I recently lost a family member to cancer. Some people might not think of us as family, because he was my ex-husband. But because we divorced collaboratively, we were able to remain family from the very beginning of the divorce process up until I held his hand on his deathbed. As hard as it has been watching my children lose their dad, it has also been reassuring knowing that our sons felt loved, nurtured, and cared for, by both of us. That is because we made the decision to be the best co parents we could be. Many years after the divorce, I am convinced that the collaborative divorce process laid the groundwork for that reality. It helped us identify when it was appropriate to put our personal needs aside, during the divorce process and beyond, to do what was best for our children. What’s more, remaining good friends and family, was one of our goals throughout the divorce and became one of the best benefits of Collaborative Divorce for us.

How does collaborative divorce help preserve relationships?
In collaborative divorce, you will be working with a team. The collaborative divorce team is made up of your attorney, your spouse’s attorney, one neutral financial professional (NFP) and one neutral mental health professional (NMHP). This team approach helps enhance the quality of decisions made during the divorce process, which in turn provide the best environment for preserving relationships within the family. Unlike litigation, a collaborative divorce allows the couple to explore solutions in a safe, confidential environment where they are each supported by their collaborative attorney, as well as the two neutrals assigned to the case. 

Divorce already takes an emotional, mental, and financial toll on the family. The current real estate market has added to that with increasing interest rates, declining house prices and diminishing values in certain asset accounts

Nationwide, there’s a shortage of available houses – especially at lower price points – compared to the number of would-be homebuyers. For a while, there was tons of talk of offers being made above asking, inspections being waived, no contingencies, bidding wars, and so on, but, as the Fed has raised interest rates, demand has cooled a bit.

Many clients think they are savvy negotiators, but they often fail to understand how their behaviors and attitudes towards each other throughout any divorce process effects the end result.  What you and I see as common-sense negotiation tactics, are anything but that to our highly agitated divorce clients.

We have all seen the Wife make digs at the unfaithful husband continuously throughout the divorce case. While such disparagement likely makes the wife feel a bit satisfied for a few moments, she rarely understands the long-term consequences of such comments.

In the post-information age in which we live, we can literally find an answer to any question within seconds at the touch of a button or a question to Alexa. However, finding accurate and relevant information can be much more challenging, especially when it comes to finding answers to frequently-asked questions about divorce. There is quite a bit of misinformation on the internet today about divorce laws in Texas. Here are three of the most common e-myths:

1. Texas is a “50/50” State.
While it is true that Texas is one of nine community-property States in the Union, Texas is not a 50/50 state. Fundamentally, community property is the property that a married couple accumulates over the course of the marriage, whereas separate property is either property that a person owned before marriage, acquired during the marriage by gift or inheritance, or compensation received for a personal injury. Upon divorce, the Texas court only has the power to divide community property, and that division does not have to be equal. The Texas Family Code only requires that a court divide the community estate of the parties upon divorce in a manner that the “court deems just and right, having due regard for the rights of each party and any children of the marriage.” Tex. Fam. Code Ann. §7.001. In practice, what that means is that the court is supposed to consider the unique facts and circumstances of the specific case before dividing the estate. Factors such as the comparative age, education, work experience, and health of the spouses should be considered. Additionally, the court looks at whether one spouse will bear the brunt of continuing to raise any minor children of the marriage, as well as any bad behavior of the spouses, when considering how to divide the estate. At the end of that evaluation, the court then divides the estate in a “just and right” manner in light of the totality of the specific circumstances brought to the court’s attention. Sometimes the result is 50/50, but just as often, the result differs from a strict 50/50.

Although many of us consider our pets to be family members, the Texas Family Code still considers them to be property, for the purposes of a divorce.  If your pet was acquired, adopted or purchased during the marriage, most likely the pet is community property. That means that a divorce court would have to decide who to “award” Fido or Fluffy to as part of a “just and right division” of the community estate. If the pet was previously owned by a spouse or given to a spouse as a gift, or inherited, then the pet is the separate property of that spouse.  A court cannot divide the separate property of either party.

 All of that being said, I have seen judges get very annoyed when parties are fighting over a pet. If the pet belongs to a child, the court could deem it to be the child’s property and not subject to division at all.  I’ve also seen a judge order that the pet travel with the child.  Particularly where children are involved, try to keep pet squabbles out of court and keep the best interest of the human child in mind.

Many couples who face divorce do so because they have been experiencing significant financial difficulties. These financial woes may be one among many factors, or perhaps the only factor, that has led to the breakdown of the marriage. These difficulties may be exacerbated by going from a dual-income household to a single-income household, perhaps due to job loss, illness, or another significant life change. When couples face these issues and decide to file for divorce, it is important to evaluate the assets, liabilities, income, and expenses of the marital estate to determine whether filing for bankruptcy can relieve one or both parties from debilitating post-divorce financial problems.

There are several factors that need to be considered when making this evaluation. First, one must assess the liquidity of the marital estate by determining whether the marital estate has a positive net value. One must also consider the nature of the spouses’ primary assets, what percentage of the assets can be easily liquidated, and whether there are sufficient liquid assets to meet at least three months of the parties’ ordinary monthly expenses.