Divorcing couples often ask if they will later be able to modify the terms of their settlement agreement. The answer is not an easy one and is both yes and no, depending on what portion or portions of the order the person wants to modify. Petition to Modify Only the court can issue an order modifying the terms of a divorce decree. If you need a modification, you must file a petition with the … [Read more...]
Roadblocks in a Divorce Settlement
Texas family law courts encourage divorcing couples to create their own settlement agreement. This is sometimes impossible, or at least difficult, when one or both parties encounter roadblocks that prevent them from resolving the issues necessary to finalize the divorce. Common Roadblocks in a Divorce Settlement No matter whether the divorce is contested or collaborative, the personalities … [Read more...]
Common Divorce Fears
Going through a divorce is a stressful process even if both spouses agree that a divorce is what they want. They both have fears about what their future will look like. These fears are compounded when they have children. Plus, children have their own fears when their parents are going through the divorce process. Most Common Fears of Spouses and How Collaborative Divorce Helps One of the … [Read more...]
Over 50 and Considering Divorce? What Texans Need to Know
Couples over 50 who are divorcing generally have different issues than younger couples. For the most part, they are couples who have been married for many years. Perhaps they have been waiting for the children to become adults and leave home. Now that that has happened, they are ready to go forward with their divorce plans. Issues Specific to Older Couples Some issues that are specific to … [Read more...]
Advantage of Neutral Experts in a Collaborative Divorce
There are many advantages to including neutral experts in the Collaborative Divorce process. Collaborative Divorce is not an adversarial process and one of its stated purposes is to keep the spouses out of court. With the help of their attorneys and neutral professionals who assist in educating and guiding them, the couple can move forward in their new life as single people without hostility and … [Read more...]
How to Reduce the Cost of Divorce
When a couple decides to pursue a divorce, they always want to know how much it is going to cost. There is no definitive answer since each case is unique. It is generally not even possible to quote a “ballpark figure” since the costs depend on how much conflict there is and how many issues can be settled out of court. The more conflicts there are, and the more times one party insists on a court … [Read more...]
What Do Kids Want from Their Parents During a Divorce?
Children of all ages are generally upset when they find out their parents are getting a divorce. This is true even when they have heard their parents arguing and there is tension in the home. They do not want to experience the disruption of their family life as they know it. A few exceptions may be if there have been issues of a parent’s addiction or domestic violence. In those cases, children … [Read more...]
What Is A Parenting Plan?
A parenting plan is just what it sounds like: A plan put together by the parents or the court about how the parents of minor children will interact with each other in a way that will be in the best interest of the children. It includes terms for conservatorship, access to the children, child support and healthcare. Elements of a Co-Parenting Plan A co-parenting plan includes terms … [Read more...]
Divorce: How Much Will It Cost?
One of the most common questions I get is, “How much will my divorce cost?” For anything except the most simple case, there is no way to predict the cost of a divorce. It depends on the type of divorce process the couple chooses to pursue, if the opponent has an attorney or is representing themselves, the methods used by the opposing attorney, the court that the case is filed in, the … [Read more...]
How Do You Explain to Clients About Mediation, Litigation and Collaborative?
When a marriage breaks down, the parties know is they want a divorce, but they are unaware of the different methods available to them to make that happen. At Paula Lock Smyth Law Offices, we begin our representation by explaining to our clients what their options are and how mediation, litigation, and the collaborative divorce process work. Litigation Litigation is the traditional … [Read more...]