COVID-19 UPDATE: We are open to serve you, with in office visits, remotely via teleconference, & video conference. Call Today!

Category Archives: Family Law

5 Myths About Divorce You Shouldn’t Believe

Divorce can be a trying process. It can be especially confusing and hurtful when misinformation and myths taint your outlook on divorce. To protect your mindset, there are some myths you must stop believing now.

1. My Spouse Is At-Fault, So I’ll Walk Away With Everything

We know this is an emotional time. It’s normal to want to retaliate against someone who hurt you. Yet, in Texas, marital property belongs to both you and your spouse—no matter who’s at fault. Trust that the court will work to divide your assets equitably and fairly.

2. The Court Always Favors the Mother When Making Custody Decisions

The court will do what they feel is in the best interest of the child. In many cases, the mother has been the primary caregiver for the child, resulting in the mother being chosen for custody. Yet, the court doesn’t favor one party over the other. Instead, they’ll consider all facts before making a decision.

3. Keeping Property in My Name Will Protect It From Division

Separate property is property you acquired before the marriage. While it may be protected in divorce, you risk losing it if you commingle it with marital property. For example, if you use your inheritance to purchase your marital home, those funds are no longer separate. 

Regardless of whose name is on a title or loan, you’ll still have marital interest. It’s up to the court to decide how to divide all marital property.

4. I Need My Spouse’s Approval Before Getting a Divorce

Many years ago, the court required you to have spouse approval before getting a divorce. Now, one spouse can file for a contested divorce. There is no legal requirement stating your spouse must agree to the divorce for the court to grant it.

5. I Can Get Divorced Without the Help of an Attorney

Many DIY solutions exist in the legal industry, especially for divorce. Yet, divorces are difficult and complex situations that require a professional to best protect your interests. A divorce attorney can help you decide which steps are best for you to take and fight on your behalf.

Questions About Divorce? Let the Schneider Law Firm Team Help.

Each divorce is unique. You need the support of a professional attorney who can help protect you. To learn more about your divorce or to speak with an attorney, give our Arlington law firm a call at 817-799-7125 or send us a message.

Understanding the Different Types of Child Custody & Visitation

During a divorce with children, you and your ex-spouse must reach a custody agreement. If you and your ex cannot create an agreement on your own, the court will decide what type of child custody is best for your child, as well as any applicable visitation arrangements. 

Understanding Child Custody

There are two parts to child custody: include legal custody and physical custody. Let’s dive a bit deeper into both.

Legal Custody

Legal custody gives you the ability to make critical decisions on your child’s behalf. These decisions can include, for example, where your child will attend school and what doctor they’ll see. Legal custody can be given to one parent (sole) or both parents (joint). 

Physical Custody

Physical custody refers to where your child lives. For example, you may have sole physical custody, which means the child lives primarily with you and your ex-spouse has visitation rights. Or, you might share physical custody, which means the child lives with you part of the time and your ex-spouse part of the time. 

In some cases, custody arrangements include one parent with legal and physical custody. In other cases, both parents will share legal custody with one parent having physical custody. It all depends on what the court decides is best for your child.

What Types of Visitation Are Available?

If sole custody is included in your custody agreement, you or your ex-spouse will be awarded visitation, so that you may be with your child on a regular basis. There are two common visitation methods used frequently by the court:

  • Unsupervised visitation: In unsupervised visitation, the parent can take the child to their own home or on any outing without supervision.
  • Supervised visitation: Courts will sometimes order supervised visitation, which means the parent must visit their child while another adult is present. This adult may be someone appointed by the custodial parent or a social worker designated by the court.

Call the Team at Schneider Law Firm Today for Custody Help

Child custody can be difficult to understand on your own. If you’re considering a divorce, reach out for help. For answers to your questions or to speak with a divorce attorney today, give our Arlington law office a call at 817-799-7125 or send us a message.

How Property Is Divided During a Divorce in Texas

A divorce is a stressful time with many moving parts, including the division of property. If you’re considering a divorce, you might be wondering how your marital assets and property will be divided in court. States divide property using one of two methods: community property division and equitable division.

Texas Is a Community Property State

In Texas, property is divided using the community property method. This means that the property acquired during your marriage belongs to both you and your spouse and must be divided equally. 

What Is Separate Property?

The only property not eligible for division is separate property—property you or your spouse owned before the marriage. For example, if you receive an inheritance from a family member before the marriage, you’ll be able to keep it. Other examples of separate property include gifts and recoveries from individual legal proceedings.

For any property to be separate, you must prove it belongs to you in court. This may be as simple as providing bank statements or other documentation. In other cases, you may require the assistance of a divorce attorney.

