Texas Family Law Attorney Discusses the Art of Dividing an Art Collection

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The collection of assets in a couple’s marital estate is as unique as the people who own them. When spouses decide to part ways, some collections of items may easily be dealt with as part of the couple’s property distribution because the items are much more important to one spouse than to the other. For example, you may want nothing to do with your spouse’s collection of antique tools, and your spouse may have no interest in your collection of Hummel figurines. In these situations, where spouses agree as to which of them should keep a particular item or group of items, an accurate assessment of the value of each item is often all that is needed for the items to be accounted for as part of the couple’s proposed property distribution.

Sometimes, items or collections of items are more difficult to divide. Couples who own art together often disagree about who should get to keep each piece. People buy art because it is beautiful or meaningful to them, and when two people choose a piece together to display in their home, it is often because both of them agree on its beauty or significance. Also, some pieces of art are very valuable, which can make them difficult to fit into the overall property distribution scheme because the end result must be “just and right”, which often means that each spouse receives roughly the same dollar amount worth of property.

Texas is a community property state, so both spouses have an ownership interest in the property and income that either of them acquired during the marriage. Some items, such as items that were owned by a spouse prior to the marriage or which were acquired by a spouse as a gift or inheritance may be considered that spouse’s separate property. Unless an item is specifically excluded from the couple’s collection of marital property because it can be classified as one spouse’s separate property, it will be disposed of through the property division process.

Divorcing couples who own art should take care to ensure that its disposition is handled properly. This includes working with a Texas Family Law Attorney who is skilled in handling property division issues. Another essential action step in dealing with the disposition of your art collection is making an inventory of the entire art collection, including information about when and how each piece was acquired and, of course, photographs and current appraisals for each piece.

Each divorcing couple has unique concerns in the area of property distribution. An experienced Texas Family Law Attorney can help you work through all of your property division concerns, whether your collection of marital property includes art, real estate, investment, retirement accounts, or other types of assets. To learn more about property division or other aspects of your Texas divorce, call attorney Alex Tyra today at (903) 753-7499. Alternatively, you may schedule a consultation by filling out a contact form on our website.

 

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

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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.

 

East Texas Family Law Attorney Reports: Accurate Appraisals are Important for Divorcing Couples

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Sometimes, a divorcing couple may not have much in the way of marital property to divide. If a couple owns a home, it is likely to be the biggest and most valuable asset at stake in the divorce. Marital homes are more than just an asset with high monetary worth, homes are emotionally important to many people because of the role that they play in family life. Whether the home that you and your spouse must divide up has been in one of your families for generations, or it is a newer home in which the two of you don’t yet have much equity, the question of what to do with the marital home and when is likely to be a very important issue in your divorce.

Fortunately, there is a great deal of flexibility with which couples can decide the fate of their marital home. There are many more options than fighting over which party should be able to keep the house by buying out the other party. Couples can decide upon any type of distribution of a marital home which would fit into an equitable distribution of all of the marital property. In order for a couple to be able to create an equitable distribution of their assets, they must have accurate statements of the worth of all of those assets, including the marital home. An appraiser can help you to obtain an accurate statement of value for your home so that you can have accurate numbers to work with as you decide the fate of the home and all of your other property.

Appraisers also provide services beyond estimating your home’s fair market value. As part of an appraisal, appraisers research all of the legal issues associated with the subject property. They check the chain of title, they look for liens, and they determine whether there are any other potential legalities associated with the home.  They examine your home and then they look around your neighborhood for comparable properties that have been sold recently. When an appraiser has collected all of the information that they need, they will write a detailed report on the estimated value of your home.

If you are involved in a divorce and you will be divvying up your marital home, it is advisable that you and your soon to be former spouse each get your own appraisal done, because your interests are adverse to each other. If you cannot possibly get two appraisals, choose the appraiser together and make sure that both of you are at home when the appraisal happens.

The distribution of marital property is an important element of any Texas divorce. Your East Texas Family Law Attorney can help you to understand what your options are regarding the disposition of your marital home, and help you to pursue a property distribution that will meet your current and future financial needs. If you have questions about the effect of divorce on your finances, or any other issues related to your 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.

 

Texas Family Law Attorney Explains Dividing Debts During Divorce

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While you may be thinking about the property settlement in your divorce in terms of which items and assets you would like to walk away from the marriage with, there is another side to the property settlement which deserves equal consideration. The debts that you and your spouse incurred during your marriage must also be divvied up, and the division of debts in a divorce is a matter which must be taken seriously because it can have an impact on your financial future.

