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Houston Divorce Law Blog

Common mistakes people make during a divorce

Many Houston residents will go through a divorce in their lifetime. Although some married couples think their marriage will last forever, in many cases a divorce becomes all but inevitable. Of course, the end of a marriage is often a highly emotional period, and in this atmosphere one can easily make mistakes that will make matters worse later on. It is important to keep in mind some common mistakes people make during the divorce process.

One legal mistake an individual can make is not choosing the divorce process that works best for them. Collaborative law, mediation, and negotiation are three routes to a divorce, so it is important to learn about these choices and what makes for individual's particular situation.

Important documents needed for divorce mediation

When a person is thinking about a divorce in the Houston area there are many things to consider. Going through the process can be stressful enough, but even knowing what paperwork to prepare can seem overwhelming. Yet, gathering important documents in advance can help expedite the divorce and make sure key issues are ready to be discussed.

A divorce is an emotionally traumatic event for a person to go through. It can therefore be difficult to focus on the logistics of the event. But, it is very important for a person to gather all of their important legal and financial documents. A divorce attorney will need these documents to make sure property division, child support, alimony, and other financial matters are handled correctly and in a divorcing party's best interests.

Property division can be contentious in a divorce situation

Houston residents who are going through a divorce know how intense and complicated the experience can be. Among the most contentious issues in a divorce include complex property division. Having an advocate on your side can make a big difference.

Property division in Texas can be complicated. There are many different assets that are included in the property division portion of a divorce. These can include the family home, vacation home, cars, recreational vehicles, artwork, retirement accounts, savings accounts, businesses, and credit card and other debt. Most people are concerned about how the property will be divided after the divorce is finalized and have many questions about the process.

How is alimony determined?

Most Houston area couples believe that their marriage will stand the test of time. But statistics show that a large number will end. In the event of a divorce, a spouse may wonder whether or not they will be awarded spousal support if he or she requests alimony.

How is alimony determined? Alimony is usually awarded to help eliminate any economic advantages that one spouse may have. Many couples have one spouse who makes significantly more money than the other, so alimony is a way to make the discrepancy fairer in the event of a divorce. Many times, one spouse stays at home to take care of the family so alimony is often awarded in order for that spouse to have the time to gain job skills or to keep the lifestyle they had during the marriage.

A prenuptial agreement often makes sense

With wedding season in full effect in the Houston area, the last thing future brides and grooms want to think about is the possibility of their marriage not making it. But for many marriages, divorce does occur. And even just talking about financial issues can be a great way for couples to start out their new lives. A prenuptial agreement is one way for couples to protect their assets before marriage.

There are many reasons for couples to consider having a prenuptial agreement. One reason is if one partner owns their own business. Another reason is if in the future there is a pay gap that is expected to occur, such as one parent staying home with the children or if one partner is going back to school.

Federal employees going through divorce

As many Houston area residents know, federal government employees often have generous retirement benefits. For those residents going through a divorce, it is critical to know how those retirement accounts and other federal benefits can be handled by the court system.

There are different ways that a federal employee's retirement benefits can be handled in a divorce. The court can award a percentage to the ex-spouse to divide the property or they can also award benefits to the children.

Does a prenuptial agreement with an infidelity clause make sense?

Newly engaged Houston couples are most likely ecstatic about their future with the love of their life. The thrill of planning the wedding and thinking about growing old with someone is thrilling. But the reality is that many marriages still end in divorce. A prenuptial agreement makes sense for a lot of couples and adding in an infidelity clause is becoming increasingly popular.

A prenuptial agreement is usually drafted to offer asset protection to each person before they get married, protecting each spouse in the event of a divorce. But besides financial protection, prenuptial agreements can also offer protection as the result of a person's behavior.

Money mistakes made in a divorce situation

The end of a marriage is an extremely emotional situation for couples in Houston. Although many couples will find themselves facing divorce, it can still be a traumatic experience for everyone. Financial issues are typically some of the most important matters that a couple deals with, however, if couples do not pay an appropriate amount of attention, many mistakes could be made.

One financial mistake that can be made in a divorce is assuming that the divorce attorney is a financial expert. While the family law attorney is an expert when it comes to legal issues one could face during the divorce, it is often best to consult with a financial planning expert who can give sound financial advice.

How are pets handled in a divorce?

Many Houston residents enjoy having a pet. According to the American Veterinary Medical Association, 44 percent of Texas residents own a dog. In the United States, 62 percent of households have at least one pet. Pets are beloved family members that often get mixed up in a divorce settlement. So how are pets handled in a divorce?

There is a good chance that a couple going through a divorce has a pet. In some cases one spouse is more attached to the animal, which makes it easy to decide who gets to keep it. Or one spouse may be moving to a place that doesn't allow animals. There are times that both spouses want to keep the animal, which can result in a traumatizing situation.

In a divorce situation, financial affidavits are important

In Houston divorce situations, financial matters are almost always at the center of disputes. Many times, couples disagree about financial issues and a divorce just heightens the emotions. Financial affidavits are critical in a divorce because of the scrutiny financial information goes through.

A financial affidavit is a document that each person submits in a divorce listing exactly what is owned and what is owed. It also lists what a person earns and how much money is spent on expenses. It is incredibly important that this document be complete with all information, as this is the document that determines alimony and child support payments. The final divorce settlement often depends on the information contained in this document as well.

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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