Tag Archive for: Texas Family Law Attorney

Texas Family Law Attorney Talks About Divorce and Your Children’s Education

When a divorcing couple has children, a significant portion of the time and effort that they put into their divorce gets spent discussing and making decisions about the kids. In addition to creating a parenting schedule and determining whether and how much child support will get paid, parents must make decisions about decisions. Raising kids involves many decisions, from choices about health care and extracurricular activities to decisions about religion and education. While it might seem like discussing decision making for the areas mentioned above and any others that apply to your family is a bit much to deal with during the already complicated process of divorce, making decisions about who will decide what, and when can save both parents and kids from additional stress and conflict later on.

Your children’s education from birth until adulthood involves many choices. Will they go to preschool or not? Public school, private school, or home school, and in what city or town? What will you do if any of your children require an IEP or other specialized assistance as they pursue their education? Who will guide the children’s’ decision making about their educational futures? Who, if anyone, will help them pay for college or other educational opportunities that cost money. These are just a few of the choices that parents and kids often face on the topic of education. If parents include guidelines for making these decisions in their divorce decree, the family will have a clear set of instructions for how to proceed as they go along.

It is essential that each divorcing couple decides during their divorce how they plan to handle all of the decision making that goes along with parenting. A divorcing couple can determine that one parent will make all of the major decisions for the kids, they can divide decision making by topic, or, as is often the case, they can choose to make decisions about the kids together. Your family law attorney can help you decide what is likely to work well for you and your former spouse regarding decision making during and after your divorce.

Much of the time, parents follow their agreed-upon plans for making significant decisions for their kids without issue until their children become adults and take on responsibility for making their own decisions. Sometimes, though, parents arrive at an impasse when they’re faced with a major decision involving one or more of their children. If you encounter a conflict, it is crucial that both you and your former spouse put some effort into resolving it because you and your child’s other parent are the people who are best qualified to make decisions for your children, not a judge. Sometimes remembering that is all it takes to get discussions moving in a more productive direction. Unfortunately, parents are sometimes unable to reach an agreement and do need to reach out to their attorneys for help. Fortunately, attorneys are often able to help former spouses agree on decisions without going to court.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.

 

Texas Family Law Attorney Shares Basic Information About Divorce in Texas

If you are considering a divorce in Texas and you are beginning to learn more about how the divorce process in Texas works, you are not alone. Each year, approximately seventy-five thousand Texans end their marriages. Unfortunately, the number of divorces that happen in Texas does not make it any easier for each person to navigate their divorce. Just as each marriage is unique, each divorce is slightly different than the others. Fortunately, there are quite a few common elements that are present in all or almost all Texas divorces. Learning about the essential elements of a Texas divorce is excellent preparation for working through the more specific details of your Texas divorce.

The key thing to know about divorce in Texas, or anywhere, really, is that working with a divorce attorney is time and money well spent because attorneys not only help their clients understand the divorce process, they help them work through it every step of the way. Divorce attorneys help their clients make decisions that will serve their best interest and choices that will keep the divorce moving along, possibly even with less conflict than they might have expected. Research indicates that divorced individuals who worked with attorneys to settle their divorce cases report higher degrees of satisfaction with outcomes of their divorce cases than those who either did not work with attorneys or who pursued resolution of their divorce cases through litigation instead of a settlement.

Divorce cases don’t get resolved overnight in Texas, or anywhere else. The typical Texas divorce takes between six months and one year from the date that one of the parties files for divorce until the date that the divorce becomes final. Another critical thing to know about divorce in Texas is that either you’re married or you’re not; there is no in between, no period of legal separation. You are married until your divorce is final. This is an important thing to be aware of because Texas is a community property state. In community property states, all property and all debt acquired during the marriage belongs equally to both spouses. During your divorce, it is crucial that you make financial and other decisions with that in mind, and with the aid of your attorney. Also, while Texas does recognize “no-fault” divorce, the issue of fault may still come up during your divorce case when it comes to deciding what a fair division of your debts and assets is. It is vital that divorcing Texans understand this so that they are not surprised when the issue gets discussed.

Divorce in Texas is much easier with a knowledgeable ally by your side. Your Texas Family Law Attorney can help you understand your options and pursue the best possible result in your Texas divorce case. If you have questions about your Texas divorce, call (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.