Texas is a community property state, which means that anything which is acquired during a marriage belongs to both spouses equally. This principle applies to both assets and debts, and while both your assets and debts will be divided as part of your divorce, your property settlement is an agreement between you and your spouse. Unfortunately, that agreement between the two of you has no bearing on the interests of your creditors. Your property settlement will specify which of you is responsible for paying each debt, but it does not prevent creditors from pursuing payment from the other party, if the party who has been assigned responsibility for paying the debt dies or fails to make the payments.

There are a few strategies that divorcing parties can take regarding their debts, and how they will divide them in their divorce. One strategy is to pay off as many debts as they can before they divorce, so that there are fewer debts to divide in the property settlement. This strategy works well for couples who, while incompatible as a whole, are able to see eye to eye on financial matters or, at the very least, agree that it paying off debts instead of dividing them is a fair way to give both of them a lighter burden as they move forward into their new lives.

Of course, not all debts can be easily dispensed with before a divorce becomes final. Some big debts, like mortgages, must be dealt with, as well as some smaller debts, in cases where the parties do not want to pay them off prior to divorce or cannot afford to do so. In these cases, the party who is not responsible for paying a specific debt under the property settlement could contact the creditor to inquire about possible options for limiting or eliminating their liability for that debt. One option for removing one spouse’s name from a debt is a novation. With a novation, the spouse who will be keeping the debt submits application materials to the creditor to see whether they would qualify for the debt on their own. As you might imagine, novations are often hard to get because it is hard to qualify for mortgages and other loans with one income. Depending upon your financial situation, you and your spouse may have other options available to you regarding the debts that you currently hold.

The division of debts is an important element of the property distribution in any Texas divorce. Your Texas Family Law Attorney can help you to understand what your options are regarding the division of your debts, and help you to pursue a property distribution that will meet your current and future financial needs. If you have questions about the effect of divorce on your finances, or any other issues related to your 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.

 

 

 

How to Maintain Financial Stability Throughout Your Texas Divorce

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There are many things that change for a couple as they move from being married to being divorced. During the divorce process, they will navigate changes in residence and family time, and, of course, drastic changes in their financial situations. Many people do have trouble with their finances before, during, and after divorce. Fortunately, there are things that you can do, even if you begin your divorce on shaky financial footing, to maintain financial stability throughout the divorce process and set yourself up for post-divorce financial success.

Dealing with debts is an unpleasant but extremely important aspect of divorce. One way that you can reduce the likelihood that debt will continue to be a problem for you after your marriage ends is to avoid incurring any new debt, if at all possible. Also, if you can, pay off some of your debts. Although it may seem tempting to put a hold on paying off debts until you (or the court, if you do not reach an agreement) decide which of you will be responsible for each of your marital debts, those debts pose a threat to your financial stability until they are paid off. If your spouse accepts responsibility for a debt as part of your property settlement, or if the court decides that they should pay that debt as part of the property settlement and they fail to pay it, the creditor can still try to collect payment from you. Getting rid of as much debt as possible reduces the chance that this will happen.

Navigating a change in financial resources is challenging, to say the least. Add to that the expense of transitioning from one household into two, and it becomes even more daunting. As you set up your independent living arrangements, challenge yourself to find as many ways to save money as you can. For example, if you need to rent a place to live, don’t jump on the first place that you see. Make a list of the features that you need, as well as the size and location that you desire, and shop around. The same goes for services like cell phone, internet, and utilities. You are starting fresh, so be sure that you select only the products and services that fit your needs as you move forwards into your new life.

If your spouse proposes a property settlement to you, go over it carefully with your attorney before you decide whether or not to agree to it. Make sure that you fully understand both the present and future effects that accepting the settlement offer would have on your finances, including any tax savings or liabilities that would be associated with dividing the property as proposed. If a settlement will meet your needs, accepting it may be a good way to avoid the expense of costly divorce litigation that could result in you receiving a property settlement that does not meet your needs.

Set yourself up for post-divorce financial success by opening a separate bank account for yourself and establishing credit in your name. After your divorce has become final, carefully check each of your insurance policies to make sure that they list the proper beneficiaries. Get rid of any policies on cars, real estate, or other things that no longer belong to you. Also, make sure that all joint credit cards are cancelled and all joint bank accounts are closed, and the proceeds are distributed according to your property settlement.

