Posts Tagged ‘Texas divorce attorney’

Texas Divorce Attorney Explains The Difficulty Of Military Divorces

Wednesday, June 1st, 2016

Military divorces are particularly difficult, especially when children are involved. Deciding what is in the children’s’ best interest is a complicated and emotionally charged decision. Add to the calculus that the military member could go overseas and you have a seemingly insurmountable decision to make. Additionally, a military member’s spouse is entitled to a percentage of the military member’s pension accumulated during the marriage. The formula used for calculating the exact award is cumbersome and frequently misunderstood. The award is designed to evenly and fairly divide the pension between the spouses. However, the parties and the judges can easily make a mistake in the calculations.  Although representing yourself in a divorce seems like a good idea because you can save money on attorney’s fees, you may wind up losing more in the long run. An experienced Texas divorce attorney like the Texas divorce attorneys from The Law Office Of Alex Tyra will make sure that you get what you deserve whether you are the military member or their spouse.

Military families face incredible stress and strain. Deployments, combat, injuries, and psychological problems such as post-traumatic stress disorder from combat service all contribute to military families falling apart. Even the strongest family ties succumb to the strains military like causes. Lifestyle demands of military families often mean one spouse gets shipped around and the other stays at home with the kids. Staying home with the kids can mean passing on work or educational advances. Divorce can leave that spouse in a difficult position financially. Deployment means the entire responsibility for child rearing and care falls on the spouse left behind. The non-military spouse will need greater child support payments to help care for the family.

Deployments hurt the military member as well. Deployments essentially prevent the military member from seeking full custody of their children because the best interests of the children may be better served by living with the non-military spouse. This issue is an important consideration for reservists and members of the National Guard as well. Members of those services are activated and deployed regularly. The potential for activation and deployment is a serious and significant consideration for a family court judge when ruling on custody. A seasoned divorce attorney will guide you through this difficult process.

Finances are an enormous consideration. The everyday financial worries do not stop simply because the parties are divorcing. Allowance must be made for child-care, vehicle costs,  housing costs, educational costs, and extra-curricular activities even before the divorce is final. You should rely on a divorce attorney to fight to protect your rights so you can provide for your family.

An attorney will also help sort out the difficulties surrounding splitting a military pension. A military member gets a lifetime pension after 20 years of service. Texas courts use a mathematical formula to determine the amount of pension the parties are due.  The formula is not terribly complicated but can be misinterpreted, leading to unfair results. The pension payout is negotiable, just like other marital assets. Spouses can negotiate a lower pension payout in exchange for another asset like equity in the marital home or pay off a vehicle loan.  Consideration must be given to the military survivor benefit plan as well. Pension payments cease when the military member dies. The spouse can negotiate payment into this insurance plan to cover their finances should their spouse die before them.

Consult An Experienced Advocate

Call the experienced and compassionate Texas Divorce Attorney of the Law Office Of Alex Tyra. They will fight for you and your family to make certain you get what you deserve and protect you and your family. Call the Law Office of Alex Tyra today at 903-753-7499 to get the representation you need.

Texas Family Law Attorney Shares Holiday Tips for Divorced or Divorcing Parents

Sunday, November 29th, 2015

Despite that song about the holidays being “the most wonderful time of the year”, November and December can be stressful, overwhelming, and sometimes even downright unpleasant for anyone, divorced or not. For people who are divorced or who are divorcing, this season can be incredibly challenging. Fortunately, as more and more people who are divorced learn from experience and share their stories about what works well during the holiday season and what does not work, those who are new to life during or after divorce can benefit tremendously. Here are a few things that might help you to navigate this holiday season successfully.

One common mistake that newly divorced or divorcing parents make during the holidays is assuming that since a parenting schedule has been agreed to in advance, everything will go smoothly and as planned. Unfortunately, this is not often the case. Weather can interfere with travel plans and school schedules, you or your children’s other parent may receive last-minute invitations to gatherings with family and or community events, or any one of a number of other things could happen which could threaten to derail even the most carefully planned out parenting schedule. Fortunately, there is a way from preventing at least some of these occurrences from turning into conflicts. Clear and honest communication as far in advance as possible regarding proposed changes to the parenting schedule can go a long way towards keeping both of you in a problem solving state of mind where you can work together to find solutions that will work for the whole family.

Gift-giving is another area in which divorced and divorcing parents often encounter trouble during the holidays. As is the case with parenting time, planning ahead for gift giving and communicating openly and honestly with your children’s other parent can help you avoid many conflicts. Most children enjoy creating holiday wish lists, and this can be very helpful for parents. Once your children have made their lists, have a conversation with your children’s other parent about which of you will give which gifts to which children. That same conversation is a good time for both of you to address any concerns over the appropriateness or feasibility of any of the gifts on the children’s lists. Working together on gift giving helps both of you to avoid unpleasant surprises, such as the children receiving duplicate gifts or gifts that would create conflict or a temptation for either parent to speak unkindly of the other in front of the kids. Also, children enjoy giving gifts to their parents. Since many children do not have the financial resources or the ability to go out and shop for a gift for their other parent on their own, you can show your support for your child and for their relationship with their other parent by helping them make or purchase something special for their other parent.