 

Texas Family Law Attorney Reminds Divorced and Divorcing Texans to use Caution at Tax Time

One thing that it can be easy to overlook when you are divorcing or newly divorced is the tax consequences of your divorce. Whether your divorce affects your taxes for better or for worse, there is one thing that is certain – you will need to do your taxes at least somewhat differently than you did when you and your spouse were married. Some of the tax changes that relate to divorce take place before your divorce is even final, so it is essential that all divorced or divorcing Texans know what to do for their particular situation when tax time comes around.

Since every divorce is unique, it only makes sense that your taxes could be affected differently by your divorce than your friend’s or your co-worker’s. The only way to know for sure what to do at tax time is to ask both your divorce attorney and your tax preparer. If you usually do your taxes, it is well worth consulting with a tax professional for a few years, both during and after your divorce, just to make sure that everything gets filed as it should. You might eventually resume doing your taxes on your own, but for now, getting some professional advice is a good idea.

Three things that you may want to pay particular attention to regarding your taxes are your filing status, exemptions, and alimony. Depending upon whether your divorce is final or even how long it has been since you filed for divorce if it’s not yet final, your filing status may be different this tax year than it was last tax year. You may also have multiple options available to you for filing status, and your attorney and or your tax professional can help you weigh the advantages and disadvantages of each so you can select the filing status that will work best for you.

In divorces where there are children or other relatives in the home who get claimed as dependents by one or both spouses, divorce can bring about changes to the number of exemptions that each spouse can claim in any given tax year. Sometimes, exemptions even get used as a bargaining tool in divorce negotiations, as something that divorcing spouses can divvy up as part of their divorce settlement. As with all of the other tax issues related to divorce, it’s a good idea to consult with your attorney and tax preparer about your exemptions before you file so that you can be sure to do them correctly.

A third common tax issue in divorce cases is alimony. Your divorce may not involve alimony, but if it does, definitely check in with your attorney and your tax preparer about how you are to deduct it if you are the paying spouse or how to report it as income if you are the receiving spouse. There are particular rules for including alimony on your tax return, and it is essential that you follow them as they apply to your specific situation.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.

Texas Family Law Attorney Reminds Divorced and Divorcing Texans to use Caution at Tax Time

One thing that it can be easy to overlook when you are divorcing or newly divorced is the tax consequences of your divorce. Whether your divorce affects your taxes for better or for worse, there is one thing that is certain – you will need to do your taxes at least somewhat differently than you did when you and your spouse were married. Some of the tax changes that relate to divorce take place before your divorce is even final, so it is essential that all divorced or divorcing Texans know what to do for their particular situation when tax time comes around.

Since every divorce is unique, it only makes sense that your taxes could be affected differently by your divorce than your friend’s or your co-worker’s. The only way to know for sure what to do at tax time is to ask both your divorce attorney and your tax preparer. If you usually do your taxes, it is well worth consulting with a tax professional for a few years, both during and after your divorce, just to make sure that everything gets filed as it should. You might eventually resume doing your taxes on your own, but for now, getting some professional advice is a good idea.

Three things that you may want to pay particular attention to regarding your taxes are your filing status, exemptions, and alimony. Depending upon whether your divorce is final or even how long it has been since you filed for divorce if it’s not yet final, your filing status may be different this tax year than it was last tax year. You may also have multiple options available to you for filing status, and your attorney and or your tax professional can help you weigh the advantages and disadvantages of each so you can select the filing status that will work best for you.

In divorces where there are children or other relatives in the home who get claimed as dependents by one or both spouses, divorce can bring about changes to the number of exemptions that each spouse can claim in any given tax year. Sometimes, exemptions even get used as a bargaining tool in divorce negotiations, as something that divorcing spouses can divvy up as part of their divorce settlement. As with all of the other tax issues related to divorce, it’s a good idea to consult with your attorney and tax preparer about your exemptions before you file so that you can be sure to do them correctly.

A third common tax issue in divorce cases is alimony. Your divorce may not involve alimony, but if it does, definitely check in with your attorney and your tax preparer about how you are to deduct it if you are the paying spouse or how to report it as income if you are the receiving spouse. There are particular rules for including alimony on your tax return, and it is essential that you follow them as they apply to your specific situation.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.

Texas Family Law Attorney Reminds Divorced and Divorcing Texans to use Caution at Tax Time

One thing that it can be easy to overlook when you are divorcing or newly divorced is the tax consequences of your divorce. Whether your divorce affects your taxes for better or for worse, there is one thing that is certain – you will need to do your taxes at least somewhat differently than you did when you and your spouse were married. Some of the tax changes that relate to divorce take place before your divorce is even final, so it is essential that all divorced or divorcing Texans know what to do for their particular situation when tax time comes around.

