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Sugar Land Divorce Law Blog

What is different about physical and legal custody?

When deciding to separate from your spouse, you both may have some questions. For divorcing couples who have children, there are a few different ways that child custody can be handled. As always, it is best to keep the best interests of the child in mind when making this decision. There are a few different types of child custody that divorcing couples should be aware of.

The most widely known type of child custody is called physical custody. This occurs when a parent has been granted the authority to have the child live with him or her. It is possible for both parents to have physical custody if the child spends significant time with both. Occasionally, a parent is granted sole physical custody which awards one parent with total physical custody.

Man denied Texas driver's license due to gay marriage certificate

Many residents of this state await the argument to be held shortly in the Fifth Circuit Court of Apppeals regarding same-sex marriage in Texas. Meanwhile, an interesting story has been released regarding an Iowan who recently moved to Texas. He claims he was discriminated against at a Texas DMV when he went in to apply for an updated driver's license. He was unable to acquire his license, and it wasn't because of his driving record.

According to reports, the man had recently moved to Texas from Iowa. He entered the Texas DMV with the documentation he believed he would need to obtain his new driver's license. He brought his birth certificate and marriage license from Iowa. Because Iowa recognizes same-sex marriage, his marriage certificate was one recognizing his same-sex union.

You need experience handling your high assetdivorce

You have spent years saving and preparing your financial nest-egg. Now you and your spouse decide you want a divorce, which often comes with an array of financial concerns. How will the finances be handled in the divorce, you wonder? Do not worry, the legal team at the Law Office of Michael D. Tracton has over 30 years of experience with high asset divorces.

The first item on your financial agenda is not to let your financial portfolio fall by the wayside. It is critical to understand the total accumulation of assets and any liabilities that can affect those assets. If you have a solid understanding of your assets, you are right on track for the next part of the process. This would be dividing the property in a correct and appropriate manner.

Tips for getting the most out of a high asset divorce

Some divorces are extraordinary in the complexity of the financial portfolio involved and the sheer value of assets a divorcing couple has accumulated over the years. To complicate it further, a stake in a business could be involved or assets that one spouse accumulated before the marriage. There are some special things that divorcing couples in Texas should consider when divvying marital property in a high net worth divorce.

The first thing to keep in mind is small financial errors during a high net worth divorce can cost one or both spouses dearly. It is crucial to have a correct valuation of all assets and liabilities for the couple. Life insurance is another area that often is overlooked. Life insurance can be an asset that many forget about, it does not fall under the same category as a car or home insurance, but it is an asset.

The 10/10 rule and dividing retirement pay in military divorce

As we have previously discussed, military divorce is in several important respects regulated by different rules than regular divorce. This is based on the type of benefits military members and their families receive because of military service. There are a couple of rules that have a big impact on military divorce settlements. One is the 10/10 rule and the other is legal regulations that govern jurisdiction.

The Uniformed Services Former Spouses' Protection Act serves two purposes. One, it maintains the longstanding principle that retirement funds are divisible during a divorce. On the other hand, the statute implements several procedural rules that guide how an ex-spouse can go about obtaining his or her share of benefits. One of the rules the USFSPA enacted is the 10/10 rule.

How would my military pension be handled in a divorce?

While couples in Texas can find divorce to be complicated and stressful, military families may have to struggle especially hard to navigate through a divorce. Many Texas families have one or both spouses either serving in or retired from the military. During a divorce, how are military pensions, salaries and benefits counted during this time of change? It is handled differently than non-military families and it can be a more complex divorce if one or more spouses are on active deployment.

Retirement pay is then counted as a property award and must be calculated as either a specific payment amount in dollars or as a percentage of a soldier's disposable retired pay. This percentage is determined subtracting all legal "deductions" from a soldier's gross pay.

Texas lawyers petition federal court in favor of gay marriage

This blog has previously discussed and examined the recent petitions by some in favor of gay marriage and divorce in Texas. Most recently, the case of a same-sex couple petitioning for a divorce was struck down by a U.S. District Court judge. There has now been a response from lawyers petitioning the federal court. This petition seeks the legality of same-sex marriage in Texas.

Essentially, lawyers argue that the decision of a Texas judge to put a stay on same-sex marriage is incorrect. This is due to the radical change in the "constitutional environment" since the stay was enacted. The radical change they are referring to is the federal government recognized same-sex marriage as a legal union. The stay was put on the issue prior to this federal development.

How to approach child custody for special needs children

As if divorcing your spouse is not confusing enough, you have a special needs child who is in the middle of the divorce proceedings. How child custody is negotiated is different for a special needs child than for children without special needs. This can affect the financial negotiations. At the Law Office of Michael D. Tracton, we have over thirty years of experience in child custody and would like to speak with you personally about your child custody proceedings.

As you already know, special needs children require special care and attention. This applies to child custody proceedings as well. How the court views and treats special needs children is different from the way they treat children without special needs. This can affect child support and other negotiable points between a divorcing couple.

Duties of a parent according to Texas Family Code

A father of a child may instinctively know to love and protect his child. But what about legal obligations? According to the Texas Family Code, a parent is obligated to do certain duties; these duties accompany their parental rights. These duties offer a certain guarantee to the child that the parent in obligated to meet certain criteria.

Of course, these duties are legally binding, but they will also most certainly benefit a parent's relationship with their child. For one, while fathers have a right to custody or at least regular visits with the child, along with that right goes at least the moral responsibility to build a relationship with that child and to take appropriate legal action should he feel that the custody and visiting arrangement should be changed..Support means contributing to his son's or daughter's as well as being sure that the child gets both proper medical care and a suitable education.

How do I manage my child's emotional well-being during a divorce?

While two consenting adults can agree that their marriage has come to an end, it can sometimes be difficult for the children involved in that marriage. While there may be some debate as to how to handle child custody between the divorcing parents, there will hopefully be some agreement on how to manage the emotional well being of children involved in a divorce.

According to the American Psychological Association, or APA, there is much parents can do to influence their child's well being and still maintain quality relationships during and after a divorce.