During the last legislative session, a bill that would have made 50/50 custody agreements automatic in most divorce cases failed. Disappointed parents rallied to express their disappointment in the failure of a bill that they feel would have protected the health and well-being of the children of divorced and divorcing parents.

House Bill 453 was authored by State Representative James White (R-Woodville), wrote the bill, which would have meant a departure from the traditional divorce custody model where the mother would be given full custody of the couple’s children to a model that would automatically give divorcing parents 50/50 custody. Many divorced parents whose children spend less than half of their time with them lament their current custody arrangements and feel that the lack of adequate time spent with their children negatively affects their children’s relationship with them. The bill was similar to proposals that are under consideration in at least four other states, and it is worth noting that in nearly twenty other states, shared custody is required or at the very least expected in the absence of a compelling reason for a different arrangement.

The parents at the rally felt that the value system that underlies the primary-custody-to-mother custody model has changed, which means that the courts should change their custody model to acknowledge the shift away from father-as-breadwinner/mother-as-homemaker families towards the more typical dual career family. In addition to and perhaps even more important than keeping with changing times, shared parenting is beneficial for both children and parents. It preserves the psychological role of each parent as equal to the other, which creates less distress for the children during and after the transition into two households. Parents who get equal parenting time are also less likely to have conflict. This is not to say that there’s a complete absence of conflict, only that the overall level of tension and conflict gets drastically reduced which benefits everyone. Shared parenting also allows for economic equality, and in situations where child support goes from one parent to the other, there is much less discussion of it or resentment of it when parents get to spend equal time with their kids.

There are some situations in which 50/50 parenting is not a beneficial situation for parents or children. Some examples include high levels of persistent and unresolved conflict, domestic violence, and substance abuse. Conditions that would make shared parenting physically or emotionally unsafe are not the only circumstances which would make 50/50 custody less than desirable. The careers and desired location of the parents can also be a reason for parents to choose a custody arrangement that does not provide for equal parenting time. The children’s’ ages and emotional needs are also essential considerations in any discussion and determination regarding custody.

In light of the failure of the bill that would mandate 50/50 custody in most divorces, it is critical that parents remember that they are free to design a custody arrangement that will work well for themselves and their children instead of having the court decide who gets how much parenting time. If you have custody questions related to your Texas divorce, call  (903) 753-7499 today to schedule an initial consultation with Texas Family Law Attorney Alex Tyra. Alternatively, you can visit us online anytime to submit an online contact form.

The rules of divorce are not uniform throughout the world. In many countries like the United States, divorce is a legal process that must be done through the court system to be valid. In some places, though, divorce does not always have to pass through the court system. For example, in India, a man may declare a divorce from his wife, irrevocable and effective immediately, simply by saying or writing the word “talaq” three times.

The idea of an instant and irrevocable divorce may seem strange enough because no such provision exists here in the United States, but the rules for divorce in India are even more unlike American divorce rules in that they do not apply equally to men and women. A wife may not declare “talaq” against her husband. If a woman in India would like to divorce her husband, she must consult with a cleric first, and there is a formal process that she must follow if she would like to receive financial support from him.

Women in India are becoming increasingly frustrated with the problems that come from having unequal divorce rules for men and women. One out of every eleven Indian women who have married has had one or more marriages that ended with “talaq” divorce. When women are divorced by “talaq,” it is tough for them to get financial support from their former husbands, so the divorced women and their children are at a high risk for poverty. It is evident from the accounts of many Indian women that “talaq” divorce creates a permissive environment for physical and emotional abuse. Many women remain in physically and emotionally abusive relationships because they have no way of supporting themselves and their children economically and they fear that if they stand up to their husbands and ask them to stop the abuse, then their husbands will get angry and divorce them by “talaq.” Some of the women who have experienced “talaq” divorce have petitioned the Supreme Court of India, seeking a ban on instant divorce. Lest we think that such a ban is unlikely, it is important to remember that some nations like Pakistan, Egypt, and Tunisia that once allowed “talaq” divorces have banned the practice and have given responsibility for overseeing divorces to their judicial systems.

Opposition to a ban on “talaq” divorce comes from some members of the Muslim community who feel that it is an integral practice within the religion of Islam. However, not all Muslims agree. Some Muslims say that the provisions for divorce that are in the Quran not only apply equally to men and women, they also require a couple to think things through and try to reconcile before they may divorce. The Supreme Court of India will examine the issue and determine whether a ban on “talaq” divorce would be constitutional.

In Texas, the laws of the State of Texas govern all divorce proceedings. If you have questions about your Texas divorce, a family law attorney can help you find the answers that you need. Call  (903) 753-7499 today to schedule a consultation with Texas Family Law Attorney Alex Tyra. You may also visit us online and submit a convenient online contact form.

Most couples and families regard their pets as members of the family. We take them with us on adventures, we curl up with them on the couch, we play with them, and we love them in so many ways. In return, they love us faithfully and bring so much joy into our lives. When a couple who has pets divorces, they will need to decide how they will handle the care and company of their pets.

A recent change to the divorce laws in Alaska requires courts to consider the “well-being of the animal” in divorce cases where custody of a pet is contested. The change went into effect this past January, and it makes Alaska the first state to require that courts address the needs of an animal when they make decisions about how they will assign ownership of that animal in a divorce case. The law permits courts to assign ownership of an animal to one party or the other or to order joint custody in situations where the well-being of the animal would be served best by that arrangement.

