Tag Archive for: Texas Family Law Attorney

Texas Family Law Attorney Shares Tips for Working with Your Divorce Attorney

If you are getting divorced in Texas, enlisting the aid of a Texas divorce attorney is the best way to ensure that you come away from your marriage with as many of the things that are most important to you as possible. Divorce is a legal process, and there are rules that must be followed. There is also a lot of room for couples to choose how they will settle their divorce cases, within the framework that is provided by those rules. Your divorce attorney is an expert guide who knows the divorce process inside and out, and who is there to help you make decisions throughout the course of your divorce that are likely to bring you to a favorable resolution of your case. The following tips can help you to make the most out of your relationship with your Texas divorce attorney.

When you decide to get divorced, you may develop ideas about what you expect to get out of it. These ideas may be things that you simply feel as though you are entitles to, or they may be based upon information that you know about what friends, family members, or others have gotten in their divorce cases. Each divorce case is unique, so each couple’s divorce has a different result, one that is based upon their unique circumstances. Your attorney can provide you with valuable guidance about what you might realistically be able to obtain during your divorce, as far as assets, parenting time, and the like.

As is the case with any type of legal matter, divorce clients often have a lot of questions. Your divorce is an important part of your life, and your attorney understands that. If you have a question, ask your attorney, because not only will you get the information that you need, your questions may actually help your attorney to provide you with the best representation that they possibly can.

When you work with a Texas divorce attorney, it may seem like your attorney asks you to provide them with a lot of information. You may not want to give them all of that information, either out of a concern for your privacy or because you think that they do not need all of it. However, you must provide your attorney with any and all information that they ask you to provide. If you have concerns, ask them why they need specific information, and they will explain it to you.

A Texas divorce attorney can help you to obtain a settlement or court decision in your divorce case that will provide you with many of the things that are important to you. Texas Divorce Attorney Alex Tyra can help you to understand the divorce process, as well as the options that are available to you for resolving your divorce case. If you have questions or concerns regarding your Texas divorce, please call our office today, at (903) 753-7499.

 

Texas Family Law Attorney Talks about Financial Concerns Associated with Divorce

Financial considerations are an important part of every divorce case. It can be difficult to predict all of the ways in which your divorce will affect your finances, but it is important to try and anticipate at least some of them. Learning about the types of financial situations that can arise during divorce can help divorcing people prepare themselves for issues that may be relevant to their situation so that they can think about how they want to handle them in their divorce case.

One way in which divorce and finance are connected is that each person who gets divorced must choose whether they will retain an attorney to help them with their case or whether they will represent themselves in their divorce proceedings. If finances are tight, you may be wondering how you could ever justify spending money on attorneys’ fees. Retaining an attorney is more like making an investment than spending money, because representing yourself in your divorce could actually cost you more than you would pay in attorneys’ fees. For example, attorneys are often able to help couples settle their divorce cases instead of having a trial, which results in a lower total cost. An attorney can also advise you of the possible financial consequences of the decisions you will make during your divorce, so that you can make informed choices about how to proceed.

The cost of hiring a divorce attorney varies, so it is important that you obtain detailed estimates from the attorneys that you consult with as you look for someone who is a good fit for you. The estimate should include the fees that your attorney is likely to charge for each service associated with your divorce case, in addition to other costs that they anticipate will be a part of your divorce, such as fees for accountants and appraisers in cases with high-value assets.

In addition to retaining an attorney, you may want to consider working with a financial planner. A financial planner can give you in-depth advice regarding decisions that you may have to make during your divorce case, such as the likely short and long term consequences of accepting any particular settlement offer or pursuing any particular asset, such as the marital home. As is the case with retaining an attorney, money spent on obtaining the services of a financial planner is a sound investment because it is likely to decrease the total amount that your divorce will cost you.

Financial considerations are an important part of any Texas divorce. If you are considering divorce, Texas Family Law Attorney Alex Tyra can help you to understand the financial decisions that are part of your divorce case, and he can help you pursue a resolution of your divorce case that reflects the things that are most important to you. To learn more about the types of financial issues that are associated with divorce, please call us today, at (903) 753-7499.

 

Texas Family Law Attorney Explains Collaborative Divorce

If you are contemplating a divorce, you may be learning what seems like a new language. As you educate yourself about divorce and gather information that will help you in making a decision about whether to file for divorce, you will encounter new concepts and add terms to your working vocabulary that you just didn’t know much about before divorce was on your mind. One concept that is certainly worth becoming familiar with is the concept of mediation.

