Divorcing couples often want to know if they can get a quick divorce. The answer to the question depends on what they mean by “quick.” According to Texas law, the earliest date the final divorce decree can be issued is 60 days after the spouse who did not file the divorce petition receives notice that the divorce petition was filed. Factors Affecting the Timing of the Final Divorce Order In a short-term marriage with no children and few or no marital assets to divide, and no issues for the court to decide, the divorce can reasonably be final at the end of the 60-day period. It is … [Read more...]
Divorce: Can Children Decide What Parent They Want to Live With?
During the divorce process, parents often disagree on custody and visitation issues, referred to under Texas law as conservatorship and possession. At Springer & Lyle, we guide our clients so they have a better understanding of what impact the child’s wishes will have on the final decision of the family law judge. Children 12-Years Old or Older On the motion of either party, or motion by the amicus attorney for the child, or on the court’s own motion, according to Texas Law, the court “shall” interview the child privately in chambers. The court will determine “the child’s wishes … [Read more...]
Is Community Property in Texas Always Split 50/50 In A Divorce?
Texas is a community property state, which means all property acquired by a couple during their marriage is considered to belong equally to them both. This appears that the community property should then be split 50/50 between the spouses, but this is not always the way it turns out. Texas law instructs the court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means property will not always be divided 50/50. Factors Court Considers … [Read more...]
Myths About Divorce
If you are divorcing for the first time in Texas, you may be concerned about things you have heard. There are myths about divorce that our attorneys at Springer & Lyle want to clarify. Common Myths About Divorce Children can choose which parent they want to live with. In Texas, a child under the age of 18 cannot choose which parent to live with. Upon a request by either or both parents, a judge will talk privately with a child aged 12 or over and listen to their preference. The judge may or may not grant a request depending upon all the facts of the … [Read more...]
Holiday Planning Amid Divorce and COVID-19
Divorced parents often find coparenting difficult in the best of times. The COVID-19 pandemic has only complicated it. Parents who share custody may be questioning if, during this unprecedented holiday season, are the current possession orders in force. At Springer & Lyle, we want to help parents deal with co-parenting in ways that make them comfortable but also are in compliance with the law. Parental Concerns Parents are dealing with stay at home orders and many are working from home. Whether schools will be open or closed is almost a daily question. Some travel restrictions are … [Read more...]
Tips to Make A Divorce Less Painful
The American Institute of Stress uses a chart developed many years ago by psychiatrists Thomas Holmes and Richard Rahe. The doctors assigned different points to 49 life events and then added them up to see how much stress a person was experiencing. They determined that getting a divorce is the second most stressful life event a person can experience. Separating from a spouse is the third. At Springer & Lyle, we work with our clients in ways to reduce the stress as much as possible. Two ways of divorcing we assist with that help spouses separate amicably are collaborative divorce and … [Read more...]
How Much Does It Cost to Get A Divorce?
Divorce attorneys can discuss with you the circumstances of your case and give you an estimate about how much a divorce will cost. This estimate may not be accurate since there are many variables and each case is different. Attorneys generally charge by the hour for the time they spend on various aspects of your divorce. A divorce cost includes things like court costs that are set in stone and other costs which you have no control. How you and your spouse approach your divorce affects how much it will ultimately cost. Overview of Possible Costs Some costs vary. Others are … [Read more...]
Divorce Mistakes
Going through a divorce is stressful. There are many decisions that need to be made about property division, child custody, child support, and more. Sometimes, in the turmoil of decision-making, mistakes are made. At the law firm of Springer & Lyle, we guide you through the process with a keen eye to avoid some of the common mistakes. Division of Community Property Texas is a community property state which means that all property acquired during the marriage belongs to both parties. Property owned by one party prior to the marriage generally remains that person’s separate property … [Read more...]
Texting, Social Media and Divorce
Going through a divorce is indeed a difficult emotional experience. It is tempting to post status updates to your friends on social media. You want to vent about injustices you feel from your soon-to-be ex-spouse. You may say something you plan on doing to get revenge. You are tempted to post photos that you hope may make him or her jealous. At Springer & Lyle, we strongly urge you to completely avoid social media during your divorce proceedings. No Matter Your Privacy Settings, Your Social Media Postings Can Be Used Against You You may wonder how a … [Read more...]
Some Financial Do’s and Dont’s While Divorcing
Getting divorced can be one of the hardest and scariest things that you may ever do. For this reason, you should not do it alone. A good lawyer from Springer & Lyle will help you through this difficult time, especially when it comes to dealing with your finances. Here are some financial do’s and dont’s while you are getting divorced. Do plan ahead. It is important that you still think about your needs during the divorce. This includes, not only how you are going to live now, but in the future. Make sure you plan for your retirement while you are going through your divorce. Don’t … [Read more...]