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Montgomery County Family Law Blog

Divorce: A few reasons why prenups may be a good idea

When one falls in love, it is not difficult to convince oneself that life will be all moonshine and roses with the other person. However, roses have thorns, and even the perfect match may turn out to be not so perfect. Divorce is a reality of the times, and Texas couples may benefit from looking past the stigma associated with prenuptial agreements and ensure such an agreement is in place before the wedding.

While some people may realize the need for a prenup, they fear that getting an agreement in place may make divorce more likely or that the future partner or his or her family may react adversely to the suggestion. Others are hesitant because they are worried that information about their debt or perhaps previous bankruptcy may become known. However, the benefits a prenup brings typically outweigh the concerns.   

Making wise decisions in late-life, high net worth divorce

Some Texas spouses are fortunate enough to have amassed considerable wealth during the course of their adult lives. If the decision to pursue a high net worth divorce arises, some aspects of ending the marriage will be easier. Wealthy spouses need to pay close attention to the financial side of their divorce, but they often have plenty of security regarding their financial outlook. What could become an issue is the social consequences of ending a marriage. 

It's impossible to accurately predict how friends and family members will react to a divorce. Even when spouses feel confident in how loved ones will take the news, there are often surprises. Some people find that friendships sustained over the course of decades crumble when a marriage ends. Others find that their children or grandchildren are not as accepting of the divorce as they'd anticipated. 

Being diligent when dividing retirement assets in divorce

Upon closing in on the golden years of life, a substantial portion of a couple's wealth could be tied up in retirement or investment accounts. Should a couple in Texas make the decision to divorce, these accounts may play a significant role in the process of property division. Since there could be dire consequences to dividing retirement accounts without the necessary documentation, a person might find it advisable to seek guidance early in the process.

When it comes to dividing retirement assets, a person must ensure the process is handled properly. Failing to take the necessary precautions could bring about a variety of potentially devastating consequences, such as tax fees or penalties. For instance, with pension plans or a 401(k), a person must obtain a qualified domestic relations order before attempting to transfer the funds.

Protecting your interest in the marital home in a Texas divorce

Higher asset divorces can quickly become complicated. Many people don't really understand how Texas courts handle asset division. They may think they should receive more of the marital property than they are, or they may expect alimony when it is not likely that they will receive it.

One issue that many families end up focusing on is what happens to the marital home. For high asset families, the primary residence can represent a substantial amount of accrued equity. The items inside the home, such as furniture or collections of fine art, can also contribute substantially to a couple's net worth. It is perfectly reasonable to worry about how the courts will handle your home and the possessions inside it when you head for a divorce.

Managing a new school year after a recent divorce

Now that school is back in session, families across Texas are getting back into the swing of the school year schedule. For those who've gone through a recent divorce, figuring out how to juggle a custody schedule and school schedule can be challenging. These seemingly small details are usually not part of a formal custody agreement, but they make up the day-to-day realities that can make divorce so hard to bear. 

Communication is the best way to avoid conflict over school scheduling. Rather than focus on which parent's "day" it is and making decisions on school events based on two different sets of priorities, parents can work together to share scheduling information. There are some excellent online scheduling tools that can help. 

The role of mediation in divorce -- a peaceful solution

When a marriage comes to an end, the entire family may be influenced negatively. While it is seldom the intention of the parents, their fighting may cause unnecessary stress with which the children may find difficult to cope. Texas couples considering divorce may find it beneficial to investigate the possibility of mediation, even if they have no children.

The main aim of an impartial mediator is to assist the parties in reaching a peaceful solution to the issues they cannot agree upon, albeit the division of property or child custody. By involving a mediator, long, drawn-out battles can be avoided. A mediated divorce can be over much sooner than a litigated one, but it is also not an instant fix. If both the parties are committed to cooperate, mediation can turn divorce into a simple process.

Is there scientific proof that divorce is contagious?

Many Texas residents have noticed that when one individual in their social circle ends a marriage, others seem to follow right behind. Now, a group of researchers have found evidence that suggests that divorce may be contagious within social groups. In fact, it appears that as spouses are 75 percent more likely to get a divorce if a close friend has gone through divorce, and 33 percent more likely if a mere acquaintance decides to divorce. 

That might be due to a reaction that occurs when a friend chooses to move on from a marriage that just isn't working. Such a move prompts people to begin examining their own lives, and that level of scrutiny can sometimes reveal underlying issues. Seeing someone else move through a divorce also underscores the fact that there is life after divorce.

Divorce: Hidden money and how to find it

When a marriage ends, the ideal is an amicable parting where both parties are satisfied with the agreement reached and nobody feels done in. Unfortunately, this is not always the case.  Often, divorce is the result of a loss of trust in one or both of the parties.

When trust is lost, Texas couples in the midst of divorce may wonder if the other person may be lying about something. Often the mistrust is founded as one hears so many stories about hidden assets or special friends. Fortunately, there are ways to find possible hidden bank accounts by forcing the other party's hand and getting him or her to expose where money may be hidden.

Issues of identity will factor into a Texas divorce

For Texas spouses preparing to bring their marriage to a close, issues of identity are often overlooked. Divorce requires so many decisions and details to consider, and addressing the less tangible matters can often fall to the bottom of one's priority list. When it comes to matters of identity, failure to plan can lead to negative emotional and practical consequences. 

All spouses incorporate their role as "husband" or "wife" into their identity after they marry. The manner in which those roles are approached may differ, but being part of a married unit has implications. When the marriage ends, the parties are no longer "husbands" or "wives," and adjusting to that reality can be more difficult than anticipated. 

Focus on your children during Texas divorce custody proceedings

If you are headed toward divorce, chances are good that you don't agree with your ex on money issues. However, that doesn't necessarily mean that your ex is a bad parent. It is important to remember that your children's needs should come first in all custody proceedings.

While you may have strong feelings about needing to share custody with your ex, your children will probably benefit from a shared custody situation. Focusing on the best interest of your children and their developmental needs is one of the best ways to minimize the negative consequences of divorce on your children.

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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