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Right of First Refusal is an option that you and the other parent would craft to best suit your circumstances. When it comes to child custody, the option of a Right of First Refusal means that you have the right to possession of the children during your former spouse’s regularly scheduled time if they aren’t going to be with the kids. If your former spouse will be away from the children for a … [Read more...] about What is the Right of First Refusal in Child Custody?

The role of custody evaluations in a divorce is to determine what is in the best interest of the children. A child custody evaluator will gather information from interviews with the family and also by gathering documentation, from the parties as well as other “collaterals” such as neighbors, teachers, therapists, etc.  The evaluation will then decide what is the children's best interest going … [Read more...] about What Is the Role of Custody Evaluations in a Divorce?

Before asking, “What am I going to be able to keep?” There are important questions that need to be answered first: These are just some of the questions that need to be answered before getting to, “What am I going to be able to keep?”  The Collaborative Divorce process has a great advantage over a traditional litigated divorce because it is an interest-based negotiation. It is nearly … [Read more...] about What am I Going to be Able to Keep After the Divorce?

If your ex-spouse refuses to let you see your child, your best option will be to hire a lawyer and file a motion for enforcement. Before filing you need to prove that you did show up to pick up your child on the correct date and at the correct time. Most attorneys will probably advise you that you need to show up at the correct place, on time, wait for at least 20 minutes, and for your ex to … [Read more...] about What If a Parent Won’t Allow Their Ex-Spouse Visitation?

There is an old adage that “A lawyer who represents themselves has a fool for a client.” In the divorce process, one or both parties can represent themselves, however, you first need to decide if that’s a good idea for you and your spouse given your facts and circumstances. Sometimes it is a good idea as you and your spouse are able to communicate with each other respectfully, and you are both … [Read more...] about Why Handling Your Divorce Without an Attorney Could Cost You More

Traditional Litigation or “going to court” is the route people are typically most familiar with in divorce cases.  You may have been through that yourself already or with your parents or friends. You have probably seen a courthouse divorce on tv or in movies. The litigation model does not always mean going to court, but the possibility of going to court is always there. It is a dark cloud … [Read more...] about How are Collaborative Divorce, Mediation and Litigation different in Texas

How parents behave during their divorce, and how they continue to communicate with each other and their children has a significant impact on the children post-divorce. When children see their parents working to be good co-parents and communicative with one another, it gives them a feeling of stability and safety. When both parents set out to create a positive outcome from the divorce, it will … [Read more...] about How To Create a Better Outcome for Children in a Divorce

In Texas, there is no such thing as "community debt." That term is often used to refer to any debt that has been incurred during the marriage. But in Texas, the law does look at what is an equitable, just, and the right division of all assets and debts. That is where you get down to the facts to decide how you're going to handle those assets and debts, and what the outcomes will be as far as … [Read more...] about What Happens in a Divorce After One Spouse Paid for the Other’s Education?