Law Thompson, P.C.Law Thompson, P.C.2024-03-18T08:48:07Zhttps://www.lawthompson.com/feed/atom/WordPress/wp-content/uploads/sites/1503637/2023/06/cropped-LawThompson-Color-Site-Icon-32x32.jpgOn Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=495742023-10-06T14:23:56Z2023-10-06T14:23:56ZMediation is one popular option for helping a divorcing couple negotiate critical matters like child custody, child support, alimony and property division. For those who can use it successfully, mediation can be faster and cheaper than traditional divorce. And because it is more holistic and less confrontational, people who go through it often feel greater ownership over the terms of their settlement. Not only does this help you and your ex feel better about its terms, it can also help ensure your ex complies with it.
The mediation process in Houston
Divorce mediation works by having you and your ex meet with a neutral third party called a mediator. A divorce mediator is typically a family law attorney or retired family court judge, but they are there to represent you or your spouse. Instead, the mediator will explain the traditional divorce process in Texas and how it would likely decide matters like property division and child custody. They will then guide you through negotiations with your partner to try to settle these issues together.
Should I still work with my own lawyer?
While your attorney will not be a part of the mediation sessions, they can still help you prepare and review any agreements you have reached to ensure they are fair. Working with a divorce attorney can help make mediation a more effective and satisfactory method of resolving your divorce.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=495372023-08-18T19:37:51Z2023-05-25T09:41:39ZMany people dealing with a family law issue do not completely understand the phrases and words they may encounter in a divorce. Even worse, legal terminology often varies from state to state, potentially causing even more confusion.
Incorrectly interpreting legalese in a divorce could compromise your or your child’s interests. Consider learning more about family law terminology to enhance your protection. Below are a few definitions to kick off your education.
Conservatorship (of a child)
One common misconception is that “child custody” is the only term courts use when discussing kids and parental responsibilities. In Texas, courts use the word conservatorship instead, and it has nothing to do with the time parents spend with their children.Conservatorship defines the responsibilities and rights of each parent, where the children will live and parental decision-making rights.
Access and possession
In Texas, you may hear "access and possession" in place of (or in addition to) child visitation. These words describe the minimum time your children will spend with each parent. Possession means in-person time, while access refers to other contact or access methods (phone calls, video chats, etc.).Access and possession are binding court orders usually included with your Decree of Divorce.
Best interests of the child
In all states, this phrase refers to a set of principles family law judges rely on when making decisions involving a child. To arrive at the best interests of your child, the court may look at:
Each parent’s ability to provide for the kids
Each parent’s mental and physical health
Religious or cultural issues
Stability of parental homes
Many other factors
You can be sure the court wants to protect your kids from hardships, but they can make mistakes. Consider obtaining legal representation to help ensure your child-related court orders are best for your family.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=495382023-05-23T02:49:49Z2023-05-23T02:49:49ZDivorce is a breakdown of the marriage, not your relationship with the children. Therefore, your co-parent should not interfere with your parental rights or try to negatively influence relations with your children.
If your co-parent prevents you from accessing the children against court orders or is constantly violating the existing custody agreement, you can take steps to rectify that. Court-issued custody orders must be followed and are enforceable. Here is what you should do.
Try talking about it
It's always best to resolve such issues with your co-parent through communication. They may have a valid reason for the violation or misunderstanding of the court order. Talking to them calmly and respectfully may help clarify the situation and get them to comply with the order. If possible, get a neutral third party to help mediate and resolve the matter.
Explore your legal options
Dialogue does not always work out; if it's the case, it may be time to look into other options. You can go to court to seek enforcement of the custody orders. The process involves filing an enforcement motion and presenting relevant evidence before a judge issues a judgment.The court can employ various enforcement tactics, such as fines or holding them in contempt of court which can lead to criminal penalties. A judge may also modify the existing orders to suit the circumstances, although it depends on the particulars of each case and the children's best interests.
Get the help you need
Enforcing child custody orders is essential for protecting your parental rights and ensuring your children's best interests are served. As such, it helps to have the necessary legal guidance when gathering evidence and arguing your case. It will go a long way in safeguarding your involvement in your children's lives.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491532023-04-26T10:12:12Z2023-04-28T10:11:44ZRunning a business with your ex-spouse will require flexibility and compromise. You may need to make adjustments along the way, such as revisiting your roles and responsibilities or revising your communication methods. Stay open to change and be willing to adapt when necessary.
