Law Offices of Rebecca Gonzalez, P.C.San Antonio Divorce Lawyer | Family Law Attorney2024-03-15T15:23:22Zhttps://www.rebeccagonzalezlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601178/2020/10/cropped-RAG-Favicon-512x512-1-32x32.pngOn Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484412024-03-15T15:23:22Z2024-03-15T15:23:22Z1. Unexplained financial control
If your spouse suddenly takes full control of the finances and refuses to share account information with you, this is a warning sign. Continually check access to all online accounts. If you find yourself locked out without explanation, investigate the situation further to ensure you will have a fair division of assets.
2. Mysterious behavior around finances
Another red flag is if your spouse becomes secretive about financial matters. If they avoid discussing money or seem evasive when you bring up financial topics, they may be trying to hide something from you.
Open communication is key to a positive outcome in any relationship, including during a divorce. Reluctance to talk about finances could indicate ulterior motives.
3. Suspicious spending patterns
Keep an eye out for unusual spending habits, particularly large purchases your spouse makes without your knowledge. Your spouse might be trying to deplete joint assets by buying expensive items to hide or sell later. Additionally, if your soon-to-be ex-spouse starts giving money to friends or family, claiming it as loans, it could be a tactic to retain cash for themselves post-divorce.
4. Missing financial documents
If you notice that bank statements or other financial documents stop arriving as usual, dig deeper. Your spouse may have changed the mailing address to hide transactions or divert funds into a separate account. Discrepancies in the handling of financial paperwork could indicate attempts to conceal assets.
5. Sudden financial claims
Be wary if your spouse suddenly claims a decrease in income or blames losses on bad investments. This might be a fabrication to justify hidden assets or reduced payouts during the divorce settlement. Questionable business practices or overstated financial losses should raise suspicion.
The penalties for hiding assets can include criminal charges. As the wronged spouse, you might even receive a larger portion of the estate or the value of an item for what the court refers to as “fraud on the community.” Therefore, it is wise to recognize and act on signs of asset concealment early on to protect your financial interests during divorce.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484372024-02-28T01:43:18Z2024-03-01T01:42:04ZCustody modification
Remarriage can prompt a review of the existing custody arrangement. The remarried parent could seek to modify the agreement to accommodate the new family dynamics. This may require discussing and agreeing on new visitation schedules or making changes to the division of parenting duties.
Stability concerns
When a parent gets married again, there is often concern about how stable things will be for the child. The court may consider whether the new spouse could be risky for the child or if getting married again will create an unstable environment. The most important thing for everyone involved is what is best for the child.
Blended families
In some situations, remarriage results in a blended family. This consists of kids from past relationships spending time together with their step-siblings. When this occurs, custody arrangements can get tricky as parents figure out how to handle the relationships between their kids and stepchildren.
Communication and cooperation
When ex-spouses get remarried, they need to talk and cooperate. By working together, things are much easier for their child. Talking openly about remarriage and how it might affect custody can make things less stressful for everyone.
Parents must approach remarriage and the changes that come with it with sensitivity, as their focus remains on their child's well-being.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484252024-02-13T23:29:53Z2024-02-15T23:29:42Z1. Maintain a positive relationship with the children
Non-alienating parents need to maintain positive and supportive relationships with their children, even in the face of resistance or negativity. They need to continue to reach out with love, understanding and patience, demonstrating that they are a reliable and caring presence in the children's lives. Alienated children may act belligerent, angry, hostile, disrespectful and rude, but they still need reassurance. Acting the opposite of how the alienating parents depict them also strengthens the truth.
Parents also need to foster open and honest communication. Children need to feel they can speak about difficult subjects safely with them.
2. Remain cordial with the other parent
Parents need to avoid talking negatively about the alienating parents. They need to remain civil in all interactions, such as dropoff and pickup. This models healthy co-parenting behavior for the children.
3. Seek professional help
A therapist or counselor experienced in family dynamics can provide valuable support and guidance for processing emotions, improving communication and rebuilding relationships. Outside help also provides a neutral perspective that children may feel safer listening to.
4. Document everything
Parents need to keep detailed records of any incidents or interactions related to the parental alienation, including dates, times and specific behaviors or statements made by the alienating parent. Because parental alienation can create a hostile environment and hurt the children, parents may need to ask for court intervention. Documentation offers evidence that the alienation exists.
Children exposed to parental alienation may experience negative consequences. Targeted parents may find their relationships with their children damaged. However, they can counter alienation and help children recover with patience, love and understanding.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484202024-02-08T18:40:29Z2024-02-12T18:39:38ZYoung children
For young children aged 0 to 6, divorce can be confusing and distressing. They may not fully grasp the concept and may primarily worry about losing one or both parents. To ease this announcement, use simple language to explain.
Avoid overwhelming them with too much information. Reassure them that both parents will continue to love and care for them, even if they will not live together.
