Tag Archives: divorce

The Effects of Divorce on Children

In the past, we’ve written about how child development is affected when Texas couples divorce. A study, which included 8,000 people, found that divorce can have a substantial impact on a child’s ability to form relationships later in life. But, how does divorce affect children during childhood? And what can parents do to minimize the impact?

Research Shows the Biggest Impact Is in the First Few Years

While some children may feel a lifelong impact from their parents’ divorce, research shows that most children feel the biggest impact in the first year or two after a divorce. A study published in the journal Family Law Quarterly concluded that children commonly feel stress, anxiety, anger and other strong feelings immediately after the divorce. But, most of the time, they are naturally resilient and bounce back quickly.

Effects of Divorce Are Different at Different Ages and Stages

Not all divorces affect children in the same ways. All families are different, but children can be impacted differently depending on their developmental stages. For example:

  • Very young children may struggle to understand why the divorce is happening or why their home lives are different.
  • School-age children may blame themselves for the divorce or spend time wondering if things could be their fault.
  • Tweens and teens may become angry, blaming one parent or resenting necessary lifestyle changes. Research has also associated divorce and adolescent adjustment problems, like getting bad grades in school or disruptive behaviors.

The way you address these impacts also depends on your child’s developmental stage. No matter what, it’s important to pay attention to how your child is affected and to take steps to work through matters with them. If you are looking for warning signs—like anxiety or anger—you’ll be better prepared to help minimize the impact of your divorce on your children.

The Effects of Divorce on Children | Schneider Law Firm, P.C.
817-799-7125 – Research shows that most children feel the biggest impact in the first year or two after a divorce, and the effects of divorce are different at different ages and stages.

How to Minimize the Impact of a Divorce on Your Children

There are many ways to minimize the impact of a divorce on your children. One of the most important is to avoid putting your child in the middle of family conflict. That means not talking badly about your ex to your children, not forcing children to choose between parents, and avoiding oversharing of sensitive or emotional information.

You can also try to help keep as many routines as possible in place. Continue attending events you always attended with your children and stick to family routines. Of course, things will be different, but comfort and consistency can help support your child through the challenging first year after a divorce.

Divorcing With Kids? Contact an Attorney.

If you need legal help protecting the best interests of your children during your Texas divorce, call the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125. Our Texas divorce lawyers are here to support you and your family.

Sources:

Your Temporary Orders Hearing: What to Expect

Ideally, a divorce will reach a resolution as quickly as possible. But that’s not always the case. Because divorces can take some time and life goes on, Texas courts often issue temporary orders that stay in place through the duration of the divorce. The temporary orders can protect your interests during the divorce process. Those orders are issued after a temporary orders hearing; here’s what to expect from them and the process.

The Temporary Orders Hearing Process

You may request a temporary orders hearing by having your lawyer file a “Petition for Temporary Orders” at the same time they file your other divorce documents with the court. The petition should outline the orders you are seeking, as well as the date and time of the hearing (your lawyer’s office will arrange this).

For most people, the temporary orders hearing is the first time they appear before the judge in the divorce process. It’s important to make a good impression at this hearing. 

Follow your attorney’s directions and allow them to do most of the speaking for you. The judge will likely ask questions of both parties’ lawyers so that he or she can come to a decision on the orders you’re seeking.

You probably won’t hear from the judge exactly what the temporary orders are at the hearing. Usually, the judge hears both parties’ sides. After the hearing, they deliberate on the best solution before issuing the order.

Your Temporary Orders Hearing | Schneider Law Firm, P.C. | iStock-619735158
817-755-1852 – Here’s what to expect at your temporary orders hearing in Texas, including what orders the court may make.

Issues the Court May Decide Upon During This Process

There are many different issues that can come before a judge during a temporary orders hearing, including:

  • Temporary child custody, including possession and access
  • Child support
  • Possession of an item in dispute, like the family cars
  • Health insurance

Temporary Orders Can Lead to Permanent Ones

While these orders aren’t permanent, it’s important to note that they can have a huge impact on the final outcome of the divorce. In many cases, temporary orders become the arrangement that the family grows accustomed to. During the finalization of the divorce, it makes the most sense for the court to issue a final order that is similar to the temporary one. That’s why your attorney will take the temporary orders hearing seriously. 

Contact Us for Help With Your Divorce

If you’d like more information about temporary orders during a Texas divorce, you might also be interested in our Q&As about temporary orders. And if you’re considering a divorce, talking with a lawyer is a good way to get real information about things like temporary orders. For a confidential consultation, call our Ft. Worth office at 817-755-1852 .

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

What Is Considered Abandonment in a Texas Divorce?