In mediation, attorneys help their clients to come up with a divorce agreement that works well for both parties. This runs contrary to what some people think divorce is all about. Some of the more highly publicized divorce cases are high conflict situations which end up being resolved through litigation. In reality, litigated divorces represent only a small portion of all divorce cases. Many divorces are settled through agreement, and the mediation process is a way through which this can be accomplished.

Mediation can address whichever issues are part of a couple’s divorce, including property division, parental responsibilities, parenting time, child support, spousal support, and anything else that must be resolved. Couples who resolve their divorces through mediation often report that they believe that they experienced less stress than they would have if they had resolved them through litigation. They also report a high level of satisfaction with the outcomes of their divorces. This may be because they were able to divide their assets in a way that worked for them, instead of having to abide by an order that was issued by a court that knew very little about them.

When a couple has children, there is an even greater incentive to use mediation to resolve their divorce. When divorce follows an adversarial path, one party’s gain is the other’s loss. Parents fight with each other to get more parenting time, sole parental responsibilities, or greater awards of child support, often losing sight of the best interest of the children along the way. Mediation offers parents an opportunity to structure their parenting schedules and divide parental responsibilities in a way that meets their family’s needs, instead of having a judge impose schedules and responsibilities for them.

Mediation is a great way to reduce the stress and conflict of your Texas divorce case while increasing the odds that both you and your soon to be former spouse will walk away from your marriage satisfied with the outcome. Texas Family Law Attorney Alex Tyra can help you to pursue the resolution of your divorce case in a way that meets your needs. If you decide to try mediation for your divorce and it does not appear as though you and your soon to be former spouse will be able to reach an agreement, I have the skills and experience required to present a convincing case in court. If you have a question about mediation or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

If you are contemplating a divorce, you may be learning what seems like a new language. As you educate yourself about divorce and gather information that will help you in making a decision about whether to file for divorce, you will encounter new concepts and add terms to your working vocabulary that you just didn’t know much about before divorce was on your mind. One concept that is certainly worth becoming familiar with is the concept of mediation.

In mediation, attorneys help their clients to come up with a divorce agreement that works well for both parties. This runs contrary to what some people think divorce is all about. Some of the more highly publicized divorce cases are high conflict situations which end up being resolved through litigation. In reality, litigated divorces represent only a small portion of all divorce cases. Many divorces are settled through agreement, and the mediation process is a way through which this can be accomplished.

Mediation can address whichever issues are part of a couple’s divorce, including property division, parental responsibilities, parenting time, child support, spousal support, and anything else that must be resolved. Couples who resolve their divorces through mediation often report that they believe that they experienced less stress than they would have if they had resolved them through litigation. They also report a high level of satisfaction with the outcomes of their divorces. This may be because they were able to divide their assets in a way that worked for them, instead of having to abide by an order that was issued by a court that knew very little about them.

When a couple has children, there is an even greater incentive to use mediation to resolve their divorce. When divorce follows an adversarial path, one party’s gain is the other’s loss. Parents fight with each other to get more parenting time, sole parental responsibilities, or greater awards of child support, often losing sight of the best interest of the children along the way. Mediation offers parents an opportunity to structure their parenting schedules and divide parental responsibilities in a way that meets their family’s needs, instead of having a judge impose schedules and responsibilities for them.

Mediation is a great way to reduce the stress and conflict of your Texas divorce case while increasing the odds that both you and your soon to be former spouse will walk away from your marriage satisfied with the outcome. Texas Family Law Attorney Alex Tyra can help you to pursue the resolution of your divorce case in a way that meets your needs. If you decide to try mediation for your divorce and it does not appear as though you and your soon to be former spouse will be able to reach an agreement, I have the skills and experience required to present a convincing case in court. If you have a question about mediation or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

 

Texas Family Law Attorney Offers Tips for Divorcing Couples with Pets

Many couples in Texas and elsewhere share their lives with pets. In many households, pets are regarded as just as much a part of the family as the adults and children. When a couple who has one or more pets divorces, they may be surprised to learn that the law considers pets to be more like property than like members of the family. Fortunately, divorcing couples who have pets can choose how they would like to handle the issues associated with pet ownership as part of their divorce.

