Tag Archives: divorce attorney

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.

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/

How Will a Global Pandemic Affect Divorce Rates?

As many Americans face lockdowns with their spouses–and more quarreling in already tense relationships–they find themselves wondering if divorce is looming on the horizon. How do significant historical events affect the divorce rate? And what does this mean for us?

Divorce and 9/11

Sometimes, when things are uncertain, couples seek comfort with the familiar. One notable example is 9/11. Immediately after the terrorist attacks in New York City, the divorce rate dropped by 32%. The rate dropped in New York and the surrounding area, as well as in other large cities, like Los Angeles.

A similar divorce rate drop happened after the Oklahoma City Bombing in 1995. Couples simply chose to stay together rather than separate during a difficult time. However, the divorce decrease may not have lasted that long. While couples chose to stay together immediately following the event, the divorce rate eventually increased in the long term.

Divorce and the Wars in Iraq and Afghanistan

One study of military families found an increase in the divorce rate for soldiers deployed to Iraq and Afghanistan after 9/11. The divorce rate directly correlated to the amount of time the military spouse was deployed in a war zone. 

Couples that experienced deployment to war zones were 28% more likely to divorce within three years of marriage, compared with couples that experienced similar deployment in more peaceful times before 9/11.

The 2013 RAND Corporation study found that, after deployment to Iraq and Afghanistan, couples faced the increased stress of being apart, as well as the stresses that can come when a military spouse returns to civilian life–like PTSD.

Divorce and Natural Disasters

Stress of all types can have an impact on the divorce rate. Studies have generally found that the stress of natural disasters drives couples apart. After Hurricane Katrina devastated New Orleans, for example, the divorce rate notoriously spiked. Divorce rates also increased after Hurricane Hugo, Hurricane Andrew and Hurricane Sandy.

Divorce and COVID-19

The New York Times recently reported that, in China, where the novel coronavirus forced hundreds of millions of people into lockdown, the number of divorce applications surged in at least two Chinese provinces when restrictions were lifted.

So, how will coronavirus affect the divorce rate globally? Only time will tell. The global pandemic is unprecedented. While there have been other pandemics, this one comes at a unique time in American history where divorce is more accepted than earlier in history.

Reach Out to Our Team for Divorce Help

At the Schneider Law Firm, P.C., we understand the major stresses that COVID-19 and the things that come with it–like social isolation and job loss–can put on a marriage. If you would like to seek legal counsel, our attorneys can help you achieve the best possible outcome. For a confidential consultation, call our Arlington office at 817-755-1852 or send us a message.

Sources: 

https://www.nytimes.com/2020/03/27/world/coronavirus-lockdown-relationships.html

https://www.rand.org/news/press/2013/09/03.html

https://slate.com/technology/2012/11/sandy-birth-divorce-and-marriage-rates-how-disasters-influence-families-and-relationships.html

Considerations for Special Needs Children in Divorce

Approximately 40-50% of marriages within the United States end in divorce. Some of these divorces involve special needs children and children dealing with disabilities of all forms: physical, learning, emotional and behavioral. The divorce process can become extremely complex if there are children with special needs involved.

Planning for Medical Care & Long-Term Expense

Special needs children must have access to medical care in many forms. For example, the child will need access to advanced medical care but may need behavioral healthcare as well. Although child support and insurance may cover a bulk of these expenses, they won’t cover it all.

For some children with severe disabilities, long-term care may be required, even after they turn 18. Some of these expenses may include long-term or permanent medical care, as well as skilled care housing facilities.

Each spouse must work together and consider these expenses as they negotiate asset division during divorce. For example, assets received by the child may hinder their ability to qualify for government benefits. Plus, other financial safeguards such as trusts may be required to fully protect the child in the future.

Visitation & Custody Considerations

Depending on the severity of the child’s disability, traditional visitation and custody arrangements may not be what’s best. For example, switching back and forth every other week may wreak havoc on a child’s wellbeing. All children need structure, especially during life-changing situations such as divorce.

Parents must also determine who’s responsible for transporting the child to and from medical appointments, school and other activities. This may also directly affect a visitation and custody arrangement, especially if the child’s transportation needs are complex.

Considerations for Special Needs Children in Divorce
817-799-7125 – As a parent of a child with special needs, your divorce will be complex. To learn more about what to consider during the process, visit us today.

The Bottom Line: You Must Plan Ahead

If you and your spouse are considering a divorce involving a special needs child, you must be willing to compromise and work together to plan ahead. We recommend working with a professional attorney who can help you understand the legal implications of your divorce and to create a plan that will best protect your child.

Don’t Try to Handle the Complexity Alone

You and your child deserve to feel protected as you journey through the divorce process. An attorney can help. To learn more about your options, reach out to our Arlington, TX, law firm today by calling 817-799-7125.

Contested vs. Uncontested Divorce: Understanding the Differences

In law, there are generally two types of divorces: contested and uncontested. If you’re considering a divorce, you must understand the differences between the two, so you can move forward in the best way for you and your family.

Defining Uncontested & Contested Divorce

In every divorce, couples face many critical decisions involving:

  • Property settlement and division of assets and debts
  • Spousal support
  • Child custody and visitation
  • Child support

If both you and your spouse are able to agree on these decisions, your divorce can follow the uncontested divorce path. If you’re unable to agree, however, your divorce is considered contested and will follow the more traditional divorce path we’re prone to seeing displayed on TV. 

Understanding the Differences
817-755-1852 – There are two types of divorce including contested and uncontested. Although they both result in a dissolution of marriage, they have unique differences. To learn more, visit us today.

The Differences Between Contested & Uncontested Divorce

Typically, uncontested divorces resolve faster than contested divorces because they do not require a trial. Also, without a trial, uncontested divorces tend to be less expensive than contested divorces. 

Another difference lies in cases that do not settle. In uncontested divorces, both spouses are able to negotiate and reach a compromise that works best. In contrast, contested divorces sometimes result in a judge making the final decisions due to lack of agreement.

Contested divorces normally arise due to disagreements with property division, child custody and alimony. Fault may also be a driving force behind a contested divorce, resulting in spouses unwilling to negotiate. Although uncontested divorces deal with the same concerns, they’re often not as emotionally charged. Instead, both spouses may agree that it’s time to settle in the simplest way possible.

Even Contested Divorces Can Reach a Resolution Through Mediation

Some divorces start as contested due to the inability for both parties to reach an agreement alone. Professional mediation attorneys can help each spouse negotiate in a healthy way, often resulting in contested divorces becoming uncontested without court.

Mediation involves you, your spouse and a neutral third-party. During the process, you’ll work together to resolve any disputes, reach an agreement and move your divorce forward.

Are You Considering a Divorce? Call an Attorney.

If you’re considering a divorce in Texas, you don’t have to do it alone. Whether contested or uncontested, a lawyer can help you understand your options. Reach out to a professional divorce attorney who can help. Give our Fort Worth, TX, law office a call at 1-817-755-1852 today.