The Division of Community Property

For property that’s considered community property, Texas law requires the court to divide the property fairly and equitably. There are many factors when considering who receives what portion. For example, the court will consider fault in the dissolution of marriage, child custody, employability of each spouse and more.

What About Our Family Business?

If you and your spouse’s business was created during your marriage, it’s eligible for equal division at the point of divorce. If it’s a small business such as a sole proprietorship, you may be able to keep your assets. Yet, if you own a corporation with many assets, it may need to be divided. The court will do what’s best for you and your business.

Allow Us to Help You Through Your Divorce

Property division can be tough, and you shouldn’t handle it on your own. Allow the team at Schneider Law Firm, P.C. help you through. To learn more about your divorce, give our Ft. Worth law office a call at 817-755-1852 or send us a message.

A History of Divorce

Even though it may seem like it only exists in modern times, divorce is not a new phenomenon. The history of divorce is long and interesting. At the Schneider Law Firm in Fort Worth, Texas, we guide clients through the divorce process nearly every day. We’ve developed an appreciation for the legal and emotional complexities that have been intrinsic to divorce since the beginning.

Henry VIII and Catherine of Aragon: A Notable Divorce

The most celebrated divorce case in history involves the marriage of Henry VIII and Catherine of Aragon. Beginning in 1527, Henry VIII begin asking Pope Clement VII to annul his marriage to Catherine. The Pope refused to grant the annulment. Finally, in 1533, he broke with Rome and created the brand new Church of England. Under the rules of the new church, he was able to end his marriage. The end was technically an annulment, although many people talk about it as a “divorce.”

The end of this marriage with a new church did not lead to a rash of divorces and annulments in England. The Church of England turned out to be even stricter than the Catholic Church when it came to granting annulments. In Protestant England, it was relatively rare for couples to end their marriages.

The First Divorce in America

The first recorded divorce in America took place when Massachusetts was still a Colony. The records show that Denis Clarke was accused of abandoning his wife Anne Clarke for another woman. Denis and Anne had two children together, and Denis and the other woman also had two children together. When Denis refused to return to Anne, the court punished him by granting Anne a divorce.

No-Fault Divorce: The Beginning of Modern Divorce

In 1969, when Ronald Regan was governor of California, he made a political move that he later listed as a major regret. Seeking to end the long court battles and false allegations that often came with at-fault divorces, he signed into law the country’s first no-fault divorce act. The act removed the requirement that one spouse must be at fault for the end of the marriage, and it led to similar acts being signed into law in almost every other state.

In the years that followed, the divorce rate more than doubled. Divorce rates did not continue to climb exponentially, however. Divorce rates have ebbed and flowed with the times, and many societal factors continue to affect them.

If You Need Divorce Help, Call Us Today

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about the divorce process and help protect your rights no matter what challenges you are experiencing. Call 817-755-1852 to talk with us about your situation.

Sources: 

https://www.smithsonianmag.com/history/heartbreaking-history-of-divorce-180949439/

https://www.history.com/this-day-in-history/first-divorce-in-the-colonies

https://www.nationalaffairs.com/publications/detail/the-evolution-of-divorce

Who Gets to Stay in the House During a Divorce?

The family home is the most commonly divided piece of property during Texas divorces. It’s also one area of deepest concern for divorcing couples. Dividing a family home is more than just a financial question. Family homes come with many sentimental attachments, and they can be the center of family life. So, who gets to stay in the house during a divorce?

Texas Law on Division of Real Estate

Generally, Texas is a community property state. Texas law divides property acquired during the marriage equally. Each spouse contributed to the finances, so each should get an equal share. Of course, things can be complicated. When one spouse purchased the family home before the marriage, it may be treated as separate property. Or, a portion of it may be treated as separate property. 

Because you can’t divide a house in two, divorcing couples may decide that one spouse stays in the house and the other gets a greater portion of the assets. They may also decide to sell the home and split the proceeds equally, or that one spouse can stay in the home, and the other gets a portion of the equity.

Temporary Orders While a Divorce Is Pending

At the beginning of the divorce process, your lawyer may ask the court to issue a temporary order affecting things like child custody, child support and the family home. The temporary order may say that one spouse resides in the home while the divorce is pending, until the final resolution of the divorce.

Negotiation, Mediation and the Family Home in Divorce

During the divorce process, you and your spouse will have a chance to negotiate important matters like child custody. If staying in the family home is important to you, let your attorney know. Your lawyer can negotiate on your behalf to help you stay in your home.

Sometimes, couples engage in mediation to resolve their divorces. In mediation, couples can decide how to divide their assets. While a court might divide community property equally without special considerations, couples who are open to working together to make decisions about their futures can have greater control over the outcomes of their divorces.