Since every divorce is unique, it only makes sense that your taxes could be affected differently by your divorce than your friend’s or your co-worker’s. The only way to know for sure what to do at tax time is to ask both your divorce attorney and your tax preparer. If you usually do your taxes, it is well worth consulting with a tax professional for a few years, both during and after your divorce, just to make sure that everything gets filed as it should. You might eventually resume doing your taxes on your own, but for now, getting some professional advice is a good idea.

Three things that you may want to pay particular attention to regarding your taxes are your filing status, exemptions, and alimony. Depending upon whether your divorce is final or even how long it has been since you filed for divorce if it’s not yet final, your filing status may be different this tax year than it was last tax year. You may also have multiple options available to you for filing status, and your attorney and or your tax professional can help you weigh the advantages and disadvantages of each so you can select the filing status that will work best for you.

In divorces where there are children or other relatives in the home who get claimed as dependents by one or both spouses, divorce can bring about changes to the number of exemptions that each spouse can claim in any given tax year. Sometimes, exemptions even get used as a bargaining tool in divorce negotiations, as something that divorcing spouses can divvy up as part of their divorce settlement. As with all of the other tax issues related to divorce, it’s a good idea to consult with your attorney and tax preparer about your exemptions before you file so that you can be sure to do them correctly.

A third common tax issue in divorce cases is alimony. Your divorce may not involve alimony, but if it does, definitely check in with your attorney and your tax preparer about how you are to deduct it if you are the paying spouse or how to report it as income if you are the receiving spouse. There are particular rules for including alimony on your tax return, and it is essential that you follow them as they apply to your specific situation.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.

Texas Family Law Attorney Discusses Counseling

Divorce clients often wonder whether they need counseling. If they have kids, they are also likely to wonder whether their children need therapy. If you’re asking one or both of these questions, that’s good because looking after your mental health and the mental health of your children is essential to your overall well-being.

In this article, we’re not talking about marriage counseling. If you’re thinking about divorce and you’re curious about marriage counseling, visit our page next month for an article about “discernment counseling”, a process that can help couples decide whether to pursue marriage counseling. This article is about determining whether to seek individual therapy for yourself and your children.

Adults who are going through divorce need emotional support. Counseling is one available form of emotional support. Only you can decide whether it is right for you. The intense emotions that divorce brings about can take you by surprise, even if you expected to face emotional challenges. Think about what works for you when you need to make big decisions or find solutions to problems in your daily life. Do you have a friend or family member who listens well and talks with you in a way that is helpful and uplifting? Conversations with people like that can be helpful and healing. Some people that you talk to may have even been through a divorce themselves, which can help you feel heard, understood, supported and accepted. If you are a person of faith, your congregational leader may be a trustworthy source of support. Sometimes, a professional counselor is the best emotional support, especially if you are wrestling with depression, anxiety, or substance use. Ask people for references or call around to see who might be a good fit for you. Finding the right emotional support makes a huge difference in your ability to recover from your divorce and move forward with your life.

Sometimes, kids whose parents are divorcing benefit from therapy. Every child’s needs are unique, so it is good to evaluate whether counseling could benefit your child. That said, it is imperative that you understand how important of a role you, the parent, play in meeting your child’s mental health needs. Children who receive consistent emotional support from parents during and after divorce often come through the experience having acquired good coping and problem-solving skills and increased resiliency. Support your kids by keeping discussions about your divorce away from their eyes and ears, maintaining consistency in their daily routines as much as possible, and not only refraining from negative talk about their other parent but also encouraging a healthy and positive relationship with them. Even children of the most supportive and encouraging parents might need help processing the emotions that go along with divorce. Kids do not often recognize on their own that they need emotional support, but parents can look for signs that their kids need help. If you see changes in your child’s behavior or personality such as increased anger, aggression, acting out more or differently than usual, or appearing depressed and isolating themselves from things they usually enjoy, then counseling might benefit your child. Talk with other parents or your child’s health care providers to get some ideas about who you might approach about counseling for your child.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.

Texas Family Law Attorney Talks About Premarital Agreements

Did you know that years ago, couples who planned to marry in Texas could not make premarital agreements? Premarital agreements are becoming more and more commonplace among modern couples, so it can be hard to believe that there was ever a time where couples could not enter into them. The Texas Constitution prohibited all couples, both those who were married and those who were anticipating marriage, from making any agreement that would change the character of their marital property.

