Law Office of Nancy H. Boler Experienced Family Law and Divorce Lawyer in Houston2024-03-11T21:33:58Zhttps://www.bolerlaw.com/feed/atom/WordPressOn Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480432024-03-07T22:34:56Z2024-03-11T21:33:58ZStrategies to deal with emotions
Seeking support from friends or family can help you navigate the emotional rollercoaster of divorce. Talking about your feelings, practicing self-care and engaging in activities that bring you joy can also aid in processing emotions and rebuilding your life post-divorce. It is important to give yourself time to grieve the end of your marriage and to acknowledge your feelings without judgment.
In addition, understand that you are not the only person facing these hardships. In fact, the Centers for Disease Control and Prevention says that in 2021, 1.4 out of 1,000 people in Texas got a divorce.
Meditation and relaxation
Practicing mindfulness, meditation or relaxation techniques can also help individuals stay present in the moment. This can reduce anxiety and cultivate a sense of inner peace amidst the emotional turmoil of divorce. Remember that healing takes time, and it is okay to seek help if you are struggling to cope with the emotional impact of divorce. Do not let feelings of guilt, anger or sadness interfere with your approach to the end of your marriage.
By taking care of your emotional well-being when dealing with child custody matters, you can navigate the challenges of divorce with resilience and strength.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480412024-02-21T15:20:19Z2024-02-26T15:20:11ZCommunity property principles
In Texas, divorce follows the principle of community property, which deems most assets acquired during the marriage jointly owned. Personal collections acquired during the marriage are generally treated as community property, irrespective of which spouse physically owns them. This includes items like artwork, antiques and hobby-related collections.
Separate property distinctions
While community property is the default in the state, there are exceptions. Personal collections acquired before the marriage or as a gift or inheritance during the marriage may be separate property. However, it is wise to maintain clear documentation and evidence to establish the separate nature of such collections.
Equitable division in practice
Even under community property principles, courts strive to achieve a fair and equitable division of assets during divorce. This does not necessarily mean a strict 50-50 split, but rather a fair division based on various factors, including each spouse's earning capacity, contributions to the marriage and needs.
Open communication
For a smooth division of personal collections in a divorce, it is helpful for the people involved to talk openly. Understanding the sentimental value and attachment to certain items helps make negotiations easier. The parties can agree on how to split the collections without going to court, giving them more control over the final decision.
Consideration for children's needs
In cases involving children, it is important to consider their needs and attachments when dividing personal collections. Strive to prioritize shared items that contribute to the children's well-being or sense of stability, recognizing the importance of maintaining a supportive environment during the divorce.
Despite living under a community property regime, losing all or part of your treasured collection during a divorce is not a foregone conclusion.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480422024-02-22T01:49:26Z2024-02-24T01:49:01Z1. Do your own research
If you have access to financial documents, review recent bank and credit card statements, tax returns and property records to look for suspicious activity. Also, look for unusual transfers of assets to friends or relatives. Document everything you find that looks questionable. Your own diligence can bring potentially hidden assets to light.
2. Hire a forensic accountant
A forensic accountant can find assets and money trails. They can dig deeper and access records you do not have access to. Hiring one may cost more upfront but allow you to recoup more in the long run.
3. Request sworn financial statements
Many states require full written financial disclosures from both spouses during a divorce. If your spouse initially refuses, you can formally request sworn financial statements that they must legally provide or face contempt charges. False representation on these can also bring perjury charges.
If you believe your soon-to-be ex is concealing money, property or other assets that you should divide in the settlement, take action to investigate and uncover the truth. This can help ensure the divorce settlement is fair and equitable. Look for more than just hidden bank accounts. Cryptocurrency, investments and even tangible high-value assets qualify in these cases.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480402024-02-07T19:33:38Z2024-02-12T19:32:37ZParenting time services
The Office of the Attorney General seeks to make the establishment and modification of visitation schedules more accessible for parents. It offers services to help parents resolve conflicts and reach agreements regarding visitation schedules.
Through early intervention services, mediation and enforcement offerings, the program enables parents to better work together to provide a healthy family relationship for their children. In situations where there is a need for supervised visits, the program also provides help with that. It offers neutral exchange assistance, too,
Educational resources
The program also offers educational resources to parents. These offerings emphasize the importance of consistent and positive involvement of parents in their children's lives. Parents can learn to better develop their co-parenting relationship and get information about parenting in general through the resources.
