are. The parent will encourage the child to think this way as well.
Inflexible: Parents forbid contact or control contact with rigid boundaries of length or regularity. They may promise visits that they consistently cancel.
Secretive: Parents do not share information regarding pivotal events in the children's lives, such as graduation, sporting events, severe illness, or school performance. They may also encourage the children to go along with this behavior. The parents may go so far as to block the grandparents on social media so they do not see updates that other people do.
Prying: Parents will interrogate the children after a visit to the grandparent, inferring with their concern that it was a waste of time, puts the kids at risk, or implies that the grandparents are a terrible influence.
Threatening: Parents send or leave threatening messages to stay away from the children.
Grandparents can take action:
If they sense a problem or face opposition, grandparents in Texas generally have the right to apply for visitation privileges. In fact, they can even file for custody if they believe they can show the Court that it would be in the grandchildren's best interests. Those with questions or concerns about this crucial issue that impacts the lives of young loved ones can contact an experienced, Board-Certified Texas family law expert attorney.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502502023-03-24T20:08:18Z2023-03-29T02:39:43Zfifth most expensive state for divorce, costing an average of $23,500 if kids are involved and $15,600 if no kids are involved for an average of $19,550. This total is compared to the national average of over $12,800.
Why is it so much?
Generally speaking, the cost involves how many important issues the spouses agree upon and how many still need to be negotiated. Filing fees are usually a few hundred dollars, so most of the cost involves attorney fees. The fewer the sticking points, the less time spent negotiating and the less billable time. If the case goes before a judge, the legal cost will be considerably higher because trials mean time in court and preparation. The amount that one side is willing to spend will usually result in the other side also hiring to spend similar amounts.
Cutting corners can be expensive
Compromise is vital to a fair and equitable agreement, but this does not mean a spouse should go along with whatever the other side proposes. Divorce is one of the most significant decisions one ever makes. Each detail can impact lives for years to come, whether it is parenting plans, child support, custody, spousal support, or the division of marital assets.
The client must protect their interests and children by doing it right. This means:
A review of all assets verified by your attorney, including retirement plans, insurance plans, stocks, overseas accounts, etc.
An accurate valuation of real property, a business, and other assets that increase in value over time
An accurate evaluation of each spouse's earning potential now and in the future
Other issues unique to the marriage, such as disabilities or extra expenses attributable to any children of the parties
Failure to consider the above issues can mean leaving money on the table that should have been part of your settlement.
Better to do it right the first time
Working with an experienced, Board-Certified Texas family law expert attorney can provide peace of mind. Not only can they help ensure a fair split of assets, but they can also attend to all of the details, so couples can avoid the additional expense of later unnecessary modifications. Getting it right the first time can also prevent the need to appeal the divorce court’s decision.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502402023-03-01T20:48:13Z2023-03-03T19:29:54Z joint custody means that each parent has equal parental rights while raising the child, this need not mean that the child’s time is split equally among coparents, so the custody order dictates how much time you have with the children.
Perhaps your situation has changed, there may be a job offer in another city, or your schedules are different now that the child is older. Co-parents can go back to court when your custody order no longer works for the family.
Texas does allow custody modifications
To make an official change to your custody order in family court, you must file a Petition to Modify and request for a custody modification hearing. If your co-parent agrees with the proposed changes, you can undergo a relatively quick uncontested custody modification process. Changes can occur by default if the parent does not respond to the request.
If you disagree with the proposed changes to your parenting plan, you should file an answer or waiver of service and not sign the Order Modifying the Parent-Child Relationship.
To finish the contested custody modification suit, you must schedule a hearing. In addition to providing information to the courts ahead of time about the proposed changes and giving the co-parent at least 45-days-notice of the hearing. You both will have an opportunity to argue why making or not making certain modifications to your parenting plan would be in the best interest of your children. During preparation, attorneys can gather evidence and create a strategy that strengthens the parent’s case.
A judge or a jury considers the arguments, determining if the modification(s) requested better serves the child’s needs while also upholding the co-parents’ parental rights.
It’s best to be well-prepared
Learning more about the rules for custody modifications in Texas can help you feel confident in seeking more time with your child after your divorce. Still, it is often best to work with an experienced, Board-Certified Texas family law expert attorney to ensure that the proposed modification reflects the family’s needs if changes are needed.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502422023-02-16T18:25:08Z2023-02-22T18:23:12Zconversion (a civil charge equivalent to theft), trespass to chattels (unauthorized use of property) and fraud.
The dispute went to trial, where Richardson received sole ownership of the dog. The court further instructed Barlow to also pay $12,000 in attorney fees. She would receive $600 for her 50% ownership when the couple purchased the dog.
Barlow disputed three elements of the ruling, claiming the trial court erred:
In awarding sole ownership
In awarding $12,000 for attorney’s fees
In awarding less than market value for the dog
The appellate court ruling
Appeals Courts do not retry cases. Instead, they determine if the trial court followed the law and considered all applicable elements of the case. The 298th Judicial District Court of Dallas County reviewed the case and found conflicting evidence over ownership. Nonetheless, it ruled that:
Richardson rightfully retains ownership of the dog because it was impossible to divide the property.
$600 was an appropriate amount.
There was no legal basis for awarding attorney’s fees because the issue should be tried by consent with authorization of award for the fees. In this case, there was no such authorization.
Some battles are worth fighting
It is sometimes vital for former spouses or couples to fight for ownership of pets or other jointly owned property. Many family law attorneys do not focus on litigation or appeals, so it is often essential to work with an experienced, Board-Certified Texas family law expert attorney who can handle litigation and highly contentious family law matters.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502382023-01-19T21:56:44Z2023-01-24T16:55:28Zone study, 80% of couples who separate later file for divorce within three years, 5% reconcile, and 15% remain separated ten years later.