Married couples were the first to be permitted to make agreements regarding their marital (community) property. In 1948, the Texas Constitution got amended to permit spouses to contract with each other to designate some or all of their community property as separate property via a document called a marital agreement. Couples who were not yet married could not contract with each other regarding marital property until 1980. Since 1980, the process for contracting with a future spouse regarding ownership of property has evolved into a strict set of requirements that are set out in the Texas Family Code and the Texas Constitution.

If you plan to marry in Texas, you may create a premarital agreement. As with anything else, the key to knowing whether something will benefit you is understanding more about it. For example, a couple who is anticipating marriage would want to know why some couples choose to have them to determine for themselves whether they need one.

Premarital agreements can serve a few different purposes, including limiting future alimony, preserving family assets, ensuring specific parenting practices, clarifying tax obligations, and setting forth the parties’ rights and duties during the marriage, among other things. While there seem to be few boundaries on what you can put in a premarital agreement, please know that there are some limitations. You and your future spouse may not contract to do things that violate any criminal laws or that go against established public policy.

It might also be useful for you and your future spouse to understand who typically enters into premarital agreements. There is no one specific class or category of people who enter into premarital agreements more often than others. With this in mind, couples who are considering marriage must understand that premarital agreements are only a good idea if both parties want one. A premarital agreement is a legally binding document, so no one should ever enter into one under any circumstance besides wanting to have one because they believe that it will benefit them and their future spouse. For example, if you’re considering it just because your future spouse wants it, because your parents want the two of you to have one, or because their parents want you to get one and you either don’t want one or do not see that it will benefit you, do not enter into the agreement. If you and your future spouse agree that you want to enter into a premarital agreement because it will be good for each of you, then it’s time to work with a Texas Family Law Attorney to explore what you plan to include in your premarital agreement.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule an initial consultation with Texas Family Law Attorney Alex Tyra. Alternatively, you can visit our web page anytime to submit an online contact form.

 

Texas Family Law Attorney Discusses Reconciliation

Divorce is a process; it’s not just an event. For any divorcing couple, some length of time passes between the filing of divorce papers and the date that the divorce becomes final. The length of time that it will take for a couple to divorce depends upon a few factors, including the laws of the state where they are divorcing. Each state has a timetable for divorce proceedings. The length of a couple’s divorce also depends on the couple, and whether they work through the process quickly without having to discuss much, or whether they battle hard and delay the process by being unable to work out an agreement on the issues in their case instead of going to trial. There are also situations where divorce proceedings get put on hold or even abandoned completely because a couple decides to try to reconcile or does indeed reconcile.

Brad Pitt and Angelina Jolie recently announced that they are taking a break from their divorce proceedings. While the two are not back together, they are working on some of the things that contributed to the demise of their relationship, and they have decided to pause the proceedings to see where things go. Other celebrity couples have done similar things, with some continuing to divorce and some letting the initial divorce filing fade into the background while remaining married, for better or for worse, sometimes for a long time and sometimes for just a few months or years before finally deciding to call it quits.

If celebrities are pausing divorce proceedings to consider reconciliation, you can be sure that many other people who are not celebrities are doing it, too. If you are divorcing and the thought of taking a break to work on things or think about things seems like it might be a good idea, there’s no harm in exploring the possibility. You can always forge ahead if you get the feeling that the divorce should continue. Of course, if the mere mention of the word reconciliation or taking a break to work on things makes you feel angry inside, then don’t do it. Many people put a lot of thought and effort into working through things before they file for divorce and once they have gotten to that point they are sure that it is the right choice for them. If that’s you, keep on moving through your divorce with confidence,

One of the ways that a couple can explore the idea of reconciliation is through couples counseling. Counseling can be beneficial regardless of whether the two of you decide to divorce or stay together. It can help you talk through some things that could make divorce proceedings go more smoothly, or it could make you realize that divorce isn’t really what either of you wants or needs.

If you are considering divorce and you have questions, call our office at (903) 753-7499 today to plan an initial consultation with Texas Family Law Attorney Alex Tyra. If you prefer, you can visit us online anytime to submit an online contact form.

