Sabelhaus Lynch, PLLC

Fort Worth Family Law Blog

How divorce can impact a child's future educational prospects

The end of their parents' marriage can affect children in many ways, and studies indicate that this also includes a child's future educational prospects as well. There is significant indication that divorce can impact whether a child attends college, even if this step is years in the future. Texas parents may want to take note and work together to minimize the potential negative impact that a divorce may have on their child's emotional and mental well-being. 

Divorce is expensive, and both parties may experience a reduction in income. However, finances are not necessarily the main reason why children of divorce are less likely to go to college. It's likely that the emotional damage of a divorce keeps kids from moving forward with higher education opportunities. Divorce is often most difficult for the youngest members of the family, and they can carry these unseen scars for the rest of their lives. 

How does the property division process affect business owners?

When a couple decides to move forward with divorce, they will have to divide marital assets. For some Texas couples, this means figuring out what to do with a family-owned business. The property division process can be complex, especially when there is a successful business at stake. When a person knows what to expect, he or she can develop a strategy that will be best for his or her long-term interests. 

Many couples find it beneficial to work on a settlement agreement out of court. When working on a settlement, it is prudent to think about the long-term implications of any agreement, as well as potential tax consequences. Separating business and personal assets, especially when the business is the primary source of income for both parties, is a uniquely complex process. 

More states adopting ‘pet custody’ laws

To many Texans, dogs and cats are not just pets – they are members of the family. Even if you have children, you may feel the same way about your own beloved dog or cat (or other animal if you are a bit unconventional).

Unfortunately, the love we share for our “fur babies” can make divorce proceedings especially difficult. Unlike children, whose care and wellbeing are governed by comprehensive child custody laws, Texas has no such laws for how to address pets in a divorce. In the eyes of the law, dogs and cats are simply property, like a couch or a set of dishes. But in states around the country, there is widespread support for adopting pet custody laws that would treat pets more like human kids.

How will your insurance change after a divorce is final?

During the process of ending a marriage, a person is facing many complex financial and legal issues that will affect his or her future for years to come. Divorce is overwhelming, and it's easy to become overly focused on things such as property division and spousal support. While these are important matters, it is also prudent to consider insurance coverage and whether a divorce will change the protection a Texas reader has. 

One important consideration is what will happen to a person's life insurance coverage. This type of insurance coverage can have an important role in a non-earner's future, especially if a former spouse passes away or is otherwise unable to make support payments. Like when dealing with other important assets, it may be possible to negotiate a fair agreement regarding a life insurance policy.

Addressing retirement in the property division process

Divorce will bring significant financial changes for both spouses, and it will likely require both parties to make some adjustments in lifestyle and future expectations. This is particularly true for retirement accounts. It may be prudent for a person facing the prospect of divorce to understand how the property division process works and what it could mean for his or her retirement plans.

When a Texas couples divorces, they will have to divide all marital property. This includes retirement savings accumulated over the course of the marriage, which can be a substantial amount if the couple was married for a long time. A person interested in protecting his or her interests in divorce will need to know what types of accounts are subject to division, their classifications and how money is paid out from those accounts.

Should a protective order require a background check?

Hopefully you never need a protective order. Yet, there are times when you may need a legal deterrent for someone who has threatened to harm you or your family. There are times that these orders have made a difference in a dire domestic situation.

While protective orders can help, recent events have raised the question if process of obtaining one could be better.

How your social media posts can affect your divorce

You may have already figured out (even if it was the hard way) that there are some posts you shouldn't make while you are going through a divorce.

As much as it might be nice to have your friends rally in your corner, it makes sense not to talk about your fights and paperwork battles on social media. But there are still more topics you should avoid posting about while you and your ex are negotiating your divorce.

Dividing marital property in divorce, including the family home

When a Texas couple decides to move forward with divorce, they will have to divide all of the property they purchased, accumulated or earned over the course of the marriage. This is often one of the most difficult aspects of the divorce process, particularly when it comes to valuable marital property to which people may have an emotional attachment. In many cases, this includes the family home.

A couple may opt to simply keep the family home and share expenses, deciding to wait and sell until after the children are grown and gone. After the children move out, they may then decide to sell and share the proceeds. In other situations, one spouse may buy out the other. This will allow that spouse to remain the home, which is sometimes a way to provide stability and continuity of lifestyle for the children.

How does a court determine child custody?

If you are a parent just starting the divorce process, one of your first thoughts may be about who will end up with custody of your child. If you and your spouse cannot agree on a plan, a court will determine child custody, legally called conservatorship, based on the best interests of your child.

There are two types of child custody in Texas. Joint managing conservatorship involves both parents sharing child care responsibilities. Sole managing conservatorship involves just one parent managing child care responsibilities.

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