Mediation is a court-ordered process and alternative to traditional divorce litigation. Parties can choose to request mediation and present their agreement in writing, but it is up to the judge's discretion if mediation is granted in place of a traditional trial. A lawyer who is well-educated and experienced in mediation can provide insight into if mediation is the right choice for your divorce.

What is Mediation?

Two parties come together to resolve conflicts within their divorce, while a third-party mediator helps steer the situation toward a more amicable outcome. Mediation is most often used to resolve the three significant points of contention in a divorce: property division, child custody, and alimony. Mediation is a highly effective alternative negotiation method with a high success rate.

When Can Mediation Take Place?

Mediation is available either before or after the divorce petition has been filed. If both parties choose mediation once the divorce case has begun and have agreed in writing to attend, they or their lawyers must inform the judge of the decision.

Your credit score may be one of the last things you think about when going through a divorce. There are so many important things to think about, such as property division, conservatorship, support, and just the headache that divorce can naturally bring with it. Divorce may not damage your credit directly, but related financial problems could. When considering divorce, consult an attorney who can help you cover all your bases and keep you on track to avoid future complications.

What Are Some Indirect Impacts of Divorce On My Credit Score?

Marital status does not factor into your credit score. However, certain duties performed or bills paid can be a cause for concern once a divorce is finalized. Missing payments is the primary reason for a dip in a credit score. It is easy to forget how much the other spouse has been paying in financial expenses until it hits you in the face.

Joint accounts and debts can cause innumerable problems down the road. Things such as car payments, credit card bills, mortgage payments, and other expenses you and your ex-spouse both took care of can now become overwhelming expenses for you. In contrast, your ex-spouse closing out joint credit card accounts will impact you negatively on other expenses you were hoping to use those accounts for.

Divorce is a legal process that ends a marriage and divides property, debts, and parental responsibilities. It can be a difficult and emotional time for everyone involved.

In some cases, couples can agree on the terms of their divorce without going to court. This is called an uncontested divorce. However, if couples cannot agree on the terms of their divorce, it becomes a contested divorce. Child custody and visitation is one such disagreement that can lead to a contested divorce.

Contested divorces can be more complex and expensive than uncontested divorces. Each spouse will typically need to hire their own attorney to represent them in court.

In the realm of family law, the rights of biological parents are vital, encompassing their involvement in their child's life and the authority to make decisions regarding their upbringing. Nonetheless, there are circumstances where parents may willingly relinquish or involuntarily lose their parental rights during adoption.

The Termination of Parental Rights for Adoption

In the context of adoption, the termination of parental rights is often necessary to facilitate the process. Under Texas law, a child can legally have only two parents. Hence, the termination of parental rights becomes a crucial step for adoptive parents to legally adopt a child. However, Texas courts demand a substantial burden of proof before they terminate parental rights.

Voluntary Termination of Parental Rights

Sometimes, a parent makes the selfless decision to voluntarily surrender their parental rights. When a parent realizes that they cannot provide the life the child deserves, they may choose to put the child up for adoption. While this decision is never easy, it is occasionally in the child's best interest. Additionally, a man who discovers that he is not the biological father of a child may also initiate a parental rights termination case.

Discovering the truth about paternity can be an emotional and challenging journey, whether you're a father seeking to establish legal rights or a mother in need of child support. At The Cusic Law Firm, P.C., located in Houston, Texas, we understand the importance of protecting your child's well-being through the legal process of establishing paternity.

Understanding Paternity in Houston, Texas

Paternity refers to the legal recognition of a man as the father of a child. Establishing paternity has numerous implications, including parental rights, custody, visitation, and child support. In Houston, the legal process of establishing paternity can bring clarity and security to both fathers and mothers.

The Importance of Establishing Paternity

• Father's rights and responsibilities: Establishing paternity ensures that fathers have the legal rights to participate in their child's life, make important decisions regarding their upbringing, and build a loving and supportive relationship. It also enables fathers to seek custody or visitation rights if desired.
• Child's emotional and financial well-being: Determining paternity provides a foundation for the child's emotional and financial stability. It allows the child to develop a sense of identity, access medical history, inherit assets, and receive necessary financial support through child support payments.

