Sadly, in divorce situations, it is common for one spouse or the other to have some type of addiction to either a substance or a behavior. Addiction and divorce are difficult issues for the courts and the parties to resolve. Different approaches are used depending on which spouse is the client. Representing the Non-Addicted Spouse Often, one of the first things that needs to be done is to … [Read more...]
How Is A Divorce Different If It’s A Common Law Marriage Versus A Traditional Marriage?
The phrase “common law marriage” is often used to describe a couple who has lived together for some time. When they decide to end their relationship, the question comes up about how their parting will legally proceed. Will they participate in a traditional divorce or are there other considerations that will affect the “divorce” process? First it must be proven to the court that there was a common … [Read more...]
How to Handle Stress in the Course of a Divorce
Psychiatrists consider going through a divorce as the second most stressful life event. Only losing a spouse to death causes more stress. Although there is no way to totally eliminate stress in the course of a divorce, here are some steps you can take to decrease your stress. Suggestions for Handling Stress in the Course of a Divorce Talk to a therapist. They are trained to listen and … [Read more...]
Your Spouse Just Told You They Want a Divorce. Now What?
No matter how upsetting it may be to have your spouse tell you he or she wants a divorce, the best advice is for you to remain as calm as possible. Anything you say may haunt you later if your divorce becomes contentious and your spouse tries to use it against you. The first few days after you hear the news, consider doing the following. Keep your emotions in check. See a counselor, trusted … [Read more...]
How Does the Court Decide Who Gets to Make Decisions Regarding the Children?
The most important decision for parents going through a divorce is what happens to the children. Parents often will be appointed joint managing conservators, which means they will share in the decision about where the children live, where they go to school, how they spend their time during school holidays, and jointly agree to invasive medical or dental procedures. Less frequently, courts may … [Read more...]
Tips for Handling Valentine’s Day in the Midst of Divorce
Valentine's Day can be particularly difficult for those going through a divorce. For many divorcing couples, Valentine’s Day may also be the day of their wedding. With the focus all around on romantic love while they are in the midst of divorce, they may feel they failed at love. But, it does not have to be that way. One divorced writer says she actually enjoys the holiday more now that she is … [Read more...]
How To Talk To Your Spouse About Divorce
Talking to your spouse about divorce can be difficult. This is true even when both of you have been struggling with your marriage and may have concerns over whether or not it will last. When the time comes to actually tell your spouse that you want a divorce, how you handle it depends on quite a few factors. We want to help if we can. Here are some helpful suggestions we have learned in our 25 … [Read more...]
Will Smoking Pot Have An Impact On My Divorce?
The short answer is yes. In the state of Texas, marijuana is still an illegal drug. That means the law handles it the same as any other illegal substance. Pot being illegal isn't the only reason using it will impact your divorce. As more states join the movement of legalizing marijuana, it may leave you wondering if smoking pot will have an impact on your divorce. If you’re headed for divorce or … [Read more...]
When is it Too Late to Save a Marriage?
Nearly half of all American couples give up on their marriage. According to the American Psychological Association, 90 percent of people marry by age 50. Out of those marriages, 40 to 50 percent end in divorce.* One question is when is it too late to salvage a marriage if one or both of the spouses wanted to do so? Attorney Paula Lock Smyth has advised clients on what steps to take to make that … [Read more...]
Mother’s Rights in Child Custody
Do Mother's Rights Differ from Father's in Child Custody Cases? Most people assume mother’s rights hold more weight in child custody cases. This is partly true because the courts did favor mothers in the past. There’s also an assumption that mothers are better parents because of their role as nurturer. The reality is that the law has evolved to allow parents equal rights in custody cases; … [Read more...]