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?
April 21, 2015 by
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...]
Child Custody in Texas
January 20, 2015 by
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
January 6, 2015 by
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
December 23, 2014 by
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?
December 10, 2014 by
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...]
Important Questions to Ask about Whether You Want the House in a Divorce
October 22, 2014 by
Knowing Why You Want the House in a Divorce Though divorce can sometimes feel like war, it’s not supposed to be a competition, with a winner and a loser. Unfortunately, many parties treat it that way, particularly with respect to property. The perception is often that the party who takes home the most property is the winner, and that award customarily goes to the person who keeps the marital … [Read more...]
Should I Remarry My Ex?
June 2, 2014 by
Should ex-spouses ever remarry once they’ve divorced? Says one ex-spouse, “There’s a reason why they’re your ex. Put them where they belong — in the rearview mirror. Move forward and leave the past behind.” On the other hand, it depends on why you divorced in the first place and why you are considering remarrying. If you believe that your spouse has magically changed and that things will … [Read more...]
Fighting Over Custody of Our Dog
May 1, 2014 by
Dogs are the animals that people fight over most when going through a divorce. In fact, some 88 percent of custody battles involving pets are over dogs, according to a recent survey of lawyers from the American Academy of Matrimonial Lawyers (AAML). Ruff! Some states allow pet custody disputes, while others do not recognize the legal standing of pets. This means that in those latter states, … [Read more...]
Animal Custody — an Emerging Area of Family Law
April 10, 2014 by
People who live with dogs, cats, birds and other nonhumans consider those animals part of the family. They often even consider their animal as their child. So who gets to keep the family pet when a couple divorces, and how do you come to a fair decision on this critical issue? According to a recent American Academy of Matrimonial Lawyers survey, some 27 percent of attorneys have seen the … [Read more...]
