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Montgomery County Family Law Blog

Getting a divorce later in life presents unique challenges

No matter what age people are when they get divorced, the process can be equally daunting both emotionally and financially. However, people who divorce later in life face unique challenges when compared with their younger counterparts in Texas. Here is a look at how individuals who are ending their marriages at older ages may want to approach specific divorce matters.

For starters, an older couple who are getting divorced and own a home together will need to decide how to address this asset. The home will probably end up being sold, with the proceeds being split between the two of them. However, in some cases, one spouse may want to keep the home. In this situation, it is important to consider the costs and tax implications associated with keeping the home long-term.

What happens if your ex wants to move out of Texas with the kids?

Shared custody, with both parents playing a role in the daily lives of the children, is typically the best solution in a divorce involving minor children in Texas. Provided that you can both secure housing in the same community where you previously lived together and can maintain your jobs or find new ones nearby, you and your ex can continue to be there for your children as they grow and mature.

Unfortunately, when personal, familial, financial or romantic circumstances change drastically, your ex may want to move out of the city, out of the county, out of Texas or even out of the United States. A drastic relocation could certainly impact your ability to spend time with your children. If your ex has started to discuss relocating, you will likely want to know what your rights are under Texas family law.

What is like to pursue a divorce while pregnant?

It is not always easy to predict when a marriage will end, and sometimes, Texas couples are not willing to delay this process any longer than necessary, even if the mother is pregnant. Pregnancy can be a complicating factor in any divorce, and there are sensitive issues to navigate before reaching a final order. With a willingness to work together and a goal of a beneficial custody agreement, it is possible to avoid unnecessary complications.

The mother must take care of herself during pregnancy, and spouses will have to figure out how they can share medical expenses and address other practical needs related to the pregnancy. After the birth, parents will want to share visitation time. In many ways, a divorce while pregnant is similar to a normal divorce. 

Creating a postnuptial agreement can help during divorce

Before getting married, many couples in Texas may have felt that dissolving their future marriage would not even be an option for them. However, after tying the knot, some may start to realize that divorce is not an impossibility. The question is, how can they protect their financial best interests once they are already married if they end up divorcing? Fortunately, this is possible with a contract known as a postnuptial agreement.

Postnuptial agreements, also known as postnups, are contracts in which married couples can spell out how they plan to split their assets if they divorce down the road. Having this kind of contract in place is particularly useful if a person creates wealth over the course of the marriage due, for instance, to writing a bestselling book or coming up with the latest tech gadget. A postnup can address how much of the wealth he or she will keep versus sharing with the other party if they end up divorcing in the future.

Tips may help with emotional and financial aspects of divorce

Getting divorced can be a difficult process because of the financial and emotional changes that spring from it. However, being prepared for these changes may help to make the process easier. Here are some tips for confidently addressing the financial and emotional aspects of divorce in Texas.

First, when it comes to finances, it may be helpful to elicit the assistance of a financial analyst who specializes in divorce. This professional can help with figuring out math related to alimony and property division, for example. This individual may additionally help those going through divorce to determine the various tax consequences of their financial decisions.

Research shows that divorce can be especially stressful for men

Getting divorced in Texas can have many negative outcomes for all parties involved. However, research shows that it can be particularly challenging for men. Here is a look at why divorce can quickly take a toll on men.

For starters, about two-thirds of men depend on their spouses for their main social support. In light of this, getting divorced immensely increases men's feelings of isolation. Unfortunately, men who are socially isolated have more than an 80% greater chance of passing away due to heart disease.

Get the right custody schedule to make life easier after divorce

When your kids are part of your divorce, there is simply no way to avoid the fact that they're going to have to split their time between your home and the other parent's. While it's frustrating to lose time with your children, something that can make you feel better is getting the right kind of custody schedule in place.

There are many kinds of custody schedules that you can try. There are schedules with alternating weeks, schedules where parents exchange custody every other weekend and many others. Finding the right schedule for you is possible.

Creating new retirement plan may be wise post divorce

Getting divorced is not something that many people plan to do when they first get married. However, nothing in life -- including a fulfilling marriage -- is guaranteed. Unfortunately, divorce can take a toll on people's retirement plans. Here are some tips for starting fresh with retirement planning following divorce in Texas.

First, it may be helpful for those getting divorced to take another look at their assets. This will help them with determining how to either optimize or rebuild what they have. If their retirement accounts end up being cut by half as part of their divorce proceedings, they may want to look at their accounts' investment allocations and make them more aggressive as appropriate.

Specific factors may be worth considering before divorce

One of the hardest decisions for couples in Texas to make is determining when to get divorced. In some cases, unhappy spouses may want to split up right away. Meanwhile, in other situations, they may feel that it is best to give the marriage more time, as things could improve long term. Here are some factors worth considering before serving divorce papers on one's spouse in the Lone Star State.

First off, unhappy spouses may want to clearly express how they are feeling with the other party. The reason for this is that the other party may not realize how unhappy he or she is making his or her spouse. Once the other party receives this information, he or she may choose to play a part in trying to make things better. Otherwise, a divorce may be inevitable.

Prenuptial agreements may help to protect assets during divorce

Baby boomers are getting ready for a major transfer of generational wealth that may surpass $60 trillion. For this reason, parents in Texas and elsewhere who are affluent are becoming increasingly careful about how they handle their family assets. In light of this, parents are playing an active role in helping their children to develop prenuptial agreements in the event that they go through divorce.

Millennials are the ones who will end up assuming responsibility for taking care of the businesses, estates and gifted assets they inherit in the coming years. For this reason, there has been an increase in the number of millennials -- and their parents -- seeking to draw up prenuptial agreements. This does have a tendency to cause conflict in certain situations.

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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