Texas Family Law Attorney Alex Tyra – The Legal Support You Need for Your Texas Divorce

The holiday season presents a number of challenges for divorced and divorcing parents. Fortunately, many conflicts can be avoided with clear communication and advance planning. However, despite your best efforts, things may happen during the holiday season that may cause you to require legal assistance.  If you need help with your Texas divorce now or at any time of the year, Texas Divorce Attorney Alex Tyra may be able to help you. Call our office today, at (903) 753-7499.

Texas Divorce Attorney Discusses the Advantages of Remaining Calm During Your Divorce

Friday, September 26th, 2014

It is well known that keeping a level head can be very helpful in navigating any sort of difficult or complicated situation. Since divorce can be both difficult and complicated, divorcing spouses who are able to remain calm throughout the divorce process are at an advantage compared to those who are unable to do so. People make better decisions when they are calm, and the divorce process involves making many decisions. If you are able to keep a clear head as you go through your divorce, you will be able to assess your options and make choices that will lead you to an outcome which works well for you. It is not always easy to be calm during divorce, but the following tips just might help you to make it happen.

Keeping information about your divorce to yourself is a powerful tool that you can use to stay calm during your divorce. While it is important that you discuss your thoughts and feelings about divorce with someone in order to avoid bottling those feelings up inside of you, it is essential that you choose wisely who you share those conversations with. A trusted family member, a therapist, or a very close friend that you have known for a long time can all be good choices, as you can trust that they will respect your wishes to keep the information that you discuss with them private. It is much easier to keep calm and carry on when you know that your divorce is not the talk of the town.

In addition to keeping information about your divorce between yourself and a select few others, it is essential that you disclose as little information as possible to your children. This is not to say that you should not talk about the changes that your family is going through, it is more of a reflection on which types of things the kids need to know, and which things they are better off knowing nothing about. For example, they need to know that they are unconditionally loved, accepted, and supported by both of their parents. They do not need to know that the two of you have fallen out of love, or that one parent cheated on the other or anything like that. Parents and children both benefit from the reduced level of acrimony and conflict that occurs when parents commit to keeping communication with their kids about their divorce respectful and appropriate.

While you are in charge of managing your emotions during your divorce, working with a Texas Family Law Attorney can make that task much easier by attending to the legal aspects of your divorce case. Your Texas Family Law Attorney can help you understand the options that are available to you, and they can help you to find all of the information that you need to make the choices that are right for you and for your family. If you have questions about a Texas divorce or family law case, please contact attorney Alex Tyra today, to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

 

Property Division in Texas Divorce Cases

Friday, November 1st, 2013

If you are thinking about getting a divorce in Texas, or if you are already involved in a Texas divorce case, you may be wondering about how the court will divide your property in the event that you and your soon-to-be-former spouse are unable to reach a property settlement agreement. Texas is a community property state, and the guiding principle that Texas judges follow when dividing up the property in a couple’s community estate is that the distribution must be “just and right”.  As noble as that sounds, it is entirely possible that a “just and right” property distribution which is created by a judge, and not by the parties themselves, could leave one or both of the divorcing parties very dissatisfied with the outcome.

In a community property state like Texas, each of the debts or assets of a married couple can be placed into one of two categories, community property and separate property. Community property consists of all property that was acquired by either spouse during the marriage, as well as all debts that were incurred by either or both spouses during the marriage. Some assets or debts may be excluded from a couple’s community estate and regarded as separate property if they were received or incurred solely for the benefit of one spouse during the course of the marriage. Examples of situations in which property that appears to be a part of the community estate may instead be a part of one of the spouses’ separate estates are when one spouse inherits a sum of money from a family member, or when one spouse takes out a loan for equipment that they use for a business that they, alone, are involved in.

When a divorce case is decided by the court, the judge might order a ratio of distribution that is not a 50/50 split. Factors like disparate earning capacity or time spent at home caring for children can result in a property award that is 55/45 or even 60/40. Other factors that may weigh on the judge’s decision include the age and health of the parties, whether one party is at fault for the dissolution of the marriage, what kinds of assets comprise the community estate, the values of the separate estates, and child custody.

An East Texas divorce attorney can help you to get your divorce case moving in the direction of a property settlement by communicating with the other party’s attorney, if they have one.  Even if the other party does not have an attorney, your attorney can speak with them directly about how you would like to divide the marital property. This is often more effective than speaking with them yourself, because it creates distance between the two of you and makes for less of an emotionally-charged conversation than it would be if it were just the two of you. If your case goes to mediation, your attorney can represent you in that process as well.

An experienced Longview divorce attorney can also help you to understand and evaluate a property settlement offer which has been proposed by your soon-to-be-former spouse. Do not agree to any distribution of property until you are absolutely sure that it is in your best interest to do so. If you have any questions or concerns about how property will be divided in your divorce, or if you would like to learn more about property settlements in Texas divorce cases, schedule a free consultation with East Texas divorce attorney Alex Tyra. Call us today, at (903) 753-7499, or fill out the convenient online contact form which is located on our website.