Jana Landry Attorney at LawJana Landry Attorney at Law2024-03-18T21:36:42Zhttps://www.friendswoodfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100865/2021/02/cropped-JL_FAV-32x32.pngOn Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471552024-03-18T21:36:42Z2024-03-18T21:36:42ZAre you worried about losing your home when you get divorced? It’s understandable. You and your spouse are joint owners and you have to divide your assets. You may assume that this means you’ll have to sell the house, transforming it into a financial asset that you can split in half.
And that is one option that you have, but do not assume that it is required. There are a few different ways that you can keep the house if you’d like.
Surrendering other assets
One option is to give up other assets in exchange for your spouse’s ownership of the home. They may be willing to take a vacation property or a retirement account, for example. You can then take over their ownership share, refinance your mortgage and become the sole owner. Even if your spouse refuses to trade other assets, they may allow you to buy their ownership percentage if you qualify for a mortgage that makes that affordable.
Owning the home together
In certain situations, it may actually be beneficial for you and your ex to continue owning the home jointly. It could help your custody arrangement, for example, if you’re thinking about bird nesting. You may also think of your home as an important investment property, believing that you’ll make more money if you sell it in the future, so you may decide to continue as co-owners until it seems like the ideal time to put the home on the market.You do have a lot of options during a divorce, but you can see how they may make the process a bit more complicated. Take the time to carefully look into all of your legal options when getting divorced and dividing marital assets.
]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471532024-03-05T03:15:49Z2024-03-05T03:15:49ZCommunity property – a refresher
In Texas, all property acquired during the marriage by either spouse, with some exceptions, is considered community property and subject to roughly equal distribution between spouses. Examples include:
Income: Salaries, wages, bonuses and commissions
Assets: Real estate, vehicles, investments and luxury goods
Debts such as mortgages, loans and credit card balances are also subject to this division.
As mentioned, certain assets may be exempt from community property law. Assets acquired as a gift or inheritance usually remain separate property, as do those owned before marriage or acquired with separate funds during marriage.
Property acquired in another state
It may be easiest to explain “quasi-community property” with an example. Say you and your spouse once bought a home while you lived in a state with equitable property division laws rather than community property.
If you now live in and are getting a divorce in Texas, your home in another state, if you still own it, would probably fall under community property law. In other words, property bought elsewhere that would have been community property if bought in Texas is distributed under community property law in Texas divorces.
Explaining these assets is complicated enough, but dividing them fairly in a divorce is even more complex. Understanding different forms of property and how it may be at risk is just one step. Getting experienced legal guidance is a beneficial next step, especially in a high-asset divorce involving complex property.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471512024-02-19T20:05:04Z2024-02-19T20:05:04ZIssues that have to be addressed
In your parenting plan, it’s important to spell out as many of the details of your virtual visitation as possible. These concerns include:
What devices will be used for the virtual visitation? Any specific apps?
Which parent will provide the electronic devices used for virtual visitation?
If a phone plan or internet service is required, which parent will pay the cost?
How often will virtual visitation occur, and at what days and times?
What privacy measures need to be in place to facilitate the parent-child relationship?
Does the child’s age and abilities factor into the situation? Will they need help with devices?
What steps will the parents take to coordinate virtual visitation times?
If a child is banned from their electronics as a disciplinary measure, how will that affect their virtual visitation? Does the parent with physical custody of the child have the unilateral power to make that decision?
It’s also smart to discuss what degree of flexibility can be expected when there are unforeseen circumstances. Addressing how scheduling can be modified for temporary changes in circumstances can also help keep the process conflict-free. A well-developed parenting plan is the best way to make sure that all these issues are addressed in advance.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471492024-02-07T17:52:43Z2024-02-07T17:52:43ZHealthy boundaries are critical when it comes to co-parenting, whether it's a calm or high-conflict co-parenting situation. You and your co-parent being on the same page about what to do and what to avoid can reduce the chances of misunderstandings in the future.
