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Dallas Family Law Blog

Unique concerns for fathers during divorce and custody disputes

Divorce and custody disputes can be complex and overwhelming, especially for Texas fathers. Despite the fact that courts largely recognize the importance of allowing both parents to have equitable access to their children, dads often feel they get the proverbial short end of the stick. 

It is smart to learn more about your rights as a dad and what you can do to pursue a fair custody and support order. 

Which is better for you: a postnup or a prenup?

Getting married is a serious step to take for couples in Texas and elsewhere. Even if a couple decides to forego a huge wedding and get eloped, the marriage process is what brings a couple together in many ways. One of these ways is financially. Unless steps are taken to keep assets and property separate, marriage is what unifies the finances of each spouse. While this may not seem like major deal, as a couple seeks to grow as a unit, it can be problematic in the future if the marriage does not work and divorce is filed for.

One ways couples address this concern is by including a prenuptial agreement in their union. This legal document is entered into prior to getting married. It details how certain assets and property will be treated and how everything will be divided in the event of a divorce. Because it can be a difficult conversation to have, some couples forego a prenup; however, these couples later on regret it.

Helping you secure a workable custody arrangement

No family is perfect, and the structure of a family can differ greatly from one family to the next. In Texas and all over the nation, families may function better when parents are no longer together. It is a difficult reality to face and to accept, but for some married parents, divorce is the best option. Even though they are able to come to terms and go their separate ways, it is challenging to reach agreeable terms when it comes to their children.

Child custody is an extremely contentious divorce issue. This can make it a lengthy battle and the one issue most likely to create dissent between divorcing spouses. At Katie L. Lewis, P.C., Family Law, out skilled legal team understand the ins and outs of the divorce process, guiding clients in the Dallas area to a workable resolution.

How can a forensic accountant help during dissolution?

A start of a relationship might be exciting, but a lot goes on when two people come together to form a relationship. And when two spouses decide to part ways, much thought and consideration must take place to sort through the necessary issues. Ending a marriage is by no means easy, and many things can often muddy the water. Take for example personal businesses. In an era where more and more people start their own businesses, it is important that they are addressed properly so a business is not negatively impacted by a divorce.

Whether you are a sole proprietor or own a business with your soon-to-be ex-spouse, the first step is to assess the worth of the company. In most cases, this business is you biggest asset, so it must be valued properly. In order to do this, financial experts, such as a forensic accountant, may be necessary. This not only helps with the valuation of the business but the assets and property involved as a whole.

Financial missteps that could derail your post-divorce future

As you go through the divorce process, you will make decisions that could impact your financial future. Allowing your emotions to drive your decision-making could lead to decisions and choices that are not in your best interests. 

It can be difficult to understand how unwise financial decisions can have long-reaching effects. Because of the sensitive nature of divorce, it can be helpful to have professional guidance as you complete the process. 

Myths about prenuptial agreements

Getting married is a big deal to some couples. It can be a lifelong goal, and when the big day finally comes, all their dreams can come true. One thing that is not part of their dream is divorce. While it may not be a desired life event, the reality is that it can happen. Because of this, many married couples take steps to help protect him or herself in case their marriage does not last.

There are many myths when it comes to including a prenuptial agreement in a marriage. And in many cases, these myths prevent individuals from taking the time to fully understand this document and how it could help them. Because of this, it is important to bust these myths and become fully informed.

What is mistaken paternity?

There are many reasons why mothers and fathers take steps to prove a man is the father of a child. A mother may be seeking child support and needs to establish paternity so the state can take action to secure these funds. A father may seek paternity as a measure to obtain a relationship with a child. In contrast, there are also reasons to contest or challenge paternity. A man may want to avoid such financial obligations by proving that he is not the father. A mother may also challenge it when she believes that someone else is the actual father.

What is mistaken paternity? This occurs when someone asserts that they are not the father of a child as a means to terminate the parent-child relationship and the obligation to pay child support. In order to establish whether there has been a mistaken paternity, a genetic test will be necessary. Tests must be completed by an accredited lab.

Does more money mean more marital problems?

There are many reasons why marriages end in divorce, and finances play a significant role in this decision for many Texas couples. However, there may be specific reasons related to wealth and finances that may make a couple more likely to end their relationship. Studies indicate that wealthy couples could face a higher chance of getting divorced than others.

If you are preparing to divorce or wonder if this could be a possibility for you in the future, it may be helpful to understand the correlation between divorce and money. Finances are one of the most common reasons for trouble in a marriage, and wealthy couples could face more money-related strain than others. 

Establishing or contesting paternity through tests

In Texas and other states, unmarried parents can face additional hurdles to overcome when they are no longer together. In some cases, a mother or a father will take steps to establish paternity. Whether a mother is asserting that a man is the father when he is contesting it or a father is seeking to establish paternity following a breakup, it is important to understand the process one may go through to establish paternity.

In a contested paternity action, a genetic test may be requested. This test is known as a DNA test and could be used to determine if a man is the father when compared to other men that could also be the father. A paternity blood test of a paternity DNA test could help prove a man is or is not the father.

Assistance in planning prenuptial agreements

To many, planning and preparing for a wedding is a joyful and exciting time. For others, it is a stressful time where too many people put pressure on them to make a single day perfect. No matter where a person falls on the spectrum, it is important to consider your legal rights going into a marriage. A marriage is a legal contract, and spouses to-be should consider what it really means to enter into a marriage. One may want to protect certain assets or property, making it vital that a prenuptial agreement be considered.

There is nothing more unromantic than discussing a prenuptial agreement leading up to the wedding day; however, it can be extremely helpful. No marriage requires a prenup; however, more and more couples in Texas and elsewhere decide it is in their best interests to include such a document.