At the Schneider Law Firm, P.C., we work to protect your interests during a divorce. For a confidential consultation, call our Fort Worth office at 817-755-1852. We can answer your questions about the division of real estate in Texas and about your family home.

Source: 

https://texaslawhelp.org/article/divorce-real-estate

How to “Get Over” a Divorce

“How to get over a divorce” is one of the most common questions that people ask Google. The answer is complicated. There’s no way that a person can “get over” divorce—the life experience personally changes a person. Yet, there are many proven ways to move forward with your life after a divorce.

Get Support From People Who Lift You Up

Don’t go through this alone. When you’ve gone through a divorce, you need support from people who can help you move forward with your life. Surrounding yourself with the right people is critical. Those people may be professionals, like a good therapist, or good friends you can connect with.

Although you might be reluctant to try it, there are also many support groups for recently divorced people. Trying out a support group might be an unexpected source of strength.

Take Time to Explore Your Interests

Divorces often take up so much energy it can feel impossible to focus on anything else—especially when children are involved. But, sometimes making time for those other things turns out to be the best way to move forward.

More than thinking about what you’ve lost, think about the opportunities you have to try new things or to return to things you once enjoyed. Divorces can mean new exercise routines, classes, travel and experiences that you otherwise would not have been able to enjoy.

Take Care of Yourself

“Self-care” is a hot topic, but it’s also important. When you’ve just gone through a divorce, know that everything doesn’t have to be normal right away. Give yourself time to grieve the loss of a significant part of your life and go easy on yourself. If you don’t eat healthy food 100% of the time, if you stay home instead of going out, if you don’t volunteer for that extra project at work, that’s all okay. Rest can give you the strength to move forward to a new phase of your life.

Think Positive

It can be easy to get caught up in negative feelings related to your divorce but try to stay positive. Thinking positively can help give you the energy and hope you need. It is possible to get over a divorce—meaning you can embrace the future and make your future something great.

Questions About Your Divorce? Contact an Attorney.

Call the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 to talk with us about your family law needs during a divorce or afterward. Our Texas divorce lawyers are here to support you and your family.

What Are the Most Common Reasons for Divorce?

Researchers have conducted many studies on divorce over the years. While studies produce differing results, there are some common themes. At the Schneider Law Firm, P.C., serving Arlington, Texas, we find that our clients commonly have experienced the following issues in their marriages.

Infidelity: Not Staying Faithful

Studies often list cheating as a leading cause of divorce. Infidelity can lead to divorce because it often represents a breach of trust that couples struggle to overcome. When infidelity occurs, it permanently shifts the dynamic in the relationship. Some marriages end right away. Other times, couples try to overcome the infidelity but find they are unable to.

Incompatibility: Differing Values and Interests

Incompatibility is a big category, and there are many different reasons that couples can be incompatible. We often talk with people who cite incompatibility as a reason for their divorces. It can happen when couples were not clear and honest with each other before entering into the marriage. It also happens when people change over time.

Incompatibility can involve differing ideas about:

  • Whether or not to have children
  • Finances, including where money is spent and keeping good financial habits
  • Faith and religion

Substance Abuse: Drinking or Drug Use

Substance abuse and divorce are inextricably intertwined. Marriages are statistically more likely to end in divorce when one or both partners drink in excess or use drugs. Often, issues span generations. Partners with substance issues commonly have grown up in homes with parents who abused substances, and those parents were more likely to be divorced. 

Growing Apart

People don’t stop changing after they get married. They continue to develop, reaching different stages and changing their viewpoints on issues. Especially when people marry young, they find that their ideas about themselves, their goals and the world change substantially.

When you change—and when your partner changes—it’s possible to realize you no longer want the same things and you and your partner would be happier if the marriage ended.

If You’re Thinking About Divorce, Talk With a Lawyer

If you are considering a divorce—no matter the reason—talk with the lawyers at the Schneider Law Firm, P.C., in Arlington at 817-799-7125. Consultations with our attorneys are confidential. We can talk with you about your options and help you understand what steps to take.

Sources: 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4012696/

Special Considerations in a Military Divorce

Divorce is a trying time for many, especially those within the United States Armed Forces. Although the divorce process doesn’t change for service members, there are some unique challenges involved.

Special Considerations in a Military Divorce

Every divorce case is different. This is most evident in military divorces. Some of the special considerations that arise during a military divorce include:

  • Child support calculations: If a parent is deployed overseas, tax issues may arise that directly impact the calculation of child support payments.
  • Child custody and deployment: Creating a solid and efficient child custody plan becomes challenging when one parent is deployed. 
  • Modifications due to changing circumstances: In the military, change is inevitable. Child custody, alimony, or child support modifications may be required to accommodate new changes such as deployments or relocations.