Some people meet their pet before they meet their spouse. In cases where one or both parties has one or more pets that they are bringing into a marriage, they may choose to address issues of pet ownership in prenuptial agreements. Of course, most couples do not have prenuptial agreements, so issues of pet ownership are often a part of the discussions that are associated with getting divorced.

If you have pets, it is important to understand that you and your soon to be former spouse can choose to address all of your pets’ needs as part of your divorce. Pets have needs, to be sure, and they also have feelings. Your divorce is something that they will experience on both a physical level and an emotional level. You already know that you will experience feelings associated with the change in the amount of time that you will be spending with your pet post-divorce. Your pet will also experience those feelings. When pets are given an opportunity to spend time with each of their “people”, they are much happier and much better able to adjust to the transition from one household into two.

Addressing the physical and emotional needs of pets and people in a divorce can be accomplished by creating a schedule of when the pet will spend time with each party, as well as an agreement regarding how food, veterinary care, and other expenses will be divided between the parties. If a divorcing couple has children, they will be making a schedule for parenting time, and it often makes sense to have the family pets travel between the parties’ homes right along with the kids.

Whether your Texas divorce is headed towards a mutually agreeable settlement or to the courtroom for litigation, it is important that you think carefully about what you would like to do about your pets. Taking the time to make a visitation schedule and divide the pet care responsibilities can go a long way towards ensuring that you and your pets enjoy a long and happy relationship both during and after your divorce. Texas Family Law Attorney Alex Tyra understands how important your pets are to you and will work hard on your behalf to ensure that your pets’ needs are addressed in your divorce. If you have a question about how to handle questions regarding pet ownership or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

 

Texas Family Law Attorney Explains QDROs

As you work your way through your Texas divorce, you may sometimes feel as though you are learning to speak in a different language. While this is not entirely true, it is easy to understand how many people may feel that way because the divorce process does have its own language of sorts. The language of divorce includes all of the general legal terms that are not often used outside of a legal context, legal words that are unique to the practice of divorce law and many other words from a diverse collection of topics including psychology and finance.

One of the words that you may hear during your Texas divorce is QDRO, which is often pronounced “qua-dro”, but is sometimes pronounced “q-dro” or “Q.D.R.O.”. Whichever way you say it, the term refers to a document called a Qualified Domestic Relations Order. The name of the document only goes so far in telling you want the document does, though. Because it is an Order, you can know that it is a document that is issued by the court. Since it is a Domestic Relations Order, that tells you that it is an Order related to a family law proceeding. Simply stated, a QDRO is an Order which is issued by the family court after a divorce proceeding for the purpose of dividing an employer-sponsored retirement account between spouses.

While the purpose of a QDRO is fairly simple, QDROs themselves can be complex. In order for a QDRO to fulfill its purpose, that is, to effectuate a division of all or part of an employee-sponsored retirement account between parties who have divorced, it must accomplish several things simultaneously. First, a QDRO must be appropriate for the type of retirement account that it seeks to divide. Retirement plans like 401ks and pensions have rules regarding QDROs, and if a QDRO is issued which does not comply with a plan’s rules, the plan administrator cannot make any distributions to any alternate payees, such as the non-employee former spouse. Also, a QDRO must comply with the divorce decree that has been issued by the court. For example, if the entire amount of money that was in one spouse’s 401k was determined by the court to be community property and the divorce decree specified that the 401k was to be split evenly between the divorced parties, the QDRO must also state that fifty percent of the 401k is to be attributed to the employee and fifty percent is to be attributed to their former spouse.

To make matters slightly more complicated, your QDRO may need to account for the fact that you or your spouse had been contributing to the retirement account before the marriage, in which case a portion of the account may not be community property. It is also possible that the division of the 401k may be something other than a fifty – fifty split because of the way that you and your soon to be former spouse choose to divide up all of your other assets. QDROS can address both of the above issues, as well as any others that are unique to your situation.

As with every other aspect of your divorce, the task of preparing your QDRO deserves the skill and attention of an experienced Texas Family Law Attorney. If you have a question about QDROs or any other aspect of your Texas divorce, please call Attorney Alex Tyra today, at (903) 753-7499.

 

Texas Family Law Attorney Shares Tips for Co-Parenting Success

Divorcing couples have the freedom to choose how they will care for their children as they part ways and move from one household into two. Many couples are foregoing sole custody by one parent and visitation by the other in favor of co-parenting, which divides parenting time more or less right down the middle. Parents who have chosen to co-parent their children acknowledge that it isn’t without its challenges, but that it is so very worth it.  If you decide to co-parent, the following things can be useful as you begin your co-parenting journey.

