Allison Strauss, Attorney at Law, PLLCKingsville Family Law Attorney | Divorce2024-02-28T20:42:21Zhttps://www.kingsvillelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201922/2022/06/cropped-Site-Graphic-1-32x32.pngOn Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530962024-02-27T20:42:44Z2024-02-28T20:42:21Z1. Effective communication
Effective communication lays the foundation for successful co-parenting. For example, open and respectful dialogue can make a big difference when you co-parent with an ex-partner. Similarly, consistent communication allows for the smooth coordination of schedules and parenting decisions. It boosts the overall well-being of your child.
2. Shared respect
Despite any differences or disagreements, treat your ex-partner with courtesy and consideration. Recognize each other's parenting strengths, and acknowledge the value each brings to the child's life. This fosters a cooperative environment and bolsters the effectiveness of co-parenting.
3. Consistency
Children thrive on routine and predictability. Consistency across households can provide them with stability during a time of transition. Consistent rules, expectations and disciplinary approaches help minimize confusion. They also promote a sense of security for your child.
4. Child-centric decisions
Decisions should always prioritize the best interests of the child. As parents, you both must make important choices regarding education, health care and extracurricular activities, among other things. Set aside personal differences. Focus on what is most beneficial for your child's growth and development.
5. Boundaries
Set clear boundaries to lower stress and maintain healthy relationships. Establishing clear guidelines around communication, decision-making and personal space can increase respect and cooperation.
6. Support
Co-parenting can be hard. It is a good idea to seek support. Options include therapy, support groups and online resources.
With these steps, you can create a nurturing environment where your child thrives.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530952024-01-04T18:36:49Z2024-01-04T18:36:49ZServe as evidence
Social media provides a window into the lives of those undergoing a divorce, and what people choose to share can shape opinions. Innocent posts, such as pictures or updates about social outings, can become evidence in divorce cases. For instance, a seemingly carefree post about a night out may become proof of a lack of commitment to familial responsibilities.
Expose financial details
Individuals should exercise caution when sharing information about purchases, vacations or other financial transactions. These details could become something the other party uses to influence the division of assets or other financial details of the divorce agreement.
Proof of emotional state
Posts can become proof of a party's emotional state. Negative or inflammatory posts might show a person is unable to handle their emotions. They could be something the other party uses in fighting for child custody or when making a case about the division of parenting responsibilities.
Anything on social media can become evidence in a divorce case. Privacy settings on social media platforms do not always guarantee protection. Individuals going through a divorce must be mindful of their online presence and consider the potential impact of their posts on the case.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530942023-11-02T16:59:15Z2023-11-02T16:59:15ZChild custody decisions
If you have children and cyberstalk your ex, the court may perceive you as an unstable or unfit parent. Such behavior can lead judges to question your capability to provide a safe environment for your children. In turn, this might affect child custody decisions, granting the other parent more custody rights or even sole custody.
Restraining orders
Engaging in cyberstalking can lead your ex-partner to request a restraining order against you. The courts take such behaviors seriously, and if there is evidence of cyberstalking, they are more likely to issue a restraining order, limiting your interactions with your ex-partner and possibly your children.
Division of assets
While Texas is a community property state, meaning assets acquired during the marriage are generally split equally, behavior like cyberstalking can impact these decisions. The court might view such actions as a breach of the marital contract, leading them to allocate assets more favorably to your ex-partner.
Personal reputation
Cyberstalking can tarnish your reputation. Friends, family and even employers who become aware of such actions might view you in a negative light. This can impact personal relationships and even professional opportunities in the future.