Another difference lies in your retirement benefits. State and federal laws allow both spouses to access military retirement benefits due to divorce. According to the Uniformed Services Former Spouses’ Protection Act, a court can award up to 50% of a service member’s retirement pay to an ex-spouse. 

Of course, the division depends on many factors such as the length of active-duty service. This protection complicates property division in a military divorce.

The Servicemembers Civil Relief Act and Divorce

When one or both spouses are currently deployed, divorce can become a bit tricky or may need to be postponed. The Servicemembers Civil Relief Act protects all active-duty service members while on active duty. The act prevents service members from being taken to court for civil proceedings such as divorce and child support hearings. 

The protection begins on the date of entering active duty and ends within 30 to 90 days after discharge. 

Call the Military Divorce Attorneys at Schneider Law Firm

As you can see, you must enter a military divorce with care. We recommend reaching out to an experienced military divorce attorney who can guide you through the process. Allow us to support you along the way. To learn more about military divorce or to discuss your case, call our Ft. Worth office at 817-755-1852 or send us a message.

When to Consider Modifying Your Child Custody Order

A child custody order explains the custody arrangement for your children and is often created during a divorce or legal separation. If your order no longer works for you and your family, you can request a child custody modification in court.

When Should You Consider Modifying Your Child Custody Order?

Here are common reasons why a parent may seek to modify an existing custody order.

  • A parent is relocating: If you or your ex-spouse decides to relocate to a distant location, the court will consider changing the custody order. 
  • A child is in immediate danger: If abuse is suspected in the current household, the court will consider a modification.
  • A parent’s work schedule changes: If either spouse’s work schedule changes, a modification may be required to ensure a child can attend school and other activities.
  • A parent’s health changes: If a parent receives a diagnosis requiring medical attention, the order may need to be modified to ensure a child’s life isn’t interrupted due to medical care.

Other reasons for modifications may include the death of a parent, custody order violations, remarriage and a parent’s inability to provide childcare.

The court may not consider changing a child custody order if it appears to work. After all, they’re most concerned about what’s in the best interests of your children. If a modification will disrupt your child’s life, the court will want solid reasons why it’s a must.

The Child Custody Modification Process

If you believe you have a solid reason for modification, you must file a petition or motion to modify child custody in court. Once filed, the other parent will receive notice of the motion. The case will then reopen and follow a similar process as the original case. If you can prove your case for modification, you and your ex-spouse will receive a new custody order reflecting the changes.

We recommend reaching out to an attorney who can help you determine your options and how to best proceed.

Reach Out to Schneider Law Firm in Ft. Worth Today

Do you believe you need a child custody order modification? If so, we’re here to help. To learn more about custody modifications, call our Ft. Worth office today at 817-755-1852 or send us a message.

The Consequences of Not Defending a Protective Order

During a divorce or child custody case, false allegations of violence are often made, resulting in a protective order. A restraining order turns your case into a criminal matter that requires proper defense. Without defense, there are far-reaching consequences that may go even further than damaging your case.

The Effects of a Protective Order on Your Case

A protective order or restraining order is a court order used to protect a party from further harm from another party. For example, it’s often used to prevent further violence, abuse or harassment. If you are served with a protective order, you must defend yourself to avoid the court finding you:

  • Unfit to share joint custody of your children
  • Unable to be trusted with unsupervised visitation with your children
  • At fault for the end of your marriage, resulting in your spouse receiving a larger share of community property or spousal support from you

You Must Secure Protective Order Defense

It is the court’s responsibility to decide what’s in the best interests of your children with the facts given. You must secure protective order defense to protect yourself. In some cases, it’s possible to discover the victim of an order of protection is actually the perpetrator. Yet, it takes someone experienced to dig deeper and gather evidence in your favor.

We recommend reaching out to an experienced divorce and defense attorney who can guide you through this trying time.

What if the Allegations Are True?

If violence or abuse of any kind has occurred, there’s a defense available for that as well. You can seek help for your past mistakes. Before a case can be made in your favor, you’ll need to take some additional steps such as seeking therapy or anger management. An attorney can help you decide what next steps you should take to help you and your case.

Protective Order? Reach Out to the Attorneys at Schneider Law.

Have you received a protective order during a divorce? It’s possible to find help. Our attorneys have experience in both criminal defense and family law, ensuring you receive the guidance you need. To learn more about protective orders, call our Arlington office at 817-799-7125 or send us a message.