The Law Office of Christopher J. MillerThe Law Office of Christopher J. Miller2024-03-15T11:25:43Zhttps://www.attorneychrismiller.com/feed/atom/WordPress/wp-content/uploads/sites/1300484/2020/04/cropped-ID-32x32.jpgOn Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=471062024-03-15T11:25:43Z2024-03-15T11:25:43ZPossession does not affect someone's right to equity
People do not need to subject themselves to months in a very tense, potentially hostile living arrangement to protect their financial interests during a divorce. Actually living in or possessing the home is only one of the considerations for the marital residence in a Texas divorce.
Spouses also typically need to establish the value of the home so that they can divide equity in a reasonable manner with one another. Someone who moves out of the home might put themselves at a minor disadvantage for the purposes of actually retaining possession or the right to live in the house.
However, their decision to leave typically does not have any bearing on their right to a portion of the home's equity. With the exception of scenarios in which someone actually abandons their spouse, home and children, the decision to move out during a divorce should not have much impact on someone's property division rights.
When the degree of marital conflict reaches an unsustainable level, those going through a Texas divorce may need to contemplate making alternate living arrangements for their mental health. Learning more about community property rules during Texas divorces may help people make choices that reflect the real risks and challenges of modern divorce.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470962024-02-14T20:38:14Z2024-02-14T20:38:14ZEstablish a business-like approach
Treating co-parenting like a business relationship can significantly improve communication. This means being polite and respectful and keeping conversations focused on the children. Avoid letting personal feelings or past conflicts influence your communication.
Use clear, concise language and stick to discussing schedules, health issues, educational needs and emotional well-being of your children. This approach can minimize misunderstandings and conflicts.
Use technology to your advantage
Leveraging technology can streamline communication and reduce potential friction. Numerous apps and online platforms are designed explicitly for co-parenting, offering features like shared calendars, expense tracking, and secure messaging. These tools can help keep parents informed and engaged in their children's lives without needing constant direct contact, which can be particularly helpful in high-conflict situations.
Set clear boundaries and rules
Agreeing on boundaries and rules regarding communication is crucial. This includes deciding on how often and through what means you will communicate and setting expectations for response times. Establishing consistent rules and routines for your children across both households can help provide them a sense of security and stability, making co-parenting more effective.
Practice active listening
Active listening involves fully concentrating on what is being said rather than passively hearing the speaker's message. When communicating with your co-parent, listen attentively, acknowledge their points, and respond thoughtfully. This shows respect for their perspective and can foster a more cooperative and productive co-parenting relationship.
Detailing communication-related co-parenting terms in your parenting plan may also be beneficial. Working with a legal representative to ensure this is set up appropriately can help both of you to know what to expect and what is expected of you. This kind of stability can be helpful for everyone, even your kids, who can benefit from minimized tensions between you and your co-parent.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470952024-01-25T14:45:22Z2024-01-25T14:45:22ZThe length of the marriage affects the order
In general, a marriage usually needs to last at least 10 years for spousal maintenance to be an option. The only real exception to this rule requires a domestic violence conviction. Someone married for at least 10 years but less than 20 years could receive at most five years of spousal maintenance. Marriages that last between 20 and 30 years can lead to up to seven years of spousal maintenance. Marriages that last for 30 years or longer may lead to up to 10 years of maintenance.
Typically, the courts want to see proof that there are factors limiting someone's earning potential when someone requests maintenance or alimony. Personal disability, long-term absence from the job market or responsibility to care for a disabled child could all influence spousal maintenance requests in Texas. The state may terminate maintenance early if the recipient dies, cohabitates with a romantic partner or remarries.
Some couples can negotiate their own arrangements for spousal maintenance that are reasonably fair. Doing so can make the outcome of divorce more predictable, which both spouses may feel is beneficial. Either way, understanding the basic rules for spousal maintenance in Texas may help people more effectively approach financial negotiations during a divorce.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470942024-01-15T16:32:38Z2024-01-15T16:32:38Ztheoretically have equal rights under the law.
Judges generally try to handle custody matters with a focus on the best interest of the children. Most judges believe that maintaining strong relationships with both parents is important for the long-term well-being of the children. Still, some divorces end with one parent gaining sole custody. How might a parent lose custody during a Texas divorce?