While you take steps to ensure a solid financial future for yourself, your Texas Family Law Attorney can help you pursue a property distribution that will meet your current and future needs. If you have questions about the effect of divorce on your finances, or any other issues related to your 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.

 

 

 

Your Guide to Texas Prenuptial Agreements

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People have a lot of different ideas about what prenuptial agreements are all about. Some people think that they are only ever used by very rich or famous people. Others find them to be unromantic or, a bad omen. However, many people are unaware of what, exactly, prenuptial agreements are and how they can effectively be used. Before you get married in Texas, it is worth your while to at the very least educate yourself about prenuptial agreements so that you can know for sure whether or not one would be useful for you and your bride or groom to be.

Texas courts recognize prenuptial agreements and partition agreements which are created by couples who are already married. A partition agreement accomplishes the same thing as a prenuptial agreement by partitioning a married couple’s community estate into two separate estates which would be considered as separate property in a Texas divorce. An agreement of either type must meet certain criteria before it will be recognized by the courts. The first of these criteria is that each spouse must have entered into the agreement voluntarily. Also, each spouse must have adequate awareness of the finances of the other. There are a few ways that this can be accomplished. The spouses may exchange financial statements which provide complete disclosure of their assets, or they may sign waivers of disclosure. The third and final criteria is that a prenuptial agreement or partition agreement must not be unconscionable, if it is to be upheld as valid.

A prenuptial agreement may contain provisions for almost any assets or responsibilities that the couple wishes to include. Provisions regarding children may not be included, because decisions involving children of a marriage cannot be made in advance. Texas family courts make decisions based upon the best interest of the children at the time that any such decisions must be made.

One example of how a prenuptial agreement can be used involves protecting a business owner’s interest in the business that they have built. If a family has passed real estate on for several generations, the current owner may want to ensure that it will remain in the family in the future. A prenuptial agreement can be used to enable the current owner to keep the property in the event of a divorce, instead of dividing their interest in it with their spouse. Prenuptial agreements may also be used to protect important personal property, such as family heirlooms, from being included in the tug-of-war that often ensues during property division in divorce cases.

Since prenuptial agreements and partition agreements are legally binding documents, it is essential that you review any agreement that you are contemplating with a Texas family law attorney. Your prospective spouse should seek their own counsel in regards to a prenuptial agreement, as a single attorney cannot represent both of you. Also, be sure allow yourself and your prospective spouse plenty of time to work through the process of creating a prenuptial agreement well before your wedding so that it does not interfere with the planning or preparation for the festivities.

A premarital agreement or partition agreement is not the exclusive province of the rich and famous, nor does it automatically mean that you will eventually get a divorce. Prenuptial agreements and partition agreements can be useful tools for relieving some of the stress which comes with being financially involved with the one that you love. If you have questions about whether a premarital agreement or partition agreement is right for you, contact Texas Family Law 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.

Texas Family Law Attorney Explains the Best Interest of a Child Standard

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If you have minor children and you are involved in a Texas Divorce, or you are considering one, you may wonder what criteria Texas courts use in making decisions regarding child custody. The child custody orders that work best for everyone involved are the ones that are created by agreement between the divorcing parties. However, if you and your soon to be former spouse are unable to reach an agreement on how you will divide parenting time and responsibilities, the court will step in and create an order which provides for the best interests of the children while addressing the needs and abilities of both parents.

In Texas, there is a list of nine factors which courts commonly assess in their decisions regarding child custody. The nine factors are derived from the case of Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and are commonly referred to as the “Holley Factors”. It is important to note that while the Holley case was a case dealing with the issue of whether to terminate parental rights, the courts have found that the list of factors which came out of the Texas Supreme Court’s decision in that case are applicable in all kinds of cases where a decision must be made regarding the custody of one or more children.

The Holley factors, when considered as a group, help the court to decide what kind of child custody order will serve the best interests of the children to whom it will apply. These factors include the abilities of the parents, the desires of the children, the stability of the parents’ homes, the plans that each parent has for the children, present and future physical and emotional needs of the children, whether either parent poses a danger to the emotional or physical well-being of the children, behaviors of the parent which may affect the appropriateness of the parent-child relationship, reasons for any parental behavior which affects the appropriateness of the parent-child relationship, and any programs that are available to assist the parties in providing for the best interest of the children.

