So you have accepted the inevitable, the divorce has been filed, and so has the response. Your divorce is moving forward.
Now what? There are numerous things that can occur: you can appear before the Judge, mediation, or a mixture of the two. Normally, divorce cases end in mediation, which is a good thing. Mediation is a way for both parties to compromise on what property they have acquired during the course of the marriage, also referred to as the “marital regime.” Together you decide who gets what and how much. This includes all property that is considered part of the marital regime.
Additionally, if you have read my previous blog posts, this is where a PRENUPTIAL AGREEMENT would come in.
This is not the end of the word, and, believe it or not, mediation is normally the best way for both parties to get what they want in the end.
Just a heads up, there is no duty to mediate! You cannot force your spouse to mediate with you, and if they decide not to then this could be a long and drawn out process for everyone involved. If this is the case, it is imperative you seek legal guidance. Know your rights and what you are entitled to since all of your financial and personal information must be presented to the Judge for her to make the final determination regarding the distribution of your assets and debts if you and your spouse cannot compromise.
Mediation is nothing to be afraid of. It is a helpful part of the process, and your attorneys are here to guide you through this process.
Remember, failure to plan is planning to fail. Give us a call! (832) 305-7694.
Valentine’s Day, a commercialized holiday used to exploit the true meaning of love with the purchasing of flowers, jewelry, candy, dinner, etc. This day is used to symbolize love and happiness but sometimes just the opposite occurs.
For instance, you are notified that your significant other wants a divorce on Valentine’s Day!
What do you do next? Some people would say, seek counseling and see if your marriage can be saved. This is a great avenue to explore, the majority of marriages dissolve due to irreconcilable differences so its completely plausible that you and your significant other can get back on the same page to save your marriage. Other’s may say, beat your significant other the punch by filing suit first. Honestly, if a divorce proceeding is imminent, it doesn’t matter who files first, the process will be the same.
What is most important is that you are informed of what your rights are and what you are entitled to receive if that unfortunate day comes. Divorce is a horrible ordeal that takes a toll of the best of people but being properly equipped to handle the coming 6 months to a year of litigation that comes along with the divorce itself will provide peace of mind.
It is imperative that you speak with an attorney to learn what your rights are and how an attorney can help you navigate the legal system. Divorce is not easy, with the complex issues of custody, child support, spousal support, division of community property, etc. being involved it is a bit overwhelming. An attorney will provide you with the guidance you need to properly handle every aspect presented by a divorce proceeding.
And let’s face it, if your significant other really lets you know they are divorcing you on Valentine’s Day, you can bet your bottom dollar they’re serious about it and you should be too.
Remember failure to plan is planning to fail. Give us a call! (832) 305-7694.
So you’ve found love! Congratulations!
Now comes the hard question, before the festivities celebrating you and your significant other commence, ask yourself, “Do I need a prenup?” This isn’t a question of loyalty, love, honesty, or planning for failure. This is a business decision that should be considered seriously by both parties. If you have considerable assets you would like to protect, a prenuptial agreement isn’t a bad idea.
The purpose of a prenuptial agreement is to govern property division when both parties can agree on the distribution of their personal and real property in the event of an unfortunate situation like death or divorce. Prenuptial agreements also have limitations as to what can and cannot be controlled. For example, a prenup cannot waive a future spouse’s benefits under a 401k, violate public policy, defraud creditors, and cannot have a harmful or adverse effect on the right of a child to support.
Remember, a prenuptial agreement can be made to protect bot parties and their interests in the matrimonial regime which is formed during the course of the marriage. If you do consider a prenup, it is imperative that you consult with an attorney to be sure your prenup complies with the Texas Family Code, or else it may be deemed voidable.
Failure to plan is planning to fail. Planning to tie the knot? Give us a call! (832) 305-7694.