The Access & Visitation program operates on the belief that every child deserves the love, care and support of both parents. It receives funding through the Federal Parental Access and Visitation Grant Program and also offers the Texas Access and Visitation Hotline where parents can get assistance from parenting time specialists. All resources are free of charge to help parents who need it.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480382024-01-25T19:08:39Z2024-01-29T19:08:32ZKeeping the entire business
If one spouse wishes to retain the entire business, considerations involve negotiating a fair buyout amount for the other spouse's share.
Remaining partners
Some divorcing couples may choose to remain business partners post-divorce. This collaborative approach requires a strong commitment to communication and shared decision-making. You should define clear agreements on responsibilities, profit distribution and potential buyout terms in the future.
Selling your portion to a third party
Selling one's portion of the business can provide a clean break. This option involves determining a fair market value for the share and finding a buyer. You can divide the proceeds from the sale as part of the overall asset distribution in the divorce settlement.
Individually owned companies
Business may be separate property if established before the marriage, but aspects like increased value during the marriage could become subject to division.
During divorce, one spouse generally cannot unilaterally force the sale of a business owned by the other. The process involves negotiation and agreement between the spouses or a court order.
If the spouses cannot reach an agreement, the court may decide on the business's fate, considering factors like ownership, valuation, and the potential impact on both parties. While a spouse may express a desire for a business sale, forcing it typically requires legal proceedings and the court's determination based on the specific circumstances of the divorce case.
Navigating valuation challenges
Valuating a business accurately helps to ensure a fair distribution of assets, regardless of the post-divorce ownership option you choose. Seeking the expertise of business valuation professionals helps determine the business's true worth, considering factors like revenue, assets and market conditions.
Legal considerations
Businesses in divorce cases must align with Texas community property laws. Understanding how these laws impact asset division is essential for divorcing couples. Property acquired during the marriage is generally considered community property and subject to equitable distribution.
Financial planning
Divorce can bring financial uncertainties. Both parties should engage in thorough financial planning, considering post-divorce budgeting, income streams and potential tax implications.
Mediation
Couples facing business-related disputes during divorce may opt for mediation. This alternative dispute resolution method allows parties to work together with a neutral mediator to find mutually acceptable solutions, potentially avoiding contentious courtroom battles.
Understanding the potential scenarios and available options helps divorcing couples to plan for these challenging situations.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480372024-01-12T21:43:50Z2024-01-15T21:42:55Z1. Income discrepancy
A significant income gap between spouses is a key factor in determining alimony eligibility. If one spouse earns substantially less than the other, alimony may help maintain a reasonable standard of living for both parties post-divorce. This ensures that the lower-earning spouse is not left in financial distress.
2. Length of marriage
The duration of the marriage often plays an important role in alimony considerations. Longer marriages tend to result in a higher likelihood of alimony, as the financial interdependence between spouses intensifies over time. Courts may recognize the sacrifice of career opportunities or personal goals made for the sake of the marriage.
3. Contributions to the marriage
Non-financial contributions to the marriage are also acknowledged when determining alimony. This includes homemaking, childcare and support in the pursuit of the other spouse's career. Courts recognize the value of these contributions and may award alimony as a means of compensating the spouse who made such sacrifices.
4. Health considerations
Health issues can significantly impact one's ability to earn a living. If a spouse faces health challenges that limit their employability or earning potential, alimony may support their well-being. This ensures that health-related hurdles do not lead to financial hardship after a divorce.
5. Educational sacrifices
In some cases, one spouse may have sacrificed educational or career opportunities for the benefit of the family. If such sacrifices hinder their financial independence post-divorce, alimony may be necessary. This helps in providing the necessary resources for the individual to rebuild their life independently.
Alimony is not a one-size-fits-all solution but is rather tailored to address the specific circumstances of each divorce. Understanding the factors that may warrant alimony is important for navigating the complexities of spousal support.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480362024-01-02T23:54:57Z2024-01-02T23:54:57ZDecision-making
Parents have the right to make decisions concerning the upbringing and well-being of their children. This includes choices related to education, medical care and religious upbringing. Parents in Texas have the authority to determine what they believe is in the best interest of their children and to make decisions accordingly.
Custody
Texas law recognizes the right of parents to have physical custody of their children. In the context of divorce or separation, parents also have the right to parenting time. Both parents generally have the right to meaningful and regular contact with their children.
Information about the child
Parents have the right to access and obtain information about their child's medical, dental, educational and psychological records. They have legal protection to allow them to stay informed about their child's well-being and development to actively participate in their children's lives and make informed decisions.
