Jana Landry Attorney at LawJana Landry Attorney at Law2026-04-20T12:02:15Zhttps://www.friendswoodfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104730/2021/02/cropped-JL_FAV-32x32.pngOn Behalf of Jana Landry Attorney at Law<![CDATA[Handling Divorce When Owning A Business Together]]>https://www.friendswoodfamilylaw.com/?p=472722026-01-29T12:40:50Z2026-01-29T12:40:50ZYour Business As “Community Property”
In Texas, most things a couple gains during marriage may be community property, meaning they belong to both spouses. That can include a business you started or grew while married—even if only one person’s name is on the paperwork.
Community property is divided in a manner the court considers ‘just and right,’ which may or may not be equal. Unless someone can prove otherwise with documents such as:
a prenuptial agreement
proof that the business is separate property (owned before marriage or kept separate in a legally recognized way through tracing)
Commingling doesn’t automatically convert separate to community but it can make proof more difficult. Knowing this helps you understand why the business may be part of the divorce decisions.
Get A Fair Value For The Business
Before dividing, selling, or buying out the business, you need to know what it is worth. A professional business valuation looks at things like:
the business’s assets (what it owns)
its debts
income and profit
its place in the market and future earning potential
This matters because guessing the value can lead to an unfair deal—either one spouse gets too little, or one spouse pays too much. Valuation experts who work with divorce cases can provide detailed reports that courts often rely on.
Three Common Options For What Happens Next
Most couples choose one of these paths:
One spouse buys out the other where one person keeps the business and the other gets money or property equal to their share.
Both spouses keep co-owning which can work but will require strong communication and clear rules. Also, closely held companies have governing documents (buy-sell agreements, operating agreements, shareholder restrictions) that can limit transfers.
Sell the business wherein someone else buys the business and the spouses split the money based on the divorce agreement.
The best option depends on your finances, your relationship, and what kind of business it is.
Think About Employees And Day-To-Day Operations
Divorce can affect more than just the owners. Employees may worry about their jobs. Clients and vendors may worry about stability. If the business becomes unpredictable, it can lose customers and damage its reputation.
Planning ahead can help reduce stress and confusion. When appropriate, clear communication can help keep trust strong.
Get Help From Experienced Professionals
Divorce involving a business often requires both legal and financial guidance. The choices you make can affect your future for years. Working with professionals who understand Texas family law and business valuation can help you protect what you have built and find a solution that works.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Handling divorce when owning a business together]]>https://www.friendswoodfamilylaw.com/?p=476142026-01-29T12:39:56Z2026-01-29T12:39:56ZYour Business As “Community Property”
In Texas, most things a couple gains during marriage may be community property, meaning they belong to both spouses. That can include a business you started or grew while married—even if only one person’s name is on the paperwork.
Community property is divided in a manner the court considers ‘just and right,’ which may or may not be equal. Unless someone can prove otherwise with documents such as:
a prenuptial agreement
proof that the business is separate property (owned before marriage or kept separate in a legally recognized way through tracing)
Commingling doesn’t automatically convert separate to community but it can make proof more difficult. Knowing this helps you understand why the business may be part of the divorce decisions.
Get A Fair Value For The Business
Before dividing, selling, or buying out the business, you need to know what it is worth. A professional business valuation looks at things like:
the business’s assets (what it owns)
its debts
income and profit
its place in the market and future earning potential
This matters because guessing the value can lead to an unfair deal—either one spouse gets too little, or one spouse pays too much. Valuation experts who work with divorce cases can provide detailed reports that courts often rely on.
Three Common Options For What Happens Next
Most couples choose one of these paths:
One spouse buys out the other where one person keeps the business and the other gets money or property equal to their share.
Both spouses keep co-owning which can work but will require strong communication and clear rules. Also, closely held companies have governing documents (buy-sell agreements, operating agreements, shareholder restrictions) that can limit transfers.
Sell the business wherein someone else buys the business and the spouses split the money based on the divorce agreement.
The best option depends on your finances, your relationship, and what kind of business it is.