Here is how you can set boundaries:
Choose a communication method and time
How will you contact each other? When should this happen? How can you reach out to each other during emergencies?When you and your co-parent agree on these matters, you can have effective communication, which can reduce conflicts.
Agree on topics to discuss
In addition to choosing a communication channel, it's vital to set boundaries on the topics to discuss. For example, you can choose to only discuss subjects related to your children and avoid matters that may have led to the divorce or your new relationships.
Consider technology
Technology is positively impacting co-parenting. Co-parents can now use various platforms to set reminders, upload vital documents, share videos of the kids, request a schedule change and so on. And while offering these benefits, such platforms can help co-parents set boundaries. They won't need to call each other now and then since all the details one needs can be found on the particular platform.
Be consistent
Staying consistent is a healthy principle between co-parents. You and your co-parent should agree on drop off/pick time, disciplinary action, bedtime and vacation plans.Not only can this help your children feel secure, but you and your co-parent will be clear on what's expected of you.Limits are crucial in co-parenting. You need to have healthy boundaries regarding the above-discussed matters. Legal guidance can help you establish a peaceful co-parenting plan.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471462024-01-25T03:30:01Z2024-01-25T03:30:01ZWhat is parallel parenting?
A typical parallel parenting plan suits formerly married couples who don't get along well. You may also hear this situation referred to as a high-conflict divorce. Unlike co-parenting, which relies on parents staying in close contact, parallel parenting serves those who prefer not to speak to each other.
Setting up a parallel parenting plan
A plan should be in place before you and your child's other parent begin parallel parenting. This plan handles important child custody matters while minimizing contact between a child's parents.
Setting a schedule is one of the most important parts of a parallel parenting plan. This schedule should create a plan letting both parents spend time with their child. It's also vital for this plan to cover holiday-related plans and other special occasions. Most plans also cover handling delays and cancellations from one or both parents.
Is parallel parenting beneficial?
Parallel parenting can benefit children and parents in the right situation. Being parallel parents can help ensure children spend equal time with each parent without feeling in the middle of unwanted conflicts. Due to most parallel parenting plans being so detailed, they also help ensure parents avoid any confusion or uncertainties.
If a child's parents trust each other enough to handle day-to-day concerns for their children, parallel parenting can be a great way for two adults to raise their child post-divorce.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471432024-01-16T04:36:09Z2024-01-16T04:36:09ZThere is less time to recover
Obtaining a divorce after the age of 50 can be especially problematic because there is less time to replenish your emergency or retirement fund. Your financial woes may be exacerbated by the fact that living on your own costs more than living with a spouse. Therefore, you may need to return to work or put off retirement to ensure that you have money for food or a source of affordable health insurance.
The impact on your family
You may assume that your adult children will have an easier time getting over your divorce. However, they may still mourn the loss of what they had for the past several decades. Furthermore, depending on your relationship with your spouse, it may be necessary to hold separate family events throughout the year. Ultimately, your kids may still feel as if they have to choose between their parents, which is never ideal regardless of how old your son or daughter is.
You may be able to make divorce easier on yourself by being proactive as it relates to obtaining financial and other records. Bank statements, the deed to the house and other records may be used to bolster your argument that a given asset is community property. These records may also establish that you should receive alimony or other assistance from your spouse as part of a final settlement.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471392024-01-03T16:31:53Z2024-01-03T16:31:53ZCreate a team of support
Creating a team of support is crucial when you are going through a divorce while you or your ex-partner is struggling with a mental health disorder. Handling child custody disagreements, moving arrangements, and financial decisions is not always easy to do, especially if you or your ex-partner is struggling mentally. Discussing alimony and family law issues ahead of time will help create a working plan of action that is optimal for you and the future you see for yourself.
Document the process
Anytime you are dealing with a partner who is hostile or reactionary due to his or her diagnosed mental condition, it's essential to keep track of evidence. Document interactions, agreements, text messages, photos, and unprovoked arguments to help prove your side of the case during the divorce proceedings. This may also help facilitate additional mental health resources that can assist everyone involved.