Child Support: Ensuring Your Child's Financial Future

Child support is a crucial aspect of paternity cases, as it guarantees the financial well-being of the child. In Houston, Texas, child support is determined based on the Texas Family Code guidelines, considering factors such as the non-custodial parent's income, the number of children, and any special needs or expenses. The court may order child support payments to provide for the child's basic needs, healthcare, education, and extracurricular activities.

Divorce is often a contentious and complex process, but things can get downright ugly when it comes to the division of marital property. Texas is a state that follow the principle of community property, meaning that all assets and debts acquired while a couple was married are considered to be owned jointly by both spouses, and this property will need to be allocated between spouses before their marriage can be ended through divorce. Understanding the basics of community property laws in Texas is essential when approaching a divorce. Make sure to hire an experienced divorce attorney before embarking on this often difficult process. 

Does it Matter Which Spouse Acquired an Asset or Debt?

No. Community property refers to any asset or debt that was obtained during the marriage, regardless of which spouse made a purchase or took out a debt. Common examples of community property can include real estate, income from work, pension benefits, and retirement benefits. In addition, credit card debt, utility bills, and outstanding taxes are also considered to be community property that will need to be divided between spouses during a divorce.

Dividing Community Property

During divorce proceedings, all community property must be divided in a just and right way, according to Texas law. This does not mean that assets and debts must be split equally, but they should be divided in a way that the court finds equitable, depending on the circumstances of the case. The court may examine the parties’ needs, the earning potential of each spouse, the reason the marriage dissolved, decisions about custody of the couple’s children, and other factors when deciding how best to divide the community property.

 Divorce is a legal process that dissolves a marriage. There are two primary types of divorce: contested and uncontested. For those looking to end their marriage, there are many differences between these two divorce types. Therefore, it is essential to understand the differences to see which method better suits you and your marital situation. Remember, regardless of whether your divorce is contested or uncontested, it is always prudent to hire an attorney, as divorce law can become complex, even if the divorce is uncontested.

Uncontested Divorce

Contested divorce occurs when both spouses agree on all the terms of the divorce. This includes dividing assets and debts, child custody and support, and spousal support. Uncontested divorces are usually faster and less expensive than contested divorces, as no disagreements need to be resolved in court. In most cases, the couple will work together to create a divorce agreement that outlines the divorce terms. Once the agreement has been finalized, the couple will submit it to the court for approval. If the court approves the agreement, the divorce will be granted.

Contested Divorce

On the other hand, a contested divorce is a type of divorce where the spouses cannot agree on one or more issues related to the divorce. In contested divorces, the court may need to intervene to resolve the disagreements. In many cases, the spouses are able to negotiate a settlement on the unresolved issues with help from their attorneys. However, if they cannot reach a settlement, the case may go to trial.  The court will hear evidence from both sides and rule on the issues the spouses cannot agree on.

Getting a divorce is a complicated process that brings significant implications for your future. Even if you and your spouse agree on all the terms of the divorce, which is referred to as an uncontested divorce, it is still important to hire an attorney to ensure that your rights are protected, and everything related to the divorce is handled lawfully and equitably. Today, we will review why hiring a lawyer, even for an uncontested divorce, is wise. 

Top Reasons Why You Need a Lawyer for an Uncontested Divorce

Some believe that getting an uncontested divorce means hiring a divorce attorney is unnecessary. That line of thinking does not take into account all of the complexities and challenges you may face during divorce that require professional legal assistance. Here are some reasons why you should considering hiring an attorney even if your divorce is uncontested:

• Professional legal advice – A divorce attorney has the knowledge and experience to provide you with legal advice and guidance through every step of the divorce process. They can help you understand your legal rights, obligations, and options and ensure that you make informed decisions in your best interest. 

