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Houston Divorce Law Blog

Why some months are better and worse for filing divorce

People can decide to end their marriage for all kinds of reasons and at all times of the year, but for reasons that aren't entirely clear, some times appear to be more popular than others. As we discussed in a previous blog post, January is the busiest month for divorce filings. For Houston couples who have divorce in the back of their minds, there are pros and cons as to why January may make sense to file for divorce.

There are advantages to filing for divorce in January. The start of a new year can be a good time to make big personal steps in starting a new life. For that reason, January may be a good time to make the huge decision to initiate a divorce. Also, the holiday season is now many months away and family life has returned to a more normal state. January also means that the year-end income has been deposited and annual bonuses have likely arrived already. That income is subject to division during the divorce settlement.

Kindness can go a long way during a divorce

Any Houston couple who has gone through a divorce knows how emotional and traumatic the situation can be. During this time, it may be helpful keeping in mind that kindness can go a long way in a divorce situation.

January is the busiest month for divorces in the United States. For many reasons people choose January as the month to end their marriage. A divorce is one of the worse things a person can go through and is full of a range of extreme emotions. There are many ways to make the divorce a bit less painful and kindness is one trick. First, being kind to your ex can make you feel better about yourself and help your own attitude. Complementing your ex on his parenting style or helping her out with a simple task can go a long way in keeping the relationship civil. Second, be kind to those who are going through a divorce. This is most likely a very difficult time of their lives and being there for them is important. In addition, be kind to your kids. Kids need to feel that they are safe when their parents are going through a divorce and that their needs are being heard as well. New traditions can be started and an atmosphere of hope and positivity can go a long way. Finally, be kind to yourself. There are so many extreme emotions that are experienced in a divorce. There is no perfect way to handle them and beating yourself up over it won't help.

What must a collaborative law participation agreement include?

Many Texas families face difficult decisions when it comes to issues such as a divorce. A divorce can be a complicated and emotional matter. But many Texas couples decide to use collaborative law to work through a divorce settlement.

A collaborative law divorce is an alternative to the typical courtroom drama that is shown on TV. A divorce is worked out through the couple and their attorneys instead of going into court. There are many benefits for using a collaborative process in a divorce. It can be less stressful, improve communication and can be more comfortable for both parties. It can also lead to creative solutions and help make the divorce process easier on children. It can also be less costly than the traditional court divorce.

Texas grounds for fault in a divorce

When a Texas couple gets married the last thing on their mind is a divorce. But a large percentage couples will go through a divorce. In Texas there are several grounds for fault for a divorce.

When a person decides to file for divorce they need to list a reason. There are 7 grounds for fault in a divorce in Texas. The first is insupportability which means irreconcilable differences. This is the only fault that doesn't blame either party. The other faults include cruelty, adultery, conviction of a felony, abandonment, living apart (couples need to have been living apart for at least 3 years), and confinement in a mental hospital.

January is busiest month for divorces

Now that the holidays are over many Houston residents will be making fresh starts for the New Year. The fresh starts may be exercising more, starting a new hobby, cutting down on sugar intake, or changing up a relationship. January is the busiest month for divorces.

Family law attorneys are used to getting many divorce requests during this period. There are many reasons why people choose to seek out a divorce in January. Some stay together during the holidays and wait until January to seek out a divorce. Others stay together during the holidays and think that things will get better but they don't. Unrealistic expectations during the holiday season can also lead couples to seek out a divorce when things didn't go as expected. And of course the beginning of a new year can be seen as the time for change and new beginnings.

Parenting during the holidays

Holidays for most Houston residents carry a certain amount of stress. But when a family has gone through a divorce and there are children to shuffle to different family homes it can be hard to handle. Having a plan for these situations is important in a collaborative law divorce.

Most divorce settlements have visitation plans in place for children and their parents. During the holidays these visitation plans can get complicated. Parenting time with the children over the holidays requires careful planning. First, a parenting schedule over the holidays should be in writing and signed by both parents. Both parents should agree to this plan to minimize any complications. Negotiation over the schedule is critical for both parents. Since both parents will probably want the kids at the same time there are different ways to arrange a schedule. Parents can alternate years for holidays with one parent getting Christmas day this year and the other parent getting it next year. Or parents can split the time which can work well if the parents live near each other and are good communicators. Being flexible is important in making sure kids don't suffer in the disagreements that often arise.

What is a pre-marital agreement and is it always enforceable?

Whether they have great wealth or not, a great many people who get married in Texas seek to have a pre-marital agreement. This is for asset protection, property division and for many other reasons in the event that the union does not work out. However, those who are signing a pre-marital agreement need to understand what can be in the agreement itself and under what circumstances it can be voided and unenforceable.

When a couple forms a pre-marital agreement, it can relate to the following: the rights and obligations of the participants in any property of either or both no matter when or where it was acquired or located; the right to purchase, sell, utilize, transfer, exchange, lease, dispose of, consume or assign the property; the disposition of property when there is a separation, dissolution of the marriage, death, or if some other event were or were not to happen; the modifying or eliminating of spousal support; the formulation of a will, trust or other agreement; the ownership rights and disposition of the benefits from a life insurance policy; the choice of the law that governs how the agreement is constructed; and any matter that does not violate the law.

Melanie Griffith's divorce finalized

A divorce is something that any family may go through, even the families of celebrities. Sometimes a celebrity divorce can offer valuable information for Houston residents who are considering or going through a divorce.

Melanie Griffith's and Antonio Banderas's divorce was finalized this past week in Los Angeles. The couple had been married since 1996. They filed for divorce in June 2014. The divorce settlement provides that Mr. Banderas's earnings from many of his films, including Shrek, will be divided. He will also provide Ms. Griffith with up to $55,000 each month in spousal support.

Divorce and college planning

Divorce raises a number of challenging topics for families. From property division to child custody and everything in between it can be a very confusing and emotional time for everyone. Parents going through a divorce may want to keep in mind some issues that relate to college funding.

First, if a 529 college savings plan has been set up for the children it is important to look at who owns the account and who will own it after the divorce. If the account was set up jointly the parents will have to decide who will assume individual control over the account. The account can also be frozen or split. If one person remains on the account that will be the only person who can make changes. It can be advantageous for the noncustodial parent to keep the account, because the noncustodial parent's income is not generally included on the Free Application for Federal Student Aid, or FAFSA.

Texas and community property

A divorce can be an emotionally traumatic time. It can be hard to look past the hurt and anguish that a divorce can cause but one of the most important parts of a divorce is property division. Texas is a community property state, but what does that mean in terms of property division in a divorce?

In a community property state most property acquired by either spouse during the marriage is considered community property, which is split equitably between the spouses in a divorce. Equitable division doesn't mean the assets are divided 50/50, but are divided in a manner the court deems just and fair.

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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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