Category: Divorce Attorneys

Navigating the landscape of modern divorces can feel akin to traversing a maze with shifting walls. With ever-evolving financial instruments, international relations, and unique familial circumstances, divorces have become more intricate than ever before. As such, the role of divorce attorneys, backed by reputed divorce law firms, has become undeniably crucial.

Understanding the Complexities of Modern Divorces

Modern separations aren't simply about signing papers and parting ways:

• Financial Complications - Gone are the days when joint assets only meant a shared bank account. Today, divorce lawyers deal with international investments, digital assets like cryptocurrencies, and even shared intellectual property.
• Child Custody and International Disputes - The world has become more connected, leading to relationships across borders. When these relationships end, child custody can become an international affair, necessitating specialized expertise from divorce law firms with a global reach.
• Business Ownership and Divisions - A shared business can be both an asset and a liability. Determining its value, forecasting its growth, and deciding how to divide it or its revenues requires a blend of legal and financial acumen.
• Tax Implications - Every asset division carries potential tax implications. Unforeseen tax burdens can arise if not properly addressed, which is why forward-thinking divorce attorneys always keep the taxman in consideration.

The Indispensable Role of Trusted Legal Advisors

A reputable divorce attorney isn't just a legal representative but a guide, strategist, and often a shoulder to lean on:

• Guiding through the Process - Experienced attorneys, backed by resourceful divorce law firms, simplify the labyrinthine legal processes, ensuring their clients never feel overwhelmed or in the dark.
• Confidentiality and Trust - Reputable attorneys prioritize client confidentiality. They create a space where clients can discuss concerns without fear, building a relationship founded on trust.
• Expert Witnesses and Collaborations - Some cases require an expert's opinion – whether financial, psychological, or even medical. Premier divorce lawyers often collaborate with experts to solidify their client's position.

Optimizing Your Collaboration with Legal Advisors

Your relationship with your attorney plays a pivotal role in the outcome:

• Open Communication - A divorce law firm can best represent you when they have a clear understanding of your situation. This requires transparency and honesty from both sides.
• Organizing and Documenting - Make your attorney's job easier (and improve your case) by meticulously organizing all relevant documentation. This can range from financial records to personal communications that may be pertinent to the case.
• Stay Updated - While your attorney will manage the bulk of the work, staying updated and informed about your case's progress can provide peace of mind and clarity.

Emotions, Finances, and Legal Advisors

Divorce is a tumultuous journey, both emotionally and financially:

• Support Through Emotional Upheavals - Good divorce attorneys recognize the emotional strain their clients undergo. They often provide not just legal but emotional support, sometimes recommending professional counseling.
• Financial Mastery - Divorce lawyers delve deep into shared assets and liabilities, ensuring an equitable division. They help clients understand potential future implications of asset divisions, ensuring no surprises down the line.

Children: The Heart of Many Divorces

Children's well-being is paramount:

• Best Interest of the Child - This isn't just a phrase, but a guiding principle. Experienced attorneys ensure the child’s welfare remains at the forefront of custody battles.
• Crafting Feasible Arrangements -  Whether it's joint custody or visitation rights, legal experts help craft arrangements that are both fair and practical.

To wrap up, in the intricate tapestry of modern divorces, the expertise of seasoned divorce attorneys from established divorce law firms becomes an anchor of stability and clarity. Ensure you have a trusted legal advisor by your side as you navigate this challenging phase of life.

When spouses decide to divorce, it is not always possible for one of them to simply move out at a moment’s notice, especially when there are children involved.

In these instances, divorce lawyers often see spouses experiencing stress, since starting the divorce process alone can turn an already uncomfortable situation into a more stressful one.

To get through it all, spouses should consider these practical tips from divorce lawyers who help many clients in this same situation.

Until the divorce is finalized through a divorce law firm, spouses must do their best to exercise restraint and compromise and to maintain their composure.