Keep communication open and professional
Make sure you both understand the importance of maintaining open lines of communication, especially when it comes to your business. Keep your discussions focused on the company's needs and goals, avoiding personal issues that may have arisen during your marriage. Set up regular meetings or check-ins to discuss business-related matters and ensure you are both on the same page.
Establish clear roles and responsibilities
It's essential to define each person's role within the company, to avoid confusion or potential conflict. Be specific about your duties and make sure your ex-spouse does the same. This clarity will help both of you know what is expected, preventing any misunderstandings. It also enables your employees to know who to turn to when issues come up.
Set boundaries
To maintain a healthy working relationship, you must establish boundaries between your personal and professional lives. This might mean not discussing your personal lives while at work, or not taking work-related conversations home with you. By creating a clear separation, both of you can focus on your respective responsibilities without getting distracted by personal emotions. These boundaries may become especially important when your or your ex has a new significant other who attends work functions.
It's crucial to have a backup plan in case your working relationship becomes unbearable. Discuss and agree on an exit strategy and a plan to handle potential conflicts, ensuring that your business will not suffer if challenges arise. It’s also best to have everything in writing so you can refer to the documentation when necessary.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491522023-04-25T15:24:18Z2023-04-27T15:23:48ZSome children may have a preference regarding which parent they live with most of the time. When their parents get divorced and custody is split up, they may want to have the ability to make this choice. They want a say in where they live and how their life plays out after the divorce – which is very understandable.
Conversely, parents may be afraid that letting children choose could be problematic. Maybe the child will choose to only live with one parent. Does that mean the other parent just doesn’t get custody rights? How much of an impact will a child’s desires have in a situation like this?
Children can express their wishes
In many cases involving older children, they are given a chance to express their wishes to the court. After all, the court is focusing on their best interests. What the child prefers could certainly be in those best interests. They have a right to make requests regarding their own custody situation.That being said, the court is not obligated to follow those custody requests. A child may say that they only want to live with one parent, but that child’s best interests still have to come first. Overall, most child psychologists agree that it is actually best for a child’s development if they can see both of their parents. As such, the court is unlikely to give out sole custody simply at the request of the child, unless there is some sort of evidence of abuse or other negative factors.
A complicated custody situation
Determining exactly how custody should be set up can be very complicated for parents and their children. Everyone involved needs to make sure they understand their rights and legal options.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491502023-04-14T04:35:34Z2023-04-19T04:34:47ZYou may be uncertain about the future of a family-owned enterprise when you part ways with your spouse. Will it be business as usual or do you have to close the shop? The answer to your questions may not be straightforward, as explained below.
There is no blanket law that specifies what will happen to family businesses in Texas after divorce since every situation is unique. As such, the fate of your family business will depend on the prevailing facts. Here is what you need to know.
Is the family business considered marital property?
Suppose you started the business after the marriage, using marital funds or alongside your spouse as co-owners. In that case, it is considered marital property and will be up for division when you divorce. It is worth noting that a spouse does not necessarily need to be an employee or directly involved in running business operations for it to be considered marital property. Your spouse may be legally entitled to a stake in the business if they supported you as a homemaker or cared for the children while you ran and managed the business.
What are your options?
If you do not have a valid prenup that outlines what should happen to the family business, you have these options:
Sell the business and divide the proceeds with your spouse
Buy out your spouse and retain the business
Run the business with your ex as co-owners
It all depends on whether you can reach a mutual agreement with your spouse on the way forward. Otherwise, the court will decide how things will proceed.
Protect your financial interests during divorce
It is crucial to have the proper guidance when navigating the complexities of a divorce. Learning more about how everything works, especially from a legal perspective, will help you understand your options and ensure the best possible outcome for your family business.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491472023-03-29T12:20:50Z2023-04-03T12:20:18ZWith the overturning of Roe v. Wade by the U.S. Supreme Court, there’s been a lot of media attention on five states, including Texas, where divorce is reportedly not allowed if the wife is pregnant. Of course, as the story gained traction on the internet and specifically in social media, the facts have gotten lost.The truth is that neither Texas nor any other state actually has a law that requires couples to wait until a baby is born before they can finalize their divorce. However, judges typically will not grant a divorce decree while one spouse is still pregnant in some states, including Texas.This is nothing new. It’s been the practice for many years. The question of pregnancy is included in the divorce petition. There are a number of reasons for this.
