For couples undergoing divorce in Texas, there are many legal and personal issues that must be addressed even before filing. Taxes, as it does with most everything else, plays a role.
Despite the media hype, not every Texas family can enter into a joint custody agreement that equally splits time with the children. Not every divorced couple can sit down together for Thanksgiving dinner or go on vacation together. More importantly, you don't have to have that arrangement to love and support your children. In fact, you probably intend to love your children, pay your child support on time and make yourself as available to your children as you can after the divorce.
Wives in Texas have long-adopted their spouse's last name after marriage. More recently, both spouses have adopted hyphenated names and some husbands have even taken on their wives' names. Reverting to a pre-marriage last name after divorce, however, has many complications that should be considered.
After getting married, it may be depressing to enter a contract addressing what happens if the couple ever divorces. Like prenuptial agreements, however, these post-nuptial agreements can help a couple in Texas if they ever end their marriage. In some cases, these agreements may also strengthen their marriage.
Spouses ending their marriage in Texas must make many decisions on property division. However, a spouse may keep a remnant of their marriage even after the divorce is complete in the form of their ex-spouse's debt if certain precautions are not taken.
In the past, courts held a bias in child custody decisions for the mother. However, Texas and other states provide equal fathers' rights for custody.
A rare but notable issue regarding fathers' rights is adoption challenges and notification of birth fathers when the child's mother is relinquishing the child. Dallas residents may be interested to hear that a bill introduced in the U.S. House of Representatives would connect the 34-state voluntary responsible fatherhood registries with the Federal Parental Locator Service.
Like most life-altering events in Texas, getting a divorce has tax consequences. Tax planning should play an important part in preparing for the divorce and negotiating property division, spousal support and other legal matters.
Divorce is a complicated process, but there are things that you may be able to do to make it a bit simpler for both parties and your children. For some couples, this is possible through mediation, which may allow you to avoid litigation and craft a final order that allows you to have a strong post-divorce future.
Almost by definition, the end of a marriage may be difficult under the best of circumstances. Some Texas residents may even find that the complexity of their divorce multiplies when they are dealing with a high-conflict spouse. However, there are ways to lower the aggression in a divorce and protect one's rights in Texas.
As business owner going through divorce, you certainly want to do what you can to protect your business. When company assets are at stake, you may feel a particular anxiety toward your proceedings as these assets could add a layer of complications that other individuals may not have to deal with during their proceedings. One particular issue that will need attention relates to business valuation.
In Texas and elsewhere, prenuptial agreements are usually drafted with the intent of avoiding disputes over divorce legal issues such as alimony and property division. More recently, these agreements have addressed more unique issues and even lifestyle behavior during marriage.
Prenuptial agreements have a bad reputation. If a future spouse asks his or her partner to sign one, feelings of mistrust may arise. Words like "gold digger" and phrases like "don't you trust me?" have become natural reactions to these kinds of contracts. People feel uncomfortable signing or even discussing the possibility of creating a prenuptial agreement because of its negative connotations.