Jane-Ashley McMillan, Attorney at Law

Plano Family Law Blog

Addressing unique LGBT issues with a prenup

If you and your partner have been together for years, even decades, you may have joined many in the LGBT community and rejoiced at the groundbreaking Supreme Court decision Obergefell vs. Hodges. This landmark case recognized that same-sex couples have the same rights as opposite-sex couples when it comes to marriage laws. Perhaps you and your partner began planning your wedding immediately, or maybe you have been debating for years whether to marry or keep things as they are.

With a wedding in your future, you may be more intensely watching other couples marry, and it may be discouraging to see some heading for divorce. Even more upsetting may be the complex and tangled mess a same-sex divorce can be, especially for couples who were together long before winning the right to marry. This is why more same-sex couples are considering the value of a prenuptial agreement before taking their vows.

Communication tips for new co-parents

New co-parents typically carry emotional baggage beneath the surface level custody conversations they have together. Whether talking to your ex makes you feel angry, sad or remorseful, these emotions can make it uncomfortable to routinely discuss schedule arrangements and make custody exchanges.

To make these communications a little easier, try these tips for new co-parents.

What can you do to help your children cope with your divorce?

Choosing to divorce is a decision that two adults make, but the effects reach the entire family. You can’t avoid the issue with your children forever—and it might be tough on them when you do tell them.

You should be prepared to help them through the process. Knowing what to expect and how to support your children can help make everything go more smoothly for your family.

What happens when pet parents split?

For most pet owners, your animal feels like a member of the family. So, if you and your spouse are discussing divorce, you may expect the courts to treat your pet similarly to a child custody matter.

However, pets are handled more similarly to your furniture than a child. Here’s how divorce works when exes share a pet.

Can I keep my home after divorce?

Parting ways with your spouse is only one of several “Goodbyes” a divorce imposes. You’ll also be leaving behind a portion of the assets you and your spouse once shared. For many divorcees, that includes saying “Au revoir!” to your home.

But, since the process of selling and relocating can be costly and time-consuming, you may wonder if there is any way to keep your home during property division. Answering the following questions can help you decide.

Steps that prolong your divorce

Not all couples might realize that Texas has certain laws about how a divorce is conducted. Some of these procedures will prevent you from a speedy proceeding.

While you may feel ready to end your marriage as soon as possible, be aware that these steps will slow the process no matter what.

How can women financially prepare for life after divorce?

As much as you want to believe men and women are treated equally, it is not always true. Women still make on average less money than men. During a divorce, it also means women are impacted differently. According to a report by the U.S. Government Accountability Office, when women divorce, their average household income drops by 41 percent, which is almost double the amount men’s income drops.

However, there are some ways to prepare. Here are six steps to get you on the right financial path post-divorce.

Discriminating against prospective LGBT parents may hurt children

LGBT couples sometimes face hurdles when trying to adopt or foster children, thanks to state laws that allow agencies to decline same-sex couples the ability to adopt. A new study shows these restrictions may do harm to children in addition to being discriminatory.  

Analysis from the Center for American Progress, Voice for Adoption and the North American Council on Adoptable Children found that state laws allowing adoptive and foster care agencies to refuse placing children based on religious beliefs were harmful for children and more expensive for taxpayers, as those children spent more time in state custody. 

Is custody after divorce shifting to a 50/50 model?

If you are going through a divorce, one of the biggest worries you may have is how much time you will get to spend with your kids once the divorce is finalized. Many dads go into a divorce believing that there is a biased toward the mom receiving more time in the custody agreement.  

<#if page.ID != "E-mail">