Think About Employees And Day-To-Day Operations
Divorce can affect more than just the owners. Employees may worry about their jobs. Clients and vendors may worry about stability. If the business becomes unpredictable, it can lose customers and damage its reputation.
Planning ahead can help reduce stress and confusion. When appropriate, clear communication can help keep trust strong.
Get Help From Experienced Professionals
Divorce involving a business often requires both legal and financial guidance. The choices you make can affect your future for years. Working with professionals who understand Texas family law and business valuation can help you protect what you have built and find a solution that works.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Is keeping the house together an option after divorce?]]>https://www.friendswoodfamilylaw.com/?p=471832024-08-01T11:22:33Z2024-08-01T11:22:33ZIf you own a house, then one of two scenarios is most likely. Either you sell it and put the proceeds into the property division pot. Or one of you keeps it and the value is computed into the overall division equation.
Yet in some cases, neither of those is the best option.
Housing markets fluctuate
Let’s say you bought the house together for around $500,000. Yet when you had it valued recently, the realtor estimated that all you could get was $400,000. Perhaps you bought at the peak of a bubble or maybe something happened in your area that has caused prices to fall.If you can afford to hang onto it, then doing so might be the better option, in some cases at least. Real estate prices can rise and fall over time and waiting until the price is at least closer to what you paid for it could mean a greater share of money for both of you when you do eventually sell.Alternatively, the current value may be above what you paid for it. So if you sold it would equate to a tidy profit. Yet, a new development in your local area, such as if a big tech company decided to base itself nearby, could lead prices to rocket. If you sold now you might forever feel you lost out on the opportunity to reap a big dividend. Waiting a few months or even years could prove a wise long-term move.Not everyone has the financial capacity to do this. But if you do, then it is wise to consider it as one of your options when splitting your assets in your divorce. Just make sure you put appropriate paperwork in place to document your relationship as joint property owners who are no longer married.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[What are some of the top reasons for divorce in 2024?]]>https://www.friendswoodfamilylaw.com/?p=471812024-07-25T20:39:29Z2024-07-25T20:39:29ZPeople get divorced for all sorts of reasons, and you often don’t need a reason at all. You don’t have to prove fault. You just have to claim you have irreconcilable differences and you want to dissolve the relationship.
That said, you may find yourself wondering what some of the most common reasons are in 2024. What red flags should you look for? Are there any indicators that your spouse may file for divorce? Below are some of the main reasons.
Financial stress
Often, couples split up because they begin to experience significant financial stress. This could happen when one person loses their job. But it could also just happen as life gets more and more expensive.
Extramarital affairs
Infidelity is always a common reason for divorce. If someone has an affair with their coworker or someone they met at the gym, their spouse is highly likely to want to leave the relationship once it comes to light.
Growing apart
What often happens with couples who marry young is that they grow apart over time. Maybe they got married at 19, but now they are 29 and they feel like completely different people. They’re just no longer compatible and they’re both unhappy being together.
Growing older
One interesting trend is that those over 45 have a rising divorce rate, while those under 45 have a declining divorce rate. This suggests that simply growing older creates a higher chance of divorce, perhaps due to reduced marital satisfaction, becoming empty nesters or other such factors.If you believe your spouse may file for divorce, planning in advance can be helpful. Take the time to carefully consider your legal options.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Tips for telling the kids you’re getting a divorce ]]>https://www.friendswoodfamilylaw.com/?p=471792024-07-11T16:09:19Z2024-07-11T16:09:19ZEventually, you will need to tell the children that you’re going to get divorced. This can be a difficult step to take as a parent. But once you and your spouse have made the decision, the kids do need to be in the loop – even if you don’t need to give them all of the details.
At the same time, you want to put your children first. How can you make this conversation go smoothly?
5 tips to keep in mind
If your goal is to help the kids adjust to this new stage in their life, here are a few tips to keep in mind when telling them about the upcoming divorce:
Do not have the conversation until you and your spouse are 100% sure you will be getting divorced.
Start this conversation together, as a family. Both you and your spouse should present a united front and tell the kids that you still love them and you are committed to being loving co-parents.