Marriage can be hard. And, when things get hard, some spouses walk away. When a spouse leaves the relationship, it can be confusing for the remaining spouse to know what to do. Texas law offers guidance, and the lawyers at the Schneider Law Firm, P.C., can help protect your interests.

Abandonment as Grounds for Divorce

Abandonment is one of seven different “grounds for divorce” listed under Texas law. Abandonment can be grounds for divorce if your case meets two different requirements:

  1. Your spouse left with the intention to abandon you
  2. Your spouse stayed away for at least a year

This can be challenging to prove. To use abandonment as grounds for divorce, you must show the court that your ex-spouse left with the intention to never come back. Just leaving is not enough. The intent to leave you permanently must also be there.

Further, the spouse must have been gone for at least a year. Logistically, this can be a problem for the spouse left at home, as they struggle to pay the bills and take care of the children. It’s hard to make ends meet as a single parent before a divorce is filed and a child support order is issued.

Abandonment in a Texas Divorce | Texas Divorce
817-755-1852 – When a spouse leaves the relationship, it can be hard for the remaining spouse to know what to do. The lawyers at the Schneider Law Firm, P.C., can help.

Emotional Abandonment 

Physical abandonment is most-often considered when discussing abandonment as grounds for divorce, but emotional abandonment can be a factor in a divorce, too. Emotional abandonment happens in situations where one spouse has given up all interest in the other spouse. For example, when one spouse has become so addicted to drugs that they cannot be emotionally present for their spouse, they may be seen to have emotionally abandoned the marriage. Talk with your attorney about your options if you feel that your spouse has emotionally abandoned you and your family.

Abandonment: What Courts Can Do

If a judge finds that your spouse has abandoned you, he or she might divide your community property accordingly. Judges have the power to divide property in relation to fault in a marriage. You may be entitled to receive a greater share of community property if your spouse has left the marriage and is not coming back.

When a Spouse Has Left, Get Legal Help

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about abandonment by a spouse. We can help you understand the divorce process and what next steps to take. Call 817-755-1852 to talk with us about your situation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

What Are the Grounds for Filing for a Divorce in Texas?

 “Grounds for divorce” is a phrase that comes up a great deal when a person is thinking of ending a marriage. You might have heard it on TV or in conversations with your friends. But, what does it mean? And how do Texas courts view grounds for divorce?

The Law on Grounds for Divorce in Texas

Under Texas law, there are seven grounds for divorce:

  • Insupportability: Courts may grant a marriage without assigning fault if they find that the marriage has become insupportable. That means that the spouses are experiencing so much discord and conflict of personalities that the marriage cannot be saved. Insupportability is the most common grounds for divorce because it doesn’t assign blame to either spouse. In that way, it can be compared with “no-fault divorces” in other states and is listed as the reason when both spouses want the divorce.
  • Cruelty: Courts may grant a divorce in favor of one spouse if the other spouse is so cruel that the marriage has become insupportable. Cruelty can take many forms. Physical violence can be cruelty. So can be belittling the other spouse, continuous rage and anger.
  • Adultery: Courts may grant a divorce in favor of one spouse if the other has committed adultery. 
  • Conviction of a felony: Conviction of a felony or imprisonment for at least one year can be grounds for a divorce.
  • Abandonment: Abandonment can be grounds for divorce is a spouse left with the intention to abandon the other and stayed away for at least a year.
  • Living apart: Living apart can be grounds for divorce if the spouses have lived apart for at least three years without living together at any point.
  • Confinement in a mental hospital: Confinement in a mental hospital can be grounds for divorce when a spouse is in a mental hospital and their condition is such that, even if they do come home again, relapse is probable.
What Are the Grounds for a Texas Divorce? | Texas Divorce
817-755-1852 – Under Texas law, there are seven grounds for divorce. These include insupportability, adultery, abandonment and cruelty.

How Do Grounds for Divorce Impact Dissolution of Marriage?

While grounds for divorce often has little impact on whether the judge will grant a divorce, it can affect the way a Texas judge divides community property, assigns child custody or orders child support. It is possible for a wronged spouse to receive a greater share of the community property in a divorce or more time with the children.

When a spouse has had an affair, committed a felony or been especially cruel and abusive, judges can consider the situation when issuing the final order. For that reason, it’s important to talk about the grounds for divorce with your lawyer and choose the approach that best matches your situation.

Contact Us for Help With Your Divorce

If you’re considering a divorce, talking with a lawyer is a good way to get real information about the grounds for divorce. For a confidential consultation, call our Arlington office at 1-817-755-1852 .

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

How Can I Enforce Court-Ordered Property Division?

