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Sugar Land Divorce Law Blog

Domestic violence and resolving family law issues

While all families in Texas and elsewhere have their ups and downs, it is the downs that can uniquely impact the dynamics of a family. In some cases, the negative issues involved can cause a family to break, resulting in parents parting ways through divorce. However, in some cases, safety measures are necessary for those dealing with matters involving domestic violence.

When children are involved in matters of domestic violence, their best interests are in the forefront. However, this can be a confusing time. Emotions can run high and, depending on the situation, it may be necessary to take protective measures. This is where legal guidance can be beneficial. The attorneys at the Law Office of Michael D. Tracton, P.C., are knowledgeable and experienced in these matters. Thus, we are prepared to quickly assist our clients in the Sugar Land area with a strategy to resolve or better their situation.

How does domestic violence impact child custody?

Not all family problems are the same. Some may be minor, allowing parents to work through them. Others are hostile, causing parents to part ways through divorce. And in some cases, some are violent, resulting in a parent taking action to protect him or herself. When domestic violence is involved in a Texas divorce, it is possible to safely get through the divorce process. Even more so, a spouse may be able to take additional steps to ensure safety if children are involved.

How does domestic violence impact child custody? The courts treat domestic violence seriously, especially if children are involve din the matter. Based on current data, roughly 3 million children nationwide witness acts of domestic violence each year. These acts have become so widespread that courts are left to determine what is in the best interests of the child when it comes to custody.

Division of community property in a Texas divorce

Whether it is something one obtained during childhood or adulthood, the items one brings into a marriage may not leave the marriage in the event of a divorce. Determining what falls under the category of marital property is not always clear. This is especially true in cases where certain assets and property are treated as belonging to both. Such a situation could give rise to conflict, causing the property division process to be challenging.

It should be noted that Texas is a community property state. And, property will continue to accrue until the date of divorce. This means that even though a couple has filed for divorce, the community estate will not be divided until the divorce is official.

What happens in Texas when you fail to pay child support?

Wealthy or not, parents understand that raisin a child can cut into their savings and income. Although starting and expanding a family is not always carefully planned for financially, when parents split due to separation or divorce, the financial support of a child or children needs to be addressed. Obtaining a child support order is often necessary, and when a parent is required to pay child support, this obligation must continually be met.

What happens in Texas when one fails to pay child support? Failing to pay child support can have serious consequences. To begin, when a parent fails or refuses to pay child support, this can result in jail time up to two years and thousands of dollars in fines. One's licenses can also be revoked or suspended. This includes a driver's license, business license, license to carry and conceal a handgun and even hunting and fishing licenses.

Guiding you through a high asset divorce

Much like couples work hard to make a marriage work; spouses in Texas also work hard in life to accumulate wealth. While some individuals are more well off than others, when a wealthy couple decides to part ways, this decision will likely also impact this wealth they have worked hard for. Thus, it is important to be well informed of the impacts dissolution can have on a high asset-divorce.

While many marriages are built on trust, these spouses still take action to protect their assets. For those who acquired much of their wealth prior to marriage, a prenuptial agreement is frequently used to protect this wealth. In contrast, a postnuptial agreement is very valuable for those who acquired wealth during marriage. Whether or not one or both of these documents have been included in a marriage, it is important to carefully move through the details of a high asset divorce.

Going through a divorce with a child with special needs

A divorce case in Texas can get complicated if children are involved. Divorcing parents in Texas and elsewhere not only need to address the normal divorce issues, but also make decisions regarding the children involved. And, if that does not complicate the matter enough, when a child with special needs is involved, the matter can have several added challenges.

A child with special needs is typically a child that the public school system considers eligible for special education services. This often includes children diagnosed with autism, developmental delays, emotional disturbances, learning disabilities, physical and health impairments and hearing and visual impairments. With a child with special needs, there can be unique issues, further complicating family law issues involved in a divorce.

Issues with child custody enforcement in Texas

Co-parenting has its challenges, but when both parents want to remain in a vital role in a child's life, this means taking the time to establish a child custody order. When a custody order is in place, both parents are required to abide by it. Failure to do so could have repercussions. Take, for example, the current climate discussed in El Paso. Based on current reports, fathers across Texas are asserting that they are being denied their right to see their children.

Even in matters when a mother is refusing to let the father see the child, taking action to report violations has not proven to be effective. Based on reports, even when action is taken to report interference with child custody, filing a report is likely to not go anywhere. It was found that from 2016 to 2018, more than 4,000 reports were filed in El Paso. However, only 229 cases were presented to the district attorney. And, of those, only 11 were indictments. This amounts to only 5 percent of these cases being enforced.

What are the benefits of a domestic partnership?

Marriage is not for everyone. Even though a person decides to forego the ceremony, this does not mean that a person has decided to be alone. Relationships look different from one to the next, and for some couples in Texas and elsewhere, being in a cohabitating relationship is satisfying enough. In these matters, a domestic partnership can be established, allowing for some benefits to be experienced, much like marriage has benefits.

A domestic partnership is a civil union that can have the same benefits of a marriage despite not being a marriage. These are commonly formed between same-sex couples. However, any couple could enter into a domestic partnership.

Requesting alimony payments during dissolution

When it becomes too difficult to keep a marriage together, couples will often cite divorce as their best option. Messy or not, divorce can be a very trying time. It not only means parting ways with a spouse, but also property and assets. And, in cases in which one spouse makes a significant amount more than the other, it could also mean requesting alimony payments.

With over 4,000 divorce filings every day in the U.S., there are many hot topic issues when it comes to the dissolution process. Whether a marriage was short lived or lasts several decades, finances are often a divorce issue that must be sorted out. But, when it comes to achieving a fair settlement, alimony might be requested.

Helping you move through the property division process

While some spouses may be ready to part ways after a divorce and start their new single life, the process to get from married to single can be complex. This is especially certain if divorcing spouses in Texas and elsewhere cannot agree on the issues at hand. Divorce issues are unique to the couple divorcing. One issue that is often contentious is property division.

Splitting marital assets is not as easy as it sounds. Some things cannot be divided at all, and others may be more valuable to one spouse than the other. Thus, a fair property division agreement may not be equitable even though it is fair. At our law firm, we understand how the division of property can complicate a divorce case. We are dedicated to helping our clients fully understand the situation at hand.

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Law Office of Michael D. Tracton, P.C.

12920 Dairy Ashford Road
Suite 140
Sugar Land, TX 77478

Phone: 281-201-1481
Fax: 281-242-2325
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