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Believing these custody myths can harm your case

Navigating a Texas divorce can be hard, especially when it involves minor children. When it comes to child custody and support, the law encourages parents to prioritize the children's well-being and to work to come up with an optimal arrangement.

Many people harbor misconceptions about the way custody works in Texas. Acting upon them can actively damage a case and lead to an outcome that benefits neither parents or children. 

How to avoid distracted driving

There are many ways for drivers to become distracted while driving. It happens so frequently that over 1,000 people suffer injuries every single day in the United States as a result of distracted driving. 

There are some simple ways you can avoid an auto accident by becoming distracted. Everyone should know to avoid looking at their smartphones and texting while driving. Here are some other ways you can be a safer driver and substantially decrease your chances of being in a collision: 

Splitting a 401(k) in a divorce

Divorce becomes complicated the more assets a couple shares. While most couples will focus on the division of property and child custody, there is one issue many people tend to overlook: the 401(k).

A 401(k) is marital property. The spouses contribute to it, and similarly to buying a home together, it becomes open for division in the event of a divorce. Dividing a 401(k) can become messy, so it is important to prepare adequately and have an attorney assist you throughout the process. 

What are some myths about divorce?

Like many legal processes, divorce has its share of myths surrounding it. Some of these myths are widely accepted as fact and could even be preventing you from filing for divorce. So, it is important to know the truth behind any myths.

For instance, you do not need to get divorced in the state where you married. Suppose you said, "I do," in New York and later moved to Texas. No need to uproot your life and move back to New York. You can file from Texas. Now for a look at a few other myths...

Divorce and your family business

As a high-asset Texas couple who own a family business or professional practice, it likely represents your largest asset and your major, if not only, income source. Consequently, if you and your spouse are contemplating divorce, both of you likely are greatly concerned about how to fairly and equitably divide this asset between you.

Generally, you have the following three options when it comes to your business vis a vis your divorce:

  1. Sell it and divide the profits
  2. One of you buy out the other’s interest
  3. Continue owning it together

The most popular times of year to get a divorce

Fewer people divorce in the United States. In 2015, the divorce rate in the country hit a 35-year low, according to data presented by Bowling State University's National Center for Family & Marriage Research

Research suggests there are certain times of the year when married couples are more likely to call it quits. Divorce rates tend to go down around November and December. Most families celebrate holidays during this time, and they do not want to ruin the joyous time of year. Here are the times of year when divorce rates spike: 

Would a collaborative divorce be better for my kids?

Of all the negative aspects of your divorce, maybe the most consequential is its impact on your children. No matter what their ages, kids hate it when their parents fight. Sadly, fighting is just what you and your spouse can look forward to in a traditional litigated divorce. But it does not have to be like that. In Texas, divorcing couples can choose a more amicable and cooperative option called a collaborative divorce.

A collaborative divorce begins just like a traditional divorce. You and your spouse each hire an attorney. But the similarities end there. Instead of the two attorneys seeing themselves as bitter adversaries slugging it out in court, they see themselves as negotiation facilitators. Who are the negotiators? You and your spouse.

Can I protect my children from the conflict of my divorce?

Getting a divorce is a difficult emotional process. You may be experiencing feelings of heartache, anger and betrayal. While this is a normal part of divorce, it does not make it any easier. Unfortunately, your children are also likely to feel a range of unpleasant and heartbreaking emotions while you go through a divorce. You and other Texas residents who are divorcing may want to know the best ways to shield children from these very grown-up emotions.

You and your soon-to-be-ex may not be able to avoid all conflict during your divorce. After all, years of conflict and resentment likely led to your decision to divorce in the first place. Your children may not have been spared from much of this conflict during your marriage, but splitting up usually does not make it easier on them. Seeing their parents move on to live separate lives instead of working things out can be upsetting and even frightening. You might consider the following tips during and after your divorce to make things easier on your children:

  • Avoid the temptation to vent to your kids about your frustration with the other parent. Try to speak positively about your ex, or be neutral at the very least. Understand that your children should not feel like they must take sides.
  • Do not send messages to the other parent through your children or try to find out what your ex is up to on his or her own time.
  • When your children are at your home, stick to consistent rules and routines. They may have a different set of rules at the other parent's house, but they need consistency from at least one parent to feel secure.
  • Create good memories with your children, but avoid showering them with gifts and being lax on the rules to make the other parent look bad. Remember that your most important job is to be a parent and keep your children's best interests in mind.

How to keep emotions in check during a divorce

Divorce is rampant in Texas, but the city with the highest divorce rate in the state is Bonham. According to a recent article in USA Today, 18.9 percent of Bonham's adult population has gone through divorce

There are many difficult components of the divorce process, but one of the toughest involves setting aside your emotions from the separation. It may seem tough to manage your stress, anger and frustration while discussing child custody and alimony, but there are some tips for managing your emotions in a healthy manner. 

How do Texas courts decide child custody?

In Texas, as in most states, there are three processes that can be used for determining the custody of children.

In the first method, the two parties work collaboratively to reach an agreement. In this scenario, the parents (typically with the help of attorneys) find middle ground and amicably develop an agreement.

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