If you are facing a divorce, it is important to act responsibly and avoid behaviors that might harm your case. Cyberstalking your ex is not only ethically wrong but can also lead to serious consequences in your divorce proceedings. It is essential to focus on positive coping mechanisms and, if needed, seek help from a therapist to navigate the emotional challenges of a divorce. Remember, a respectful and amicable approach will serve you best in the long run, both legally and personally.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530932023-08-31T19:43:30Z2023-08-31T19:43:30ZMust prove separate rights
Separate property is any asset that a spouse obtained prior to the marriage. This property does not fall under the community property rules for division, and the owner retains all rights to it without having to share the asset with the spouse. However, it falls on the individual to prove separate rights. The spouse may need to provide records, receipts and other documentation as evidence of the claim.
Can retain certain property
There are some categories of other property that are not community property by nature. These include inheritances kept separate, gifts given to the individual and court settlement payments.
May need to pay for full rights
Sometimes separate and community property mingle. For example, one spouse bought a house prior to the marriage, but the couple made payments on the mortgage after the marriage. In this case, the owner may need to pay the other spouse for the payments made during the marriage since that money was community property.
It is also worth noting that the court is under no obligation to equally divide property as long as it follows the community property law. The court also cannot touch assets or debts exempt as separate property.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530922023-07-04T21:27:13Z2023-07-04T21:27:13Zmore prepared you are walking into mediation, the better your chance of success. Consider some tips to inform your mediation approach.
Be in the right state of mind
Keeping an open mind and remaining patient ensures you present yourself well during the process and allows you to reach a compromise more efficiently. Mediation offers more flexibility than litigation. Therefore, approaching it with a willingness to be open allows you to take advantage of the benefits, particularly the ability to customize an agreement to more closely meet your wants and needs.
Present your case to the mediator before the mediation
The more information the mediator has, the better. It is up to both parties to provide them with the information they need to help form an opinion and develop a compromise that will benefit everyone involved. If you have legal representation, you can ask them to draft a position statement and share how you define reasonable and unreasonable demands.
Prepare to close
Entering mediation with the intention to bring negotiations to a close successfully can set the mood for the entire process. You can already have an agreement drafted and signed before you leave the session. Bring everything you need to make that happen and you tell yourself that is the end game, rather than getting everything you want.
When both parties willingly compromise, mediation offers a faster and more efficient solution to solving disputes.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530912023-05-02T19:15:28Z2023-05-02T19:15:28ZThe age for involvement
Even though children may want to take part in the decision over their future living arrangements, parents may want to protect them from the emotional challenges that accompany lengthy court sessions or interviews with lawyers. However, the court allows children 12 years and older to interview with the judge and talk about their opinions, desires or wishes concerning custody.
While the child is able to talk freely with the judge, the child does not have the final say in where he or she will live. The judge does not have to use the child’s wishes in making the determination. The judge must take the following into consideration:
The circumstances of the case
Any changes in circumstance if a custody agreement is in place
Whether or not the child’s wishes are in the best interest of the child
The court understands that children of any age are potentially susceptible to parental manipulation during this process.
The ability to testify
In many cases, the court will appoint an advocate to talk to the children involved and gather information on the interests and arrangements to help the child remain healthy and happy. In these cases, this advocate is the one to testify during the case or submits a report for use in the judge’s decision-making.
Children have the option to get involved with the custody arrangements. However, they do not have the final decision.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530902023-03-01T19:59:23Z2023-03-02T19:59:16Z1. Start or resume a hobby
After divorce, you probably have much more time on your hands. Find the silver lining in your newfound free time and start a new hobby or pick up an old one you let go by the wayside in the busyness of raising kids.
2. Do something for yourself
A divorce is a taxing time, whether you have children or not. However, closing this chapter in your life allows you to start the next. Get out of the house and do something you enjoy, such as shopping, golfing or going to a restaurant. Consider inviting a friend or family member to keep you company.
3. Make plans for the next time you see your children
Instead of focusing on how much time you are not spending with your kids, look forward to planning activities for the next time you are together. You can create opportunities for quality bonding time by incorporating mutually enjoyable activities.
