There are many advantages to using mediation to handle family law matters such as divorce or custody issues. Advocates point to benefits, such as it is less expensive and much quicker than litigation. It also gives the couple much more control over how matters are resolved rather than leaving such matters to a stranger (the judge) to make important decisions that will affect the lives of family members.
Many are aware that mediation is a common form of alternate dispute resolution that enables parties to resolve matters outside of court. While it is used in different legal contexts, it is particularly well suited for family law because it enables the parties to resolve differences in a less confrontational manner.
There are a lot of statistics about how millennials are waiting longer to get married or staying in a committed relationship that does not include a plan for marriage. However, love is often unpredictable and can strike before the couple finishes college or graduate school. While students famously live on a shoestring budget and often do not have fulltime employment, it is still worthwhile to consider a prenuptial agreement.
Sometimes a separation is the best option for initiating divorce proceedings, particularly under circumstances where the stress in the family home is through the roof. Unlike most states, Texas does not recognize legal separation, which means most separated couples will initiate divorce proceedings. Nevertheless, couples do have options if they choose to live apart before divorce.
One of the main takeaways for couples filing for divorce in 2019 will be the fact that alimony (called spousal maintenance here in Texas) will no longer be tax deductible for the spouse paying. This likely means an increased tax obligation to those who pay, but financial analysts believe there are still other areas where there are opportunities to save money or enjoy more financial flexibility in a divorce or family law agreement while remaining compliant with the new Tax Cuts and Jobs Act.
The law has a certain amount of ambiguity that leaves it open to interpretation. However, there are certain ironclad rules. One such rule is that a judge must appear to act impartial. Therefore, it must have come as a shock to many when a New York judge took an adversarial stance towards a man who was behind on his child support payments.
It is typical these days that parents getting divorced share custody of the children. It is also common for the parents to split up the time kids spend with each parent. Traditional plans can be weekdays at one parent who lives by the schools and weekends with the other. Some parents favor an equation alternating blocks of days that can mean parents will not have the same blocks two weeks in a row.
Postnuptial agreements can be quite helpful in a number of ways. Some couples look at a postnup as a way to marriage because it can create a solid financial plan that outlines responsibility and obligation of both parties. Conversely, couples who are contemplating divorce may want to put together a plan of how the divorce process would be done, thus mapping out what the divorce would look like.
Parents quickly realize that there will be a certain amount of trial and error after the divorce. This even can happen in the most agreeable of situations, but the key is to remain patient and remember the priorities. It starts with creating positive memories for the children. It is best to have a clear set of expectations and arrangements going in. This should be a part of any parenting plan and can help ensure its success.
The division of a marital property business can be the biggest issue for business owners who file for divorce. Texas is a community property state. Excepting proof of gifts, clearly designated personal injury settlements and previously-held assets, the community estate represents all assets acquired during the marriage. Unless there is a prenuptial or postnuptial agreement, this means that both spouses own an equitable (or "just and right”) portion of the business if the business was started or bought while the couple is married.