Michael D. Tracton Law Office PC

281-201-1481

Call For a Free Initial Consultation
Menu

Sugar Land Divorce Law Blog

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.

Southern oil tycoon awarded majority of business in divorce

Recently, we discussed a high-profile couple in the middle of divorce proceedings for what by any account would be a high asset divorce. This was not just any high-profile couple. Harold Hamm, the owner of a multi-million dollar oil company, Continental Resources, was battling for himself and his company in a bitter divorce from his wife of 26 years. The financial portion of these proceedings have now been decided, and Hamm is likely pleased with the outcome of the high net worth divorce.

As we previously discussed, Hamm did not sign a pre-nuptial agreement before marriage and accumulated his wealth during the span of his marriage. His wife also worked at Continental Resources. The judge ordered that Hamm pay $972 million of a $16.1 billion oil industry fortune to his wife. This allowed him to keep the bulk of his 68 percent stake in Continental Resources.

An overview of several types of child custody

Going through the process of a divorce is clearly a very stressful experience. With all of the details that need to be attended to in addition to the emotional issues involved, it can be a difficult situation to handle. This stress can be compounded when children are involved. While child custody is a complex process, there are some general elements that one can keep in mind to more clearly understand it.

Child custody can be grouped into several different categories. There is physical and legal custody to take into account. Usually, physical custody is awarded to one parent whom the child will live with the majority of the time. However, legal custody is often shared between the two parents. This means that certain elements of the child's life can have input from both parents involved.

The federal Uniformed Child Custody Act in Texas

Usually, family law is handled and regulated at the state level. Occasionally, legislation comes down from above. "Above" means legislation mandated by the federal government. One act in particular has been adopted by most states. It is the Uniform Child Custody Act or UCCA, and Texas has adopted the legislation.

Research has shown some of the emotional and mental affects that divorce can have on children. It is now believed that there are ways to minimize the stress for children involved in a divorce. The UCCA seeks to lessen or eliminate conflicts involving child custody. The UCCA allows each state to identify and enforce child custody orders made in another state. This practice eases some of the custody arguments resulting from inter-state child custody conflicts.

Why to draft a prenuptial agreement with a lawyer

Before getting hitched to your one true love, it's important to remember that marriage means sharing. Everything. This includes your finances. What if it's important to keep a separation between love and money? For some couples, this is an ideal arrangement.

At the very least, discussing a pre-nuptial agreement will get you and your future spouse talking about individual and shared finances. It can help you outline who is financially responsible for what -- and what a budget looks like with two incomes compiled together instead of one income. There are twice the expenses, but often twice the salary. Post-nuptial agreements can help married couples agree to certain financial issues in a legally binding financial arrangement. This is a great option for a spouse who came into a large inheritance after marriage, for example.

Could a more expensive wedding mean a more likely divorce?

As divorce rates continue to climb, many have been studying what could possibly cause the once happy marriages to dissolve. A recent study polled thousands of Americans married in 2008 or later. What the researchers discovered could be particularly worrisome for couples who spent a large amount of money on their wedding and marriage expenses. The study showed that marriage duration is inversely associated with spending on the engagement ring and wedding.

This is also true of couples who reside in Texas. The study showed that if you spent between 10 and 20 thousand dollars on your wedding expenses, you were 29% more likely to get divorced than if you spent between five and 10 thousand. Even more frightening, if a couple spent more than $20,000 on wedding expenses they are 46% more likely to get a divorce than the more frugal group. This data shows a strong relationship between wedding spending and divorce.

Why petition for parental relocation in Texas?

Although a divorce and child custody dispute may be settled, there can be future issues that come up due to the previous arrangement. Following a divorce and child custody agreement, a court order might require the parents to live in a certain geographic area. If a parent wants to move to a new area, that parent may need to go back to court to petition for parental relocation. This situation can arise where the parents have a joint managing conservatorship.

Texas family courts typically assign one parent to be the custodial parent in joint managing conservatorships of minor children. This arrangement has the child living in both residences and gives each parent equal power to make decisions in the child's life. There is usually one stipulation that accompanies this type of arrangement. Typically, the parents agree that each other's homes must remain in a certain geographic area. This could cause conflict if one parent needs to re-locate outside of the agreed upon geographic area.

Iggy Azalea sued in Texas divorce court; never been married

Pop star Iggy Azalea has recently been served divorce papers in Texas -- yet she claims she has never been married. There is an interesting piece of Texas law that could require that Azalea divide her assets in what would be a high asset divorce.

According to reports, Azalea has been served papers from an old boyfriend who claims that he wishes to dissolve their common-law marriage. According to the old flame, the two lived together from September 2008 until last year. He also claims that they "agreed to be married, holding themselves out as man and wife."

The common legal reasons for a Texas divorce

Anyone going through a divorce is going to have many questions about the process. If there are children involved there are usually triple the amount of questions a couple with no children has. If you are contemplating divorce there are seven reasons that will function as legal reasoning behind your divorce. Most of these reasons would affect the parents and any children involved in the marriage.

Of the seven reasons, or grounds, for a divorce only one assigns no blame to either spouse. This is the first reason called insupportability. This reason claims that due to disagreements or differences the marriage cannot be upheld. This is the grounds for divorce for most couples.

Divorce: finances and asset division at a glance in Texas

So you and your spouse have finally agreed on one thing: a divorce. Now that you have agreed to have as amicable a divorce as possible, it is important that you understand some basics about your combined finances that are about to be separated. In order to pay as few taxes and fees as possible on any capital gains or financial accounts the two may have, it is important to investigate your finances. In order to protect your assets, certain financial decisions can be agreed on in order to maximize the return on investments.

Since both you and your spouse agree, first look to your cash flow as individuals. One may have more incoming cash flow, so the other may need to sell assets in order to match assets of the other spouse. Think of the opportune time to sell these type of assets since you could be taxed after the fact if you do it after the divorce instead of while you are still married. This way you can avoid paying additional fees on the sale of asset accounts.