4. Find a caring ear to listen
Whether it be a close friend, family member or mental health counselor, find someone to share in meaningful conversation. Your frustrations and feelings are valid, and talking about them might help you make sense of your experience and work toward acceptance and healing.
Divorcing with children is a unique challenge. In time, with some mindfulness and support, you can begin creating a new chapter of your life that brings you happiness.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530892022-12-28T23:39:30Z2023-01-05T23:38:32ZCommon causes
Recently, the U.S. has seen a rise in gray divorces. Other countries across the globe have also noted similar statistics. With these on the rise, many people have begun to wonder why this is occurring. Some of the most common causes of gray divorce include:
Abuse
Addiction
Lack of happiness
Empty nest syndrome
Financial problems
Additionally, modern society places less stress on maintaining a traditional family structure. That means things like grandparenthood are not a factor that prevents divorce.
Unique attributes
Gray divorces are often more challenging because they have unique attributes. The most complicating factor is that many older couples have been together for a long time and have a considerable amount of marital property. Additionally, it can include unique financial challenges, such as dividing pensions and retirement plans.
Moving on
A gray divorce does not mean that individuals must spend the rest of their lives alone. Instead, it is essential for both parties involved in the divorce to move on and enjoy the remainder of their life, although it can often be challenging for those who have had the same spouse for a long time.
Divorce is possible for individuals over 50. However, it involves unique attributes that require a careful approach to protect an individual's interests. Like in a younger divorce, coming to a civil agreement is the best option. That said, even the most civil cases can be emotionally distressing for those involved.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530872022-11-02T19:57:02Z2022-11-02T19:57:02ZDo you need sufficient grounds to petition for divorce?
An uncontested divorce that both spouses find to be mutually agreeable does not require any additional justification or explanation. If your spouse contests the divorce, however, you may have to prove that you have sufficient grounds for petitioning for a split. This is usually an incident or behavior that causes your marriage to be irretrievably broken.
Is adultery sufficient grounds for a divorce?
Adultery is not illegal in Texas, but the court may see it as an act of marital misconduct that can validate your desire for a divorce. The extent of one party's misconduct can also factor into other matters throughout divorce proceedings, such as the division of marital property. Keep in mind that finalizing your contested divorce might entail attending court-mandated mediation in order to reach a settlement.
Though circumstances differ on a case-by-case basis, adultery can be sufficient reason for a judge to grant you a divorce even if your spouse contests it. You can strengthen your case with irrefutable evidence of marital misconduct and strong legal advocation.]]>On Behalf of Allison Strauss, Attorney at Law, PLLChttps://www.kingsvillelaw.com/?p=2530852022-08-30T15:18:50Z2022-08-30T15:18:50Zrecent statistics, there are one and a half divorces per 1,000 Texans. Here are five of the most common things that Texas couples cite as reasons for ending their relationships.
1. Irreconcilable differences
While a broad term, irreconcilable differences can be loosely defined as any unresolvable dispute between spouses. This can include disagreements over things like life goals, opinions on parenting, long-distance relationships and a work-life balance. Additionally, differences in religion and beliefs are often too broad of a gap for married couples to reach a middle ground and lead many to consider divorce.
2. Finances
Married people often find that they have very different opinions when it comes to spending habits, which can lead to stress in the marriage. For example, thrifty spending may be a priority for one partner while the other likes to spend a little extra for fun.
3. Communication problems
Poor communication between spouses is a common factor in divorce. Often, misunderstandings and frustrations lead to fighting because couples do not communicate effectively.
4. Infidelity
When unfaithfulness occurs, damage to the union is often irreversible. Infidelity is one of the leading causes of divorce among Texas couples.
5. Substance and physical abuse
When a spouse suffers from an addiction and does not receive adequate help or relapses, it can lead to quarrels and abuse, which places significant stress on a marriage and often accelerates a spouse's decision to leave.
While everyone has different reasons for wanting a divorce, these factors are common among Texas divorcing couples.]]>