Sometimes dissolution of marriage continues much longer and is more stressful than anticipated because one spouse refuses to follow the rules. In cases where an ex refuses to follow court-ordered property division, there are things you can do to help make sure the order gets enforced.

Enforcing Property Division in a Divorce

If your ex-spouse isn’t following the property division orders set out by the court, you’ll need to go back to the same court to have the order enforced. You’ll file a lawsuit asking the court to enforce the order. The lawsuit won’t ask the court to change the original order or your divorce decree in any way; it will just ask the court to specify how the property should be divided. 

As with other legal actions, the other party must receive notice. Then, they’ll need to respond or risk getting a default judgment made against them.

How Can I Enforce Property Division? | Texas Divorce
817-799-7125 – In cases where an ex refuses to follow court-ordered property division in Texas, you can take legal action, asking the court to enforce the order.

Timeline: When Can I Ask the Court to Enforce a Property Division Order?

You’ll need to wait at least 30 days after the court-ordered property division before asking the court to enforce it. But, don’t wait too long. There is a two-year statute of limitations on these claims. That means that you must file your lawsuit within two years of the date that the court issued the original order. (Of course, talk with a lawyer about your situation, even if you worry that the statute of limitations has passed. It’s better to be safe than sorry!)

Remedies: What Can the Court Do?

Perhaps the ex-spouse isn’t following the property division order because the order is unclear, so asking the court to clarify the order is a good starting point. If the motion to clarify does not result in the desired outcome, you can file a motion for the delivery of property.

If your ex-spouse still refuses to comply with the property division order, your lawyer can file a motion for contempt. Courts can order money damages and even have your ex-spouse sent to jail if they are found to be in contempt of court. The court can also force your ex-spouse to pay your court costs and attorney’s fees.

Get Help With Property Division Enforcement. Contact an Attorney.

Divorce is stressful enough, even when both spouses play by the rules. It’s important to have an experienced attorney on your side. If you need legal help with enforcing a property division order, you can start by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 . Our Texas divorce lawyers are here to support you.

Source:

https://texaslawhelp.org/article/enforcing-property-division-divorce#toc-1

After How Many Years of Marriage May Courts Order Spousal Support for Divorcing Couples?

“How many years do you need to be married before courts will order alimony in a divorce?” 

It’s a common question that many people ask, especially when they face the end of a long-term marriage. The truth is that when a marriage ends, the assets that formerly supported one household must now be divided to support two. This can leave many divorcees worried that things might not add up. 

Questions about alimony—otherwise known as spousal support or spousal maintenance—often arise as a way to address apparent inequities.

Texas Spousal Maintenance Law

In Texas, courts can order spousal maintenance during the dissolution of marriage or in a separate legal proceeding specifically seeking maintenance. Courts may order spousal maintenance when two requirements are met. The first is that the spouse seeking maintenance will lack sufficient property after the divorce to meet that spouse’s “minimum reasonable needs.”

The second requirement can be one of a few different things (like domestic violence in specific situations, or that the receiving spouse takes care of the couple’s child with a physical or mental disability). The second requirement can also be that the spouse seeking maintenance has been married to the other spouse for 10 years or longerand lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs.

So, generally and without other important circumstances involved, a person must be married 10 years or longer before courts will order spousal maintenance in a Texas divorce.

Spousal Support for Divorcing Couples | Texas Alimony | Schneider Law Firm, P.C.
817-799-7125 – Without other important circumstances involved, a person must be married 10 years or longer before courts will order spousal maintenance in a Texas divorce.

A Longer Marriage Can Mean That Payments Continue for a Longer Time

What’s more, the length of the marriage is a factor that courts consider when they decide how much spousal maintenance to order and how long the payments should continue. The law specifically outlines that, unless the spouse’s ability to earn an income is otherwise limited:

  • Payments cannot continue for more than five years if the marriage was shorter than 10 years
  • Payments cannot continue for more than five years if the marriage was between 10 and 20
  • Payments cannot continue for more than seven years if the marriage was between 20 and 30
  • Payments cannot continue for more than 10 years if the marriage was 30 years or more

Talk With an Attorney About Spousal Support

Of course, the law is very detailed, and a blog post can’t tell you everything you need to know in your case. The only way to get answers that apply specifically to your situation is to talk with a lawyer. If you’d like help sorting out legal issues related to spousal support and divorce, start by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 . Consultations with our attorneys are confidential.

Is There Ever a Right Time to Get a Divorce?