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It is widely known that divorce can be among the most upsetting and difficult processes anyone will ever have to go through. When most people think about divorce, they envision contentious courtroom proceedings, where the private dealings of a married couple are hashed out in open court for all to hear. Fortunately, alternative dispute resolution (ADR) methods have become commonplace in divorce proceedings.  ADR such as meditation can help couples reach an out-of-court agreement, saving time and money which would have otherwise been spent during litigation. 

You may be happy to hear that even if your divorce is not 100 percent amicable, there are still options for you and your soon-to-be ex-spouse that will allow you to have more control over the divorce process while also preserving your privacy. If you can reach a resolution through mediation or negotiation, you can proceed with an uncontested divorce. This blog will discuss important considerations to remember when it comes to an uncontested divorce, such as how mediation procedures can help aid the process and how a qualified divorce attorney can help you and your spouse resolve your divorce in a cooperative manner. 

How Can Mediation Procedures in an Uncontested Divorce Lead to a Divorce Agreement?

Alternative dispute methods, such as mediation, can allow spouses to come to agreements through the help of a neutral third party. During mediation, your focus is on reaching an out-of-court settlement rather than “winning” the case. There are two primary styles of mediation. One technique involves you and your spouse sitting down with the third-party mediator. This third party is often a licensed attorney, but they cannot be one of the lawyers representing either spouse in the divorce proceedings. Once all are seated, the meditator will lead the discussion and pick through each issue until an agreement can be reached. If your divorce is amicable and you are able to negotiate in good faith, this can be a great option.

A frustrating feature of many, if not most, Texas divorces is that neither spouse is typically thrilled with the outcome of the divorce decree. Finalizing a divorce requires reaching an agreement on complex topics and the potential for disagreement is high. While dissatisfaction alone is not a sufficient reason to modify your divorce decree, there are certain circumstances in which certain parts of your divorce decree may be changed to better suit your needs. If you are interested in changing your divorce decree, read this blog and then contact a Texas divorce modification attorney for help. 

Which Parts of a Divorce Decree Can Be Modified? 

Certain parts of your divorce decree cannot be changed at all, particularly the parts regarding the division of assets and debt. Unless there was a serious misapplication of Texas law or your spouse hid important facts or income, once a property settlement is finalized, it is done. Even in situations that justify a modification to the asset division, the appeal must be filed within a certain amount of time. 

Other parts of your divorce decree may be modified, however, and the most common modifications apply to alimony- and child-related matters. For example, child support payments are based on the non-custodial parent’s income. If that parent’s income goes up or down significantly, child support payments may be increased or decreased accordingly. Small changes are generally not enough to warrant a modification. 

Among the many issues that divorcing parents of minor children have to confront is that of child support. While most parents are eager to help their children financially, child support payments often bureaucratize the parent-child relationship in a way that feels stiff and informal. Furthermore, a parent paying child support may have legitimate concerns about whether the parent receiving child support is truly spending the funds in a way that benefits the child’s best interests. Whether you are simply considering divorce, already involved in the divorce process, or have never been married to your child’s other parent and are establishing custody and child support orders for the first time, The Cusic Law Firm, P.C. can help. 

How is Child Support Calculated in Texas? 

Texas expects both parents to contribute financially to their child’s well-being. The parent who has possession of a child the majority of the time is seen as contributing financially through their daily support of the child. The parent who has the least amount of possession and access (also known as “visitation”) is almost always the parent who pays child support because he or she is usually also the noncustodial parent. The noncustodial parent is the parent who makes child support payments. 

If parents can negotiate fairly together, they can create a child support agreement that they both find is in the child’s best interests. As long as both parents agree and the Texas Attorney General is not involved (as in cases where a parent has to petition the AG for child support), a judge will usually approve the parents’ agreement if he or she agrees it is in the child’s best interests. Following the state formula is usually the best way to get a judge to agree, although parents can deviate from the state formula. 

Even after a romantic and intimate relationship between two parents has soured, those parents will often continue to stay together for the sake of the children. Fearing the consequences that a divorce could have on each parent’s relationship with the child, many adults will try to make things work even though they are both unhappy. 