• Avoid Fighting In Front of the Kids - Make a pact to avoid fighting and especially not in front of the kids, if possible. Being forced to stay in the same household until the divorce is final will be challenging enough, so divorce law firms stress the importance of trying to keep conversations civil in front of the kids and continuing to parent them as always to prevent passing stress on to them. 
• Set Boundaries - Define personal wants and needs during this period of time clearly and work together to ensure both spouses get that. Compromise and communication are key when being forced to share the same living space during this time. If necessary, those boundaries can even include avoiding speaking to each other about the divorce, leaving that for discussion at the divorce law firm, speaking only about benign issues and instead caring for the kids. 
• Identify Private Spaces and Times - Be fair about making sure each spouse has privacy, whether that is in the form of separate bedrooms or having time alone in other quiet spaces in the house. Divorce attorneys advise creating a schedule when each spouse can use common spaces on their own if it makes co-habitation easier. 
• Respect Each Other - As uncomfortable and challenging as the living situation might be, divorce attorneys stress the importance of having respect for each other while the divorce is ongoing. Understand that both spouses are in the same exact position. Be cordial to each other, remain calm, and avoid actions and words that will cause more friction, making cohabitation much more uncomfortable.  
• Practice Self-Care - Take part in self-care and activities focused on stress reduction and promoting calmness. Eat well, get enough sleep, and try to spend some time away from the home by visiting with friends, attending counseling sessions, or taking a fitness or hobby class.

Sharing a home when a divorce is in the process can definitely be challenging, but it is a challenge that many divorce lawyers find that their clients must work their way through.

Part of the focus of divorce proceedings is to address living situations, income, childcare, and everything else that is required for spouses to change their living situation.

The best advice from divorce attorneys is to work together to get through this uncomfortable period until it is possible for spouses to permanently split their household in a productive way.

According to many divorce law firms, a challenging issue that many divorcing spouses must go through is the division of their marital property, which many times includes a house.

In cases where one spouse wishes to remain in the family home, divorce attorneys must guide their clients through the process of a house buyout so that each spouse is able to walk away with the assets they are entitled to.

Divorce lawyers explain that a house buyout is an option that can work in lieu of selling the house outright, as long as the spouse keeping the home can reimburse the other spouse for their share of the investment that has already been made.

How Are House Buyouts Done?

First, divorce lawyers will help their clients find an experienced real estate professional who can provide an accurate assessment of the current value of the house.

The house must be professionally appraised so that a reasonable market value can then be assigned and provided to the representing divorce law firms. 

Equity In The Home Must Be Calculated

Once the value of the home is determined, the amount of equity that the couple has in the home can be calculated.

According to divorce attorneys, equity is the difference between the stated value of the home and the balance due on the mortgage.

The higher the value of the home, the more equity is held by its owners.

Divorce lawyers advise that this can also work in reverse, however, on the rare occasion that the property value has gone down.

Equity Is Then Divided Based on State Law

The amount of equity that is held in the home must then be divided with the help of each divorce law firm according to how each state handles marital property.

Since Texas is a community property state, the equity would normally be split 50/50 between the spouses, unless there is some reason why one spouse is deserving of a higher amount of the equity than the other.

Divorce attorneys advise that the amount of equity assigned to the selling spouse is the amount that the buying spouse must then pay to them to buy out their interest in the marital home.

One Spouse Buys Out The Equity of the Other Spouse

Divorce lawyers advise their clients that the final step to a divorce buyout is for the spouse buying out their ex’s interest to pay them for it.

The easiest way to do that is for the buying spouse to simply pay cash via the representing law firms to their selling spouse if the funds are available.

Other options include creating a buyout agreement that allows one spouse to make payments to the other if the buying spouse can afford the additional payment.

A third option according to divorce attorneys is to refinance the home to provide a cash payout to the selling spouse, with the new monthly mortgage payment reflecting that.

If none of these options work, the court can demand that the house simply be sold, with each spouse retaining their share of the equity. 

Adding Up The Facts

When a divorce involves the splitting of a family home, a divorce buyout is possible should one spouse decide they want to keep the house.

Work with a divorce law firm experienced in the home buyout process to ensure the best results.

Annulment is the process of declaring a marriage null and void based on the premise that it was invalid to begin with.

Though the process is not used often, divorce lawyers see it used instead of divorce in certain circumstances, as a divorce acknowledges that the marriage was legal and valid. 

