Jane-Ashley McMillan, Attorney at Law

Plano Family Law Blog

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.  

Your divorce options in Texas: Fault and no-fault filings

You make the decision to divorce your spouse after years of marriage. Whether you and your spouse simply cannot get along or your spouse caused your marriage’s demise in some way, you want to file to separate.

In Texas, you may file either a fault-based divorce or a no-fault divorce. Either designation will terminate your marriage, but a fault divorce may bring longer proceedings and a more favorable outcome of assets and custody, while no-fault divorces resolve most quickly. Whether you wish to file either divorce type, you want to hire an experienced family law attorney committed to your rights. Divorces prove to involve serious emotions, and terminating a marriage may bring confusion, so you want to employ the expertise of a knowledgeable individual to fight for your rights during your divorce.

Do you know what documents you need during a divorce?

When it comes to divorce you should expect paperwork. Providing documents that show the property you have is a key element to the divorce process. Before the assets of a marriage can be divided, each spouse must provide documents that will be used to identify and value those items. Everything that represents each spouse regarding money and property is revealed by the documents provided during the divorce.

As soon as you begin the process of divorce you should start collecting these documents and storing them in a safe place. Some documents may be difficult to hunt down. If you know what those are, start looking for them first. You should make copies of all your documents because losing an original copy may take a lot of time to be replaced.

Texas bill restricts LGBT adoption

In June of 2017, Texas Governor Greg Abbot, signed House Bill 3859, also called the “Freedom to Serve Children Act.” This bill allows religious groups to deny services to families “under circumstances that conflict with the provider’s sincerely held religious beliefs.”

This is was the second bill of its kind signed into law in the United States. What does it mean for Texas residents?

Seven of the most common myths about divorce

Ending a marriage is often a difficult decision. You pledged to stay with your partner forever, and now you can hardly stand to be in the same room together. It may be in your best interests to walk away, but you wonder what that will mean for your life after the divorce. There are so many awful divorce stories, and you do not want to become the crazy ex-spouse or the broke former partner.

Divorce can dramatic, but you do not have wind up like a character in a movie. You can get through the process with your dignity and checkbook mostly intact. Here are seven divorce myths that may hold you back from moving forward with your new life.

You can’t be forced to stay in a marriage you don’t want in Texas

Getting a divorce in Texas is complicated. For as common as divorcing seems to be in modern society, few people seem to be able to give a straight answer on what you can and can’t do. If you’ve been contemplating divorce, you probably have several questions: Do you need a legal reason to get a divorce? Can your spouse deny your divorce petition?

Choosing to educate yourself on basic divorce laws is a good first step. The short answer to these questions are, no, you cannot be forced to stay in a marriage you don’t want. But also, yes, legal grounds for a divorce can be a factor in the process.

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