Common financial reasons
A couple may want to separate but believe financial considerations prevent it. These can include:
Income tax benefits: The IRS offers many benefits to married couples who file jointly, including more deductions and credits, larger IRA contributions and larger capital loss deductions.
Health insurance: It is a significant expense and primary concern for many who do not want to change doctors if they switch plans.
New living space: Some are unwilling to move from their current residence.
Inaction can lead to problems
Once couples go through the motions of dividing things up and moving apart, the urgency to divorce subsides. It may seem better to leave things under the new arrangement. However, there can be real setbacks and risks for those who do not divorce.
There are financial risks: The argument for remaining separated can easily be turned upside down. One spouse may engage in high-risk investing, reckless spending or have different financial goals. After years of saving, that shared nest egg could disappear, and there is very little the other spouse can do about it. Taking this issue one step further, a spouse could accrue a large debt, and spouses may be jointly liable for debt burdens whether they live together or not.
The future is uncertain: There is an inherent risk in investing or running a business. Alimony and child support are based on circumstances at the time of the divorce, but years into a separation may find a spouse less successful than they once were. Businesses can decline, or an act of God can impact them. It may be a matter where an issue (such as addiction) that caused the separation becomes increasingly harmful to the bottom line.
Remarriage: While a current spouse may be comfortable being separated, it can be a problem for those who start dating or want to commit to a new and loving relationship. The baggage of an old marriage limits the attempt to move on.
Death: In the unfortunate event that a spouse dies, the separated spouse may be long out of the picture and is entitled to a significant portion of the marital assets. Children who thought their parents were divorced may find themselves in dispute with a parent.
Clean breaks are often best
It is generally best for couples to make a clean break of things and then go their separate ways, perhaps only seeing each other at family events. Those with questions about the wisdom of a proposed separation can discuss the issue with an experienced, Board-Certified Texas family law expert attorney who can explain the short and long-term implications.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502362022-12-20T22:45:28Z2022-12-22T17:40:42Zdivorce month. The name is attributed to the timing where it is best to wait until after the holidays to file or announce the split, particularly if the spouses have young children. It can either be an agreement between the spouses or one deciding to file. The stress of the holiday season may also be the last straw for one or both of them. The next common triggering event thereafter will be Valentine’s Day.
Successful preparation starts with these three steps
Those who plan to file early in the new year should start preparing in December. Divorce is a complex process, and there are some necessary early steps for beginning this life-changing course of action:
Gather paperwork: Scan or make copies of tax returns, mortgage statements, financial records (including retirement accounts), insurance policies, car loans, and other papers related to the marriage. Documenting these early on can help identify any attempts to hide assets or unnecessarily deplete accounts.
Take inventory: Rather than trust a spouse to do this, it is best to document all significant assets accrued during the marriage and valuable ones brought to the marriage but used by the family. This latter category includes businesses, real estate, artwork, collections, vehicles, boats and other valuable objects. Photographs and videos of assets are very helpful in preparing Inventory Forms later, during the actual divorce.
Contact an experienced Family Law attorney: Successful and highly recommended attorneys’ schedules can fill up quickly in the new year, particularly if they are an experienced, Board-Certified Texas family law expert attorney who frequently handles nasty divorces. The client may want to schedule initial consultations in December to discuss possible strategies and other details important to the client.
Thinking about these important issues and others in the coming days is a useful first step towards achieving that New Year’s resolution.]]>On Behalf of GUNNSTAKS LAW OFFICEhttps://www.gunnstakslaw.com/?p=502302022-11-21T20:09:41Z2022-11-22T18:49:21Zspousal maintenance is designed to support the spouse. Spousal support amounts can vary based on the income a spouse earns and other factors. It also need not last indefinitely unless the spouse cannot support themselves due to some serious documented and present proven disability.
In the era of dual-income families, it can be transitional support during the divorce or even after the divorce is complete. It may allow the spouse to return to school to update their job skills and better support themselves, or it may conclude after the children are older, and the ex can dedicate more time to their career. It is usually needs-based, and the spouse receiving support isn’t “entitled” to maintain the same lifestyle they enjoyed during the marriage.
Grounds for changes
Divorce is a time of great change, and spousal maintenance can help ease the transition, but the future is hard to predict. The agreement will outline support and when (or if) it is terminated. But there may be a substantial change in circumstances since the divorce where it makes sense to seek a post-divorce modification to lower or end the support. Common grounds include:
Remarriage: Those receiving maintenance should notify their ex that they plan to remarry. The paying party can then file a motion to terminate post-divorce spousal maintenance.
Cohabitating: It is okay for a family member to move in to lend a hand or contribute to bills while there, but exes who enter continuous conjugal cohabitation may also qualify to have spousal support terminated.
Death: There may be specific arrangements, but the death of either ex-spouse terminates the support obligation.
The spouse is due the total agreed upon amount until the termination, which means the other spouse is still obligated to pay any accrued amount of arrears that may have existed prior to the termination of the financial obligation.
Modifications may be necessary
There are foreseeable changes like the ones listed above, but there may be other reasons to adjust or terminate the financial support by filing a post-divorce suit for modification. Many find it helpful to discuss their situation with an experienced, Board-Certified Texas family law expert attorney who handles all family law matters. They can weigh the details and legal options and help a client determine whether a change is necessary. Then they can argue on behalf of their client’s interests.]]>