It is also important that parents who are involved in Texas divorce cases understand that while the Holley factors play a large role in custody decisions, other pertinent factors may be considered by the court as well. If any of the following topics are important to your family, it is important that you let your attorney know so that they may present information about them to the court. The past and present state of which parents fulfill which responsibilities to the children may be a factor in custody cases, as it is closely tied to the everyday activities and routines that the children are accustomed to. Parental behavior which is intended to undermine the relationships of the children with their other parent is not conducive to a healthy environment for the children, so it should be mentioned in any case where it has occurred. Also, if there are other things that are important to you, discuss them with your attorney so that they can help you to understand whether and how they would contribute to a discussion of child custody in your case.

If your divorce case involves children, it is important that you seek the assistance of a knowledgeable East Texas Divorce Attorney. A skilled divorce attorney can increase your chance of reaching a child custody agreement which will work for you, and can help you present your best case in the event that any portion of your divorce proceeds to litigation. To learn more, call Texas Family Law Attorney Alex Tyra today to schedule a free consultation with one of our Texas Divorce Attorneys. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

 

Building Strong Relationships After Your Divorce, One Visit at a Time

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When your first child was born, you probably realized that you were entering a new chapter of your life. That tiny baby that you held in your arms was in fact someone with whom you will have a bond for your entire life.  As your child or children grew, you built a relationship with them, one moment at a time. Now that you are divorcing, that does not have to change. Although the schedule of moments that you will share with your child or children may look different than it did when all of you lived in the same home, each moment presents the same opportunities as all of the moments prior to your divorce did. Even if your new schedule gives you less time with your child or children than you are accustomed to, your bond can remain strong both now, and for years to come.

If you are able to focus on making your kids’ transition from their other parent’s home to your home as smooth as possible, you will set yourself and your kids up for a great visit. Calm and civilized communication before, during, and after pick-ups and drop-offs will set your children at ease. Once the children are at your house, remember that children thrive when consistent rules and routines are a part of their day to day life. It is likely that your children follow rules and routines at their other parent’s home that the two of you decided upon together before your divorce. Incorporating the rules and routines that your children are accustomed to into life at your house will help the kids feel safe and secure, and can reduce the likelihood of the behavioral problems that can, for some children, accompany a change in routine.

You may wonder what kinds of things you should do with your kids when they visit you, because you have such limited time together and you want to make sure that it is enjoyable. Some parents feel like they have to amaze their kids with extravagant outings and gifts when they visit, in order to make the visits more memorable. Fortunately, this is not true. In fact, visits that are too jam-packed with activities and excitement can be overwhelming for some kids. If you take care to ensure that visits are not crammed too full of plans and activities, that can help to keep everyone’s focus on being together, instead of making it through an exhausting schedule of events.

When you are thinking about what you would like to do with the kids during your visits, remember which things you have already done with them have brought you the most joy. If you and your child or children still enjoy those same activities, make a plan to incorporate them into your time together. Since children are always growing and some of their interests change often, another way to make sure that your time with your child is meaningful for both of you is to set aside time for you to just be with them, in comfortable situations like enjoying a meal together or taking a walk. You may be surprised at how much you can learn about your child and their interests during these simple activities, as kids are often eager to share details about things that they enjoy. When they mention things that are also interesting to you, make a plan to do those things together at some point in the future.

If you are a parent who is considering divorce, it is to your advantage to work with a Texas divorce attorney. To learn more about how we can help you with your Texas divorce, schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our office at (903) 753-7499, on the web to submit an online contact form.

 

Building Strong Relationships After Your Divorce, One Visit at a Time

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When your first child was born, you probably realized that you were entering a new chapter of your life. That tiny baby that you held in your arms was in fact someone with whom you will have a bond for your entire life.  As your child or children grew, you built a relationship with them, one moment at a time. Now that you are divorcing, that does not have to change. Although the schedule of moments that you will share with your child or children may look different than it did when all of you lived in the same home, each moment presents the same opportunities as all of the moments prior to your divorce did. Even if your new schedule gives you less time with your child or children than you are accustomed to, your bond can remain strong both now, and for years to come.