Texas Family Law Attorney Discusses Reconciliation

Divorce is a process; it’s not just an event. For any divorcing couple, some length of time passes between the filing of divorce papers and the date that the divorce becomes final. The length of time that it will take for a couple to divorce depends upon a few factors, including the laws of the state where they are divorcing. Each state has a timetable for divorce proceedings. The length of a couple’s divorce also depends on the couple, and whether they work through the process quickly without having to discuss much, or whether they battle hard and delay the process by being unable to work out an agreement on the issues in their case instead of going to trial. There are also situations where divorce proceedings get put on hold or even abandoned completely because a couple decides to try to reconcile or does indeed reconcile.

Brad Pitt and Angelina Jolie recently announced that they are taking a break from their divorce proceedings. While the two are not back together, they are working on some of the things that contributed to the demise of their relationship, and they have decided to pause the proceedings to see where things go. Other celebrity couples have done similar things, with some continuing to divorce and some letting the initial divorce filing fade into the background while remaining married, for better or for worse, sometimes for a long time and sometimes for just a few months or years before finally deciding to call it quits.

If celebrities are pausing divorce proceedings to consider reconciliation, you can be sure that many other people who are not celebrities are doing it, too. If you are divorcing and the thought of taking a break to work on things or think about things seems like it might be a good idea, there’s no harm in exploring the possibility. You can always forge ahead if you get the feeling that the divorce should continue. Of course, if the mere mention of the word reconciliation or taking a break to work on things makes you feel angry inside, then don’t do it. Many people put a lot of thought and effort into working through things before they file for divorce and once they have gotten to that point they are sure that it is the right choice for them. If that’s you, keep on moving through your divorce with confidence,

One of the ways that a couple can explore the idea of reconciliation is through couples counseling. Counseling can be beneficial regardless of whether the two of you decide to divorce or stay together. It can help you talk through some things that could make divorce proceedings go more smoothly, or it could make you realize that divorce isn’t really what either of you wants or needs.

If you are considering divorce and you have questions, call our office at (903) 753-7499 today to plan an initial consultation with Texas Family Law Attorney Alex Tyra. If you prefer, you can visit us online anytime to submit an online contact form.

Texas Family Law Attorney Shares Three Top Relationship Woes

Divorce begins with marriage, a marriage in which something has gone so wrong that the divorcing spouses believe it to be beyond repair. Divorce attorneys learn a lot about relationships as they help their divorcing clients navigate the legal process that ends their marriages. One of the things that divorce lawyers learn through working with their clients is that although there are many reasons that marriages fail, there are a few reasons that stand out as common marriage busters. If you are considering divorce and you recognize one of these common culprits as the reason why it’s a good idea to ask yourself whether you and your spouse might invest in your marriage by exploring the issue before investing time and money into getting divorced. When spouses realize that their marriage is in trouble and they start to talk about why they gain information about whether there’s a possibility for the marriage to be saved or whether the two of them are past the point of no return and moving forward with divorce is the healthiest option for them.

Children are undoubtedly a source of great love and joy to their parents. Unfortunately, spouses who have kids also have the potential to experience a marital breakdown in a way that couples without kids do not. It has very little to do with the children themselves, but it does involve each spouse’s beliefs and expectations regarding the care and upbringing of their kids. Raising kids takes a lot of time and effort, and disputes often arise from a difference in expectations regarding how spouses divvy up parenting time and responsibilities. Disagreements about family rules and discipline are also often cited as a major source of marital stress.

All couples could potentially fall prey to a ruined marriage due to a lack of communication. While people differ in how they communicate and the amount of communication that they prefer, it’s easy to see that little to no communication within a marriage can quickly become a deal-breaker. Communication within the context of marriage involves many things, from daily responsibilities and scheduling to beliefs, values, and feelings. We are not designed to read minds should we be expected to “know” what each other is doing or feeling. This is why when couples don’t talk, misunderstanding and resentment build and build until one or both spouses becomes angry and fights rather than conversations become the couple’s default method of communication.

A lack of intimacy, both the sexual variety and the non-sexual closeness that couples can maintain through their words and actions, can bring a marriage to its demise. Humans are made for closeness, and the physical and emotional connection that a couple can experience within their marriage is unique to that relationship. When one or both spouses stop reaching out to each other in an affectionate way, their bond becomes weaker and weaker until they feel more like roommates instead of spouses. If a couple is unwilling or unable to reconnect with each other, the marriage is likely to fail.

If you are considering divorce, call us at (903) 753-7499 today to arrange an initial consultation with Texas Family Law Attorney Alex Tyra. If you prefer, visit us online anytime to submit an online contact form.