At the Schneider Law Firm, P.C., in Fort Worth, we often hear from people who waited years before they divorced. They knew that the marriage wasn’t working a long time ago, but they tried to make it work. Sometimes, it was for the kids. Other times, it was due to financial insecurity or fear of what their families or friends might think.

While there is no right time to file for divorce, we can tell you this: Divorce is a personal decision. We have handled divorces between young couples who were married for only a short time. We have also handled gray divorces between couples who spent years and raised children together.

You’ll have to look for the signs and listen to your gut in order to decide what’s right for you. Sometimes, talking with a professional—like a lawyer or a therapist—can help you sort out your concerns. A professional can answer your legal questions, help you sort out your financial concerns and the emotions involved.

Is There Ever a Right Time to Get a Divorce? | Schneider Law Firm, P.C.
817-755-1852 – At the Schneider Law Firm, P.C., in Fort Worth, we often hear from people who waited years before they divorced. We can tell you this: There’s never a right time.

Look for the Signs That It Might Be Time to Divorce

If you’re wondering whether it’s time to leave your spouse, it’s a good idea to look for some telltale signs, including:

  • You’ve already started to make divorce plans. You might not be ready to admit it to yourself yet, but when you’re arranging things so that it would be easier to divorce, it’s a clear sign that you may be ready. Separating your financial lives, interviewing for a new job and doing research on the Internet are all things that people do when they know in their hearts the marriage isn’t working.
  • You’re feeling fearful. When you live in fear of your spouse’s temper, or when your spouse takes abusive actions, it’s a clear sign that it’s time to go. Many spouses live in fear for months or even years before they decide to leave a marriage. It can start to seem like things that would otherwise be unheard of are normal.
  • You always argue, or you never do. Arguing all the time can be a sign that it’s time to divorce, especially when you find yourself doing things to provoke your spouse. But, not arguing at all can also be a sign that a marriage isn’t working. Sometimes, when spouses stonewall each other, it can be more detrimental to the marriage than yelling.

Need Advice About Your Divorce Decision? Ask a Lawyer.

If you aren’t sure whether you want a divorce, talking with an attorney can help bring you clarity. The consultation is confidential, so your spouse will never know you had the conversation. And there’s no pressure to act unless and until you’re ready.

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions and help you understand what the process and future might look like if you moved forward with a divorce. Call 817-755-1852 to talk with us about your situation.

Source:

https://www.oprahmag.com/life/a26040141/should-i-get-a-divorce/

The Children’s Bill of Rights in Texas

In any legal matter that affects your child—whether it’s a divorce, a paternity proceeding or the modification of an existing court order—your child has the right to be a child, free from the fighting that can overwhelm adults’ lives.

Texas has created a “Bill of Rights” for children, helping them live their lives as kids without getting caught up in adults’ legal affairs. They encourage parents to share the Bill of Rights with all the adults in their child’s life, including babysitters, grandparents and stepparents. All adults in the child’s life are expected to conduct themselves accordingly.

What Is the Children’s Bill of Rights?

The Children’s Bill of Rights is a list of 31 bullet points. Each one outlines behavior that’s expected of the adults in a child’s life. Essentially, it’s a list of “do’s and don’ts.” It can really help things run smoothly in child custody matters, and following the Bill of Rights can help your kids stay happier throughout the divorce process.

What Are My Child’s Rights?

The Children’s Bill of Rights lists out many different rights that your child has, generally including things like:

  • Parties involved in the child’s life shouldn’t badmouth each other or say foul or abusive things in front of the child.
  • Parties shouldn’t let children overhear detailed legal arguments or negotiations.
  • Parties should let the child use the telephone to talk with the other parent.
  • Parties shouldn’t attempt to influence the child to like one parent over the other.
  • Parties should let the child hang pictures of the other parent or other family members in the child’s room.
  • Parties should not trivialize or deny the existence of the other parent to the child.
  • Parties should acknowledge that the child has two homes.
  • Parties shouldn’t communicate moral judgments about a parent’s lifestyle choices to the child.
The Children’s Bill of Rights in Texas | Schneider Law Firm, P.C.
817-755-1852 – Texas has created a “Bill of Rights” for children, helping them live their lives as kids without getting caught up in adults’ legal affairs. Call our Ft. Worth law office for more info today.

Contact Us to Protect Your Child’s Rights

When we represent parents in divorces, we work hard to help minimize the impact of the legal matter and to resolve things as quickly and effectively as possible. That way, parents can move forward and successfully co-parent the people they love most in the world: their children.

If you have concerns about how a divorce may affect your child, talking with an attorney is the best way to get answers and protect their rights. For a confidential consultation, call our Ft. Worth law office at 817-755-1852.