At the heart of every successful co-parenting relationship is a carefully planned parenting schedule. Work, school, and extracurricular activity schedules play a large role in what a parenting schedule looks like, but there is more to it than that. Including daily routines that provide structure and continuity for the children can help them to maintain a sense of security and predictability. Reviewing a parenting schedule carefully before agreeing to it is an absolute necessity, and keeping the temperaments of everyone in the family in mind as you review a proposed parenting agreement can help you to spot areas which could prove troublesome later on if they are not reworked prior to implementing the schedule.

Parents who share parenting responsibilities successfully work to keep the lines of communication open between them. Effective communication is a skill which can be learned and improved upon over time, but it is also one of those things where the very fact that you are making an effort often brings noticeable results. One way to set the stage for productive communication with your children’s other parent is to set up ground rules for communication ahead of time and then abide by them.

Another key ingredient for a successful co-parenting experience is avoiding the temptation to say negative things about the other parent. The damage that such negative messages can cause has been well documented. Children tend to perceive criticisms that they hear about people that they love as negative messages about themselves. While it may be difficult to avoid negative thoughts about your child’s other parent, there are ways to address those thoughts without letting them out where the kids could hear them.

Parents who choose co-parenting are often highly invested in helping their children adjust to the new look and feel of family life. When these parents invite children to share their feelings with them and the listen closely as their children talk about how they feel, children feel heard, understood, and able to count on their parents to be sensitive to their feelings.

Co-parenting is one way in which Texas couples can choose to divide up parenting time and responsibilities. Your Texas Family Law Attorney will help you to work with the other parent and his or her attorney to develop a parenting plan that works for everyone. To learn more about co-parenting or other topics related to divorce, call Attorney Alex Tyra today, at (903) 753-7499 or fill out a contact form on our website.

 

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

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 Family Law Attorney Explains Dividing Debts During Divorce

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

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.

 

 

 

Texas Family Law Attorney Explains What To Do If The Child Support Payments Stop Coming

When the court issued an interim or final child support order as part of your divorce, you may have felt a sense of relief. Prior to the issuance of that order, it is possible that you were receiving very little money, infrequent payments, or even no payments at all from your child(ren)’s other parent. For many people, a court order requiring them to pay child support does make them take the obligation seriously, and they make their payments as required by the order. Unfortunately, even something as serious as a court order does not ensure that all parents who have been ordered to pay child support will make their payments.

Post-judgment issues regarding child support are, unfortunately, fairly common. All across America, parents are struggling to make ends meet when they do not receive the child support payments that they are owed. Sometimes, parents are unable to get by with the financial resources that they have available, and they turn to public assistance in order to provide their children with food, health insurance, and other things that they need. In 2009, an estimate by the Federal Office of Child Support Enforcement indicated that American parents have failed to pay over one hundred million dollars of child support. Half of the money was owed directly to parents who should have been receiving payments, and the other half was owed to the government to pay for the public assistance which had to be given to parents who were not receiving child support that they were due.

If you are supposed to be receiving child support and you children’s other parent is not making the payments that they were ordered to make, you may wonder whether applying for public assistance is your only option. Some parents do find that they have no other option, even after making drastic changes to their family’s budget. Other parents find that they are able to get by after making some changes to their household finances. For example, some parents have found it useful to create their monthly budget using only income that they earn themselves, or with a new partner or spouse.

One thing that parents must understand regarding child support is that it is not connected to possession and access. If your children’s other parent fails to pay child support, you may be tempted to prevent them from seeing or talking to your kids. Don’t do it. The consequences for both you and your children are simply not worth it. Failing to abide by orders related to possession and access will get you into trouble with the court. Even more importantly, children have a natural desire to have strong relationships with both of their parents. Interfering with your children’s relationship with their other parent in this way, or in any other way, can complicate your relationship with them, as well as the way that they feel about themselves.

There are legal options available when parents fail to pay child support as ordered. A Texas Family Law Attorney can help you in this regard, as can the Office of Child Support Enforcement. Some of the legal avenues which are used to collect child support include placing liens on property, garnishing wages, suspending driver’s licenses and professional licenses, taking tax refunds, and even jail time. If you have questions about child support, or any other issues related to your divorce or family law case, 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.