Traditional divorce, as most people know it, is inherently adversarial in nature. In a typical "war-of-the-roses" scenario, spouses each hire an attorney and then they battle it out until some sort of agreement is reached. This type of divorce can go on for many months or even years. Consultants of all kinds may be called in by both sides for “expert” opinions, reviews, depositions and … [Read more...]
Inside a non-litigation divorce process
In the past, divorce processes have been primarily adversarial in nature. In a typical divorce scenario, spouses each hire an attorney, and then a variety of expert consultants who advise them on finances and custody plans. This type of divorce can go on for many months or even years, driving up fees and increasing a couple's stress levels, anxiety and animosity. Children can get caught in the … [Read more...]
Ten facts about divorce that may surprise you
Myths about divorce abound. For one thing, divorce laws vary from state to state. So, quite often, people are confused due to what they have heard about celebrity divorces, or a friend or family member's divorce in another state. To help bridge this knowledge gap, I have compiled a list of ten facts about divorce that may surprise you. You may be responsible for debts incurred by your spouse … [Read more...]
Divorce and Company Bonuses
An often overlooked community property asset to be equitably divided in a Texas divorce settlement is any company or employer bonus given to one or both of the spouses involved in a divorce. Sometimes attorneys fail to address the community nature of bonuses. Or, they forget to ask if either spouse typically receives, or is expected to receive, an annual or other type of bonus as part of his or … [Read more...]
How to prepare for divorce mediation
The use of mediation as an alternative to the courtroom has become increasingly popular, especially in the divorce process. It’s affordable, confidential and achieves results. In last month's blog post, I wrote about the many faces of divorce mediation for Houston area couples. Mediation, in one form or another, is now an integral part of most divorces in Texas and many other states. Some … [Read more...]
The many faces of divorce mediation in Houston
Few couples seeking divorce in the greater Houston area realize that their divorces will most likely never get to the courtroom. Instead, most will participate in one or more formal or informal mediation sessions during their divorce process. This is primarily due to the fact that Houston family courts are backed up with cases and now require divorcing couples to try mediation in order to settle … [Read more...]
The devil is in the details of the new tax law for divorcing couples
Let me just say, it pays to know how the new tax law may impact your divorce this year! Much of the new law, (the "Tax Cuts and Jobs Act"), which both houses of Congress passed on Dec. 20, 2017, goes into effect in 2019. Yet, based on how these laws could impact your divorce in 2019, you may benefit from getting your divorce completed in 2018. There are also some changes that take effect this … [Read more...]
Four ways to get divorced in Texas, part 4 — traditional litigation
As I understand it, less than five percent of divorces in Harris County, Texas, actually go to court where a judge makes the final decision. This is likely because in most family law courts in Texas, there is a rule that couples must attend mediation before a trial can be set to decide the case. Many couples soon realize as they go through the divorce process and mediation, that going to court … [Read more...]
Four Ways to Get Divorced, Part 2 — Early Intervention or Cooperative Divorce Mediation
Traditional divorce and child custody processes are predominately adversarial in nature. In a typical "war-of-the-roses" divorce scenario, spouses each hire an attorney, and then a variety of expert consultants enter the fray on both sides to produce "dueling" business evaluations, financial analyses and/or custody evaluations. This type of divorce can go on for many months or even years, … [Read more...]
Divorce Without Dispute
A cooperative method for resolving divorce and child custody The traditional practice and procedures of divorce and child custody are adversarial by nature and run counter to the more productive cooperative method. Under the traditional practice, the spouses each hire an attorney to argue their respective viewpoints on any disputed issue regarding the division of property or the custody of … [Read more...]