Tyler Legal Issues Blog

Unique issues women face after divorce

On behalf of Law Office of B. Diane Heindel, P.C. posted in divorce on Tuesday, December 3, 2019.

Texas residents who have gone through the divorce process realize the toll that divorce can take. Both men and women are affected by divorce, but there is a body of evidence indicating that the way it affects them is different.

An example of this is the financial impact divorce has on women in comparison to men. On average, women earn 81% of what men earn. When their marriage comes to an end, women may experience a decrease in income of around 20% on average. Men, on the other hand, might see an increase in their income to the tune of around 30%.

Social media and divorce

On behalf of Law Office of B. Diane Heindel, P.C. posted in divorce on Wednesday, November 27, 2019.

Getting divorced in Texas or any other state is often stressful. While many divorcing spouses are often advised to avoid social media during this time, some individuals who have been through the divorce process have come to appreciate some aspects of social media platforms and online communities.

The main benefit of social media for individuals going through a divorce is the ability to connect with others who have been through a similar experience. Divorcing spouses often find that friends and family feel uncomfortable with the idea of 'taking sides" at the end of a couple's marriage. This can make it difficult for divorcing spouses to find social and emotional support when they need it most.

How to deal with a difficult co-parent

On behalf of Law Office of B. Diane Heindel, P.C. posted in child custody and support on Monday, November 18, 2019.

Co-parenting with a toxic parent in Texas can be challenging after a divorce. It's important to avoid engaging with a difficult, manipulative parent. Staying focused on the children and setting boundaries is key. Exes may want to use an online parenting portal, which also documents all communication, or find another way to document and manage communication.

This could mean only agreeing to reply to emails and ignoring anything that's not strictly about the children. Parents can also limit the times when they reply. They are not obligated to respond to a difficult co-parent immediately. Understanding the patterns that lead to fights can help defuse them before they start.

Financial experts can be key to handling a high-asset divorce

On behalf of Law Office of B. Diane Heindel, P.C. posted in divorce on Thursday, November 14, 2019.

The ramifications of a Texas divorce can be significant, especially financially. This is true with any divorce, but it is more prominent in a high-asset divorce. Navigating finances can be a contentious factor. The parties should be cognizant of how to address their concerns. In certain cases, a divorce financial specialist can be of assistance.

Before using a financial specialist, it is important to know what function they serve. Technically referred to by the term Certified Divorce Financial Analyst, this person should have experience in high-asset divorces. They know the rules of asset division and the complexities of compensation. They might have other levels of education such as being a Certified Public Accountant.

Is now the time to seek a child support modification?

On behalf of Law Office of B. Diane Heindel, P.C. on Wednesday, November 13, 2019.

A court order to pay child support is not always easy to follow, but you do your best to stay on track to provide your child (or children) with the financial means necessary to live their best life.

However, you must also take your own financial situation into consideration. If you're unable to comfortably make child support payments, it's time to learn more about a modification.

Creating a parenting plan for a baby

On behalf of Law Office of B. Diane Heindel, P.C. posted in child custody and support on Monday, November 4, 2019.

Caring for a baby can be challenging regardless of the relationship status between the child's parents. However, it can be even more challenging for parents in Texas who are divorced, separated or otherwise not together. As a general rule, infants do best when they have a predictable routine, and they tend to thrive when given a chance to spend time bonding with both parents.

It is also important that parents trust each other to learn what the baby wants or needs. This is because neither parent is likely to take the same approach to a given problem. Furthermore, it may take one person longer than the other to get a sense for why the baby is crying or how to hold them. In many cases, visitation with infants will occur in short intervals many times a week. Noncustodial parents may be allowed visits of 30 minutes or less with an infant.

Social media posts could be used as evidence

On behalf of Law Office of B. Diane Heindel, P.C. posted in divorce on Monday, October 28, 2019.

It is not uncommon for individuals in Texas to have one or more social media accounts. Therefore, it isn't unheard of for evidence gleaned from social media sites to impact a divorce case. According to data collected by Web Preserver, roughly 33% of divorces occur because of affairs that take place online. Furthermore, it found that 81% of attorneys have found evidence from social media platforms that was worth using in divorce cases.

Generally speaking, evidence that is found online can be used in a divorce proceeding. However, it is worth noting that an individual is not allowed to discover content through hacking or other illegal means. Furthermore, an individual's attorney cannot become social media friends with his or her spouse to find information that could be used in court. Of course, information could still be seen even if estranged spouses are not friends with each other on a given social media site.

Strategic divorce may save money in some cases

On behalf of Law Office of B. Diane Heindel, P.C. posted in divorce on Tuesday, October 22, 2019.

There are situations in which a married couple might want to file for divorce in Texas even if there are no problems in the marriage. Strategic divorce can sometimes save the parties money on their taxes or help one of the spouses qualify for Medicaid. In many cases, though, filing for divorce can also cause problems with retirement accounts or health insurance. Ultimately, whether to file for strategic divorce is a case-specific question that a lawyer might be able to help answer.

Some high-earning couples can save money on their taxes by divorcing. Couples who make taxable income of at least $612,350 during 2019 are taxed at a rate of 37%. This marriage penalty came into being under the Tax Cuts and Jobs Act in 2018. For high earners, it may make sense to file separately. Another reason for strategic divorce is to bring the asset level of one spouse down so low that they can qualify for Medicaid coverage. This is especially relevant in cases where nursing home care is required.

Some things indicate divorce on the horizon

On behalf of Law Office of B. Diane Heindel, P.C. posted in divorce on Monday, October 14, 2019.

For people in Texas who are considering a divorce, it can be difficult to know what the right decision is. While it may be best to go through with the process, it can also be daunting as divorce brings with it a number of stresses that may otherwise be avoided. It is natural to want to avoid the financial, mental and emotional issues that come with divorce, and those considerations can cloud a person's judgment. Couples that lack respect for one another, mock each other or don't want to come home, though, might be better off divorced.

According to a supervising faculty member at Northwestern University's Marriage & Family Therapy Program, a marriage without respect is in real trouble. Indications that respect is lacking might include one spouse ignoring the wishes of the other person or making big decisions without consulting him or her. This is especially true when the spouse who wasn't consulted would have disagreed with the decision.

How to deal with your emotions in divorce

On behalf of Law Office of B. Diane Heindel, P.C. on Monday, October 14, 2019.

There is more to divorce than matters of property division, child custody, child support and alimony. While you're dealing with all these issues, many emotions will come to light. The way you approach these will impact your mental health and well-being now and in the future.

Here are five tips for dealing with your emotions in a divorce:

Don't dwell on the past: As difficult as it may be to get past your divorce, you must focus on the present. Doing so will allow you to make informed decisions to prepare you for a better life in the future. The past is in the past and you can't do anything about it now.
Don't engage with your ex: Just when you're feeling better, your ex may attempt to "pull you back in" by starting an argument. If you have children together, it's critical that you learn how to successfully co-parent. But even so, this doesn't mean you should let your ex play with your emotions.
Lean on your support group: There's never a reason to feel as if you have to be on your own. Look to your family, friends and co-workers for emotional support, as these people can help you through a very difficult time in your life.
Work on detaching yourself from your relationship: Even after your divorce is in the past, it's easy to get caught up on what went wrong, things you could have done differently and related details. The sooner you completely detach yourself, the easier it becomes to make a full recovery.
Write out what you want from the future: It's one thing to think about this, but another thing entirely to write out your goals. It's easier to get over your marriage and subsequent divorce when you know what you're trying to accomplish moving forward.