Keeping a consistent daily routine can provide stability during this uncertain time.
Middle childhood
In the middle childhood phase, between ages 7 to 12, children have a better understanding of divorce but may still struggle emotionally. They might even feel responsible for the breakup. To help them cope, be honest about the situation but avoid placing blame on either parent.
Encourage open conversations, allowing them to ask questions and express their feelings. Remember to show patience and empathy in your responses.
Maintain their regular activities and friendships to create a sense of normalcy.
Teens
For adolescents, aged 13 to 18, who typically comprehend divorce better, the impact can be profound, leading to a range of emotions like anger, sadness and confusion. To announce the divorce more effectively, respect their need for independence and involve them in discussions about where they will live and their schedules.
Acknowledge and validate their feelings, creating a non-judgmental space for them to express themselves. If they struggle to cope with the emotional effects of the divorce, consider seeking professional counseling or therapy.
Timing matters
Timing plays an important role in minimizing emotional distress and helping children adjust. Pick a moment when the atmosphere is calm and conducive to open communication. Avoid times of heightened stress or during significant life events.
By choosing the right moment, you can provide your children with a more stable and supportive environment during this challenging transition.
Put your children first
Parental divorce is distressing for many children, so try to focus on what they need to help them navigate the complexities of divorce and feel more emotionally secure.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484162024-01-27T18:53:50Z2024-02-01T18:52:47ZCommunity property principles in Texas
Texas follows the community property principle in divorce cases. It entails the presumption that all assets acquired during the marriage are community property for fair division between the spouses. However, the court has the discretion to deviate from a 50-50 split based on various factors, including the health of the spouses.
Economic impact of health conditions
A spouse's health can directly impact their ability to earn income and contribute financially to the marriage. In San Antonio, the median household income is $59,593.
The court may also consider health in situations where a spouse's health deteriorates, affecting their earning capacity or employability. The goal is to ensure that both parties have a financially stable position post-divorce.
Medical expenses and asset distribution
The costs associated with a spouse's health condition, including medical bills and ongoing health care expenses, may factor into the property division process. Courts may consider these financial obligations to ensure that the spouse with health challenges has the necessary resources to meet their medical needs.
Unequal contribution and health
Sometimes, one spouse takes on a disproportionate share of the financial burden due to the other spouse's health constraints. The court may acknowledge this imbalance in the decision on property division.
Texas courts aim to rectify any economic disparities that arise from health-related challenges, striving to provide a fair and just resolution for both parties.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484152024-01-18T21:01:09Z2024-01-18T21:01:09Z1. Choose the right time and place
Timing and environment matter when discussing divorce with children. Select a quiet, comfortable setting where distractions are minimal. Ensure that there is enough time for the conversation without interruptions.
2. Present a united front
Regardless of any differences between parents, presenting a united front is important when talking to children about divorce. This reinforces that both parents will continue to love and support them, even though the marital relationship is changing. Avoid placing blame or involving the children in any conflicts.
3. Use age-appropriate language
Tailor the language to the age and maturity level of each child. Use simple, honest and age-appropriate explanations. Younger children may need more straightforward language, while older children may benefit from more detailed explanations. Be prepared to answer their questions with patience and honesty.
4. Reassure the children
Children often internalize the idea that they are somehow responsible for their parents' divorce. Reassure them that the decision is between the adults and is not a reflection of the children's actions. Emphasize that both parents will continue to love and support them, irrespective of the changes in the family structure and that there is zero blame on their part.
5. Allow emotional expression
Children may respond to the news of divorce with a range of emotions, including sadness, anger, confusion or even relief. Be ready for these reactions and allow space for them to express their feelings. Encourage open dialogue, and let them know that their emotions are valid and welcome.
Telling children about an impending divorce is far from easy. The divorce itself may bring about many changes not just in their lives, but in their mental and emotional states and behavior. The important thing is to remain supportive and loving as parents and reassure the children that even if the parents' relationship with each other changes, their relationship with their children will not.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484142024-01-08T20:33:05Z2024-01-08T20:33:05ZConflicted style: When contention is prevalent
Conflicted co-parenting occurs when separated couples have difficulty communicating. This style is usually unhealthy for children and often involves constant arguments and a lack of trust between the parents. Parenting this way can also cause children to feel caught in the middle, leading to emotional and psychological harm.
Still, some may not be able to avoid contention completely, especially if one party refuses to act maturely. However, parents may be able to make this type of co-parenting work better by setting ground rules for interactions. For example, parents can avoid conflicts in front of their children.
Parallel style: Separate but equal
Parallel co-parenting is a slight improvement over conflicted co-parenting. It happens when divorced or separated couples do not communicate much but still work together on parenting issues.