If you are able to focus on making your kids’ transition from their other parent’s home to your home as smooth as possible, you will set yourself and your kids up for a great visit. Calm and civilized communication before, during, and after pick-ups and drop-offs will set your children at ease. Once the children are at your house, remember that children thrive when consistent rules and routines are a part of their day to day life. It is likely that your children follow rules and routines at their other parent’s home that the two of you decided upon together before your divorce. Incorporating the rules and routines that your children are accustomed to into life at your house will help the kids feel safe and secure, and can reduce the likelihood of the behavioral problems that can, for some children, accompany a change in routine.

You may wonder what kinds of things you should do with your kids when they visit you, because you have such limited time together and you want to make sure that it is enjoyable. Some parents feel like they have to amaze their kids with extravagant outings and gifts when they visit, in order to make the visits more memorable. Fortunately, this is not true. In fact, visits that are too jam-packed with activities and excitement can be overwhelming for some kids. If you take care to ensure that visits are not crammed too full of plans and activities, that can help to keep everyone’s focus on being together, instead of making it through an exhausting schedule of events.

When you are thinking about what you would like to do with the kids during your visits, remember which things you have already done with them have brought you the most joy. If you and your child or children still enjoy those same activities, make a plan to incorporate them into your time together. Since children are always growing and some of their interests change often, another way to make sure that your time with your child is meaningful for both of you is to set aside time for you to just be with them, in comfortable situations like enjoying a meal together or taking a walk. You may be surprised at how much you can learn about your child and their interests during these simple activities, as kids are often eager to share details about things that they enjoy. When they mention things that are also interesting to you, make a plan to do those things together at some point in the future.

If you are a parent who is considering divorce, it is to your advantage to work with a Texas divorce attorney. To learn more about how we can help you with your Texas divorce, schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our office at (903) 753-7499, on the web to submit an online contact form.

 

Why Should I Settle My Texas Divorce Case?

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Did you know that most divorce cases, whether they take place in Texas or elsewhere, are resolved through settlement instead of by trial? It is estimated that around ninety five percent of divorce cases settle, with a remaining 5% to be handled in the courtroom.  If you are currently convinced that your divorce case will be a part of the five percent of divorce cases that go to trial, keep reading to find out why so many divorce cases settle, and why your case is very likely to end up being one of them.

The parties in a divorce proceeding are certainly adverse to one another, at least in many cases. After all, if things were workable between them, then they would not be filing for divorce. There is one thing, however, that even the most adversarial of spouses can often agree on. That one thing is that each of them will be better off if they design their own divorce settlement than if they let a judge design it for them.

The reason for this is simple. The parties to a divorce know what property they have, and which items are most important to each of them. If they have children, they know what kind of a schedule will work for their family, and what things they consider important with regards to the children. Any property settlement and parent child contact schedule that the parties arrive at through settlement is going to reflect this knowledge about what is important to the parties and what will work for them much better than a divorce order that is created by someone who does not know the family.

With this in mind, you may be wondering how you will ever be able to reap the benefits of settling your divorce if you cannot so much as have a simple conversation with your soon to be former spouse without the conversation quickly dissolving into yelling, tears, or silence. If communication between you and your soon to be former spouse is difficult, you are not alone. Most couples who are divorcing have at least some degree of difficulty communicating with each other at least some of the time. Despite this, most of them are able to go on to settle their divorces without a trial.

How do they do it? By getting attorneys involved. An experienced Texas divorce attorney can help you to bypass communication difficulties and obtain a settlement that is based upon what is important to you. It may seem counterintuitive that bringing attorneys into what is already an adversarial situation could actually make communication better, because usually when people retain an attorney for the purpose of filing a lawsuit based upon a dispute that they cannot resolve, it is viewed as taking the conflict between the parties to the next level.

In a divorce, the attorneys provide a sort of filter, or buffer, between the feuding parties. For example, if you wrote up a settlement offer and presented it to your spouse, he or she may reject it regardless of what it says, simply because it came from you. If that same exact offer was sent from the desk of your attorney to the desk of their attorney, and their attorney presented it to them as an option, they are much more likely to accept it. At the very least, they will read through it without tearing it up, and if it is not to their liking they will work with their attorney to present a counter offer.

A knowledgeable East Texas divorce attorney can help you to obtain the divorce settlement that you deserve, without the stress and expense of a trial. Schedule a free consultation with Longview divorce attorney Alex Tyra today, by calling (903) 753-7499, or visit our law firm website to submit an online contact form.