For a Texas resident, the move to obtain a divorce will call for certain necessary actions that are widely recommended to secure the best outcome. Several things must be done to clear the way for a transition that is not overly stressful. If these principles are followed, the road to divorce will be a bit easier and will encourage more self-assurance along the way.
Many common beliefs about divorce are just not true. Whether one resides in Texas or another state, the same common myths about divorce and related issues seem to prevail. There are too many of them to mention here, but there are a few prominent beliefs that stand out.
The role of grandparents in child custody matters in Texas has increased steadily with the growth over recent years of the opioid crisis. Nothing can be more crippling to a parent's caregiving skills than addiction to heavy pain killers. It is not a new phenomenon for grandparents to be drawn into a parenting role for their grandchildren, but it is now happening with much more frequency. The phenomenon also results in an increasing number of court cases in which parents are fighting grandparents for child custody.
The summer season does not see a lot of divorce filings in Texas and other states. The focus on filing for a divorce naturally increases in the fall season. At that time, summer travel is over and the children are back in school. For those who are preparing to undertake such unknown waters, here are a few basic tips that may be of assistance in getting a feel for divorce negotiations.
There are various rules that apply to Texas family law regarding the tax consequences of a negotiated agreement that follows the dissolution of marriage. The federal tax impact on the parties must be considered when a divorce is being negotiated. The experienced divorce attorney will be familiar with the rules and principles that guide the negotiations on these types of issues. Where unusually complex income and asset issues are involved, the attorney may work with an accountant or tax specialist where appropriate.
A divorce throws your entire life into a twist. Imagine how your child feels if you, as an adult, are struggling to handle your divorce. Yes, the divorce is the end of a marriage between you and your spouse, but it's also seemingly and end to your child's idea of a family.
There are several negative outcomes that can arise when an American citizen marries an immigrant to allow that person to become a citizen. In one Texas case, a woman admittedly married a man from another country to facilitate his ability to become a citizen. She later discovered that he had already been married to someone in his country for many years. The woman tried to file a divorce action but found that the man had already filed for a divorce with forged documents.
Texas divorce negotiations may override the need or desire for a spouse to pursue pending domestic violence proceedings against the other spouse. This is precisely what appears to be happening in a divorce proceeding between a major league baseball star and his wife. The wife has declined an interview with major league baseball investigators due to the pendency of settlement negotiations involving both sides and their attorneys.
For some, the decision to marry is an easy one to make; for others, it is more difficult. The same holds true with the decision to divorce. For some Texas couples who have not been married for a long time or do not have extensive shared finances and other assets, it may be an easy decision. However, when the couple has been married for an extended period of time, there are often children involved and the majority of assets and liabilities are shared. While this can make the process more cumbersome, it is still the best decision in many instances.
The case of the wealthy spouse who has built up a spectacularly lucrative business and the relatively unskilled spouse who stayed home to raise a family and provide a home life is one that can raise problematic issues in family law proceedings. Where there is a prenuptial agreement, it should significantly simplify and reduce the claims of the needier spouse. In a divorce case in Texas, the right of a spouse to obtain spousal maintenance, also called alimony, is relatively limited and does not generally extend beyond three years from the date of the divorce.