It is not difficult to find people that have good things to say about their decision to get divorced without destruction through the Collaborative Divorce process. Not only can it save your relationship with your kids, the flexibility of collaborative divorce may allow you to resolve the disputed issues in a custom manner that is just not available when everyone punts the decision making process to a judge that knows next to nothing about you. On top of that, this stranger is going to make some very important decisions about your life based on hearing the absolute worst about you from your spouse in an ugly drawn out litigated divorce. Is that your ideal outcome? Take some time to read these experiences and give it some thought.
We both wanted out of the marriage, but we didn’t want our children to “pay” for our mistakes. … The “process” allowed my ex and I to remain focused on this goal, rather than being focused on “getting” the other person. … Once we started working together to craft a solution we both thought was fair, we had incentive to work together – giving and taking – to reach a truly fair outcome. Through the collaborative divorce process we learned many creative ways to divide and preserve assets that we never would have thought possible. For instance, keeping the only home that the boys had ever known was extremely important to me and my children, but less important to my ex. Neither of us would have guessed that I could “buy” him out of his share of the equity in the house by giving him other assets that appeared on the balance sheet – achieving both of our goals (mine to keep the house, his to get rid of it). …Through our realtor and mortgage expert we learned how we could refinance our current house to a lower interest rate, and still allow my ex to purchase another house. I sincerely believe that we would not have known about or explored ANY of these options (and many more) unless we had used the collaborative divorce process….I was burdened by both personal health issues and family health issues during our divorce. The collaborative process allowed us to craft our solution on our own timeline – around my chaotic and unpredictable schedule. This took a horrible burden off of my shoulders at a time that I *really* needed that flexibility and understanding from the divorce process. … Neither of us felt that anyone was out to “get” us. I never felt that my ex’s lawyer was looking for ways to exploit me: she focused on both of our stated goals, as did my lawyer. “Everyone” was looking for a win-win outcome for every topic we had to address. I can’t emphasize enough how much this meant to me during what was a terribly difficult transition in my life!
Remember, not every attorney is trained or appropriate to represent someone in a Collaborative Divorce. Contact The Shea Law Firm at (832) 592-7913 to speak with a Collaborative Divorce attorney in The Woodlands or locate a trained collaborative divorce attorney near you at http://www.collablawtexas.com/locate-a-collaborative-law-professional
Confused? Learn the differences between an uncontested divorce, a litigated divorce, and a collaborative divorce in my free Woodlands Divorce Guide
The Standard Possession Order is the default schedule for visitation with children after a Woodlands divorce. There is one large category that the Standard Possession Order does not apply to. That category is children less than 3 years old. If you leave visitation up to the judge when you have a child younger than 3 you will likely not receive the Standard Possession Order.
What Will the Judge Do?
The legal responsibility of the judge in setting visitation for a child younger than 3 is to render an “appropriate order” under the circumstances that is in the best interest of the child. The judge has a lot of discretion to determine exactly what he or she thinks is appropriate, but there are some specific criteria the judge may also consider: Read more…
Child support is a critical issue in many Woodlands divorce cases. We previously discussed how the child support guidelines function in a situation where the parent paying child support has net resources below $7,500 per month. If you have more than $7,500 per month in net resources then your Woodlands Divorce Attorney must analyze additional facts to determine how much child support you may pay or receive. Call us at (832) 592-7913 today if you need help with your child support issue.
The Family Code
- If the obligor’s net resources exceed $7,500, the court shall presumptively apply the percentage guidelines to the portion of the obligor’s net resources that does not exceed that amount. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.
- The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor’s net resources provided by Section154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.
How Does it Work?
The court must first determine Read more…
Revenge and inconvenience are not legal reasons for modifying a child custody order from a Woodlands Divorce. Your Woodlands Divorce Attorney must prove the modification is in the best interests of the child as well as the existence of a material and substantial change since the previous order was issued. Exactly what a “material and substantial” change means is what judges interpret on a daily basis, but a recent case reminds us that revenge and inconvenience are not material and substantial. Speak with a Woodlands Divorce Attorney today at (832) 592-7913 if you need assistance with your child custody modification.
Background
On November 6, 2007, Mother filed a petition to modify the child custody arrangement. Mother’s petition to modify followed Father’s earlier petition for enforcement and access after Mother denied him access to their child. The judge ruled for Father on his petition for enforcement and access.
In her later petition, Mother alleged that K.T.W.’s circumstances had materially and substantially changed since the entry of the previous order. She requested that Father’s “terms and conditions for access to and possession of the child be modified… to reflect visitation in regard to the over 100 mile visitation,” and that, since Father resided in Houston, he should “be responsible for pickup and return for visitation of the child.” Mother further pleaded that Father’s “change of address had caused [her] to incur increased costs.” Father answered and denied that there had been any “change of circumstances which would be grounds for any modification of the present Orders regarding access and possession.”
Discussion
At the trial court level Mother won her case and the judge modified custody to restrict Father’s access to his child. The Father appealed the ruling.
On appeal, Read more…
At the end of your divorce case in Montgomery County you and your ex-spouse will have very specific parental rights and responsibilities spelled out in your divorce decree. Most parents end up being appointed as either a managing conservator or at least a possessory conservator of their child or children. What are your rights and duties as a conservator during the time when you are the parent in possession of the child or children? What are the rights and duties of your ex-spouse when he or she has possession of your child or children?
Unless limited by court order, each parent appointed as a conservator of a child has the following rights and duties during the time that the parent has possession of the child:
- The duty of Read more…
Today we will review the standard possession order as it applies when the possessory conservator resides more than 100 miles from the residence of the child. There are some significant differences from the possession order that is used if you are within 100 miles of the child’s residence so review it carefully with your Woodlands, TX Divorce Attorney before your Montgomery County Divorce is finalized.
If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:
(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend Read more…
When will you get to see your child?
When will your ex-spouse get to see your child?
These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).
For Parents Who Reside 100 Miles or Less Apart
(a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: Read more…
A lot changes in the relationship between a parent and child after a divorce in Montgomery County is final. As parents go through divorce they usually spend a lot of time sorting out parental issues. Either through agreement or a judge’s order these issues are generally a critical element of every divorce order where children are involved. There is a very wide variety in how a final divorce order will allocate these rights and duties, but there is a starting point we can take a look at.
Texas law provides that each parent appointed as a conservator of a child has certain rights. Each parent has these rights unless Read more…
The best interest of the child is the primary consideration in determining conservatorship and possession of and access to the child.
Those words are repeated so often by local family court judges in Conroe and Houston that they eventually take on a legendary status. If you or your ex-spouse is behaving or used to behave in a way that allows a judge to question if being with you or your ex-spouse is in the best interest of the child then your access to your child may be restricted, severely in some cases.
Today we are going to look at the case of Richard Walters and his divorce from Deborah Walters. One of the issues in the Walters case was custody of their five year old son, Christopher.
Richard’s divorce attorney presented evidence at trial that: Read more…
Custody of children is a difficult issue for many families facing divorce in Montgomery County or Houston. Who will make decisions that impact your child? When will you be able to see and spend time with my child? What will your ex-spouse’s role be in making decisions for and spending time with your child?
The two terms you will hear often when discussing custody and children in your Montgomery County divorce are “Managing Conservator” and “Possessory Conservator.” The managing conservator essentially has Read more…