Request character witness letters
While working on your case with those you can trust, they may suggest requesting character witness letters, especially if children are involved in your divorce case. Character witness letters help demonstrate your ethical behavior and interactions in everyday life.
Seek professional therapy or counseling
In some cases, seeking counseling or therapy may help prove your case, depending on the surrounding circumstances involved with your divorce.
Building the right support and legal system around you can help significantly anytime you are going through a divorce involving mental health issues.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471362023-12-15T15:43:46Z2023-12-15T15:43:46ZThe role of calendars
When you and your spouse separate, it becomes important to establish a fair arrangement for spending time with your child. Typically, this involves dividing the time equally and creating a schedule that suits both parties. Before any legal proceedings, only you, your partner, and your lawyers know this schedule. Without maintaining a record, your partner could argue that you did not spend as much time with your children as they did, and you would lack proof to counter their claim. However, by keeping a detailed calendar of your time and activities with your child, you can present it as compelling evidence in court to support your case for equal child custody arrangement.
Types of calendars
The first is a traditional paper calendar, where you can quickly jot down your time with your child and any other important notes or events. Then, there is a digital calendar, which you can share with your partner and easily access on multiple devices. This allows for real-time updates and changes to the schedule without the risk of losing a paper calendar.
For a foolproof method, you can also opt for a co-parenting app specifically designed to help separated parents manage their child custody schedule. These apps often have features like in-app messaging, expense tracking and shared document storage, making communication and organization between co-parents more efficient.
You can choose whichever type of calendar works best for you and your co-parent, but the most important thing is to stick to it and keep a record of the time spent with your child. This helps in legal proceedings and ensures that both parents are equally involved in their child's life.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471332023-12-04T03:57:21Z2023-12-04T03:56:49ZThink about what is best for the children
As with all aspects of child custody, successful co-parenting is about putting the children first. If you are thinking about how your children can best enjoy the holidays, you must be flexible about how they spend these days. You might not get everything you want, but if your children are the priority, then you can understand why it might be important for them to spend some time with their visiting grandparents on their other parent’s side of the family, for example.
Plan early for the holidays
Waiting until the last minute to discuss holiday plans with your co-parent can create unnecessary conflicts between you and affect the children’s enjoyment of the holidays. However, you can sit down early on and negotiate how you will approach the holidays. Some of the things you can do include:
Listing the family gatherings and other holiday events you each want to take the children to
Reviewing your child custody order to go over any holiday parenting schedule included in the order
Creating a holiday parenting schedule focused on the children if you did not have one included in the order
Co-parenting during holidays will also include time away from the children, which might
be difficult emotionally. However, you can also see this as an opportunity to treat yourself by seeing friends and family that you might not have spent time with in a while. You can also take the opportunity to create new memories with your children during the time you are with them, helping them enjoy the holidays even more.]]>On Behalf of Jana Landry Attorney at Lawhttps://www.friendswoodfamilylaw.com/?p=471302023-11-16T04:55:25Z2023-11-16T04:55:25ZMatters related to executive compensation
Executive compensation packages will vary from person to person. In some instances, an executive could receive year-end bonuses based on performance. Others may receive additional perks, such as a paid corporate car or travel reimbursements. Stock options could be the more complex benefit, as a company could pay someone in shares of the stock, but they must work for a certain number of years to receive such compensation.
Stock options could be complex to understand because their value may differ from what it is worth today to what it will be worth when the executive chooses to cash out. Weighing the value of these stock options might become a critical part of divorce settlement negotiations.
Fair distributions
There are several reasons why both spouses may consider an equitable settlement. For someone with limited earning potential, seeking a proper distribution of the assets and receiving spousal support could be helpful. A thorough examination of an executive compensation package may help determine what is equitable. Child support also factors into the process. Receiving appropriate child support could help ensure that any children from the marriage are being cared for after the high-asset divorce.
There may be issues of contention that arise during settlement negotiations. Working with a mediator might resolve such issues, and the divorce might end amicably.]]>