Military and Civilian Divorce—The Differences If you and/or your spouse are active duty service-members in the armed forces of the United States, there are specific issues you need to consider before and during a divorce proceeding: Where to file for divorce How custody and visitation will be affected, particularly if one party is at a permanent duty station across the country or around the … [Read more...]
Military Divorce: What Happens to Children, Pay and Pensions?
Dividing Children, Pay and Pensions in a Military Divorce In any type of divorce proceeding, the three principal concerns are: Custody and visitation Support Division of debt and property In a military divorce, it's essentially the same, but there are factors that make the process distinctly different from a civilian divorce. Custody and Visitation Custody and visitation can be a … [Read more...]
The Common Reasons People File for Divorce
No Big Surprise—The Top Ten Reasons People File for Divorce In a recent study that looked at more than a thousand divorces, the top ten reasons people sought to end a marriage came as no surprise. Here they are: Number 10: Money problems Number 9: One of the parties was physically or emotionally abusive Number 8: They had stopped doing things together Number 7: One or both or the … [Read more...]
Texas Child Support Factors
How Child Support is Calculated in Texas In Texas, the court typically orders child support to be paid to the parent who has been granted primary physical custody, what is now known as managing conservatorship. The court may require periodic payments or lump-sum payments, or both. Texas state law identifies the factors to be considered when determining the need for and amount of child support. … [Read more...]
Divorce Rates Highest in the South
South Leads Country in Rate of Divorce According to U.S. Census Bureau reports, states in the Deep South tend to have higher rates of divorce than the national average, for both men and women. An official with the Census Bureau attributes the higher divorce rate to two factors: higher marriage rates in the same area, and more marriages involving younger persons. In the northeast, where divorce … [Read more...]
Flight Diverted Due to Child Custody Issue
Officials Divert Flight Due to Child Custody Issue In September, a flight from Dulles International Airport to Beijing was diverted back to its point of departure when FBI officials determined that a child kidnapper was apparently on board, with the child. According to reports, a United Airlines flight containing 180 passengers made it to Canadian airspace before FBI officials issued an order … [Read more...]
Child Custody in Texas
Texas Child Custody Factors—An Overview When your marriage has ended and you have minor children, one of the most difficult decisions involves where your children will live and how much time they will spend with each parent. In Texas, child custody (now referred to as “managing conservatorship”) agreements or orders must consider the best interests of the minor child. The courts typically … [Read more...]
Texas Military Divorce Laws
Understanding Military Divorce in Texas If you are an active duty soldier in Texas or are married to someone in the armed forces, and you want to get a divorce, there are some special issues you must address. Protecting the Rights of Military Personnel A federal law, known as the Soldiers and Sailors Civil Relief Act, allows a Texas court, at its discretion, to postpone a divorce proceeding for … [Read more...]
Making Your Divorce Less Difficult for Your Children
Steps You Can Take to Minimize the Impact of a Divorce on Your Children Divorce is hard on kids, no matter what you do. Their sense of stability and security can be greatly reduced. While you wouldn’t do things to intentionally cause them additional suffering, there are some basic things you can do to make life easier for them during and after the transition. Avoid Potential Conflict Whenever … [Read more...]
Can Documents Produced in Mediation Be Used in Litigation?
The Mediation Confidentiality Privilege: How Broad Is It? When you seek to resolve a dispute through mediation, one of the reassurances you will often receive from counsel is that “all mediation communications and documents are privileged.” On its face, this seems to indicate that any documents produced for purposes of the mediation may not be subject to disclosure in subsequent litigation. But … [Read more...]