Unfortunately, these situations are all too common and many people who are trying to stay together for the kids ultimately find that is no longer a workable solution. However, regardless of how well you and your spouse get along, with a solid understanding of Texas child custody laws you can create a parenting plan that allows you both to keep your children close and continue developing your lifelong relationship with them. 

Conservatorship, Access, and Possession

Although “custody” is the traditional term to describe a divorced couple’s legal relationship with their children, Texas law actually uses other terms to describe the specifics of custody orders. 

Kids, even when they're siblings, have unique needs and distinct personalities. Sometimes, this can pose challenges during divorce. However, legal professionals and the courts can help them reach an agreement that works for both parties.

For some parents, split custody can be a practical option.

Split custody can allow parents to provide attentive support

When parents divorce, they must keep their children's best interests in mind. If their children have varying needs, it can be hard to address them together. Split custody can help, as it can give each parent sole custody of at least one child. This can allow children to live with the parent who fit their accommodations and lifestyle best. Fortunately, they can still establish visitation times with the other child to ensure they have a relationship with both kids.

No matter your age, saving for retirement is an essential investment in your future. These accounts could be subject to division in divorce, however. What will happen to your retirement savings at the end of your marriage?

Your savings may be included in your community property.

As a community property state, Texas regards the assets and debts you acquired during your marriage as co-owned. This community property will be split 50-50 between you in a divorce. This includes your retirement savings, even if only your name is listed on the account. Your divorce could also have a significant impact on your pension or social security benefits as well.

You can protect your retirement savings.

Especially for couples who are nearing retirement or are already retired, halving your retirement savings may mean that you will be left without the funds you need. However, while dividing your savings in half is one option, it is not the only option available to you.

Texas' statewide shelter-in-place order related to the national COVID-19 pandemic is slowly coming to an end after about a month. For the past four weeks, married couples throughout the state spent a lot more time together than usual. No doubt that for many couples, this difficult time brought them closer together. For others, it has exacerbated problems with the relationship, possibly to the breaking point.

If you are considering divorce after lockdown, you are not alone. Harris County courts and family law attorneys are anticipating a surge in divorce filings.

Quarantine and marital difficulties

With so many people furloughed during quarantine, financial tensions that couples were experiencing likely grew worse. Meanwhile, spending 24 hours a day together could create new conflicts between spouses or aggravate existing problems. In the most serious cases, people are trapped with abusive spouses that are targeting them, their children, or both.

Your divorce had a huge impact on your life, but you’ve got more a few more lives to look after than just your own. While child support may be in place to help you raise your family, there’s no guarantee that it will keep pace with changing times.

The southwest region of the country has some of the lowest averages for child support in the country, no thanks to Texas. While Arizona, New Mexico and Oklahoma are right in a row when it comes to costs, Texas usually comes in two hundred dollars higher per month. If you feel like you’re getting a southwest rate when you should be falling in line with Texas living, it may be time for a modification.

The time is right

There are certain circumstances where you can get a change in the amount the other parent has to pay:

Divorce can be a big life decision that introduces a lot of change and many people have a hard time deciding if they should pursue one. With so many uncertainties, you might question if divorce is the right move for you.

While you can seek advice on whether to pursue a divorce, the decision is a very personal one. If you are wondering if divorce is the way to go, there are a few things to consider about your situation.

When you feel relief when you are away from your spouse

When you decide to end your marriage in divorce, the process can seem overwhelming—especially when trying to decide who gets what when it comes to the house, the furniture, the vacation property, the dog and more. Each state has specific laws about property division in divorce, and in Texas, the law views any property or debts accumulated during the marriage as community property.

What does community property mean?

In community property states, assets and debts are split 50-50 between divorcing spouses. So, if your spouse isn’t listed on the title of your home, but it was bought while you were married, your spouse is entitled to half the current value of the home. If your spouse took time away from her career to raise your children, she still will be entitled to half of what you’ve earned in your retirement accounts during the marriage. If you started a business during the marriage, your spouse will be entitled to half of what the business is worth.