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divorce Archives

Shared custody cases are on the increase in family law.

Many in El Paso, Texas might not expect the area of parenting time in family law cases as an area of change, but it is. Since the 70's there is a different perspective on how courts and parents view the issue of child custody and visitation. Though the best interest of the child remains the overriding concern, courts often look differently at what constitutes the best interest.

Divorce and mortgage assumption or refinancing

One decision Texas couples who are getting a divorce may have to make is who will get the family home. Once the decision is made, there is still more work ahead if one spouse is going to be removed from the joint mortgage. While it also possible for both parties to remain on the mortgage, this puts the non-occupant at risk of a serious dent in credit scores if a mortgage payment is missed.

Divorce and claiming dependents

Texas parents who are divorced or separated can claim their kids as dependents on tax returns. This can lead to several valuable tax benefits, such as the Earned Income Tax Credit, the Child Tax Credit and the Child and the Dependent Care Tax Credit. However, if more than one person claims the same dependent on their tax returns, complications can arise and the Internal Revenue Service will have to decide who can claim the dependents.

Using a prenup to protect a business in a divorce

A prenuptial agreement, or postnuptial for couples who are already married, can be a way for business owners in Texas to protect their enterprises if they get divorced. Some people may worry that these documents are ways to cheat a spouse out of a rightful share of marital property, but this is not necessarily the case. Instead, this agreement allows a couple to make decisions about how to divide property in an atmosphere that is less contentious than a divorce would be. A pre- or postnup can make the divorce process less difficult.

Tips for reducing conflict during a divorce

Some people in Texas might think of divorce as a process that inevitably involves conflict, but this does not have to be the case. Conflict in divorce can be resolved in a positive way, and being able to do so can make the divorce less stressful and lead to a healthier relationship between parents.

How parents can negotiate a custody and visitation schedule

Parents in Texas who are getting divorced must plan a child custody schedule. If they are unable to agree on a schedule, they might have to go to litigation. However, the disadvantage here is that a parent might end up with less time with the child than was offered during negotiations.

How divorce can affect retirement funds

When Texas couples decide to divorce, they may be especially concerned about the division of their retirement funds. After all, these accounts may be their largest assets, and they may take years to accumulate to their current form. According to a survey of divorce lawyers, retirement accounts are among the three most contentious issues for separating couples. The other top two issues are also financial in nature -- alimony and business division.

Eliminating or alleviating debt can save marriages

After communication breakdown and infidelity, financial issues are often cited as being among the main causes of marital strife. Many couples in Texas face financial challenges before they get married, and this often turns into a recipe for disaster after they tie the knot. Once spouses start getting into disputes about financial hardships related to debt, divorce could be around the corner.

What to do if one parent is jeopardizing a child's safety

Texas parents who are concerned about their child's safety with the other parent during a divorce may not always have an easy time convincing a court that the other parent's access to the child should be blocked. One man, who said he had always been his 7-year-old son's main caregiver, was worried that his wife would drink and drive with the child in the car. He was also concerned about the fact that their son was with her and that she had cut off contact.

Ben Affleck, Jennifer Garner officially end marriage

Not everyone in Texas pays attention to celebrity couples and their marital woes. However, the situation involving Ben Affleck and Jennifer Garner is a perfect example of the circumstances that can determine the direction a relationship takes. The two stars met while making the 2003 film "Daredevil" together. After dating for a few years, the actors tied the knot in 2005. Following a decade together, the award-winning stars decided to separate in 2015, reportedly because of Affleck's infidelity.

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