By giving up their rights
Some people worry about taking their cases to trial. They feel like they cannot afford an attorney or may worry that their spouse might try to smear them. If someone did not serve as a regular caregiver for the children or if they have a demanding career, they might mistakenly believe that a judge won't award them shared custody anyway. Pessimism often leads to parents giving up their right to shared custody by signing an agreement with their spouse instead of going to court.
By being in an unstable position
Many people only lose custody temporarily after a divorce. A judge recognizes that they are in an unstable situation and cannot currently meet the needs of the children. Health challenges, a lack of stable housing, unemployment and even untreated mental health or substance abuse issues might lead to a judge giving one parent far more time with the children than the other. People can only have overnight custody when they can provide for the children's needs. Those who lose custody due to instability may qualify for a modification when they improve their circumstances.
By presenting a threat of abuse or neglect
Some parents lose custody because they lack the ability to properly parent. They may have a history of neglecting or abusing their children. Other times, they may have severe substance abuse issues that prevent them from taking proper care of their children. If there's evidence corroborating claims that the children could likely endure significant abuse or neglect at one parent's home, that might influence how a judge divides parental rights and responsibilities.
Most parents receive some degree of parenting time even if the other parent has more overnight time with the children. As such, learning more about the Texas approach to custody may empower those who have stayed in an unhappy marriage out of love for their children.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470932024-01-22T17:33:09Z2023-12-21T04:38:49ZWatching over expenses
One of the major post-divorce changes involves expenses. Unless you were the only income earner while married, transitioning to a single-income household can change your future financial situation. Look through your old calendars as you plan to live off a single income. If you're like most, this calendar lists your bills and how much you owe each month. Planning with this information can help ensure you avoid spending all your money.
Tracking parent and child time
If you and your ex-spouse share children, you'll both need to resolve child custody matters. Child custody involves parents working together to devise plans to spend time with their children. A previously used calendar lets you know important commitments, some of which may clash with established custody arrangements. Your calendar may also help you continue the traditions of family vacations with your children.
Rebutting false claims
Unfortunately, not all divorces go smoothly. Understandably, emotions can and often do run high during the divorce process. If this stressful environment causes your former spouse to make false claims against you, having a calendar handy could prove any falsehoods wrong.
Keeping your old calendars can be extremely helpful, especially during divorce. The information in calendars helps you move forward with a clear understanding of future dates and payments.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470912023-11-30T04:12:52Z2023-11-30T04:12:52ZKeeping the home, keeping the mortgage
For some couples, the solution is to keep the home and the mortgage. However, for this to work, the divorcing spouses must be on somewhat amicable terms, as there will be questions about the expenses for maintaining the home and a commitment that each person will pay their share of the mortgage. If that is not paid, both spouse’s credit will be affected.
Sell and split
For other couples, the best route will be to sell the home before they begin the divorce process, pay what is left of the mortgage and split any remaining proceeds as part of the division of property. Selling before divorce will help them avoid potentially higher tax implications on the profit made from the sale. This is a clean way for both spouses to start their life post-divorce.
Negotiate for the home, refinance the mortgage
The family home might be on the table during property negotiations. Some of the considerations couples will need to explore include:
One spouse buying out the other spouse for their share of the value of the home
One spouse exchanging the home for another property of the same value
The spouse keeping the home assuming the mortgage, which means having the other spouse’s name removed from it, which is not an option available to everyone
The new borrower refinancing the mortgage by qualifying for it alone, which means they will also need to provide financial proof of their capability for payment
Couples often have emotional attachments to the family home, making it difficult to make a clear decision. Study each option carefully and understand its impact before deciding what is best for your new plans.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470892023-10-31T00:30:21Z2023-10-31T00:30:21ZYou'll retain some property
In a divorce settlement, you'll have the right to retain a portion of the marital estate. This may include the right to remain in the family home or to keep some or all of a joint bank account. Your spouse may also be required to pay alimony or provide other forms of support after the divorce is finalized. Finally, you may be entitled to keep a portion of retirement savings accrued by your spouse during the marriage.
Retirement may be farther away
It may be possible to keep yourself afloat financially by delaying retirement or by reentering the workforce. You may also decide that instead of exiting the workforce entirely, you'll pick up odd jobs to earn cash after exiting your primary career. Although you may fear reentering the workforce later in life, companies cannot discriminate against applicants due to their age. There may also be educational and other programs available to make yourself more attractive to employers.
