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Houston Divorce Law Blog

Divorce among the older population

When a couple gets married, the last thing on their mind is divorce. No Houston couple expects their marriage will end in divorce, but for many couples this will be the reality. A divorce can happen at any time during the marriage, but for those who are facing a divorce later in their lives, it can be difficult.

The divorce rate among all couples may be on the decline, from a peak in the 1970s and 1980s, but for those who are over 50 years of age it is rising. The rate among those over 50 has doubled between 1990 and 2010. Those who are over 50 may face unique challenges at the end of a marriage. The first challenge is that an older person who is divorcing can suffer a serious financial blow. A younger person has many years to recover financially, where an older person has the risk of ending up in poverty even if they receive spousal support. Another consequence of an older divorce is that a person who may not have been working prior to the divorce can have economic problems after the divorce as they try and re-enter the workforce after many years away.

How does a divorce mediation work?

When a Houston couple decides that their marriage is over, it can be an extremely emotional time. The emotional stress and complexities of a divorce can bring hardship to a person. A divorce that goes through a divorce mediation instead of a litigated divorce can be a good alternative for many families.

Many couples choose mediation instead of a litigated divorce and there are good reasons why. Mediation allows for the couple to have much more control over the decisions that need to be made. Couples are able to work together to make decisions as far as child support and child custody, property division and other important issues.

Not having a prenuptial agreement can be a mistake

Newly engaged Houston couples are full of joyful anticipation of their upcoming nuptials. Couples may spend several months and thousands of dollars planning this joyous occasion. Dress shopping, flowers, cake, venue selection and many other details can occupy a couple's life. Although not nearly as romantic as selecting ceremony music, a prenuptial agreement may also be a very important item to plan in the event of a future divorce.

There are many reasons why a prenuptial agreement may be a good idea for a couple. Couples who have children from previous marriages, couples who are older and have significant assets, those who anticipate having significant income in the future and other couples can benefit from a prenuptial agreement.

Social Security benefits and divorce

A divorce is something that most people don't assume is going to affect them. No one gets married with the assumption that their marriage is going to end in divorce. But for many Houston couples, a divorce is something that will affect them both emotionally and financially.

When a couple believes that their marriage has ended, they can feel extremely sad, stressed and anxious about their future. At a certain age, a person knows they will be receiving Social Security benefits as a retirement benefit. For those who are divorced, it is important to know how a divorce can affect Social Security benefits.

Does a lump-sum alimony payment make sense?

When a Houston couple is going through a divorce, there are typically many different complications that need to be worked out. This often includes property division, child custody and support and spousal support. In divorce situations where spousal support is present, a lump sum payment may be a good strategy.

A lump sum alimony payment instead of monthly payments has become more popular recently. A lump sum alimony payment may be an option for many couples. It may happen if the spouse has the financial assets to make the payment and the recipient is a responsible spender who has good financial advice as to how to invest the money.

What does the divorce process look like?

When a Houston resident makes the decision that their marriage may be over, they can feel overwhelmed with emotion. These are not easy decisions to make and it can be hard for someone to overcome their heartache and be able to think rationally. The divorce process involves many steps that take time.

When a person believes their marriage is over, they first need to consider where they should file for divorce. Usually a person files for divorce in the county or city where they live if they have met the state's residency requirements. A divorce petition will need to be filed. This is where a person decides if this is a fault or no-fault divorce. Papers are also filed regarding child support and child custody if children are involved in the relationship. Once the divorce papers have been filed in court they will need to be served to the other spouse which is when they are physically presented to the other person. Once a person is served with the papers they will need to answer them by the deadline. After this point the divorce enters into a mediation where the parties work out their differences in regards to property and children.

Are there ways to simplify a divorce?

Houston couples who feel their relationship is heading for a divorce may feel overwhelmed. A divorce can be a complicated and emotional time. There may be ways to simplify a divorce which can help make the situation a little less difficult.

One simplifying move a person can make is to open a bank account in their own name. This can help ensure that a person has their own money to get through the divorce in case the other spouse drains the joint account. If a person feels the need to explain in written form why they want a divorce it may be a good idea to run the letter by an attorney first. The ex may be able to use the letter against them in court proceedings. Also, it may be a good idea for both lawyers to meet early in the process to go over sticking points that may turn into big issues later. In addition, if motions need to be filed with the court, consolidating them and filing them all at the same time can save time for both the court and oneself.

Is a parenting coordinator necessary?

For Houston parents going through a divorce it can be an extremely stressful time. There are many intricacies of a divorce that vary from couple to couple. They can include property division, alimony and children's issues -- including visitation and child support. Children are one of the biggest stumbling blocks for parents who are divorcing and a parenting coordinator may be a good person to add to a divorce team.

Parenting coordinators work with parents to resolve their parenting conflicts outside of the courtroom. They come in handy for couples who are spending too much time and money on litigation. Examples of when the fighting goes too far include when parents argue over whether a child has an allergy when there is a doctor report showing the allergy or when parents fight over who is going to pay for school uniforms, or can't agree about what school is best for their child, plus thousands of other situations. The constant bickering between the parents can negatively affect the children and can lead to excessive money being spent on litigation.

A divorce financial advisor can be a smart addition

A divorce for a Houston resident is a major life event. No one ever expects their marriage will end in divorce but a large percentage of marriages will end in divorce. Although a divorce is an extremely emotional time it is very important for people going through a divorce to keep the financial implications of a divorce in mind.

Financial implications of a divorce are huge. Property and debt division is one of the biggest parts of a divorce and the most contested. A divorce financial advisor can be a good addition to a divorce team. There are many ways a divorce financial planner can be helpful. First they can conduct a comprehensive assessment of a couple's finances. They can review all assets and debts, property and pension and retirement accounts.

Ozzy and Sharon Osbourne reportedly heading for divorce

When a Houston couple believes that their marriage has ended it can be a traumatic and emotional time. A divorce has many complications including property division, alimony, and child support issues. Divorce affects everyone, including celebrities. This past week we have learned that Ozzy and Sharon Osbourne are calling it quits after over 30 years of marriage.

Ozzy and Sharon Osbourne have been married more than 33 years and have recently announced their divorce. The couple have three children together and Ozzy has three children from a previous marriage. Ozzy Osbourne was in the heavy metal band Black Sabbath. They appeared in a reality show called “The Osbournes” from 2002 to 2005. Ozzy has moved out of the family’s home.

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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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