This style is common when there is a history of conflict between the parents and they feel that they should keep their interactions minimal. In this style, parents do not make parenting decisions together. Instead, they make decisions independently and stick to them.
The downside is that children may receive mixed messages and lack a consistent approach to parenting. Again, better communication can improve this situation. For example, parents might decide that discussions should only occur through emails or text messages where each person has more time to craft a balanced response.
Cooperative style: The optimal solution
Cooperative co-parenting is the healthiest style for children. Here, divorced or separated parents work together and communicate respectfully despite their differences. This style also involves a shared approach to decision-making and discipline.
Parents who engage in cooperative co-parenting put their children's welfare first and prioritize working together. Parents can plan mutually beneficial schedules, serve as each other's sources of support and help their children adjust to the new family dynamic. They are also open to each other's suggestions, respect each other's opinions and work to build a healthy relationship for their children's sake.
Parenting is challenging, and co-parenting after separation raises new obstacles. However, by establishing a healthy co-parenting relationship, children of divorced or separated parents can experience a stable family life full of love, support and respect.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484132023-12-21T20:05:34Z2023-12-21T20:05:34ZOwnership matters
The first consideration is who legally owns the property. If the purchase of the lake house happened during the marriage, Texas law generally considers it community property. That means both spouses have an equal claim to it. However, if one spouse owned the lake house before the marriage, the courts may consider it separate property. That makes the division less straightforward.
Financial considerations
In many divorce cases, financial considerations play a role in deciding who gets the lake house. The court may assess each spouse's financial situation, including income, debts and other assets, to ensure a fair distribution. The spouse with fewer financial resources may get the lake house to balance the financial scales.
Negotiation and compromise
Divorce proceedings often involve negotiation between the spouses to reach a mutually agreeable solution. In the case of the lake house, compromise becomes important. Spouses may decide to sell the property and divide the proceeds or establish a schedule for shared use, allowing both parties to enjoy the lakehouse at different times.
Finalizing the decision
Ultimately, the court or the divorcing couple themselves must finalize the decision regarding the lake house. This may involve a clear and legally binding agreement outlining the terms of ownership and usage. Both parties need to understand the implications of the decision and the impact it may have on their post-divorce lives.
In 2021, Texas had a divorce rate of 2.9 per 1,000 population. During the process of dividing shared property, it is important to find a resolution that meets both party's needs.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484122023-12-16T21:44:48Z2023-12-16T21:44:48Z1. Emphasize open communication
Initiate an open and honest conversation with your co-parent about the challenges you are facing with the current dropoff times. Express your concerns calmly and be willing to listen to their perspective. Effective communication lays the foundation for cooperation and understanding.
2. Propose alternative dropoff times
Suggest alternative dropoff times that better align with your schedule. Be flexible and considerate when proposing changes, taking into account your co-parent's availability as well. Collaborate on finding a solution that accommodates both parties, ensuring the child's well-being remains the top priority.
3. Document agreements in writing
Once you and your co-parent reach an agreement on new dropoff times, document these changes in writing. This written agreement can serve as a reference point for both parties, minimizing the likelihood of misunderstandings or disputes in the future.
4. Focus on the child's needs
In Texas, nearly 25% of the population is younger than 18 years, and many of these children have parents who are not together. Throughout the negotiation process, keep the child's best interests at the forefront of your discussions.
Emphasize the importance of maintaining stability and routine for the child, even in the face of changing dropoff times. Collaborate with your co-parent to create a plan that ensures the child's well-being and emotional stability.
Flexibility is key in co-parenting. Prepare to compromise and find a middle ground that benefits both you and your co-parent. By demonstrating a willingness to work together, you set a positive example for your child and create a cooperative co-parenting environment.]]>On Behalf of Law Offices of Rebecca Gonzalez, P.C.https://www.rebeccagonzalezlaw.com/?p=484112023-12-12T17:55:42Z2023-12-12T17:55:42ZBest interests of the child
Texas courts focus on what is best for the child. This means looking at which parent can provide a stable, loving environment. The court will consider things like the child’s age, physical and emotional needs and the parent's ability to care for the child.
Impact of military service
The court also looks at how the military parent's service affects their ability to be there for the child. This includes whether they are often away for training or deployment and how often they might have to move. The court tries to make sure that the child's life is as stable as possible.
Temporary custody arrangements
Sometimes, the military parent might need to set up a temporary custody arrangement. This can happen when deployed or other military duties arise that take them away from home. The court can create a temporary custody plan for this time, which usually goes back to the original plan once the parent returns.
Visitation and communication
The court also tries to make sure the child keeps a good relationship with the military parent when they are away. This could mean setting up regular phone calls, video chats or visits during leave times.
Deciding child custody in Texas, where one spouse is in the military, is a process that tries to balance the unique demands of military life with the need to provide a stable, loving environment for the child. Remember, the child’s needs and well-being come first.]]>