Why judges won’t finalize a divorce before the baby is born
Judges generally want to wait until the baby is born to put child custody and support orders in place. For example, a baby could be born with serious health issues that require more money and different custody arrangements than the parents planned. This doesn’t mean that divorcing couples can’t go ahead and negotiate their agreements. Then all that is left is to get the judge’s final sign-off on them after the baby arrives. We’re assuming here that there’s no question of paternity. If there is, that adds another layer of issues that have to be addressed.Certainly, couples don’t have to continue living together during this time. It’s also possible to get a protective order if there’s an issue of abuse. You may actually get a judge who will grant a divorce during the pregnancy.If you’re considering divorce during pregnancy, it’s crucial to have sound legal guidance. This can help things go as smoothly as possible.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491442023-03-27T12:25:19Z2023-03-29T12:24:45Z1. You may need time to do other things right now
There is a lot to do during a divorce. You’ll need to research your options for the future. You might need to look at finding new accommodations for now and/or later. You might need to investigate new schools for your children, or even a new job if you intend to move from the area.
If you have kids, they will also need you more than ever. Divorce will be upsetting for them, and seeing you chatting to people on social media rather than spending time with them may not go over well right now.
2. You don’t want to keep reminding yourself of your marriage
If your spouse filed for divorce against your wishes, you might feel tempted to flick through old pictures of happier times stored on your social media accounts. It is unlikely that this approach will help you process your situation and may even keep you stuck in an emotional loop for a time.
3. You could jeopardize your divorce outcome
You might also be tempted to post a snarky comment on one of your spouse’s posts that won’t help your cause. This could raise the temperature of the divorce, making them less willing to compromise. Your spouse might also monitor your social media account for anything that could help them to convince a court that you are a bad parent, spend excessively or anything else that could gain them an advantage in a divorce - photos and comments can easily be misinterpreted.
If you are going through a divorce, be sure to get legal guidance to avoid costly mistakes. Chances are that any legal professional with whom you speak will echo concerns that engaging on social media isn’t the best choice at the moment.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491432023-03-02T18:43:34Z2023-03-03T18:43:12ZWhen you get divorced, you certainly do not have to get divorced in the same state or the same county where you got married. People sometimes worry about this because they may have moved a significant distance in the years between that marriage and the divorce. But if you live in Texas now, even if you got married in Michigan, you don’t have to go back to Michigan just to get divorced.
That being said, there are some residency requirements. Each state is allowed to set these however it would like. Some states have none at all, but Texas says that at least you or your spouse have to be a resident for six months prior to filing for a divorce. And that is just at the state level. You also have to be a resident of the county in which you reside for 90 days. Only after you have satisfied these can you file for divorce.
Why is it set up this way?
You may think it is odd that states would put these restrictions in place. Maybe you just moved to Texas and you already knew you wanted to divorce, but you hadn’t started the process yet. Why would the state keep you from pursuing it?The basic reasoning is just that states do not want people filing for divorce in places where they don’t reside simply because they favor those divorce laws. State governments try to prevent people from moving and then quickly getting divorced because they think they will get a better outcome in that state. The government wants to see proof of actual residence within the state before applying those laws.Divorce may be a bit more complex than you assumed, which is why it’s so important to understand what legal steps to take.]]>On Behalf of Law Thompson, P.C.https://www.lawthompson.com/?p=491402023-02-28T04:16:25Z2023-03-03T04:15:27ZMake no mistake, divorce is tough on all levels – financially, spiritually and emotionally. If you and your spouse have decided to call it quits on your marriage, one of the most important decisions you will need to make is whether to continue living together under the same roof or not while working on your divorce.
If you decide to live together during the divorce process, it is important that you avoid costly mistakes that can complicate or hurt your case down the road. Here are three important tips that can help you get through while sharing a living space with your soon-to-be ex.
1. Set and maintain clear physical boundaries
Sharing a living space with the person you no longer love can be awkward, to say the least. You want to start by having separate bedrooms. As a rule of thumb, avoid any situations that can lead to intimacy with your spouse. Besides having separate bedrooms, you can also schedule how you will share common places like the kitchen, the living room and the bathroom.
2. Cut any financial ties
Money matters can be a big problem during a divorce. If you operated joint checking and credit card accounts, now is the time to sever financial ties. Close any credit cards you shared even as you notify the bank to freeze any joint accounts you may have while awaiting property division judgment. Work out a shared budget and pay your half of the bills promptly.
3. Mind the kids
No matter what the situation, never let your emotions get the better of you, especially in the presence of the kids. In simple English, do not fight in front of the kids. Do not disparage your spouse in front of the kids, either. These kinds of actions will only complicate your child custody case.
Protecting your rights
The decision to live together while your divorce is underway is entirely yours to make. If you choose to stay, it is important that you know your legal rights and obligations during the divorce process.]]>