In cases where parents are not raising a child together or where there are concerns about a parent's ability to raise a child, the court can step in and alter parental rights. The legal system always focuses on the best interests of the child. Parents can lose their rights if they put a child in danger or otherwise are not stable and responsible caregivers.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480352024-01-02T21:57:13Z2024-01-02T21:57:13ZOpen communication lines early on
Initiate a conversation with your co-parent well in advance of any planned modifications. This allows both parties to express their concerns and perspectives. Establish a respectful and open dialogue, focusing on the child's needs rather than personal differences. By addressing potential changes early, you create an atmosphere of collaboration, making the process smoother for everyone involved.
Be specific and clear about changes
When discussing the custody modification, provide detailed and clear information. Clearly outline the reasons for the proposed changes and how they align with the best interests of the child. Being specific helps your co-parent understand the rationale behind your request and fosters a sense of transparency.
Highlight the child's best interests
Emphasize the positive impact the proposed modification will have on the child's life. You might emphasize changes in school schedules, extracurricular activities or a shift in living arrangements. Focus on how these adjustments will contribute to the child's overall well-being. By centering the conversation around the child's best interests, you build a common ground for cooperation.
Offer flexibility and compromise
Approach the discussion with a willingness to compromise. It is important to find solutions that accommodate both parties' schedules and responsibilities. Propose alternatives and be open to adjustments that consider the needs and availability of both co-parents.
Maintain respectful communication
Respectful communication is invaluable during this sensitive process. Avoid blame or accusatory language, and focus on expressing your concerns calmly and objectively. Encourage your co-parent to share their thoughts and feelings as well.
Statistics indicate that around 50% of children will have divorced parents. With so many divorced couples having children to consider, it stands to reason that some of them will encounter situations that demand custody modifications. You can take heart in knowing that there is an established process for modifying your custody order, but the rest is up to you and your co-parent.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480342023-12-29T01:24:33Z2023-12-29T01:24:33ZRead carefully
The first thing to do is to carefully read and comprehend the contents of the papers. These documents outline the terms and conditions of the divorce. They cover the division of assets, child custody arrangements and other pertinent details. Take your time to understand the implications of each clause and seek clarification if needed.
Respond promptly
You must respond to the divorce papers within the specified timeframe. You have 20 days from the date you receive them to file your answer. Failure to respond may result in a default judgment, leaving you with limited input in the decision-making process.
Prepare sufficiently
After your response, the divorce enters the discovery phase. You and the other party will gather information about each other's financial situation, assets and liabilities. Prepare to provide accurate and detailed information during this phase.
Negotiations will also take place to reach agreements on key aspects. You should approach these discussions with an open mind and consider the best interests of everyone involved. Effective communication is key during this phase. You may have to compromise to reach a mutually satisfactory resolution.
Receiving divorce papers initiates a series of steps that lead to the dissolution of your marriage. Each phase requires careful attention and a proactive approach. By navigating this process thoughtfully and with healthy support, you can pave the way for a smoother transition into the next chapter of your life.]]>On Behalf of Law Office of Nancy H. Bolerhttps://www.bolerlaw.com/?p=480322023-12-18T22:30:56Z2023-12-18T22:30:56ZUnderstanding spousal support
Spousal support, also known as alimony, is a legal arrangement where one spouse provides financial assistance to the other spouse after a divorce. It is often put in place to ensure that both parties can maintain a similar standard of living they had during the marriage. However, life is unpredictable, and situations can change, making the original spousal support order unfair or impractical.
There are several reasons why a spousal support order may need modification. For example, if the paying spouse loses their job or faces a significant reduction in income, they may struggle to meet the original support obligations. On the other hand, if the receiving spouse experiences an increase in income or remarries, they may no longer require the same level of financial assistance. Additionally, changes in health, retirement or other unforeseen circumstances can also warrant a modification. The Texas Statutes states that modification only applies to alimony payments after the filing of a motion, and modification cannot extend alimony beyond the original order.
Modifying a spousal support order
Those who want to modify an alimony order should start by collecting all the necessary documents, such as proof of income changes or medical reports, to support their request for modification. Before going to court, they should consider discussing the proposed changes with their ex-spouse. If both parties agree on the modifications, it can simplify the process and save time and money. The court will consider all factors and make a decision accordingly.
Modifying a spousal support order is a complex process, but it is possible if there are valid reasons for change. By understanding the reasons for modification and following the necessary steps, people can seek fair adjustments that reflect their current circumstances and promote a better future for both parties involved.]]>