Tyler Legal Issues Blog

Summers in Texas bring an increased risk of divorce for many families. According to research out of the American Sociological Association, divorce filings regularly rise in August. This may be because couples spend more time together during summer vacation, exacerbating any issues they're already experiencing. Spouses who believe that their marriage is at risk during this time of year may want to prepare for the end.

Spouses can take a few practical steps at the beginning of the season to prepare for a possible separation, including speaking with an attorney and financial adviser. They should also gather any documents that will likely be needed in court. Gathering a supportive network of friends and family can help reduce stress during this difficult time. Discernment counseling may help a couple on the cusp of divorce decide which path they ultimately want to take.

Texas residents going through the divorce process will need to think about their finances after the divorce is completed. Being prepared about what is to come will also make it easier to adapt to the significant financial changes that often accompany the end of a marriage.

The first thing to adapt financially to a new normal after divorce is to create a budget, as suddenly income amount will be very different. In fact, according to the 2018 National Retirement Risk Index, most people need to make about 30 percent more in income after divorce to maintain the standard of living they were used to. This is due to the fact that the household income often changes from two incomes to one, marital assets are split, and savings and retirement accounts need to be rebuilt.

As some Texas residents have experienced, divorce can include the complicated process of dividing assets and debt. And because not all debt is equal, it might be difficult to understand, for example, who is responsible for paying back one of the spouse's student loans.

The answer to this depends on where the couple lives and when the debt was incurred. Texas is a Community Property state, which means that marital assets and debts are divided equally during divorce. If the school loan was taken out after the marriage took place, then the debt is considered marital debt and both spouses would be responsible for paying it back. However, if the loan was taken out before the marriage took place, then only the spouse taking out the loan would be responsible for paying it back after divorce.

In Texas and other states, there are many myths about what it means to be a non-custodial parent. All it really means is that the person does not have physical custody of their children. They may be a legal custodian of their child, but for one reason or another, they are not the primary caregiver. Non-custodial parents usually have visitation rights, pay child support and participate in their children's lives regularly.

A very common myth about non-custodial parents is that they are deadbeats. It's rare for a non-custodial parent who owes child support to not pay. Many pay every month and are actively involved with raising their children. It's also a myth that all non-custodial parents are fathers. While most non-custodial parents are fathers, it is becoming more common for courts to recognize the important role that single fathers can play.