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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.