Stress to the children that the divorce is in no way their fault and that they did not cause it.
Give the children time to talk and ask questions. They may want to know where they’re going to live, when they will see both of their parents and things of this nature.
Plan the conversation for a time when you don’t have any other scheduling responsibilities. Allow the children to take as long as they need to process the information and ask questions.
These tips can certainly help, but this is still just the beginning of the divorce process. Be sure you know what legal steps to take moving forward.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Watch your spouse’s spending after filing for divorce]]>https://www.friendswoodfamilylaw.com/?p=471772024-06-21T18:06:30Z2024-06-21T18:06:30ZOnce you file for divorce, it’s important to keep an eye on any financial transactions. This includes your spouse’s spending habits.
Long-term, of course, you’ll need to separate your financial accounts. You need to close down shared bank accounts and open up new accounts for yourselves. But this isn’t going to happen right away and divorce can take months, so you still want to watch how your spouse is using the family finances to determine if any type of fraud is occurring.
Dissipating assets
One example of financial fraud during a divorce is if your spouse is trying to dissipate family assets. In other words, they’re trying to use the money as quickly as they can, buying assets that cannot be exchanged or returned. This way, they benefit from that money before they have to divide it with you.For example, you may have had $50,000 in a bank account. If it was split evenly, you’d each get $25,000. But your spouse may try to spend $30,000 before the divorce, meaning that you’ll get just $10,000. By dissipating family assets, they have deprived you of roughly $15,000 – and they got to enjoy spending the money.
Hiding assets
Another thing to look for is any financial transaction that is unexpected and involves a person your spouse knows. For instance, they may transfer the $50,000 directly to a family member or a close friend. This is simply a tactic to hide assets and keep them out of the divorce. Your spouse may say that they’re paying back a loan or something of this nature, but they’re actually planning to get the money back from their friend after the court case ends.If you are in a complicated financial divorce, take the time to consider all of your legal options.
]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Divorced couple’s frozen embryo battle reaches state’s high court]]>https://www.friendswoodfamilylaw.com/?p=471742024-06-08T15:38:07Z2024-06-08T15:38:07ZThere’s been a lot of renewed discussion and debate lately across the country around when life begins. Although the strongest debates have been around abortion, the issue of in vitro fertilization (IVF) has also come under some renewed scrutiny. In fact, IVF was briefly illegal earlier this month in Alabama as lawmakers and courts weighed the matter.
Here in Texas, in light of this debate over when life begins, a divorced couple is battling again over possession of the embryos they had via IVF while they were married. The outcome of their case could affect how our state sees frozen embryos under the law – not just for couples who are no longer together but for the fate of frozen embryos in Texas.
How the husband ended up with the embryos
When the couple divorced two years ago, the judge determined that the three embryos were property and should be given to the husband since his wife had signed an agreement that he would get them in a divorce. (She has since claimed that she didn’t understand what she was agreeing to.)Now, in light of the U.S. Supreme Court’s decision in a case that overturned Roe v. Wade and returnedabortion law to the states, the mother is renewing her argument that the embryos are human beings and should go to her. She’s petitioning the Texas Supreme Court to decide the matter.
The larger implications of the case
The woman’s brief requesting the high court to take the case says, "In the interest of providing the most robust protection to all life, embryos should be treated as children rather than as property during divorce proceedings.”Her ex-husband argues that the overturn of Roe v. Wade has nothing to do with the status of frozen embryos or their case. His response to his ex-wife’s legal action notes that the high court “should allow the legislature to have time to enact legislation that applies rather than the Court attempting to create law regarding frozen embryos.”It remains to be seen whether the Texas Supreme Court takes up this case. If it does, its decision would likely have ramifications for other Texas couples with frozen embryos who divorce. In the meantime, it’s critical for couples who freeze embryos to be aware of what they’re signing regarding what happens to those embryos in various potential situations – including divorce.
