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Houston TX Family Law Blog

Is a premarital agreement, or prenup, right for you?

February brings with it the yearly recognition of Valentine's Day. Sources estimate that roughly four million Americans agreed to marry on the national holiday of love. Countless more held wedding ceremonies to mark the day. The idea of proposing or marrying on Valentine's Day is a time-honored concept.

North Houston family law lawyers know that many marriages are successful. Some financial industry experts insist that a large number of marriages that later fall apart do so for economic and financial reasons. Some advocates feel that premarital agreements, popularly referred to as "prenups," can actually help spouses resolve future differences, and hold the marriage together.

Yankees GM and wife to divorce after stalking scandal

Sources say that Brian Cashman, the General Manager of the New York Yankees has been separated from his wife for roughly one year. Last week, prosecutors filed stalking charges against a woman who authorities say tried to shake down the baseball official. Police say the woman had bragged to friends about dating the general manager and later bombarded the man with text messages demanding the man pay her $15,000. Sources indicate that the woman

While prosecutors were preparing to charge the woman on allegations of stalking and extortion, Cashman's wife served him with divorce papers. The papers were filed in court last Thursday; one day after police arrested the woman who reportedly had claimed that she was having an affair with the general manager.

Moving on from Texas divorce

Family law issues are not easy to deal with, including divorce. Many Texas couples go through divorce and feel that it is difficult to move on. Especially in situations where a couple continues to share custody of a child, moving on can be extremely challenging. As difficult as it is, many people go through it every day.

A person can help himself or herself move forward by taking several steps. Removing old pictures of an ex after a divorce may prove to be cleansing. It can be like a fresh start. Pictures can sometimes just be reminders of unpleasant times. It may take a lot of work to get past angry feelings towards an ex-spouse, and sometimes all it takes is one photograph to bring the emotions rushing back.

Complex divorces can stay amicable

Couples who have been married for several years have likely spent many years sharing everything. In the event of a divorce, untangling the responsibilities and dividing assets between former spouses can be confusing and stressful. In a complex Texas divorce, a couple may need to characterize assets, accurately value both home and business properties, determine spousal payments, and determine a schedule for any children a couple may have.

In many divorces, especially those that involve high-profile people, media and press may be interested in the story. Details from the divorce can come out and any privacy one might hope for may be compromised. A couple can either react negatively to this or deal with the publicity in a positive way.

Video-chatting mother is interfering with father's custody

It is not uncommon for a divorced couple to split custody of their children. In situations where the parents are not married, a father can take a paternity test to confirm biological status. Once this has been determined, a custody case can proceed. In Texas, parents will typically share joint managing conservatorship - also referred to as joint custody - of a child.

Under this structure, parents share or divide a list of responsibilities that relate to the child. These responsibilities include: the right to designate primary residence, the right to receive child support, the right to make educational decisions, and the right to make medical and treatment decisions in regards to the child.

Putting the kids in the middle

Texas courts often grant joint conservatorship - usually referred to as "custody" - of children in divorce cases. Often, one parent has sole managing conservatorship and the other has visitation rights. The parent with visitation pays child support to the parent with primary custody.

In a case that recently hit the news, R&B singer Usher and his ex, Tameka Raymond, have been involved in a bitter fight over child custody. The couple currently shares custody, but neither is satisfied with the situation. She claims that he is taking the children out of state without her permission and that he has jeopardized her financial well-being. He has disputed these claims.

Child custody issues tend to erupt during the holidays

For some parents and children, the holidays are an especially stressful time. This is particularly true when child custody issues result in the kids spending much of their holiday time in the car being shuttled back and forth -- or when one parent is left alone for the holidays. Custody difficulties do tend to arise more often during the holiday season, most likely because of the increased emotions of the season and the tension that can arise around the practical complexities of complying with child custody orders. Sometimes, unfortunately, holiday difficulties end in the violation of a child custody order.

For one Texas father, his only holiday wish was to see his nine-year-old son. He and the boy's mother share joint custody of their son, although the boy has been primarily living with his father during the past three years. The boy's mother lost custody of a younger child from another relationship due to neglect. The man is now that child's legal guardian, even though he is not a blood relative.

Huge settlement reached in Mel Gibson divorce

Marriages that have lasted for several years can be difficult to resolve in the event of a divorce. After so many years together, a married couple likely has children, more community property in Texas and other assets that may have taken many years to develop. In family law, the dissolution of a lengthy marriage can involve a number of details.

If a couple has minor children, their interests must be protected. In addition to determining child custody - either sole managing conservatorship or joint managing conservatorship - child support payments must be determined. In many cases, child support can be calculated easily. However, there are times when complexities arise when a parent attempts to manipulate his or her income, if earnings fluctuate or if a child has special needs.

Texas may adopt child support forgiveness program

According to studies, there is more than $100 billion in unpaid child support throughout the country. Custodial parents who are supposed to receive these payments are struggling to provide for their children, and states like Texas are considering a debt forgiveness plan that aims to help them out.

While it is preferable that a non-custodial parent would make child support payments on time and in full, the reality is that there is a large population of people who have neglected this responsibility. The proposed forgiveness plan would target those who are at least $2,000 behind in their payments.

Texas couples do not need to delay divorce

Many Texas couples may be considering a divorce. While the decision to divorce is already quite difficult and emotional, some say that the current state of economy is adding to that stress and couples are putting it off. According to a recent survey, 38 percent of couples have postponed plans to divorce this year due to the recession.

More financial challenges may be present for couples these days. Some may have upside-down mortgages or at least one of the partners may be unemployed. Whatever the situation is, the goal of an amicable divorce is to protect assets and secure a positive future. With a few small adjustments, a couple does not need to postpone a divorce in order to achieve these goals.

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