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Montgomery County Family Law Blog

Seek the best possible advice during divorce

Processing the end of a marriage requires a great deal of time and attention. Many different decisions must be made, the results of which will have a lasting impact on the financial standing of both parties. Having the guidance of an experienced professional is crucial to achieving a favorable outcome. Unfortunately, many people who divorce in Texas are bombarded with unsolicited advice from well-meaning friends, family and co-workers.

It's important to understand that no two divorces are ever exactly alike. Just as no two couples share the exact same set of experiences as their peers, no two divorce cases follow the exact same path. Taking an individualized approach is the best way to achieve a settlement that is fair and balanced.

Huma Abedin and Anthony Weiner to settle divorce privately

Many Texas residents are aware of the split between Huma Abedin and Anthony Weiner. The high profile couple have been in the news at various times over many years now, with many speculating on when they will finally divorce. Abedin filed for divorce last year, but the couple recently withdrew that matter. 

Abedin is a top aide to Hilary Clinton, while her husband is a former Congressman plagued with allegations of sexual misconduct, some of which he admitted to. Most recently, Weiner sent sexually charged text messages to a teenage girl, an act for which he is now serving a 21 month prison sentence. Emails exchanged between the parties played a role in the 2016 FBI investigation into Hilary Clinton's email use.

Yes, a child custody case could head to trial

Your child custody case hasn't gone as planned. You thought your husband would willingly work with you and come up with a plan that works for your child, but he's fought you tooth and nail. Now, he's claiming you are an unfit parent, even though you know and he realizes that isn't true.

Cases like yours aren't unusual. Sometimes, spouses say horrible things during divorces that are hard to take back later. Your priority has to be your child, though, not arguing or trying to put out fires that your spouse starts to drag out your divorce.

Try not to break any laws during a divorce

Ending a marriage is challenging enough without adding criminal charges to the mix. That said, some Texas spouses will go entirely too far trying to gain the upper hand in their divorce. It's important to tread carefully while moving through the legal process, especially when it comes to the use of technology to spy on the other party. 

There are a multitude of devices available that offer the ability to track another person's whereabouts and activities. In some cases, spouses make use of these tools to gain insight into what their soon-to-be ex is up to. But just because it's possible to do something doesn't mean that it's a good idea. 

Harvey Weinstein's high net worth divorce

Few Texas residents are unaware of the recent sexual harassment allegations against one of Hollywood's biggest and most successful producers. Harvey Weinstein and his accusers have dominated media coverage for weeks. What's received considerably less coverage is the fact that his wife of 10 years is quietly planning to divorce her husband. Their high net worth divorce could make headlines in the months ahead. 

Weinstein is married to Georgina Chapman, a successful fashion designer with a net worth rumored at nearly $20 million. That fortune pales in comparison to Weinstein's net worth, however, which is estimated at $250 million. The couple have a prenuptial agreement in place, but a provision in the contract allegedly states that Chapman would receive considerably more money if the couple are still married at the 11-year mark.

New tax law may affect new Texas divorce filings

The decision as to whether to stay or go often boils down to finances. In some Texas families, one spouse earns more and the other spouse depends upon this income. This scenario works well for some, as long as the marriage is intact. However, when the couple decides to divorce, finances can be an issue.

One way that many couples address this situation is through alimony. As a part of the property division settlement, the spouse earning more money may have to pay a set amount to the other spouse on a regular basis. Under current tax laws, the individual paying alimony can take this as a tax deduction, and the individual receiving it must list it as income.

How to divorce a narcissistic spouse

Many Texas spouses live with controlling, demanding and fundamentally self-centered partners for years before finally calling it quits. Lots of people are just terrible human beings, and divorcing one of those people can be a nightmare. If a spouse is truly narcissistic, however, moving through a divorce will be a very challenging experience. 

One way to make things easier is to avoid interacting with the other part to the greatest degree possible. While the divorce is underway, let your attorney handle all communications, or communicate primarily through email and text messaging. That can reduce conflict and also create a paper trail if the messages become threatening. 

Divorce: Do millennials liken prenups to auto insurance?

In the age of the millennials, the way that couples in Texas and other states look at marriage has undergone some changes. Many of them have held off on getting married until they have established lucrative careers and accumulated some assets, which often include real estate. Millenials also seem to be more practical in recognizing the probability of a divorce in the future, rather than avoiding the subject for fear of appearing prophets of doom.

Reportedly, more millennials sign prenuptial agreements than earlier generations -- not necessarily because they want to but because they acknowledge the need to protect themselves and their assets. Prenuptial agreements are no longer perceived to be a tool for wealthy couples or individuals who have received or are expecting to receive family inheritances. Rather than protecting wealth only, a prenup can protect the lack of wealth.

Could mediation be the best solution for your Texas divorce?

Getting a divorce can be an expensive, frustrating and protected process. It is very common for divorcing couples to disagree about many, if not all, of the major considerations in their divorce. From asset and debt division to child custody and who keeps the family home, you both likely have different wishes about the outcome of your divorce.

For many couples, that means heading to divorce court, which can take many months and cost a substantial amount of money. It also leaves all of the issues of your marriage a part of the public record, meaning that people, including your children, could end up knowing far more about the worst issues of your marriage than you'd prefer. For some couples, divorce mediation could offer a valid alternative to a contentious divorce in court.

A do-it-yourself divorce can have costly ramifications

Everyone likes to save money, and Texas residents are no exception. When it comes to ending a marriage, a do-it-yourself divorce might be an attractive option. The Internet is filled with DIY legal forms, along with a range of advice on how to part ways without legal representation. Unfortunately, much of that information is simply false. Even couples who are able to divorce amicably need to do so with the guidance of a trusted legal professional.

Consider, for example, a couple who is able to reach an agreement about the terms of their divorce, including property division. If they decide to go it alone, they may be able to draw up the necessary paperwork and submit it to the court. However, the agreement they reached may not be in line with their best financial interests.

Vernier & Associates, PLLC Vernier & Associates, PLLC

Vernier & Associates, PLLC
2441 High Timbers Drive Suite 110
The Woodlands, TX 77380

Phone: 281-882-3271
Fax: 832-585-0955

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