Downsize wherever possible
If you can't work, you may be able to help yourself by downsizing your lifestyle. Instead of owning a large home, you may rent an apartment or live with family members or friends. You may also decide to take the bus instead of continuing to make car payments. Delaying your next vacation or luxury purchase may also help you remain solvent after a divorce.
Tax records, bank statements and other records may make it easier to prove that you should receive alimony or other resources in a final settlement. If you were the breadwinner in the relationship, it might help you limit the amount of support you're ordered to provide.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470882023-10-24T18:29:10Z2023-10-24T18:29:10ZFive tips for talking with your teens
Realize that when you have the divorce conversation, you may make mistakes, but that doesn't mean you're not good parents. Keep these tips in mind when making the announcement:
Tell them together with your spouse
Be adamant that they do not have to pick one parent's side
Focus on what won't change for them
Determine how to end the conversation
Keep the lines of communication open by inviting questions
Presenting a united front in your family conversation is one of the most essential aspects. Indicate that staying in an unhappy marriage is not a good example to set. It's also necessary to point out that life is full of unpleasant situations, and they should be sheltered from them.
Expect your teens to be upset. Give them time to digest the news. No two kids will react to the news in the same way. However, by leaving an open line of communication and indicating that they can continue to ask questions, you will keep your relationship with them and help ease the blow.
Protecting your relationship with your teenagers
Child custody issues are different for divorcing parents with teens. Your kids will soon be off to college, start to drive and get jobs. They may be involved in many activities, making it almost impossible to alternate visitation schedules with parents. You and your spouse must get creative with child custody arrangements.
Some divorcing parents actively involve their teenagers when working out parenting agreements. By asking their opinions on important matters, you'll be able to act in their best interests. As they are still developing physically and mentally, you'll want to help them as much as possible, but at the same time, they may have strong ideas on what may work. Give them a chance to help preserve your family dynamic.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470872023-09-22T03:59:04Z2023-09-22T03:59:04ZWhy relationships start
According to researchers, you entered a relationship because it met one or more of your primary needs. The love you felt for the other person and your togetherness benefited you in ways that met your goals.
Common goals met by a new relationship:
Build adult life without parents
Create a stable home life
Start a family
Feel loved and cared for
Looking for new goals
You likely need to spend five or six years working toward your goals with your spouse. Perhaps you bought a house and started a family or launched a business together. If you were looking to establish yourself as an adult, then you will have accomplished that too within a few years.
Meeting your initial goal with your relationship actually represents the source of trouble for couples. You or your spouse start looking for new ways to be fulfilled. You begin to feel stuck. If your relationship cannot shift into a new stage of life, then you could feel the need to leave or sabotage the relationship through infidelity or ignoring your partner. As a result, filing for divorce becomes likely at this seven or eight-year mark.
Make a healthy vision for a new life
Married people who recognize that they are becoming restless sometimes work with those feelings. They talk to their spouses and work together to set new goals that reaffirm their bonds.
However, feelings of dissatisfaction cannot always be resolved. You may decide that continuing in the relationship cannot realistically produce beneficial results. In that case, the eight-year itch means that your marriage may have run its course.]]>On Behalf of The Law Office of Christopher J. Millerhttps://www.attorneychrismiller.com/?p=470862023-08-21T16:24:35Z2023-08-21T16:24:35ZMen prefer to be breadwinners
Research has shown that a couple is at an increased risk of a divorce if a wife earns more than her husband. This is partially because a wife who obtains financial independence doesn't need to stay in a toxic marriage to retain access to money or other important resources. It is also because women who earn more in a relationship are still often required to do an outsized share of domestic tasks such as cooking, cleaning and raising children.
Living on the edge is stressful
You may find it harder to love your partner if you're constantly worried about losing your home or car because you can't keep up with the monthly payments. This may be especially true if your partner is unemployed, gambles or takes other actions that actively hurt the household's financial situation. Even if your spouse isn't to blame for your problems, stress may make it harder to want to engage in romantic or other activities that help keep a relationship strong.
Financial infidelity can be harmful
Financial infidelity can break the trust that is needed for a relationship to last for many years or decades. Examples of such conduct include opening a bank account without your spouse's knowledge or finding out that your spouse has been gambling or otherwise spending what should be joint funds without your knowledge or permission.
Through a divorce settlement, you may finally receive the funds or other items that you need to maintain a comfortable lifestyle. As Texas is a community state, you are generally entitled to half of any joint assets such as funds in a bank or brokerage account or half of the equity in the marital home.]]>