Source:

https://newtools.cira.state.tx.us/upload/page/6803/docs/District%20Court/childrens_bill_of_rights.pdf

Helping Children Cope With Divorce

Divorce can be one of the most challenging things that anyone experiences. And for a child, the impact can be life-changing. At Schneider Law Firm, P.C., parents often ask us how to help their kids cope with divorce. We work hard to help them resolve issues while minimizing the impact and making things easier for their children.

Take Care of Yourself

Divorce often comes with worry about finances, changes to the family schedule and overall conflict. It can take a toll on even the healthiest parent. To help your kids cope, make sure that you are managing your own stress appropriately. That way, you’ll be there for them when they need you.

Keep the Details of Divorce Away From the Kids

It’s also important to keep the details of your divorce between you, your ex, your lawyers and the court. Your children don’t need to know exactly who said what, especially when a divorce is heated—like when infidelity was involved. 

To keep your divorce just between adults:

  • Keep letters, emails or text messages locked up or password-protected. Older kids may be curious about exactly what’s going on, and they’ll seek out details that you may not want them to know.
  • Talk about the details outside of your home. Kids are often listening when you think they aren’t. It’s a good practice to have divorce-related conversations with your friends outside of the home. Just because the TV is on or the child is in the next room does not mean that they’re protected from hearing things that could be hurtful.
  • Avoid fighting in front of the kids. At the beginning of the divorce, agree with your spouse that you won’t fight in front of the kids. Parenting-time handoffs should be about working together to co-parent effectively.
  • Do not badmouth your ex, no matter how tempting it may be. Even when you really want to say something negative, hold back. Vent to your therapist, supportive friends and family members instead. Nasty comments can have a great and unintended impact on a child.

Let Your Kids Know That It’s Okay to Feel However They Feel

Some kids react to divorce right away. Others deny that they’re having any feelings, often as a way to attempt to hold onto “normalcy.” Regardless of how your child reacts to the divorce, remind them that they can always come to you to talk about how they feel. For very young children, you might have to put words to their feelings. For example, “it sounds like you feel sad that things have changed.”

Also, be prepared for and open to however your children feel. It’s not uncommon for children to feel relieved, happy and excited about the future when their parents divorce. Discuss positive emotions just as you would negative ones. These feelings are just as valid.

Talk With an Attorney About Divorce and Your Child

If you’d like help reducing the impact of a divorce on your child, start by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 . Consultations with our attorneys are confidential.

Source:

https://kidshealth.org/en/parents/help-child-divorce.html

Can I Date While Getting a Divorce?

Relationships are complicated. Sometimes, an interest in a potential new partner becomes the impetus for a divorce. Other times, a divorce takes so long that life continues for months or even years. Spouses become eager to make a connection with someone and to feel desirable again. No matter what the reason, many people find themselves wondering whether it’s okay to start dating before the divorce is finalized.

Of course, each situation is different and it’s impossible for an attorney to give legal advice without meeting the client and knowing their individual situation. 

Is Dating During Divorce OK?

Generally, most divorce lawyers tell their clients to avoid dating while the divorce is pending. Here are several reasons why.

Dating Causes Tensions 

When your soon-to-be ex learns that you are dating someone new, they are less likely to treat you favorably during the divorce process. You may experience increased challenges when it comes to child custody and property division – even if your ex originally claims to be supportive.

Dating Can Cause a Divorce to Take Longer and Drive Up Costs

When your spouse is less likely to cooperate with you, they are more likely to make legal challenges that can increase the cost of your divorce and the time it takes to finalize.

Dating Can Reflect Negatively on You 

When the divorce is pending, you are still technically married. In any divorce disagreement where your ex calls your moral character into question, dating may be used against you. While courts aren’t known to be especially harsh on dating, it’s better to be safe than sorry.

It’s Best to Give Yourself Time 

A marriage that didn’t go well and a divorce that caused tensions can take a physical, mental and emotional toll. Giving yourself time can help you heal and learn who you are as a single person before becoming part of a couple again. You may find that you feel stronger and bring more to your next relationship when you’ve had time to rebuild on your own.

What to Do Instead of Dating

While your divorce is pending, you should avoid dating. But that doesn’t mean you have to avoid having a social life. Experts recommend staying active with a group of friends instead of just one person. Be clear about your situation and set expectations upfront. If you are feeling lonely, it might be a good idea to find a divorce support group. Many local churches offer them, for instance.

Contact Us for a Consultation About Your Divorce

So, it’s probably best to avoid dating. However, every situation is different. The team at Schneider Law Firm, P.C., is there to support you in your situation.For a confidential consultation about your divorce, call our Arlington office at 817-755-1852 .