Most states, including Texas, treat animals as personal property. When a couple divorces, the issue of who will get to keep which animals gets addressed in the property settlement portion of the divorce proceedings. Even though animals are considered property under the law, divorcing couples who have pets are free to make agreements about how they want to handle issues associated with pet care and ownership.

If you have pets and you are divorcing, you might already be aware that your pets will experience your divorce on both a physical level and an emotional level. You and your pet may both already be experiencing feelings associated with the change in the amount of time that you spend together if that has already changed for you. These feelings, along with the fact that pets who spend time with each of their “people” adjust more easily to their new lifestyle, are good reasons to do your best to work things out with your spouse as far as agreeing to a schedule for pet care and making an agreement about pet-related expenses. Any agreement that the two of you create on your own will serve your needs and the needs of your pets much better than a judge-designed court order can because the court will simply consider the pets as property and distribute them as part of your property agreement.

If you have pets and you are getting divorced, be sure to take the time to talk about your pets with your spouse. Pets can be treated more like family members and less like property when a divorcing couple makes an agreement regarding their care and custody instead of leaving the matter of their disposition to a judge. If you have questions about how to address the needs of your pets in your Texas divorce, please contact Texas Family Law Attorney Alex Tyra at (903) 753-7499 to schedule a consultation. Alternatively, you may visit us online and submit a convenient online contact form.

Some couples have relatively few types of assets to concern themselves with when they divorce. Others may own real estate, investments, or even one or more businesses. If you or your spouse owns a business, or, if you own a business together, it is essential that you take great care to ensure that the hard work that either or both of you have invested into your business over the years gets preserved during your divorce.

Just as with other types of assets, the issue of how to handle business ownership in a divorce is best addressed by agreement of the parties, and not by a judge who knows little or nothing about you, your family, and your business. Regardless of the current level of conflict in your divorce, it is important that you and your spouse work together with your attorneys to discuss the future of your business, and that the two of you make every effort to reach an agreement about what that future is.

In addition to working with your attorneys to discuss the future of your business, it is often worth consulting with a financial advisor because they can provide you and your attorney with valuable information like estimates of the value of the enterprise and its assets, cash flow, and liquidity. When you have gotten a clear picture of what your business is worth, you can begin to think about how you would like to acknowledge that value in your divorce settlement. There are many ways that couples who own one or more businesses, either together or separately, can structure a divorce settlement.

If you own a business that your spouse is not involved in, you may want to think about what other assets could, when taken as a group, have approximately the same value as the business. Your spouse may be happy to take that group of assets while you retain ownership, control, and all of the other benefits of your business. Of course, it is possible that your spouse may prefer a different arrangement, or they may be the one who owns the business, and you may have to engage in discussion about what will work well for each of you. It is possible that either or both of you are interested in selling your business, or in selling your interest in the firm. These are all potential solutions that you can discuss with your spouse. As you have these discussions, keep in mind that there are many creative ways that spouses can structure a divorce agreement involving a business, and any solution that the two of you can come up with is likely to work better for your family than a solution that is devised by the court.

If either you or your spouse owns a business or you own a business together, a Texas Family Law Attorney can help you to account for your business and all of your other assets as part of your Texas divorce. To learn more, please contact attorney Alex Tyra at (903) 753-7499 to arrange a consultation, or visit us online and submit a convenient online contact form.

If you are divorcing, you may wonder how you will be able to afford to take this much-needed step towards personal freedom. Divorce does cost money, but it is important that you do not put it off or even worse give up on it out of fear that you cannot afford it. The following tips can help you secure your finances before, during and after your divorce.

When divorcing spouses maintain a focus on agreement, they save money. Divorce is not easy, but the notion that cooperation can cut costs can be a powerful motivator to set conflict aside. One way in which agreement can reduce the financial burden of divorce is in the area of legal fees. It is important that each spouse retains his or her own attorney, but the amount of work that your attorney has to do on your behalf is directly connected to the amount that you will end up paying them. If you and your soon to be former spouse are approaching your attorneys with drafts of a divorce agreement that you have worked on together, you will not spend as much on legal fees as you would if you are fighting with each other through your attorneys about who should get which assets and what your parenting plan should look like, if you have children.

In reality, not all divorces can be resolved amicably. Fortunately, you can keep your costs down regardless of the level of conflict in your divorce. Knowing the details of your personal and household finances is one of these strategies. You can gather information about your debt and any marital debts that you and your spouse have, and you can do some research and find out what your household expenses are as well as what you might expect to pay to establish a new home for yourself.

Making financially wise decisions during your divorce can reduce not only the up-front costs of divorce but also the long-term costs. Divorce is an emotional process, but it is essential for your financial well-being that you do your best to address your emotional needs – through counseling, talking with supportive friends or whatever works for you – and make financial decisions from a purely practical frame of mind. For example, you may have to work through your feelings about your marital home before you can do an honest and sufficiently detailed calculation to determine whether it makes sense to try to keep it on either a short-term or a long-term basis.

As you and your soon to be former spouse work through your divorce, see whether the two of you can agree on whether to sell any items to make more cash available to pay off debts or divide amongst each other. There are laws that govern marital property, so you must check with your attorneys before selling anything because an improper sale is illegal. Selling items requires consulting with your attorney, but you are free to reduce your personal expenses by eliminating unnecessary spending, starting your new household with only the bare minimum of utilities and looking for ways to save money on one-time and recurring costs.

While you work to build a strong financial future for yourself, a Texas Family Law Attorney can help you pursue an outcome in your divorce that will meet your current and future needs. To learn more, please contact attorney Alex Tyra at (903) 753-7499 to arrange a consultation, or visit us online and submit a convenient online contact form.