${site.data.firmName}${SEMFirmNameAlt}
legal answers now.
512-472-4040

Austin Texas Family Law Blog

Trouble finding a way to discuss prenuptial agreements?

As you approach your marriage, you and your spouse should seriously consider using a prenuptial agreement. Despite their complicated reputation, prenuptial agreements offer crucial protections that may be much more difficult to create later on in the marriage. Of course, creating a prenuptial agreement means communicating very clearly and honestly with your future spouse, which many people find difficult.

Realistically, whether you and your partner get divorced in a year or remain married until one of you passes away of old age, a prenuptial agreement is incredibly useful. Some people object to these agreements, believing that they are merely the legal tools that selfish people use to make divorce easy, or they may believe that creating a prenuptial agreement means that a couple doesn't truly love each other. These are reasonable fears, but they don't account for the many other opportunities .

Protecting your marriage and your business from each other

Prenuptial agreements can prove invaluable in many ways, especially for business owners. When individuals with complex assets like a business decide it is time to marry, it is wise to take precautions to ensure that both the marriage and the business remain safe from each other, strengthening both in the long run.

If you are a business owner approaching marriage, you want to make sure that your future spouse enjoys protection from your debt. Specifically, you want to make sure that creditors cannot come after your spouse's property to satisfy your debts. With proper use of a prenuptial agreement, you can legally distinguish your property from your spouse's ensuring that he or she does not put their own property in danger by marrying you.

It is important to understand medical child support

Divorce has a way of clouding the minds of spouses as they work through the steps necessary to end their marriage and go their separate ways. Unfortunately, navigating the various demands of the divorce process requires spouses to address a whole host of important issues that may affect their lives for many years to come. When a divorcing couple are also parents, these matters suddenly carry much more weight. Not only must parents work through property division, they must also work out fair parenting and support agreements to ensure that their child enjoys the best life that they can provide.

One of the most important aspects of this is medical child support, which is entirely separate from standard child support. Medical child support obligations mean that a parent must pay for any of the child's medical expenses that are not covered under an insurance plan. In some instances, this may lead to one parent carrying the financial burden for medical treatments he or she does not even approve of.

Can I seek sole custody?

In general, courts prefer to split custody evenly between two parents. However, in many cases, this is either not possible or is in conflict with the wishes of one or both parents. If you or your child's other parent plan to seek sole custody, it is important to understand what that actually means, and what it does not.

Sole custody actually involves two separate components. A parent may either obtain sole legal custody, or sole physical custody or sometimes both. When a parent enjoys sole legal custody, this means that parent has the final say in any legal or practical disagreements about the upbringing of the child. For instance, this parent may choose what type of school the child attends, what the child eats, faith practices the child participates in or which medical procedures the child undergoes.

Preparing to seek nonparental custody

Child custody conflicts are usually between parents of a child, but not always. In some cases, a party other than a biological parent may seek custody of a child, and courts are usually willing to consider a compelling argument for nonparental custody if the circumstances justify it. If you know a child who you believe may have a safer, more beneficial upbringing with you, you need to determine the strongest grounds you have for requesting custody.

When considering custody of a child, courts begin with the assumption that both parents should parent equally and then work backward before awarding custody to any particular party. This means that if one parent can assume custody of the child appropriately, the courts are almost always going to place the child with a single biological parent over another relative or unrelated party. However, parents may forfeit custody in a number of ways.

Do I need a temporary child support order?

When a child is rather young, determining who should care for him or her and when is an important part of any divorce negotiation. One of the most commonly used tools in this instance is a temporary child custody order. Under a temporary child custody order, parents establish their respective duties and parental privileges, which is an important part of navigating divorce, especially for parents who are already relatively combative with each other.

Temporary child custody orders are very important in circumstances where the relationship between spouses is very tense. If you believe that your spouse is looking for any reason he or she can find to make you the villain in the divorce, a temporary child custody order should be at the top of your to-do list.

Do I need a temporary child support order?

When a child is rather young, determining who should care for him or her and when is an important part of any divorce negotiation. One of the most commonly used tools in this instance is a temporary child custody order. Under a temporary child custody order, parents establish their respective duties and parental privileges, which is an important part of navigating divorce, especially for parents who are already relatively combative with each other.

Temporary child custody orders are very important in circumstances where the relationship between spouses is very tense. If you believe that your spouse is looking for any reason he or she can find to make you the villain in the divorce, a temporary child custody order should be at the top of your to-do list.

Can I file for my divorce in another state?

Where you or your spouse choose to file for divorce may greatly impact the way that your divorce plays out for a number of reasons. Not only do different states or even counties within a state differ in the laws that govern divorce, the spouse that chooses to file often sets the tone for how the divorce process plays out. If you are considering filing for divorce, then an experienced attorney can help you examine how filing in one state over another may affect your particular divorce.

Texas is a state with laws that vary significantly from most other states, because it is one of only a few states that continue to use community property rules when going about property division in a divorce. In very simple terms, community property rules dictate that divorcing couples should divide any assets or debts that count marital property "equally" rather than "equitably." This means that couples have less flexibility when it comes to deciding how much of each asset or liability each party should take with him or her in the split.

Are you ready for a peaceful divorce in Texas?

If you experienced your own parent's divorce as a child, especially if that experience was particularly difficult or hurtful, you may worry that pursuing your own divorce will end in misery and years of heartbreak for you and possibly your children.

These fears, while grounded in reason, might keep you from pursuing the divorce you need, for fear that peaceful divorce is not possible. If you resonate with this dilemma, there is potential good news. Not all divorces are mean and ugly. Some spouses understand that calm, civil divorce is possible and within their control. They determine to work together to dissolve the marriage and move on to new chapters in life with little long-term damage.

Protect a business with a prenuptial agreement

As you approach marriage, there is often something intoxicating about joining your life together with another person and building a future together. This joy, however, may be short-lived, especially if you do not protect each spouse's most precious assets. The greater the assets held within the marriage, the more strain that often comes to the marriage, so it is always wise to consider a prenuptial agreement.

This is especially important for individuals who own a business or believe they may start a business while they are married. In Texas, a business may count as marital property in a divorce, which could mean that the entire business (or the portion owned by a divorcing spouse) may be up for grabs in property division.