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McKinney Texas Family Law Blog

A property division checklist can provide structure

Are you standing face-to-face with divorce? Do you have concerns about property division — more specifically your ability to obtain the assets that you have a right to?

There are many challenges associated with divorce, and many people immediately get worried about property and debt division. While it's only natural to feel this way, there are steps you can take to ease your tension and feel better about your unencumbered future.

Fathers' rights: Know your custody rights

As a father going through a divorce, a concern you may have is losing too much time with your children. The reality is that, in the past, the courts seems biased toward keeping children with their mothers. In many cases, fathers were the only ones working, so it made sense to keep children with the person who raised them the majority of the time.

This isn't the case now. In today's world, both men and women work and raise their children. Sometimes, men stay at home and women are the breadwinners. For this reason, it's important to know that the courts no longer have a preference toward the children staying with the mother. Instead, the court wants to see the children happy and healthy, so it focuses on whatever parenting plan allows for that to be the case.

Make plans for vacation now if you have a child custody order

The summer is a time for fun and excitement. When you are ready to make vacation plans, you need to think carefully about when and where you are going. If you and your ex have children together, you will need to turn to your child custody agreement to find out what limitations and guidelines there are for vacations.

It is usually best to plan ahead for these trips. This gives you time to determine how various aspects of your custody schedule and the trip might work together. Here are some important factors to consider:

How Updating Your Estate Plan After Divorce Can Save You from Unwanted Consequences

Many divorcees can agree that their ex-spouse is the last person they want inheriting their assets upon death or making their medical decisions upon disability, so save yourself further stress by updating your estate plan to reflect your life post-divorce.

Today, most states, including Texas, will disinherit an ex-spouse beneficiary named in your will, operating as if your ex-spouse predeceased you and allowing your assets to pass to a designated alternate beneficiary. However, if you have failed to list alternate beneficiaries your assets will pass intestate, according to the laws of you home state. Leaving your estate in the hands of the state can cause uncertainty among your heirs, especially as laws change; therefore, revoking your old will, drafting a new will post-divorce, and dictating your new wishes is the best option for you and your heirs.

Planning for Your Digital Assets

Due to today's technology-driven world, we should all arrange for our digital assets and their distribution to be part of our estate plans. If you fail to plan for these assets before you pass, then your family could incur difficulty in gaining important information from your online accounts for the distribution of your estate.

Community property laws are still alive and well in Texas

While most states use the principles of equitable division, Texas still follows the rules of community property. This means that if you live in McKinney and you intend to divorce, you should find out everything you can about the community property laws and how they might affect your settlement.

The following overview on Texas community property laws can provide you with some useful information. The more you know about how marital property laws can impact your future, the better prepared you will be once you finalize the divorce.

Financial tips to help you start over after divorce

Divorce is never easy and neither is starting over after you have put pen to paper and signed the divorce decree. Not only will you no longer have your husband's income to depend on, but you may have to sell your home in McKinney. In fact, your biggest concern is probably how you will financially recover from the divorce.

With a little bit of planning, it is possible to prepare yourself, and your bank account, for divorce. Here are some tips to help your post-divorce finances.

3 reasons divorcing before January 1 is a good idea

Divorcing in January might seem like a bad time. It's just after the holidays and comes before tax season. The truth is that January could be the perfect time to divorce, depending on your situation.

Why would you want to divorce in January? Here are a couple reasons that you should consider.

  • You get a fresh start

Filing for divorce might be more complex than you realize

Divorce is a traumatic time for many adults. Some people are so desperate to get out of a toxic marriage that they try to get it over with as quickly as possible. Some even try to handle the divorce matters themselves instead of working with a professional.

Divorce in Texas isn't an easy prospect to contemplate doing on your own. The paperwork alone is intensive, especially if you have assets to divide or children who will need a parenting plan. Here are some other things to consider before you decide to handle a divorce on your own:

Sending Your Kids Off to College? Have Them Sign These Two Forms

A medical power of attorney and a durable power of attorney are essential to any estate plan, although not considered by most adults until nearing retirement, but why are these documents also important for young adults? Once children turn eighteen, parents no longer have the authority to make health care or legal decisions for their children even if they are still footing the bills-college tuition, insurance, and the list goes on. Losing this authority means that if your child becomes disabled in an accident, you may need to seek court approval to act on your child's behalf.

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