What Qualified as an Annulment?

According to divorce law firms, the key to receiving an annulment is proving why the marriage is invalid and should be dissolved.

The Texas court recognizes the following reasons for declaring a marriage invalid, making annulment possible: 

• A person married under the age of 18 without their parent’s consent.
• One or both spouses married while under the influence of narcotics or alcohol. 
• A spouse is impotent at the time of marriage. 
• A spouse is made to marry by force, fraud, or under duress. 
• A spouse has concealed a divorce within the previous 30 days. 
• A couple was married within the first 72 hours of receiving their marriage license. 

What Else Is Needed For an Annulment?

In addition to meeting at least one of these qualifications, divorce attorneys stress that spouses must also show evidence that they have not acted as a married couple during the time that has passed.

The court will inquire as to whether they have lived apart or together after learning about impotency, concealed divorce, fraud, or other qualifying reasons, as continuing to reside as a couple suggests that the couple accepted their marriage beyond learning about those issues.

In these cases, the court would require spouses to work with their divorce law firm to process a standard divorce as opposed to an annulment; however, if the spouses, upon realizing the invalidity of their marriage, did not live together as a couple, an annulment is more possible. 

Seek The Help of Divorce Lawyers for an Annulment

Although getting an annulment might seem easy when one of the required factors has been met, spouses should still seek the assistance of a divorce lawyer in most cases.

Depending on the duration of the relationship, marital property, the involvement of children, and many other details, an annulment may still require going through certain legal processes for it to be considered final. 

What Does All This Mean?

Spouses who believe their marriage is invalid and wish to seek an annulment should speak to a divorce attorney to discuss the situation and how it should be handled.

If an annulment is possible, a divorce lawyer will help them fill out the appropriate paperwork and handle any divorce-related issues that may apply.

In cases where annulment is not possible because a couple remained together and presented as married, a divorce attorney attorney can then provide the guidance necessary for a standard divorce.

When Texas couples divorce, one of the first things that many family divorce lawyers get asked about is legal name changes.

Many spouses want to know how soon they can do it, while others wonder if they can keep their married last name for a variety of personal reasons.

Fortunately, as any family divorce attorney knows, the topic of legal name changes seems more complicated than it actually is. 

When Can Divorcing Spouses Change Their Last Name?

Family divorce law firms are often asked when can a legal name change be made in Texas when spouses are divorcing?

A legal name change related to a divorce can be made in two ways in Texas, either during the process or after the divorce.

The simplest way to do it is to have family divorce lawyers include the name change in the divorce decree that will be approved and finalized by the Texas family court.

The second option if a name change is not written into the divorce decree is to file an Original Petition for Change of Name within the county where they reside.

Proof of the divorce may be required to do so. 

Can A Name Change Be Denied?

As easy as that is, family divorce attorneys know there are certain circumstances in which a judge can deny a request for a name change.

Someone who has been convicted of a felony could be denied their request unless:

• They have been pardoned.
• Two years or more have passed since being released from prison or completing probation.
• The request is to change a name to the one that is on their criminal records.

Family divorce law firms advise that these precautions exist to ensure that divorced spouses cannot avoid being found for legal purposes or hide from creditors. 

Is A Name Change Required?

Do spouses have to legally change their last name once they are divorced?

The answer from family divorce law firms is that no, they do not.

Some spouses prefer to keep their married last name so it stays the same as the last name of their children.

Others may choose to keep their last name for professional reasons if they are already known by that name or for some other personal reason. 

Can Children's Last Names Be Changed As Part of a Divorce?

With regard to a couple’s children, family divorce attorneys point out that while the court cannot change the last name of a couple’s children as part of the divorce decree, parents may file separate petitions for name changes of their kids.

These requests usually require both parents and children over 10 years of age to be in agreement over the change and involve a hearing with a judge. 

What Does All This Mean?

Changing a last name during or after a Texas divorce is very easy to do in most cases.

Ex-spouses in need of guidance or with questions about the name change process should discuss it with their family divorce lawyer, who can provide the best advice for their individual situation.