Jump to Navigation

Houston Divorce Law Blog

ADR: Useful in family law if conditions are right

Alternative dispute resolution – if you are a skeptic, you might be inclined to dismiss this phrase as a euphemism. In the current political environment, it might be easy to take the cynical view and relegate the phrase to a category that might also include alternative facts. But attorneys with breadth of experience in Texas family law likely agree that such views don't do justice to the potential value ADR can deliver.

The history of ADR in the legal realm is still somewhat young. It is being successfully used across a good number of practice areas, including business and landlord-tenant law. The typical forms it takes are mediation or collaborative law. Arbitration is considered an ADR model too, though it has come under something of a cloud recently because of a perception that it can favor the side with the most money.

Reasons to get a business valuation during divorce

If you own a business with your spouse and are getting divorced, you probably need a business valuation. Unless you and your spouse are totally amicable and willing to continue co-owning the business, your other options require determining its value. Here are two main reasons you might need a business valuation during your divorce. 

You want to sell the business

Helpful tips for getting through a high-asset divorce

Common divorce issues include child support, spousal support, community property division and child custody. The issues can become more difficult and complex when high value assets are at stake. Dividing complex property such as joint businesses, savings accounts, executive bonuses, pensions, investments and stocks can be challenging.

If you are getting a divorce and have high-end marital assets, it is crucial to understand your options besides litigation. The nuances involved with complex divorces are sometimes better dealt with through alternate processes.

Do you need a prenuptial agreement to protect your ideas?

Prenuptial agreements (as opposed to antenuptial or "post-marriage") are contracts that couples draft and sign that preemptively allocate how they want to divide their assets. Prenuptial agreements aren't, despite popular belief, an endorsing of the idea that your relationship has a time limit on it. They are useful tools that deal with the reality that sometimes people fall out of love. These contracts ensure that the divorce isn't as messy as it could be.

One type of prenup that is growing in popularity is one designed to protect intellectual property or even ideas. These agreements are increasingly popular among the Millenial generation. Ideas and intellectual property are the assets of the future, and many young people recognize that they need to protect these assets.

Postnuptial agreements continue to gain popularity

Some couples who did not enter into a prenuptial agreement before marriage are taking a look at creating the postnuptial variety. Interest has begun to build even for couples who have been together for decades. While it is a relatively new area of law, the postnuptial agreement may be as important in helping to save a marriage as it is in speaking to the division of assets in case of divorce.

Divorce Requirements in Texas

Once you have decided to get out of a bad marriage, it's time to start the actual process of divorce that would separate you from your spouse in the eyes of the law. In Texas, one of the spouses has to be a legal resident of the state for at least months in order to file for divorce. Also, the person needs to have resided in the country for a full 90 days before filing the divorce documents. If it so happens that one spouse is a Texas resident while the other spouse is located in a different state or even country, the non-resident spouse can file for divorce in the other location.

If a resident of Texas is a member of the military and has been working in another region of the world, that person will still be considered a resident. If a person is not a resident of Texas, but has been stationed in Texas for at least 180 days, that person will be considered a resident of Texas with regard to rules pertaining to divorce. In case of pregnancy, Texas courts will refuse to finalize the divorce until the baby is born. This precaution is taken to make room for orders regarding the baby that are to be included in the final ruling.

Preparing for a High Asset Divorce

Divorces are rarely pleasant experiences, and the level of animosity rises when there is a great deal of money at stake. That is why certain preparations need to be made to ensure you get your share from the divorce proceedings. Sift through the records of your marriage, such as photos, receipts and other assets you own. If you have made any expensive purchases, make sure you carry the full documents relating to the buy. Keep a file containing wills, trusts, bank statements, loan details etc. and place it in a safe location.

Keep track of all the costs that go into the divorce proceedings, such as hiring a high-asset divorce attorney. Keep an eye out for any tactics your spouse may use to hide assets. Valuable property may be claimed to be 'lost' or 'misplaced', but this is likely a ploy conceived as an effort to keep you from laying claim to the property. You deserve to receive your share from the divorce, so don't pass up a particular asset during the asset division process just because you don't like it. The asset can always be sold later for a profit. It's better to think in terms of finance, not sentiment.

Divorcing later in life can lead to some complicated issues

With many in the Houston area growing older, people may feel like they would like to make a new start with the time they have left. Divorce among older couples is on the rise, but that can lead to problems for these spouses.

In many divorce situations, especially among older people, one spouse, typically the woman, has not worked in a significant amount of time. A divorce can complicate the finances of those who have not worked. If this is the case for a person's divorce situation, there are certain things they should keep in mind.

Pet custody addressed in the first state law of its kind in U.S.

With divorce now common, family laws in most states have managed to adapt in ways that maximize the wellbeing of children. An increasing number of states, for instance, are encouraging some form of shared custody. The reasoning behind this is that it is generally in the best interests of children to maintain strong ties to both parents, when possible.

Financial considerations during and after the divorce process

There is no doubt that divorce impacts all affected parties emotionally, physically and financially. Unfortunately, because no two divorces are exactly alike, there is no "rule book" that spouses can follow in the wake of a decision to divorce in order to guarantee that they will emerge from the process emotionally, physically with financially stability.

Subscribe to this blog's feed

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.

Email Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

The Lincoln Law Firm, PLLC
12777 Jones Road, Suite 475
Houston, TX 77070
Phone: 832-478-6750
Toll Free: 888-598-9655
Fax: 832-645-7666
Map and Directions

Texas Divorce Attorneys, Mental Health Professionals, & Financial Planners
FindLaw Network