]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Are second marriages less likely to end in divorce?]]>https://www.friendswoodfamilylaw.com/?p=471722024-05-23T16:03:33Z2024-05-23T16:03:33ZMany people who get divorced will say that they made a mistake choosing their partner. This is often true with those who get married young. They may get divorced after just a few years, and they will acknowledge that they married the wrong person.
With this perspective in mind, they may naturally think that a second marriage would be more likely to last. For instance, maybe they were just incompatible with their original partner because the two of them had very different communication styles. This led to constant arguments. In a second marriage, they would pick someone they were more compatible with, which seems to suggest that the marriage would be more stable. But is that true?
A higher divorce rate
Some studies claim that the opposite is true. They note that roughly half of first marriages will end in divorce, but they also claim that that figure jumps up to 60% for second marriages.Why does this happen? There are many reasons. In some cases, people will bring baggage from their first relationship to the second one. For instance, if their first partner cheated on them, they may be very suspicious of everything their second partner does, and these trust issues could lead to a second divorce.Additionally, couples who have been through the divorce process already may be more likely to use it again. They already know what it takes to end a marriage if they’re unhappy, so it may not feel as daunting as it would to someone who has never been divorced before.
Your divorce options
Are you going through a first or second divorce? It can get complicated either way, so take the time to carefully consider all of the legal options at your disposal.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[2 important considerations to make with your co-parent]]>https://www.friendswoodfamilylaw.com/?p=471682024-05-07T23:04:09Z2024-05-07T23:04:09ZWhere will your child go to school?
Your child’s education is very important. You may want your child to go to college in the future. You may even want your child to pursue a high-income profession, but this goal may rely heavily on your child’s early education. You may need to talk with your co-parent to discuss what is expected out of your child’s education. Would your child go to public or private school? Private school may be more expensive than private school. Or, you may believe that homeschooling your child is better. However, your co-parent may not have the same idea in mind.
What should your child’s relationship with technology be?
You may have heard people call some kids the “iPad kids.” This is a specific generation of kids who were raised with iPads always in their hands. Many parents believe that giving kids access to the internet at an early age is beneficial. Other parents, however, are taking a different stance. These parents often believe giving children access to the internet at such an early age is harmful to their health and education. You may need to talk to your co-parent to decide whether it is best to give your child access to the internet or if it is better to wait until they are older.
Strong co-parenting is often accomplished via consistent communication and clear goals. If you are experiencing difficulties with your co-parent – such as disagreements on fundamental issues with no end in sight – then it may help to reach out for legal guidance.]]>On Behalf of Jana Landry Attorney at Law<![CDATA[Co-parenting communication during the chaotic summer months]]>https://www.friendswoodfamilylaw.com/?p=471652024-04-30T20:25:59Z2024-04-30T20:25:59ZSummer can be a particularly chaotic time for families, especially those navigating the complexities of co-parenting. Between varied vacation schedules, summer camps and the general upheaval from the regular school-year routines, maintaining clear and effective communication can be particularly challenging.
However, by employing some strategic planning and thoughtful approaches, co-parents can better ensure a smooth summer for both themselves and their children.
A few tips worth considering
If you co-parent with your ex, start the summer with a clear plan. Discuss and agree upon vacation dates, camp schedules and any special events that you each might want to take the children to. Use an online shared calendar that both parents can access and update as plans evolve, as a means of promoting transparency and facilitating effective planning. You can utilize technology more broadly to keep communication lines open as well. Apps designed for co-parenting can be particularly useful, offering features like message boards, expense tracking and shared calendars. With that said, even with the best technology and intentions can’t lead to clear-cut expectations at all times. Unexpected opportunities or issues can arise. Demonstrating flexibility can go a long way in maintaining a positive co-parenting relationship. If you or your ex needs to switch days or adjust plans, be open to discussing changes as long as they're reasonable. Finally, keep in mind that summer often inspires a more relaxed routine, but it’s important to maintain the boundaries set in your co-parenting agreement. Respect each other’s time with the children by not overstepping during scheduled periods unless previously agreed upon. Clear boundaries can help prevent conflicts and misunderstandings, and can facilitate effective communication as well. ]]>